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:
Terms Used In Utah Code 20A-11-1203
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: 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
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
make an expenditure from public funds for political purposes, to influence a ballot proposition, or to influence a proposed initiative or proposed referendum; or
(b)
publish on the public entity’s website an argument for or against a ballot proposition, a proposed initiative, or a proposed referendum.
(2)
A violation of this section does not invalidate an otherwise valid election.
(3)
This section does not prohibit the reasonable expenditure of public funds to gather information for, and respond directly to, an individual who makes an inquiry regarding a ballot proposition, a proposed initiative, or a proposed referendum.
(4)
This section does not prohibit:
(a)
a public entity from conducting research, or collecting and compiling information or arguments in relation to, a ballot proposition, a proposed initiative, or a proposed referendum;
(b)
an elected or appointed official of the public entity described in Subsection (4)(a) from using the research, information, or arguments described in Subsection (4)(a) for the purpose of advocating for or against a ballot proposition, proposed initiative, or proposed referendum via a website, or another medium, not owned or controlled by the public entity;
(c)
a public entity from posting on the public entity’s website a link to another website, with a brief description, that is not owned or controlled by a public entity, or from publishing in any medium owned, controlled, or paid for by a public entity a website address, with a brief description, where an individual may view research, information, and arguments for or against a ballot proposition, proposed initiative, or proposed referendum if the public entity:
(i)
before posting the link or publishing the address, provides at least seven days written notice to the sponsors of the ballot proposition, proposed initiative, or proposed referendum:
(A)
of the public entity’s intent to post the link or publish the address;
(B)
a description of each medium in which the public entity intends to post the link or publish the address; and
(C)
the dates of the publication or posting; and
(ii)
posts, immediately adjacent to the link or address, and brief description described in Subsection (4)(c)(i), a link to, or an address for, a website, with a brief description, containing the sponsors’ research, information, and arguments for or against the ballot proposition, proposed initiative, or proposed referendum, if the sponsors provide a link or address within seven days after the day on which the sponsors receive the notice described in Subsection (4)(c)(i); or
(d)
a public entity from posting on the public entity’s website, or any medium, a complete copy of a proposition information pamphlet described in Section 20A-7-401.5 or a voter information pamphlet.
