Indiana § 36-1.5-4-46 Promoting position on public question prohibited

Indiana Statutes

§ 36-1.5-4-46 — Promoting position on public question prohibited

Indiana § 36-1.5-4-46

Title 36LOCAL GOVERNMENT

Art. 1.5GOVERNMENT MODERNIZATION

Ch. 4Reorganization by Referendum

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Bluebook

Ind. Code § 36-1.5-4-46 (2026).

Text

(a)Except as otherwise provided in this section, during the period beginning with the date the final plan of reorganization is approved by the legislative body or considered to be approved under section 23.5 of this chapter, and continuing through the day on which the public question is submitted to the voters, a political subdivision may not promote a position on the public question by doing any of the following:

(1)Using facilities or equipment, including mail and messaging systems, owned by the political subdivision to promote a position on the public question, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the political subdivision.

(2)Making an expenditure of money from a fund controlled by the political subdivision to pro

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(a) Except as otherwise provided in this
section, during the period beginning with the date the final plan of
reorganization is approved by the legislative body or considered to be
approved under section 23.5 of this chapter, and continuing through the
day on which the public question is submitted to the voters, a political
subdivision may not promote a position on the public question by doing
any of the following:
(1) Using facilities or equipment, including mail and messaging
systems, owned by the political subdivision to promote a position
on the public question, unless equal access to the facilities or
equipment is given to persons with a position opposite to that of
the political subdivision.
(2) Making an expenditure of money from a fund controlled by
the political subdivision to promote a position on the public
question.
(3) Using an employee to promote a position on the public
question during the employee's normal working hours or paid
overtime, or otherwise compelling an employee to promote a
position on the public question at any time. However, if a person
described in subsection (c) is advocating for or against a position
on the public question or discussing the public question as
authorized under subsection (c), an employee of the political
subdivision may assist the person in presenting information on the
public question if requested to do so by the person described in
subsection (c).
However, this section does not prohibit an official or employee of the
political subdivision from carrying out duties with respect to a public
question that are part of the normal and regular conduct of the official's
or employee's office or agency, including the furnishing of factual
information regarding the public question in response to inquiries from
any person.
(b) This subsection does not apply to:
(1) a personal expenditure to promote a position on a local public
question by an employee of the political subdivision whose
employment is governed by a collective bargaining contract or an
employment contract; or
(2) an expenditure to promote a position on a local public
question by a person or an organization that has a contract or an
arrangement (whether formal or informal) with the political
subdivision solely for the use of the political subdivision's
facilities.
A person or an organization that has a contract or arrangement
(whether formal or informal) with a political subdivision to provide
goods or services to the political subdivision may not spend any money
to promote a position on the public question. A person or an
organization that violates this subsection commits a Class A infraction.
(c) Notwithstanding any other law, an elected or appointed official
of a political subdivision may:
(1) personally advocate for or against a position on a public
question; or
(2) discuss the public question with any individual, group, or
organization or personally advocate for or against a position on a
public question before any individual, group, or organization;
so long as it is not done by using public funds. Advocacy or discussion
allowed under this subsection is not considered a use of public funds.