Nothing in this chapter prohibits a public official from speaking, campaigning, contributing personal money, or otherwise exercising the public official’s individual First Amendment rights for political purposes.
Terms Used In Utah Code 20A-11-1206
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
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
Elected official: means :
(a)
a person elected to an office under Section 20A-1-303 or 6;
(b)
a person who is considered to be elected to a municipal office in accordance with Subsection 20A-1-206(1)(c)(ii); or
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
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 official: includes the person or group that:
(i)
has supervisory authority over the personnel and affairs of a public entity; and
Subject to Subsection (2)(b), nothing in this chapter prohibits a public entity from providing factual information about a ballot proposition to the public, so long as the information grants equal access to both the opponents and proponents of the ballot proposition.
(b)
A county or municipality may not provide any information to the public about a proposed initiative, initiative, proposed referendum, or referendum unless the county or municipality:
(i)
provides the information in a manner required, or expressly permitted, by law; or
(ii)
is directly providing information solely to a person or a group of people in response to a question asked by the person or group of people.
(3)
Nothing in this chapter prohibits a public entity from the neutral encouragement of voters to vote.
(4)
Nothing in this chapter prohibits an elected official from campaigning or advocating for or against a ballot proposition.
(5)
Subject to Subsection (6), a county or municipality may expend a reasonable amount of public funds to:
(a)
prepare and publish a written argument or written rebuttal argument in accordance with Section 20A-7-401.5, 20A-7-402, or 59-1-1604; or
(b)
prepare an argument for, and present an argument at, a public meeting under Section 20A-7-405 or 59-1-1605.
(6)
A county or municipality may not:
(a)
publish an argument or rebuttal argument prepared under Section 20A-7-401.5 or 20A-7-402, unless, at the same time and in the same manner, the county or municipality publishes each opposing argument and rebuttal argument that:
(i)
relates to the same proposed initiative, initiative, proposed referendum, or referendum; and
publish an argument or rebuttal argument for or against a proposed initiative, initiative, proposed referendum, or referendum that was not prepared and submitted in accordance with Section 20A-7-401.5 or 20A-7-402; or
(c)
present an argument or rebuttal argument for or against a proposed initiative, initiative, proposed referendum, or referendum at a public meeting, unless the county or municipality provides equal opportunity for persons to present opposing arguments and rebuttal arguments at the public meeting.
