A labor organization wishing to make expenditures for political purposes shall establish a political fund.
Terms Used In Utah Code 20A-11-1404
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
labor organization: includes each employee association and union for employees of public and private sector employers. See Utah Code 20A-11-1402
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 fund: means a separate segregated fund established by a labor organization for political purposes that meets the requirements of this part. See Utah Code 20A-11-1402
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 purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election. See Utah Code 20A-11-1402
Union dues: means dues, fees, money, or other assessments required as a condition of membership or participation in a labor organization. See Utah Code 20A-11-1402
(2)
Each labor organization that establishes a political fund shall:
(a)
maintain the political fund as a separate, segregated account apart from any account containing money received by a labor organization as union dues;
(b)
ensure that each contribution to the political fund is voluntary; and
(c)
register the political fund as a political action committee or political issues committee as required by this chapter.
(3)
(a)
Except as otherwise provided in this part, a labor organization may only make expenditures for political purposes from a political fund established in accordance with this part.
(b)
A labor organization may not expend union dues for political purposes or transfer union dues to a political fund.
(4)
Nothing in this part precludes a labor organization from making expenditures of union dues to communicate directly with its own members about political candidates or political issues.
(5)
Nothing in this part precludes a labor organization from making expenditures of union dues either for the establishment and administration of a political fund or to solicit contributions from its members to a political fund.
(6)
Nothing in this part is intended to, or may be construed to, preempt any requirement of federal law.
