The bill would specifically prohibit government-funded publications that “refer to, but not directly advocate support or opposition of, a candidate, levy, or bond issue” in the 30 days preceding an election, according to the legislature’s nonpartisan analysis of the bill.
Mathews told this outlet that H.B. 264 would essentially broaden the same ethical restrictions put on state lawmakers, who are not allowed to send out mailers from their offices touting their achievements or backgrounds in the 30 days leading up to an election.
“Other people, whether that be city or village councils, county commissioners or school boards, could and in some cases do send out information to promote themselves,” Mathews said. “And, while they may not say the magic words of ‘donate to,’ or ‘vote for this,’ they are often using government resources to brandish their name or highlight one side of the story when we’re in the middle of a voting period.”
The bill comes as the Ohio Auditor of State’s Office has ramped up action against governments using taxpayer funds for campaign purposes.
These efforts included a 2023 special audit into the Bellbrook-Sugarcreek School District and criminal charges brought against the district’s superintendent and several board members who were accused of misusing public funds to support the passage of a May 2019 school levy, including allegedly authorizing district funds to pay for newsletters promoting the levy.
Ohio law has long held that taxpayer money cannot be used by a government or school to advocate for the passage of a tax levy. However, providing factual information to voters about taxes, budgets and city or school news is allowed.
Newsletters paid for by public entities, particularly school boards, have long walked a fine line between sharing positive school information, which is allowed, and openly campaigning to vote yes, which is not.
Mathews said H.B. 264 would “make sure that government resources are used for government information and campaign resources are used for campaign information” by eliminating any loopholes school boards, governments or candidates may exploit to tip the scales in their favor.
Mathews is on the bill with Rep. Tex Fishcer, R-Boardman. Both lawmakers testified to the House General Government Committee Tuesday that H.B. 264 wouldn’t stop necessary communications between elected officials and their constituents.
Mathews said he doesn’t expect too much opposition from the boards or elected officials this bill would impact.
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Avery Kreemer can be reached at 614-981-1422, on X, via email, or you can drop him a comment/tip with the survey below.
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