Utah Code 20A-11-901. Political advertisements — Requirement that ads designate responsibility and authorization — Report to lieutenant governor — Unauthorized use of endorsements
20A-11-901. Political advertisements — Requirement that ads designate responsibility and authorization — Report to lieutenant governor — Unauthorized use of endorsements.
(1)
Terms Used In Utah Code 20A-11-901
Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
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
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
special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
Electioneering communication: means a communication that:
(a)
has at least a value of $10,000;
(b)
clearly identifies a candidate or judge; and
(c)
is disseminated through the Internet, newspaper, magazine, outdoor advertising facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly identified candidate's or judge's election date. See Utah Code 20A-11-101
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
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
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
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
Reporting entity: means a candidate, a candidate's personal campaign committee, a judge, a judge's personal campaign committee, an officeholder, a party committee, a political action committee, a political issues committee, a corporation, or a labor organization, as defined in Section 20A-11-1501. 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
Whenever any person makes an expenditure for the purpose of financing an advertisement expressly advocating for the election or defeat of a clearly identified candidate, or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, the advertisement:
(i)
if paid for and authorized by a candidate or the candidate’s campaign committee, shall clearly state that the advertisement has been paid for by the candidate or the campaign committee;
(ii)
if paid for by another person but authorized by a candidate or the candidate’s campaign committee, shall clearly state who paid for the advertisement and that the candidate or the campaign committee authorized the advertisement; or
(iii)
if not authorized by a candidate or a candidate’s campaign committee, shall clearly state the name of the person who paid for the advertisement and state that the advertisement is not authorized by any candidate or candidate’s committee.
(2)
(a)
A person that makes an expenditure for the purpose of financing an advertisement related to a ballot proposition shall ensure that the advertisement complies with Subsection (2)(b) if the advertisement expressly advocates:
(i)
for placing a ballot proposition on the ballot;
(ii)
for keeping a ballot proposition off the ballot;
(iii)
that a voter refrain from voting on a ballot proposition; or
(iv)
that a voter vote for or against a ballot proposition.
(b)
An advertisement described in Subsection (2)(a) shall:
(i)
if paid for by a political issues committee, clearly state that the advertisement was paid for by the political issues committee;
(ii)
if paid for by another person but authorized by a political issues committee, clearly state who paid for the advertisement and that the political issues committee authorized the advertisement; or
(iii)
if not authorized by a political issues committee, clearly state the name of the person who paid for the advertisement and state that the advertisement is not authorized by any political issues committee.
(3)
The requirements of Subsections (1) and (2) do not apply to:
(a)
lawn signs with dimensions of four by eight feet or smaller;
(b)
bumper stickers;
(c)
campaign pins, buttons, and pens; or
(d)
similar small items upon which the disclaimer cannot be conveniently printed.
(4)
(a)
A person who is not a reporting entity and pays for an electioneering communication shall file a report with the lieutenant governor within 24 hours of making the payment or entering into a contract to make the payment.
(b)
The report shall include:
(i)
the name and address of the person described in Subsection (4)(a);
(ii)
the name and address of each person contributing at least $100 to the person described in Subsection (4)(a) for the purpose of disseminating the electioneering communication;
(iii)
the amount spent on the electioneering communication;
(iv)
the name of the identified referenced candidate; and
(v)
the medium used to disseminate the electioneering communication.
(5)
A person may not, in order to promote the success of any candidate for nomination or election to any public office, or in connection with any question submitted to the voters, include or cause to be included the name of any person as endorser or supporter in any political advertisement, circular, poster, or publication without the express consent of that person.
(6)
(a)
It is unlawful for a person to pay the owner, editor, publisher, or agent of any newspaper or other periodical to induce the owner, editor, publisher, or agent to advocate or oppose editorially any candidate for nomination or election.
(b)
It is unlawful for any owner, editor, publisher, or agent to accept any payment to advocate or oppose editorially any candidate for nomination or election.
