20A-11-1702.  Definitions.
     As used in this part:

(1)  “Clearly identified” means:

Terms Used In Utah Code 20A-11-1702

  • 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: includes initiatives, referenda, proposed constitutional amendments, and any other ballot propositions submitted to the voters that are authorized by the Utah Code Annotated 1953. See Utah Code 20A-11-101
  • 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
  • Clearly identified: means :
    (a) the name of the candidate appears;
    (b) a photograph or drawing of the candidate appears; or
    (c) the identity of the candidate or ballot proposition is apparent by unambiguous reference. See Utah Code 20A-11-1702
  • Contract: A legal written agreement that becomes binding when signed.
  • Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
    (i) any disbursement from contributions, receipts, or from the separate bank account required by this chapter;
    (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
    (iii) 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 for political purposes;
    (iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;
    (v) a transfer of funds between the filing entity and a candidate's personal campaign committee;
    (vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value; or
    (vii) an independent expenditure, as defined in Section 20A-11-1702. See Utah Code 20A-11-101
  • 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 action committee: includes groups affiliated with a registered political party but not authorized or organized by the governing board of the registered political party that receive contributions or makes expenditures for political purposes. 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 party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • Public communication: means a communication by:
    (i) broadcast, cable, satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank; or
    (ii) another medium used for political advertising to the general public. See Utah Code 20A-11-1702
  • Telephone bank: means 500 or more identical or substantially similar telephone calls within any 30-day period. See Utah Code 20A-11-1702
  • (a)  the name of the candidate appears;

    (b)  a photograph or drawing of the candidate appears; or

    (c)  the identity of the candidate or ballot proposition is apparent by unambiguous reference.
  • (2) 

    (a)  “Independent expenditure” means an expenditure by a person expressly advocating the success or defeat of a clearly identified candidate or ballot proposition if the expenditure is not made in coordination with, or at the request or suggestion of:

    (i)  a candidate;

    (ii)  a candidate’s personal campaign committee;

    (iii)  a member of a candidate’s personal campaign committee;

    (iv)  a political action committee for which the candidate is an officer with primary decision making authority;

    (v)  an agent of a candidate; or

    (vi)  a political issues committee.

    (b)  “Independent expenditure” includes:

    (i)  the cost of creating and disseminating material for a public communication, including design and production costs; and

    (ii)  a contract or other promise to make an expenditure described in Subsection (2)(a) or (2)(b)(i).

    (3) 

    (a)  “Public communication” means a communication by:

    (i)  broadcast, cable, satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank; or

    (ii)  another medium used for political advertising to the general public.

    (b)  “Public communication” does not include:

    (i)  a news story, a commentary, or an editorial disseminated by a broadcasting station, including a cable television operator, programmer, or producer, satellite television or radio provider, website, newspaper, magazine, or other periodical publication, that is not controlled by a candidate or political party; or

    (ii)  a candidate debate or forum.

    (4)  “Telephone bank” means 500 or more identical or substantially similar telephone calls within any 30-day period.

    Enacted by Chapter 60, 2014 General Session