Tennessee § 2-19-207 - Political activity interfering with state business.

§ 2-19-207. Political activity interfering with state business.

It is unlawful for any person employed by the state to engage actively in a political campaign on behalf of any party, committee, organization, agency or political candidate, or to attend political meetings or rallies or to otherwise use such person's official position or employment to interfere with or affect the result of any regular or special primary election conducted within the state, or to perform political duties or functions of any kind not directly a part of such person's employment, during those hours of the day when such person is required by law or administrative regulation to be conducting the business of the state. Nothing in this section shall be construed to deprive any official or employee of the state from voting for the party or candidate of such person's choice or to deprive such person of the right to express such person's personal opinion concerning any political subject, party or candidate. Elected officials, state employees on leave or during those hours not required by law or administrative regulation to be conducting the business of the state, and persons duly qualified as candidates for public office are expressly excluded from this section. No rule or regulation which has been promulgated or shall be promulgated by any department, division, agency, or bureau of state government shall be more restrictive of the political activity of state employees on leave or during those hours not required by law or administrative regulation to be conducting the business of the state than those restrictions already set forth in this section. Subsections (a) and (b) shall not apply to teachers. It is unlawful for any teacher employed by an LEA during those hours of the day when the LEA requires the teacher to be performing school duties to: Engage actively in a political campaign on behalf of any party, committee, organization, or agency; Engage in a campaign for a candidate for partisan or nonpartisan public office elected by the people; Attend political meetings or rallies; Use the teacher's employment to interfere with or affect the result of any regular or special primary election conducted within the state; or Perform political campaign duties or functions. Nothing in this subsection (c) shall be construed to deprive a teacher from voting for the party or candidate of the teacher's choice or to deprive the teacher of the right to express the teacher's personal opinion concerning any political subject, party, or candidate. A teacher on leave or during those hours in which the teacher is not required to be performing school duties is not subject to the restrictions in subdivision (c)(2). No policy or rule of an LEA shall be more restrictive of the political activity of a teacher on leave or during those hours in which the teacher is not required to be performing school duties than those restrictions set forth in this subsection (c). Acts 1972, ch. 740, § 1; T.C.A., § 2-1942; Acts 1982, ch. 822, § 1; 2015, ch. 239, §§ 6, 7. Compiler's Notes. Section 49-1501, referred to in subsection (b)(2), was repealed by Acts 1972, ch. 814, § 18. Prior to its repeal § 49-1501 defined “teacher” as follows: “‘Teacher’ shall mean any person employed in a public school as a teacher, helping teacher, librarian, principal, or supervisor, and shall include any superintendent of public schools, or administrative officer of a department of education, or of any educational institution supported in whole or in part by and under the control of the state. In all cases of doubt, the board of trustees hereinafter defined shall determine whether any person is a teacher as defined in this chapter.” Amendments. The 2015 amendment substituted “and persons duly qualified as candidates for public office” for “persons duly qualified as candidates for public office and teachers, as defined by § 49-1501,” in (b)(2); and added (c). Effective Dates. Acts 2015, ch. 239, § 8. July 1, 2015. Cross-References. Noninstructional public school personnel eligible to run for public office, § 49-5-301 . Attorney General Opinions. Prohibitions on state employees running for public office, OAG 98-030 (1/29/98). A legislative staff member does not violate T.C.A. § 2-19-207 by responding to requests for information and assisting a legislator in disseminating information about a referendum, so long as the 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. § 2-19-207 , 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. § 2-19-207 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 T.C.A. § 2-19-207 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). The Tennessee Claims Commission is part of the executive branch of the government. A Tennessee claims commissioner is not a member of the judiciary and employees of the claims commission and claims commissioners are subject to T.C.A. § 2-19-207 . OAG 13-111, 2013 Tenn. AG LEXIS 114 (12/30/13).