As we approach the March 19 primary election, we’ve started receiving more calls on the legal hotline about the ability of board members and district employees to engage in political activities.

Ohio Revised Code 9.03 prohibits a board of education from participating in certain political activities, such as supporting or opposing the nomination or election of a candidate for public office or the passage of a levy or bond issue. It also prohibits school boards from compensating employees for time spent on activities designed to influence the outcome of an election on any of these topics.

Acting in their individual capacities on their personal time, school employees may engage in certain political activities, including attending a political rally, participating on a campaign committee or phone bank, posting campaign signs, signing petitions, registering voters and advocating for a particular political position. However, employees should be cautious about  participating in a manner that suggests the district’s endorsement of a cause, candidate or issue. Employees should refrain from using the district’s name or resources in connection with their personal or unofficial activities and should not imply the district’s approval or disapproval of an expressed view.

For additional information on this topic, check out OSBA’s Regulating political activities of school employees fact sheet. The Auditor of State has also developed a set of Frequently Asked Questions and best practice recommendations to provide guidance about what AOS considers to be permitted and not permitted under state law relative to levy and bond issues and campaigns.

Posted by Sara C. Clark on 3/11/2024