Constituent texting is one of the best things an elected official can do. Doing it wrong is one of the fastest ways to create an ethics complaint. The rules aren't hard, but they're not optional, and they're different from the rules that govern a campaign. Here's the map. None of this is legal advice, verify your specifics with counsel and your ethics office.
The line that matters most: official vs. campaign
The single rule under everything: official communication and campaign communication must stay separate. Do not use public resources, your official budget, staff time, or an official list, to campaign. And do not use campaign money or a campaign list to conduct official business. Mixing them is misuse of public resources on one side and a reporting problem on the other.
In practice that means two clean programs: an official constituent list, run and funded as official business, and a campaign list, run and funded by the campaign. Same person, same district, two separate lists, never cross-pollinated. A platform that keeps those cleanly apart is doing you a real favor here.
Public records and retention
In many jurisdictions, communications about official business are public records, subject to open-records and retention laws, and texts are not exempt just because they're on a phone. Constituent-service threads, legislative updates, and official surveys can all be records you're required to keep and, on request, produce. Build your program assuming the messages are discoverable, and retain them accordingly.
TCPA still applies
Being a government official doesn't suspend the TCPA. Autodialed or mass texts to cell phones still need consent, and STOP still has to be honored. Emergency communications have some room, but the safe standard is the same as everywhere else: text people who opted in, and honor opt-outs.
Election-window limits
Some jurisdictions restrict officeholder mass communications, sometimes called franking or blackout rules, in the weeks or months before an election, on the theory that taxpayer-funded outreach shouldn't double as campaign advantage on the public's dime. The window and the rule vary widely. Know yours, and when in doubt, go quiet on the official channel near the election and let the campaign channel do campaign work.
The through-line
Two lists, cleanly separated. Consent and STOP, always. Records retained. Election windows respected. Get those four right and constituent texting is not a risk, it's exactly the responsive, accountable governing the job is supposed to be.
Frequently asked questions
Can an elected official use their campaign text list to govern?
No. Official and campaign communications must stay separate. Use an official list for official business and a campaign list for campaign activity, never cross the two, or you risk misuse-of-resources and reporting problems.
Are an official's constituent texts public records?
Often, yes. In many jurisdictions, communications about official business are subject to open-records and retention laws regardless of the device. Assume official texts are discoverable and retain them.
Does the TCPA apply to a government official's texts?
Yes. Autodialed and mass texts to cell phones still require consent and must honor STOP. Being an officeholder doesn't create an exemption.
Part of a series on constituent texting for elected officials. Informational, not legal advice, consult counsel and your ethics office.
Keep reading: Building a constituent list that isn't your campaign list and texting isn't just for campaign season.