Electioneering Guidance for School Districts for the November 3, 2026 General Election

Concord, NH - Attorney General John M. Formella and the Attorney General's Election Law Unit issues the following guidance regarding political advertising for or against the ballot question on a school funding tax cap, which is required by House Bill 1300.

The Attorney General's Office has received complaints and questions about advertisements that support a position on the school funding tax cap ballot question. These complaints generally raise two questions: (1) who is permitted to take public positions, or electioneer, on the issue in the form of advertisements and (2) whether those individuals may use public resources to share their position with the public. The Office issues this guidance to educate interested parties and the public on what conduct may or may not constitute unlawful electioneering.

An elected school board, an individual member of an elected school board, or a superintendent appointed by the elected school board may take public positions for or against the ballot question.

New Hampshire RSA 659:44-a prohibits electioneering by "public employees." The definition of "public employee" excludes the following: (a) persons elected by popular vote and (b) persons appointed to office by the chief executive or legislative body of the public employer. This means that elected school board members, individually or collectively, may publicly support or oppose ballot questions. Likewise, a superintendent of a school district who was appointed by the elected school board may also publicly support or oppose ballot questions.

Public resources cannot be used by public officials, such as school board members or superintendents, to disseminate their position on the ballot question.

Although these elected or appointed individuals are allowed to electioneer, they cannot utilize publicly funded resources for electioneering. See RSA 652:16-h. In general, school board members are prohibited from: using public employees to assist in disseminating or posting materials; using school mail or email lists, such as a school-to-parent email list or direct or text messaging system, including cell phone applications or portals; or using school equipment to create or distribute fliers, mailers, and posts.

Violations of this law could constitute a misdemeanor or a $1,000 civil penalty. RSA 659:44-a, IV.

This guidance may not answer every question on issues of electioneering and the Attorney General's Office will continue to investigate and respond to complaints made to the Election Law Unit. If any person believes that unlawful electioneering has occurred, they may file a complaint with the Attorney General's Election Law Unit.