Proposed legislation in the Ohio legislature would ban governments, schools, and elected officials from using taxpayer money to “indirectly support” themselves or ballot issues leading up to an election.
House Bill 264, sponsored by state Reps. Tex Fischer, R-Boardman, and Adam Mathews, R-Lebanon, would prohibit officials from disseminating unsolicited mailings 30 days before an election. It includes exceptions for government websites, communications that are mandated by law, and personal correspondence.
“The concept behind this bill is simple: taxpayer dollars should go to informing the public, not campaigning,” Fischer and Mathews said in prepared testimony. “Just as we have clear rules delineating how we operate in the Statehouse, we should not have blurred lines for others that appear on the ballot. Elected officials and political subdivisions can be tempted to use public funds to send out mass mailers just before elections. There are certainly many benefits that come with incumbency, but one that should absolutely not be tolerated under any circumstances is the ability to use tax dollars to campaign.
“We, as House members, impose this same ban on ourselves in the time leading up to an election, and it is our belief that all government entities should play by the same rules,” they added. “Nothing in this bill stops people from necessary communication regarding constituent services or newsletters where citizens opted into communication. Further, standalone levy or political campaigns can continue as [they] always have.”
Ohio law generally restricts local jurisdictions from using taxpayer money to communicate in support of or opposing a candidate, a levy, or a bond issue. State law also forbids state and local officials from directly or indirectly using taxpayer money to benefit a candidate or a political entity regulated under the campaign finance law.
“They have 11 other months of the year to provide information to their citizens,” News 5 Cleveland quoted state Rep. Adam Mathews, R-Lebanon. “Making sure that their taxpayer dollars are used for the governing of their entities rather than influencing elections.”
The bill would bar officials from using taxpayer money to promote themselves or influence the public before an election.
“Other people, whether that be city or village councils, county commissioners or school boards, could and in some cases do send out information to promote themselves,” the Dayton Daily News quoted Mathews. “And, while they may not say the magic words of ‘donate to,’ or ‘vote for this,’ they are often using government resources to brandish their name or highlight one side of the story when we’re in the middle of a voting period.”
In April, Auditor of State Keith Faber reminded proponents and opponents of levies and bond issues not to use tax dollars in their campaign efforts.
“My office regularly receives questions about the use of public resources on these issues,” Faber said in a release. “Here’s the bottom line: You cannot campaign or influence the outcome of a levy or bond issue using tax dollars.”
Following a late 2019 complaint made to the Greene County Sheriff’s Office, the Auditor of State’s Special Investigations Unit recommended charges against the superintendent and Bellbrook-Sugarcreek Board of Education members.
According to the state auditor’s office, Bellbrook-Sugarcreek Superintendent Douglas Cozad approved using district funds to advocate for a tax levy. Cozad and Elizabeth Betz, a former school board member, pleaded guilty to misdemeanor dereliction of duty charges.
Former board members Virginia Slouffman and David Carpenter were found guilty of one count of dereliction of duty.
Cozad paid $5,803.59 in restitution, Betz paid $1,303.59, and Carpenter and Slouffman each paid $502.
