Use of public funds to support or oppose ballot measure — Definitions

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  5. Use of public funds to support or oppose ballot measure — Definitions

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  1. (a) As used in this section:

    1. (1) “Governmental body” means the same as defined in § 21-8-402;

    2. (2) “Public funds” means funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through a governmental body; and

    3. (3)

      1. (A) Except as provided in subdivision (a)(3)(B) of this section, “public servant” means an individual who is:

        1. (i) Employed by a governmental body;

        2. (ii) Appointed to serve a governmental body; or

        3. (iii) Appointed to a governmental body.

      2. (B) “Public servant” does not include:

        1. (i) An elected official; or

        2. (ii) A person appointed to an elective office.

  2. (b) It is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure.

  3. (c) This section does not:

    1. (1) Limit the freedom of speech of a public servant or government body, including without limitation verbal expressions of views supporting or opposing a ballot measure;

    2. (2) Prohibit a governmental body from expressing an opinion on a ballot measure through the passage of a resolution or proclamation;

    3. (3) Prohibit the incidental use of state resources by a public servant, including without limitation travel costs, when speaking at an event in which a ballot measure is discussed if the subject matter of the speaking engagement is within the scope of the official duties and responsibilities of the public servant; or

    4. (4) Prohibit the dissemination of public information at a speaking engagement and the incidental use of state resources in the analysis and preparation of that public information if the subject matter of the public information is within the scope of the official duties and responsibilities of the public servant.

  4. (d)

    1. (1) Except as provided under subdivision (d)(2) of this section, a violation of this section is a Class A misdemeanor.

    2. (2)

      1. (A) A public servant who is found guilty or pleads guilty or nolo contendere to a violation under this section is ineligible to hold any office, employment, or appointment in a governmental body.

      2. (B) If a public servant is found guilty or pleads guilty or nolo contendere to a violation under this section while employed by a governmental body, he or she shall be removed from employment immediately.


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