20A-11-1203.  Public entity prohibited from expending public funds on certain electoral matters.

(1)  Unless specifically required by law, and except as provided in Section 20A-11-1206, a public entity may not make an expenditure from public funds for political purposes or to influence a ballot proposition.

Terms Used In Utah Code 20A-11-1203

  • Ballot: includes ballot sheets, paper ballots, electronic ballots, and secrecy envelopes. 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
  • 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
  • Influence: means to campaign or advocate for or against a ballot proposition. See Utah Code 20A-11-1202
  • 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. See Utah Code 20A-11-1202
  • Public entity: includes the state, each state agency, each county, municipality, school district, local 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
  • (2)  A violation of this section does not invalidate an otherwise valid election.

    Amended by Chapter 435, 2015 General Session

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