Board debates whether 'posting' in statute allows newsletter content

Sep 8, 2026

Board members and staff debated Advisory Opinion 261 over whether the statute’s allowance to 'post' six categories on official legislative websites or social media also permits inclusion of the same material in member newsletters, with staff urging a 'tangible legislative nexus' standard and others arguing the legislative safe harbors should apply across legitimate forums.

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The board spent the bulk of its public session discussing Advisory Opinion 261, which asks whether a statute the record cites as '1 75 2' — and that permits posting certain categories of information on official legislative websites or social media — also allows members to include the same material in printed or emailed newsletters.

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