School board members and superintendents in New Hampshire can publicly support or oppose the school tax cap question on the Nov. 3 ballot. They cannot use school email lists, messaging apps or district equipment to spread that message.

That is the core of electioneering guidance issued Oct. 22 by Attorney General John M. Formella and the Attorney General's Election Law Unit. The guidance applies statewide, including to school officials in Claremont, Newport and Sunapee, as voters prepare to consider the school tax cap question.

Who can speak, and how

Under New Hampshire RSA 659:44-a, public employees generally are prohibited from electioneering. But the statute's definition of a public employee excludes people elected by popular vote and certain appointed officials, the Attorney General's Office explained.

That means elected school board members, acting individually or collectively, and superintendents appointed by elected school boards may publicly support or oppose ballot questions.

The restriction concerns public resources. According to the Attorney General's Office, school officials cannot use publicly funded tools to distribute their positions. Prohibited actions include directing public employees to distribute advocacy materials, using school email or parent-messaging systems, and using school equipment to create or distribute campaign materials.

Violations could result in misdemeanor charges or a $1,000 civil penalty under RSA 659:44-a, IV, the guidance states.

Complaints prompted the guidance

The Attorney General's Office said it had received complaints and questions about advertisements supporting positions on the school tax cap ballot question.

The guidance addresses two issues: which officials may publicly advocate for or against the proposal, and whether they may use public resources to communicate those positions.

The announcement did not identify any specific school district as responsible for unlawful electioneering.

The office said it would continue investigating complaints submitted to its Election Law Unit.

What Question 2 would do

The guidance comes as New Hampshire voters prepare to consider the school tax cap measure established by HB 1300, which became law earlier in 2026.

Under RSA 32:5-i, established by HB 1300, the proposal would limit growth in the local school property tax levy to the previous year's amount, adjusted for inflation and qualifying new construction. Bonded capital costs would be excluded.

The measure would also limit school administrative unit central office spending to 6% of total school district appropriations, subject to the law's provisions and exceptions.

Approval requires a three-fifths majority of votes cast on the question. If adopted, the limits would apply for a two-year period.

The New Hampshire Secretary of State provides the legislation and supporting materials for voters seeking more information about the proposal.

For school board members and superintendents, the Attorney General's guidance makes one distinction clear: officials who are legally permitted to express a position on the question must not use publicly funded school resources to distribute that advocacy.

Anyone who believes unlawful electioneering has occurred may file a complaint with the Attorney General's Election Law Unit.