02-18 16:02 1st Sub. (Buff) H.B. 292
Jordan D. Teuscher proposes the following substitute bill:
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Political Signs Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: Evan J. Vickers
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LONG TITLE
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General Description:
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This bill amends provisions related to political signs.
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Highlighted Provisions:
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This bill:
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▸ defines a term;
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▸ for a political advertisement that is required to disclose certain campaign finance
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information, reduces the size dimensions of a lawn sign that is exempt from the
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disclosure requirement;
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▸ prohibits a person from:
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● attaching a political sign to a utility pole, light pole, an electric utility box, or any road
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sign; or
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● affixing an object to a political sign to block, conceal, or misrepresent the message or
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image on a political sign;
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▸ creates a criminal offense for a person who engages in the conduct described above;
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▸ creates an exception to the criminal offense described above for a government employee
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who removes a political sign in accordance with the government employee's duties;
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▸ specifies that a person does not commit a criminal offense related to a political sign if the
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person:
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● removes an object described above;
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● removes a lawn sign described above; or
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● removes a political sign attached to a utility pole, light pole, an electric utility box, or
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road sign; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-11-901, as last amended by Laws of Utah 2022, Chapter 18
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20A-17-102, as enacted by Laws of Utah 2014, Chapter 238
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20A-17-103, as last amended by Laws of Utah 2023, Chapter 15
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-11-901 is amended to read:
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20A-11-901 . Political advertisements -- Requirement that ads designate
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responsibility and authorization -- Report to lieutenant governor -- Unauthorized use of
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endorsements.
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(1)[(a)] Whenever any person makes an expenditure for the purpose of financing an
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advertisement expressly advocating for the election or defeat of a clearly identified
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candidate, or solicits any contribution through any broadcasting station, newspaper,
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magazine, outdoor advertising facility, direct mailing, or any other type of general
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public political advertising, the advertisement:
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[(i)] (a) if paid for and authorized by a candidate or the candidate's campaign committee,
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shall clearly state that the advertisement has been paid for by the candidate or the
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campaign committee;
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[(ii)] (b) if paid for by another person but authorized by a candidate or the candidate's
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campaign committee, shall clearly state who paid for the advertisement and that the
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candidate or the campaign committee authorized the advertisement; or
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[(iii)] (c) if not authorized by a candidate or a candidate's campaign committee, shall
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clearly state the name of the person who paid for the advertisement and state that the
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advertisement is not authorized by any candidate or candidate's committee.
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(2)(a) A person that makes an expenditure for the purpose of financing an advertisement
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related to a ballot proposition shall ensure that the advertisement complies with
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Subsection (2)(b) if the advertisement expressly advocates:
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(i) for placing a ballot proposition on the ballot;
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(ii) for keeping a ballot proposition off the ballot;
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(iii) that a voter refrain from voting on a ballot proposition; or
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(iv) that a voter vote for or against a ballot proposition.
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(b) An advertisement described in Subsection (2)(a) shall:
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(i) if paid for by a political issues committee, clearly state that the advertisement was
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paid for by the political issues committee;
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(ii) if paid for by another person but authorized by a political issues committee,
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clearly state who paid for the advertisement and that the political issues committee
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authorized the advertisement; or
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(iii) if not authorized by a political issues committee, clearly state the name of the
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person who paid for the advertisement and state that the advertisement is not
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authorized by any political issues committee.
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(3) The requirements of Subsections (1) and (2) do not apply to:
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(a) lawn signs with dimensions of [four by eight feet] 24 by 18 inches or smaller;
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(b) bumper stickers;
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(c) campaign pins, buttons, and pens; or
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(d) similar small items upon which the disclaimer cannot be conveniently printed.
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(4)(a) A person who is not a reporting entity and pays for an electioneering
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communication shall file a report with the lieutenant governor within 24 hours of
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making the payment or entering into a contract to make the payment.
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(b) The report shall include:
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(i) the name and address of the person described in Subsection (4)(a);
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(ii) the name and address of each person contributing at least $100 to the person
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described in Subsection (4)(a) for the purpose of disseminating the electioneering
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communication;
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(iii) the amount spent on the electioneering communication;
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(iv) the name of the identified referenced candidate; and
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(v) the medium used to disseminate the electioneering communication.
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(5) A person may not, in order to promote the success of any candidate for nomination or
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election to any public office, or in connection with any question submitted to the voters,
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include or cause to be included the name of any person as endorser or supporter in any
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political advertisement, circular, poster, or publication without the express consent of
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that person.
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(6)(a) It is unlawful for a person to pay the owner, editor, publisher, or agent of any
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newspaper or other periodical to induce the owner, editor, publisher, or agent to
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advocate or oppose editorially any candidate for nomination or election.
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(b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
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advocate or oppose editorially any candidate for nomination or election.
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Section 2. Section 20A-17-102 is amended to read:
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20A-17-102 . Political signs.
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[(1) Except as provided in Subsection (2), a person is guilty of a class B misdemeanor if the
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person knowingly removes, alters, defaces, or otherwise vandalizes a sign:]
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[(a) advocating the election or defeat of a candidate for public office; or]
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[(b) advocating the approval or defeat of a ballot proposition.]
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(1) As used in this section, "political sign" means any sign or document that advocates:
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(a) the election or defeat of a candidate for public office; or
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(b) the approval or defeat of a ballot proposition.
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(2) Except as provided in Subsection (4), a person is guilty of a class B misdemeanor if the
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person knowingly:
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(a) removes, alters, defaces, or otherwise vandalizes a political sign; or
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(b) attaches or affixes any object to a political sign, including another political sign, and
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the object:
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(i) hides, blocks, obscures, or otherwise substantially conceals from view the
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message or image on the political sign; or
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(ii) changes or misrepresents the intent of the message on the political sign.
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(3) Except as provided in Subsection (4), a person is guilty of Ĥ→ [a class C misdemeanor]
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an infraction ←Ĥ if the
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person knowingly attaches or affixes a political sign to a utility pole, light pole, an
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electric utility box, or any road sign.
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[(2)] (4)(a) A person is not guilty of a violation of Subsection [(1)] (2) if the person who
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engages in the conduct described in Subsection [(1)] (2) is:
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[(a)] (i) as it relates to a political sign described in Subsection (1)(a), the candidate
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who placed the political sign, the candidate who directed the placement of the
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political sign, or an agent of the candidate;
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[(b)] (ii) as it relates to a political sign described in Subsection (1)(b), the person who
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placed the political sign, the person who directed the placement of the political
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sign, or an agent of either;
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[(c)] (iii) a property owner of property or a right of way adjacent to the property on
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which the political sign is placed, or the property owner's agent; or
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[(d)] (iv) a public official [who removes the sign in accordance with an official duty
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of the public official] or government employee who removes the political sign in
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accordance with the duties of the public official or government employee.
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(b) Notwithstanding Subsections (2) and (3), any person may:
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(i) remove a political sign that is a lawn sign described in Subsection
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20A-11-901(3)(a);
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(ii) in response to another person engaging in the conduct described in Subsection
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(2)(b), remove the object that is attached or affixed to the political sign; or
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(iii) in response to another person engaging in the conduct described in Subsection (3),
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remove the political sign that is attached or affixed to a utility pole, light pole, an
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electric utility box, or a road sign.
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Section 3. Section 20A-17-103 is amended to read:
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20A-17-103 . Posting political signs on public property.
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(1) As used in this section:
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(a) "Local government entity" means:
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(i) a county, municipality, or other political subdivision;
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(ii) a special district, as defined in Section 17B-1-102;
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(iii) a special service district, as defined in Section 17D-1-102;
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(iv) a local building authority, as defined in Section 17D-2-102;
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(v) a conservation district, as defined in Section 17D-3-102;
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(vi) an independent entity, as defined in Section 63E-1-102;
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(vii) a public corporation, as defined in Section 63E-1-102;
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(viii) a public transit district, organized under Title 17B, Chapter 2a, Part 8, Public
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Transit District Act;
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(ix) a school district;
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(x) a public school, including a charter school or other publicly funded school;
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(xi) a state institution of higher education;
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(xii) an entity that expends public funds; and
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(xiii) each office, agency, or other division of an entity described in Subsections
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(1)(a)(i) through (xii).
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(b) "Political sign" means the same as that term is defined in Section 20A-17-102.
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[(b) "Political sign" means any sign or document that advocates:]
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[(i) the election or defeat of a candidate for public office; or]
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[(ii) the approval or defeat of a ballot proposition.]
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(c)(i) "Public property" means any real property, building, or structure owned or
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leased by a local government entity.
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(ii) "Public property" does not include any real property, building, or structure during
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a period of time that the real property, building, or structure is rented out by a
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government entity to a private party for a meeting, convention, or similar event.
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(2) A local government entity, a local government officer, a local government employee, or
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another person with authority or control over public property that posts or permits a
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person to post a political sign on public property:
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(a) shall permit any other person to post a political sign on the public property, subject to
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the same requirements and restrictions imposed on all other political signs permitted
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to be posted on the public property; and
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(b) may not impose a requirement or restriction on the posting of a political sign if the
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requirement or restriction is not politically neutral and content neutral.
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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