HB 264

As Introduced
136th General Assembly
   Regular Session  H. B. No. 264
       2025-2026
  Representatives Fischer, Mathews, A.
  To amend section 9.03 of the Revised Code to  1
  prohibit certain government publications  2
  concerning candidates or ballot issues during  3
  the 30 days before an election.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 9.03 of the Revised Code be  5
amended to read as follows:  6
     Sec. 9.03. (A) As used in this section:  7
     (1) "Political subdivision" means any body corporate and  8
politic, except a municipal corporation that has adopted a  9
charter under Section 7 of Article XVIII, Ohio Constitution, and  10
except a county that has adopted a charter under Sections 3 and  11
4 of Article X, Ohio Constitution, to which both of the  12
following apply:  13
     (a) It is responsible for governmental activities only in  14
a geographic area smaller than the state.  15
     (b) It is subject to the sovereign immunity of the state.  16
     (2) "Cigarettes" and "tobacco product" have the same  17
meanings as in section 5743.01 of the Revised Code.  18
     (3) "Transaction" has the same meaning as in section  19
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As Introduced
1315.51 of the Revised Code.  20
       (4) "Campaign committee," "campaign fund," "candidate,"  21
"legislative campaign fund," "political action committee,"  22
"political committee," "political party," and "separate  23
segregated fund" have the same meanings as in section 3517.01 of  24
the Revised Code.  25
       (5) "Government publication" means a notice, placard,  26
advertisement, brochure, flyer, direct mailer, newsletter,  27
electronic mail message, internet article or advertisement, or  28
other form of general publication that communicates information  29
about the plans, policies, and operations of a state agency,  30
political subdivision, or public official to members of the  31
public. "Government publication" does not include either of the  32
following:  33
       (a) Any official notice, report, or other communication  34
that is required to be made under an applicable law;  35
       (b) Any official correspondence sent to one or more  36
persons that is not sent to the general public.  37
       (B) Except as otherwise provided in division (C) of this  38
section, the governing body of a political subdivision may use  39
public funds to publish and distribute newsletters, or to use  40
any other means, to communicate information about the plans,  41
policies, and operations of the political subdivision a  42
government publication to members of the public within the  43
political subdivision and to other persons who may be affected  44
by the political subdivision.  45
       (C) Except as otherwise provided in division (A)(7) of  46
section 340.03 of the Revised Code, no governing body of a  47
political subdivision shall use public funds to do any of the  48
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As Introduced
following:  49
       (1) Publish, distribute, or otherwise communicate  50
information that does any of the following:  51
       (a) Contains defamatory, libelous, or obscene matter;  52
       (b) Promotes alcoholic beverages, cigarettes or other  53
tobacco products, or any illegal product, service, or activity;  54
       (c) Promotes illegal discrimination on the basis of race,  55
color, religion, national origin, disability, age, or ancestry;  56
       (d) Supports or opposes any labor organization or any  57
action by, on behalf of, or against any labor organization;  58
       (e) Supports or opposes the nomination or election of a  59
candidate for public office, the investigation, prosecution, or  60
recall of a public official, or the passage of a levy or bond  61
issue.  62
       (2) Compensate any employee of the political subdivision  63
for time spent on any activity to influence the outcome of an  64
election for any of the purposes described in division (C)(1)(e)  65
of this section. Division (C)(2) of this section does not  66
prohibit the use of public funds to compensate an employee of a  67
political subdivision for attending a public meeting to present  68
information about the political subdivision's finances,  69
activities, and governmental actions in a manner that is not  70
designed to influence the outcome of an election or the passage  71
of a levy or bond issue, even though the election, levy, or bond  72
issue is discussed or debated at the meeting.  73
       (D) Except as otherwise provided in division (A)(7) of  74
section 340.03 of the Revised Code or in division (E) of this  75
section, no person shall knowingly conduct a direct or indirect  76
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As Introduced
transaction of public funds to the benefit of any of the  77
following:  78
        (1) A campaign committee;  79
        (2) A political action committee;  80
        (3) A legislative campaign fund;  81
        (4) A political party;  82
        (5) A campaign fund;  83
        (6) A political committee;  84
        (7) A separate segregated fund;  85
        (8) A candidate.  86
        (E) Division (D) of this section does not prohibit the  87
utilization of any person's own time to speak in support of or  88
in opposition to any candidate, recall, referendum, levy, or  89
bond issue unless prohibited by any other section of the Revised  90
Code.  91
        (F) (F)(1) The use of public funds, directly or  92
indirectly, to disseminate a government publication during the  93
period beginning on the thirtieth day before the day of an  94
election and ending on the day of the election that refers to a  95
clearly identified candidate for nomination or election at that  96
election is considered to support or oppose the nomination or  97
election of a candidate for public office in violation of  98
division (C)(1)(e) of this section and is considered a  99
transaction of public funds to the benefit of a candidate in  100
violation of division (D) of this section. A government  101
publication refers to a clearly identified candidate if the  102
candidate's name, nickname, photograph, or drawing appears, or  103
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if the identity of the candidate is otherwise apparent through  104
an unambiguous reference to the person such as "the chief  105
justice," "the governor," "member of the Ohio senate," "member  106
of the Ohio house of representatives," "county auditor,"  107
"mayor," or "township trustee" or through an unambiguous  108
reference to the person's status as a candidate.  109
       (2) The use of public funds, directly or indirectly, to  110
disseminate a government publication during the period beginning  111
on the thirtieth day before the day of an election at which a  112
levy or bond issue appears on the ballot and ending on the day  113
of the election that refers to the levy or bond issue or that  114
refers to a state agency's or political subdivision's finances  115
is considered to support the passage of the levy or bond issue  116
in violation of division (C)(1)(e) of this section and is  117
considered a transaction of public funds to the benefit of a  118
political action committee in violation of division (D) of this  119
section.  120
       (3) Divisions (F)(1) and (2) of this section do not apply  121
to the official web site of a state agency, political  122
subdivision, or public official, so long as the web site refers  123
to the clearly identified candidate or to the levy or bond issue  124
before the thirtieth day before the day of the election.  125
       (G) Nothing in this section prohibits or restricts any  126
political subdivision from sponsoring, participating in, or  127
doing any of the following:  128
       (1) Charitable or public service advertising that is not  129
commercial in nature;  130
       (2) Advertising of exhibitions, performances, programs,  131
products, or services that are provided by employees of a  132
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As Introduced
political subdivision or are provided at or through premises  133
owned or operated by a political subdivision;  134
        (3) Licensing an interest in a name or mark that is owned  135
or controlled by the political subdivision.  136
        (G) (H) Whoever violates division (D) of this section  137
shall be punished as provided in section 3599.40 of the Revised  138
Code.  139
        Section 2. That existing section 9.03 of the Revised Code  140
is hereby repealed.  141