HB125 Alabama 2022 Session

Summary

Primary Sponsor

Andrew SorrellAuditor

Republican

Session

Regular Session 2022

Title

Colleges and universities, local boards of education, schools prohibited from using public funds to advocate for or against ballot measures

Summary

HB125 would bar public officials and public employees in Alabama from using public funds to advocate for or against ballot measures, with limited exceptions.

What This Bill Does

The bill prohibits spending any public funds from any source to advocate for or against statewide or local ballot measures. It defines who is affected and what counts as public funds, lists specific prohibited activities (like distributing political literature or placing political signs on government property to sway ballot outcomes), and sets a Class A misdemeanor penalty for violations. It also allows certain non-advocacy information, private citizen advocacy outside official duties, and campus discussions, and notes that the constitutional exception framework may apply without triggering extra local approval requirements.

Who It Affects

• Public officials and public employees in Alabama (covered by the prohibition and subject to misdemeanor penalties for violations).
• Governmental bodies and public institutions (state agencies, local governments, public colleges/universities, and schools under local boards of education) when using public funds for advocacy about ballot measures.
• Private citizens and on-campus discussions (allowed to advocate as private individuals or discuss political topics on campus, provided they are not acting in an official capacity or violating other laws).

Key Provisions

• Section (b)(1): Prohibits public officials or public employees from expending public funds from any source to advocate in favor of or against statewide or local ballot measures.
• Section (b)(2): Prohibits activities enumerated in Section 17-17-5 (e.g., distributing political literature, placing signs on government property) if their purpose is to advocate for or against a ballot measure.
• Section (c): Providing objective analysis or factual information about a ballot measure that does not advocate a position is not prohibited.
• Section (d): Violations are punishable as a Class A misdemeanor.
• Section (e): Allows contributions or dues to a trade association if the public employee is a member.
• Section (f) and (g): Protects campus discussion and private citizen advocacy outside official duties, with conditions referenced in the statute.
• Section (2): The bill is treated as excluded from certain Amendment 621 requirements because it defines a new crime or amends an existing crime.
• Section (3): The act becomes effective on the first day of the third month after a governor's approval or after it becomes law.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Education