§ 8-25-2-12 — Conduct of political subdivisions, public officials, and public employees during an election on a public question

(a) Except as otherwise provided in this
section, during the period beginning with the date on which an
ordinance is adopted under this chapter to place a local public question
on the ballot and continuing through the day on which the public
question is submitted to the voters under this chapter, a political
subdivision may not promote a position on the local 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 local 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 local public
question.
(3) Using an employee to promote a position on the local public
question during the employee's normal working hours or paid
overtime, or otherwise compelling an employee to promote a
position on the local public question at any time. However, if a
person described in subsection (b) is advocating for or against a
position on the local public question or discussing the local public
question as authorized under subsection (b), 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 (b).
However, this section does not prohibit an official or employee of the
political subdivision from carrying out duties with respect to a local
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 local public question in response to
inquiries from any person.
(b) Notwithstanding any other law, an elected or appointed official
of a political subdivision may:
(1) personally advocate for or against a position on a local public
question; or
(2) discuss the public question with any individual, group, or
organization or personally advocate for or against a position on a
local 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.

Legislative History

As added by P.L.153-2014, SEC.17.