Elections Guidelines

With election season in full swing, all CFBISD employees must be aware of election laws related to political electioneering and political advertisement. Please review the following guidelines. 

Elections Guidelines
Although District employees do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate, neither an employee nor anyone else has an absolute constitutional right to use all or parts of a school building or its immediate surrounding areas for unlimited expressive purposes. [See Board Policy DG (Legal)]. There are legal restrictions regarding political advertising and electioneering on District property or using District resources.

Prohibition Against Use of District Funds and/or Resources:

Political advertising is a communication that supports or opposes a candidate or a measure, and can in many different forms, such as a billboard, flier, pamphlet, newsletter, newspaper, poster, television or radio ad, or a communication that appears on a website. "Political advertising" does not include an individual communication made by email or text message but does include mass emails and text messages involving an expenditure of funds beyond the basic cost of hardware, messaging software, and bandwidth.

An officer or employee of the district may not knowingly spend or authorize the spending of public funds for the purpose of political advertising. [See BBBD (Legal)].

An officer or employee of the District shall not knowingly use or authorize the use of an internal mail system for the distribution of political advertising, unless the political advertising is delivered to the premises of the District through the United States Postal Service. Tex. Election Code § 255.0031 [See CPAB (Legal) and BBBD (Legal)]

Texas Education Code Sec. 11.169 prohibits a school board from using state or legal funds or other district resources to electioneer for or against any candidate, measure, or political party.

Individuals who violate election laws against political advertising could face fines or criminal penalties. The Texas Ethics Commission has authority to initiate civil enforcement actions in response to a sworn complaint, hold enforcement hearings, issue orders, impose civil penalties, and refer matters for criminal prosecution.

Examples of Prohibited use of District facilities/resources, examples:

An employee of the District shall not:

  • Use District-owned supplies, technology, and equipment, such as copy machines, computers, fax machines, office supplies, and phones to send out political information advocating for or against any candidate or ballot measure;
  • Post, place, or distribute political advertisements in a District classroom, workroom, lounge, newsletter, or other school setting;
  • Use District e-mail to send mass e-mails to advocate for or against any candidate or measure;
  • Use District and internal staff mailboxes to distribute any political advertisement;
  • Display bumper stickers or signs containing political advertisements on any school district owned vehicle including cars, trucks, buses, tractors, etc.;
  • Tweet, retweet, post, and/or email from District email accounts and District social media accounts any messages that contain political advertising/electioneering, nor link to any website that does so;
  • Wear clothing, badges, buttons, or symbols that advocate for or against a measure, candidate or political party during work hours or while on-duty as a CFBISD employee;
  • Use classrooms, meeting rooms, cafeterias or other District facilities to advocate support for or against a measure, candidate or political party;
  • Create or distribute a political advertisement using District resources and/or during work time;
  • Have students work on political advertising during school time.

 Restrictions on Electioneering near Polling Places:

  • Electioneering or loitering during the voting period and within 100 feet of any outside door through which a voter enters the polling place is prohibited. Texas Election Code § 61.003(a)
    • Voting period means the period beginning when the polls open for voting and ending when the polls close or the last voter has voted, whichever is later.
    • Ban on Political Attire: a person cannot wear a badge, insignia, emblem, or other similar communicative device related to a candidate, measure, or political party appearing on a ballot, or to the conduct of the election, in the polling place or within 100 feet of any outside door through which a voter enters the polling place. Election Code § 61.010
    • Individuals are prohibited from using a sound amplification device or a vehicle with a loudspeaker for the purpose of making a political speech or electioneering for or against any candidate or measure within 1,000 feet of a building in which a polling place is located during the voting period.
  • An offense under Section 61.003 or Section 61.010 is a Class C misdemeanor.

Campaign signage used for electioneering purposes outside a polling place must comply with all applicable state and local laws.

 Examples of Permissible Actions: 

The following may be permissible:

  • Get out the vote campaigns so long as no public funds or resources are used to electioneer or for political advertising;
  • Announcements, including newsletters and social media, to share factual information about District elections, voter registration, polling sites, and dates and hours of voting;
  • Engagement in political activities on employees’ off time (personal time) and without use of District funds, equipment, or other resources;
  • Use of District facilities for political forums attended by multiple candidates. Sponsorship of the forum will need to be by an external organization as District resources may not be used and all applicable District policies must be followed;
  • Oral conversations regarding the election during employee break times, if it does not disrupt the school day.