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BBBD (TSBVI) Electioneering

This policy outlines the policy regarding electioneering and political advertising for board member elections.

The Board may not use state or other resources of TSBVI to electioneer for or against any candidate, measure, or political party.  Education Code 11.169; Gov’t Code 556.004; Penal Code 36.02, 36.03, 36.09, 39.03

Political Advertising

An officer or employee of TSBVI may not knowingly spend or authorize the spending of public funds for the purpose of political advertising.  This does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure.  Gov’t Code 556.004; Ethics Advisory Opinion No. 172 (1993)

An officer or employee of TSBVI may not spend or authorize the spending of public funds for a communication describing a measure if the communication contains information that:

  1. The officer or employee knows is false; and
  2. Is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure.

It is an affirmative defense to prosecution for an offense under these provisions or the imposition of a civil penalty for conduct under these provisions that the officer or employee reasonably relied on a court order, or an interpretation of these provisions in a written opinion issued by a court of record, the attorney general, or the Ethics Commission.

On written request of the Board, the Ethics Commission shall prepare an advance written advisory opinion as to whether a particular communication relating to a measure does or does not comply with these provisions.

Election Code 255.003  [See CPAB regarding use of the internal mail system for political advertising]

Definition

“Political advertising” means a communication supporting or opposing a candidate for nomination or election to a public office or office of a political party, a political party, a public officer, or a measure that:

  1. In return for consideration, is published in a newspaper, magazine, or other periodical or is broadcast by radio or television;
  2. Appears in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication; or
  3. Appears on an Internet website.

Election Code 251.001(16); 1 TAC 20.1(13)(A)

“Political advertising” does not include an individual communication made by e-mail, but does include mass e-mails involving an expenditure of funds beyond the basic cost of hardware, messaging software, and bandwidth. 1 TAC 20.1(13)(B)

Newsletters

A newsletter of a public officer of TSBVI is not political advertising if:

  1. It includes no more than two pictures of a public officer per page and if the total amount of area covered by the pictures is no more than 20 percent of the page on which the pictures appear;
  2. It includes no more than eight personally phrased references on a page that is 8 1/2” x 11” or larger, with a reasonable reduction in the number of such personally phrased references in pages smaller than 8 1/2” x 11”; and
  3. When viewed as a whole and in the proper context:
    1. Is informational rather than self-promotional;
    2. Does not advocate passage or defeat of a measure; and
    3. Does not support or oppose a candidate for nomination or election to a public office or office of the political party, a political party, or a public officer.

1 TAC 26.2

Adopted: 6/1/18

Amended: 2/18/22

Reviewed: