Section 17-17-5.1 This Section Was Assigned by the Code Commissioner in the 2022 Regular Session, Effective January 1, 2023. This Is Not in the Current Code Supplement.

(a) For the purposes of this section, the following terms have the following meanings: (1) GOVERNMENTAL BODY. Any department, agency, board, commission, or authority of the state or political subdivision, or any public corporation, authority, agency, board, commission, or other governmental body controlled by the state or political subdivision, including a public institution of higher education, local board of education, or any school under the jurisdiction of a local board of education. (2) PUBLIC EMPLOYEE. The meaning ascribed in Section 36-25-1. (3) PUBLIC OFFICIAL. The meaning ascribed in Section 36-25-1. (b)(1) Any provision of law to the contrary notwithstanding, a public official or public employee may not expend any public funds from any source for activities to advocate in favor of or against a statewide or local ballot measure, even if the public official or public employee has determined that the expenditure serves a public purpose. (2) For the purposes of this subsection, the activities prohibited are those enumerated in subdivision (b)(1) of Section 17-17-5, including the presentation or distribution of any political literature or the placement of any sign, banner, marker, or other political poster on the property of a governmental body, if the purpose is to advocate in favor of or against a statewide or local ballot measure. (c) Providing an objective analysis or factual information on a ballot measure which does not advocate a specific position is not a prohibited activity under subsection (b). (d) Any public official or public employee who votes or takes other official action to expend public funds in violation of subsection (b), as determined by the Department of Examiners of Public Accounts, shall be subject to a demand for repayment in accordance with Section 41-5A-20. (e) Nothing in this section shall prevent a contribution or dues payment to a trade association of which the public employee is a member. (f) Nothing in this section shall be interpreted as prohibiting any student, faculty member, or other employee or official of a school or institution of higher education from discussing political topics, including referendums, while on campus. (g) Nothing in this section shall be interpreted as prohibiting a public official or public employee from promoting or opposing a referendum in his or her capacity as a private citizen and while not engaged in official duties as long as the activities of the public official or public employee do not violate Section 36-25-5. (h) Nothing in this section shall prohibit a governmental body from informing members of the public about pending elections, promoting citizen participation in the voting process, or encouraging citizens to vote on an election day as part of their civic duty. (i) Nothing in this section shall prohibit a municipality from expending public funds to hold a referendum election authorized by the municipal governmental body as provided by law nor prohibit municipal officials or employees from advocating in favor of or against the underlying purpose of the referendum. (j) Nothing in this section shall prevent a local school district or other governmental body from expending local revenue to inform members of the public as to services that would be cut if ad valorem taxes are not passed or renewed.