Tennessee § 2-19-206 - Use of state-owned property for campaign advertising or activities.

§ 2-19-206. Use of state-owned property for campaign advertising or activities.

It is unlawful for any elected or appointed official of the state, or any employee of the state or any department, division or agency thereof, to display campaign literature, banners, placards, streamers, stickers, signs or other items of campaign or political advertising on behalf of any party, committee or agency or candidate for political office, on the premises of any building or land owned by the state, or to use any of the facilities of the state, including equipment and vehicles, for such purposes. It is unlawful to use public buildings or facilities for meetings or preparation of campaign activity in support of any particular candidate, party or measure unless reasonably equal opportunity is provided for presentation of all sides or views, or reasonably equal access to the buildings or facilities is provided all sides. This section shall not be construed to prohibit an employee from displaying a decal or bumper stickers on the employee's personal vehicle while parked on state property. Subsections (a), (b), and (c) shall not apply to teachers. It is unlawful for any teacher to display campaign literature, banners, placards, streamers, stickers, signs, or other items of campaign or political advertising on behalf of any party, committee or agency, or candidate for partisan or nonpartisan public office elected by the people, on the premises of any building or land owned by a local education agency (LEA), or to use any of the facilities of the LEA, including equipment and vehicles, for such purposes. This subdivision (d)(2) does not apply to the display of campaign banners, placards, streamers, stickers, signs, or other items of campaign or political advertising on LEA-owned property or the use of LEA equipment, when the display or use is a part of and solely for the purpose of the LEA's program of student education relative to the electoral process. Except for the use of LEA-owned equipment and vehicles, this subdivision (d)(2) does not apply to a teacher during hours in which the teacher is not performing school duties. This subsection (d) shall not be construed to prohibit any teacher from displaying a decal or bumper sticker on the teacher's personal vehicle while the vehicle is parked on LEA property. Acts 1972, ch. 740, § 1; T.C.A., § 2-1941; Acts 2008, ch. 650, § 1; 2015, ch. 239, § 5. Amendments. The 2015 amendment added (d). Effective Dates. Acts 2015, ch. 239, § 8. July 1, 2015. Attorney General Opinions. Prohibitions on state employees running for public office, OAG 98-030 (1/29/98). It would not violate T.C.A. § 2-19-206(b) for a state legislator to use his or her office for fundraising phone calls for a not-for profit entity formed to promote the lottery referendum on the 2002 ballot, OAG 02-114 (10/16/02). It would violate T.C.A. § 2-19-206(b) for a state legislator to use his or her office to disseminate information regarding the state lottery referendum for a not-for-profit entity formed to promote the lottery referendum on the 2002 ballot, OAG 02-114 (10/16/02). A legislative staff member does not violate T.C.A. § 2-19-206(b) by responding on behalf of the legislator to requests for information regarding a referendum or assisting the legislator in carrying out his or her duties informing the public about a referendum election, so long as this response or information does not directly advocate voting in favor of the referendum issue, OAG 02-114 (10/16/02). Distributing information, addressing specific issues, or responding to specific events that relate to an issue of public interest, even if it also serves the purpose of an independent organization, is not prohibited by T.C.A. § 2-19-206 , so long as the information or response does not directly advocate voting for or against a referendum issue, OAG 02-132 (12/12/02). Staff member could violate T.C.A. § 2-19-206 if the member performs support functions for a legislator such as preparing a mass mailing that directly advocates voting for or against a referendum issue, OAG 02-132 (12/12/02). Legislative staff member would violate this section by directly requesting contributions to an organization formed for the purpose of advocating popular approval of proposed amendments to the state constitution in a referendum either during regular business hours or in a state building, OAG 02-132 (12/12/02). State law does not prohibit elected state officials from using state property, including the Executive Residence, for campaign-related activities. Tennessee’s Campaign Financial Disclosure Act would require the disclosure of expenditures incurred for such campaign-related activities on state property if they constitute either a “contribution” or an “expenditure” as defined under the Act. To the extent that the Governor’s non-personal schedule, including events at the Executive Residence, meets the definition of “public record” as set forth in T.C.A. § 10-7503(a)(1)(A), then it is subject to disclosure under Tennessee’s Public Records Act, unless a state law provides otherwise. OAG 16-48, 2016 Tenn. AG LEXIS 47 (12/22/2016). Collateral References. Constitutionality, construction, and application of statute or regulatory action respecting political advertising — Print media cases. 51 A.L.R.6th 359. Constitutionality, construction, and application of statute or regulatory activity respecting political advertising nonprint media cases, or cases implicating both print and nonprint media. 53 A.L.R.6th 491.