Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Ballot proposition: means constitutional amendments, initiatives, referenda, judicial retention questions, opinion questions, bond approvals, or other questions submitted to the voters for their approval or rejection. See Utah Code 20A-11-1202
Candidate: means any person who:
(a)
files a declaration of candidacy for a public office; or
(b)
receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Commercial interlocal cooperation agency: means an interlocal cooperation agency that receives its revenues from conduct of its commercial operations. See Utah Code 20A-11-1202
Contract: A legal written agreement that becomes binding when signed.
Contribution: means any of the following when done for political purposes:
(i)
a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;
(ii)
an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;
(iii)
any transfer of funds from another reporting entity to the filing entity;
(iv)
compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
(v)
remuneration from:
(A)
any organization or its directly affiliated organization that has a registered lobbyist; or
(B)
any agency or subdivision of the state, including school districts;
(vi)
a loan made by a candidate deposited to the candidate's own campaign; and
Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
Election: means each:
(a)
regular general election;
(b)
regular primary election; and
(c)
special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
Expenditure: means :
(a)
a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
(b)
an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
(c)
a transfer of funds between a public entity and a candidate's personal campaign committee;
(d)
a transfer of funds between a public entity and a political issues committee; or
(e)
goods or services provided to or for the benefit of a candidate, a candidate's personal campaign committee, or a political issues committee for political purposes at less than fair market value. See Utah Code 20A-11-1202
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governmental interlocal cooperation agency: means an interlocal cooperation agency that receives some or all of its revenues from:
(a)
government appropriations;
(b)
taxes;
(c)
government fees imposed for regulatory or revenue raising purposes; or
(d)
interest earned on public funds or other returns on investment of public funds. See Utah Code 20A-11-1202
Influence: means to campaign or advocate for or against a ballot proposition. See Utah Code 20A-11-1202
Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a special district election, and a bond election. See Utah Code 20A-1-102
Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
Personal campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
Political issues committee: means an entity, or any group of individuals or entities within or outside this state, a major purpose of which is to:
(i)
solicit or receive donations from any other person, group, or entity to assist in placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
(ii)
make expenditures to expressly advocate for any person to sign or refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any proposed ballot proposition or an incorporation in an incorporation election; or
(iii)
make expenditures to assist in qualifying or placing a ballot proposition on the ballot or to assist in keeping a ballot proposition off the ballot. See Utah Code 20A-11-101
Political purposes: means an act done with the intent or in a way to influence or intend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:
(a)
candidate for public office at any caucus, political convention, primary, or election; or
Public entity: includes the state, each state agency, each county, municipality, school district, special district, governmental interlocal cooperation agency, and each administrative subunit of each of them. See Utah Code 20A-11-1202
Public funds: means any money received by a public entity from appropriations, taxes, fees, interest, or other returns on investment. See Utah Code 20A-11-1202
Public office: means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State agency: includes the legislative branch, the Utah Board of Higher Education, each institution of higher education board of trustees, and each higher education institution. See Utah Code 20A-11-1202
(a)
a county clerk, if the email relates only to a local election; or
(b)
the lieutenant governor, if the email relates to an election other than a local election.
(2)
“Ballot proposition” means constitutional amendments, initiatives, referenda, judicial retention questions, opinion questions, bond approvals, or other questions submitted to the voters for their approval or rejection.
(3)
“Campaign contribution” means any of the following when done for a political purpose or to advocate for or against a ballot proposition:
(a)
a gift, subscription, donation, loan, advance, deposit of money, or anything of value given to a filing entity;
(b)
an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything of value to a filing entity;
(c)
any transfer of funds from another reporting entity to a filing entity;
(d)
compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
(e)
remuneration from:
(i)
any organization or the organization’s directly affiliated organization that has a registered lobbyist; or
(ii)
any agency or subdivision of the state, including a school district; or
(f)
an in-kind contribution.
(4)
(a)
“Commercial interlocal cooperation agency” means an interlocal cooperation agency that receives its revenues from conduct of its commercial operations.
(b)
“Commercial interlocal cooperation agency” does not mean an interlocal cooperation agency that receives some or all of its revenues from:
(i)
government appropriations;
(ii)
taxes;
(iii)
government fees imposed for regulatory or revenue raising purposes; or
(iv)
interest earned on public funds or other returns on investment of public funds.
(5)
“Expenditure” means:
(a)
a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
(b)
an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
(c)
a transfer of funds between a public entity and a candidate‘s personal campaign committee;
(d)
a transfer of funds between a public entity and a political issues committee; or
(e)
goods or services provided to or for the benefit of a candidate, a candidate’s personal campaign committee, or a political issues committee for political purposes at less than fair market value.
(6)
“Filing entity” means the same as that term is defined in Section 20A-11-101.
(7)
“Governmental interlocal cooperation agency” means an interlocal cooperation agency that receives some or all of its revenues from:
(a)
government appropriations;
(b)
taxes;
(c)
government fees imposed for regulatory or revenue raising purposes; or
(d)
interest earned on public funds or other returns on investment of public funds.
(8)
“Influence” means to campaign or advocate for or against a ballot proposition.
“Political purposes” means an act done with the intent or in a way to influence or intend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:
(a)
candidate for public office at any caucus, political convention, primary, or election; or
(b)
judge standing for retention at any election.
(11)
“Proposed initiative” means an initiative proposed in an application filed under Section 20A-7-202 or 20A-7-502.
(12)
“Proposed referendum” means a referendum proposed in an application filed under Section 20A-7-302 or 20A-7-602.
(13)
(a)
“Public entity” includes the state, each state agency, each county, municipality, school district, special district, governmental interlocal cooperation agency, and each administrative subunit of each of them.
(b)
“Public entity” does not include a commercial interlocal cooperation agency.
“State agency” means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
(b)
“State agency” includes the legislative branch, the Utah Board of Higher Education, each institution of higher education board of trustees, and each higher education institution.
Amended by Chapter 15, 2023 General Session Amended by Chapter 327, 2023 General Session
