New Campaign Finance Rules for Chartered Municipalities and Chartered Counties

The Latest on Campaign Guidance

The State Budget Bill for the 2026-27 biennium (“H.B. 96”) expanded campaign finance rules regarding the use of public funds to apply to chartered municipalities and chartered counties as of September 30, 2025. Other than expanding the applicability, House Bill 96 did not make any other changes to Ohio Revised Code Section 9.03 (“Section 9.03”).

Section 9.03 prohibits political subdivisions from using public funds to support or oppose the passage of a levy or bond issue, and there is no minimum dollar threshold. Therefore, even a de minimus cost could constitute a violation. These prohibitions effect communication, resources and actions of public employees and elected officials and outside firms.  Auditor of State released guidance in August 2023 related to Section 9.03 compliance.

Communications

While political subdivisions can share factual information regarding a ballot issue through newsletters, social media and during in-person meetings, it must be neutral and verifiable and not persuasive in any way. This information should rely on financial reports, facilities studies and approved legislation. It cannot mention or publicize levy committee events. Political subdivisions also need to use caution when using surveys to gather input from their communities. Surveys or community meetings can be used to gauge interest in a project but not a ballot issue.

Resources

Resources of a political subdivision, including buildings, technology (e.g. computers, software, phones and email) generally cannot be used for campaign activities. Public entity email can be used to engage in ordinary business, such as responding to public records requests regarding a ballot issue, but not to send materials that advocate for or against a ballot issue or to communicate about the ballot issue with members of a levy committee. Finally, campaign materials such as signs and literature must not be stored on the property of the political subdivision. If a pro-levy committee follows building-use guidelines to reserve meeting space, similar requests from anti-levy groups must be approved.

Public Employees and Elected Officials

Public employees and elected officials can attend meetings to share neutral and verifiable facts regarding current finances but cannot advocate for or against a ballot issue while being paid by a political subdivision.  While Section 9.03 does not prohibit any employees and officials from using their own time to support or oppose a levy or bond issue, they need to make sure that they are not engaging in levy advocacy during business hours, at a public meeting that they are attending in an official capacity, on political subdivision property, via political subdivision email or when being introduced as a public official. For council members who are compensated only when attending council meetings in their official capacity, they can advocate for a ballot issue outside of those meeting times.

Public employees and officials should also be aware of the appearances they create. For that reason, they should refrain from wearing levy-related buttons and shirts or having levy promotional materials on public property or at events of the political subdivision. Public employees should not wear their uniforms to solicit donations or campaign for a ballot issue, even outside of work hours, as it creates the perception that they are acting in their role as public employees. Again, public employees and officials should let the campaign committee do the promotional work and limit their personal efforts to those periods they are formally on their own time.

Outside Firms

Ohio Revised Code Section 9.03 also restricts the conduct of outside firms hired by the political subdivisions, such as communications firms, design firms and survey research firms because public funds are used to pay these contracts. Such firms may have a separate engagement with the campaign committee for campaign support, but those vendors must be careful not to blur the lines between political subdivision work and campaign committee work. Planning can and should evaluate ballot issue options, costs and related tax burdens, but that should occur factually, not with an eye toward gauging support of a ballot issue in terms of cost or type.

This article is not intended to provide legal advice. Individuals should consult with legal counsel regarding specific questions and circumstances.