03-03 14:19 2nd Sub. (Gray) H.B. 335
Sahara Hayes proposes the following substitute bill:
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Political Advertising Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Sahara Hayes
Senate Sponsor: Calvin R. Musselman
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LONG TITLE
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General Description:
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This bill amends provisions related to political advertising.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ specifies that an electioneering communication or a political advertisement includes a
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communication or advertisement disseminated on a social media platform;
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▸ authorizes an election officer to impose a monetary fine against a person who violates
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certain provisions related to political advertisements; 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-11-101, as last amended by Laws of Utah 2024, Chapter 438
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20A-11-901, as last amended by Laws of Utah 2022, Chapter 18
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Be it enacted by the Legislature of the state of Utah:
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Section 3. Section 20A-11-101 is amended to read:
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20A-11-101 . Definitions.
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As used in this chapter:
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(1)(a) "Address" means the number and street where an individual resides or where a
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reporting entity has its principal office.
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(b) "Address" does not include a post office box.
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(2) "Agent of a reporting entity" means:
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(a) a person acting on behalf of a reporting entity at the direction of the reporting entity;
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(b) a person employed by a reporting entity in the reporting entity's capacity as a
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reporting entity;
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(c) the personal campaign committee of a candidate or officeholder;
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(d) a member of the personal campaign committee of a candidate or officeholder in the
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member's capacity as a member of the personal campaign committee of the candidate
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or officeholder; or
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(e) a political consultant of a reporting entity.
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(3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
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amendments, and any other ballot propositions submitted to the voters that are
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authorized by the Utah Code Annotated 1953.
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(4) "Candidate" means any person who:
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(a) files a declaration of candidacy for a public office; or
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(b) receives contributions, makes expenditures, or gives consent for any other person to
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receive contributions or make expenditures to bring about the person's nomination or
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election to a public office.
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(5) "Chief election officer" means:
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(a) the lieutenant governor for state office candidates, legislative office candidates,
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officeholders, political parties, political action committees, corporations, political
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issues committees, state school board candidates, judges, and labor organizations, as
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defined in Section 20A-11-1501; and
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(b) the county clerk for local school board candidates.
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(6)(a) "Contribution" means any of the following when done for political purposes:
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(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
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value given to the filing entity;
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(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
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subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
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money or anything of value to the filing entity;
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(iii) any transfer of funds from another reporting entity to the filing entity;
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(iv) compensation paid by any person or reporting entity other than the filing entity
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for personal services provided without charge to the filing entity;
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(v) remuneration from:
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(A) any organization or its directly affiliated organization that has a registered
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lobbyist; or
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(B) any agency or subdivision of the state, including school districts;
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(vi) a loan made by a candidate deposited to the candidate's own campaign; and
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(vii) in-kind contributions.
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(b) "Contribution" does not include:
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(i) services provided by individuals volunteering a portion or all of their time on
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behalf of the filing entity if the services are provided without compensation by the
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filing entity or any other person;
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(ii) money lent to the filing entity by a financial institution in the ordinary course of
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business;
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(iii) goods or services provided for the benefit of a political entity at less than fair
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market value that are not authorized by or coordinated with the political entity; or
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(iv) data or information described in Subsection (24)(b).
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(7) "Coordinated with" means that goods or services provided for the benefit of a political
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entity are provided:
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(a) with the political entity's prior knowledge, if the political entity does not object;
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(b) by agreement with the political entity;
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(c) in coordination with the political entity; or
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(d) using official logos, slogans, and similar elements belonging to a political entity.
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(8)(a) "Corporation" means a domestic or foreign, profit or nonprofit, business
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organization that is registered as a corporation or is authorized to do business in a
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state and makes any expenditure from corporate funds for:
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(i) the purpose of expressly advocating for political purposes; or
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(ii) the purpose of expressly advocating the approval or the defeat of any ballot
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proposition.
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(b) "Corporation" does not mean:
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(i) a business organization's political action committee or political issues committee;
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or
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(ii) a business entity organized as a partnership or a sole proprietorship.
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(9) "County political party" means, for each registered political party, all of the persons
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within a single county who, under definitions established by the political party, are
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members of the registered political party.
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(10) "County political party officer" means a person whose name is required to be
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submitted by a county political party to the lieutenant governor in accordance with
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Section 20A-8-402.
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(11) "Detailed listing" means:
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(a) for each contribution or public service assistance:
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(i) the name and address of the individual or source making the contribution or public
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service assistance, except to the extent that the name or address of the individual
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or source is unknown;
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(ii) the amount or value of the contribution or public service assistance; and
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(iii) the date the contribution or public service assistance was made; and
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(b) for each expenditure:
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(i) the amount of the expenditure;
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(ii) the goods or services acquired by the expenditure; and
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(iii) the date the expenditure was made.
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(12)(a) "Donor" means a person that gives money, including a fee, due, or assessment
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for membership in the corporation, to a corporation without receiving full and
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adequate consideration for the money.
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(b) "Donor" does not include a person that signs a statement that the corporation may not
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use the money for an expenditure or political issues expenditure.
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(13) "Election" means each:
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(a) regular general election;
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(b) regular primary election; and
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(c) special election at which candidates are eliminated and selected.
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(14) "Electioneering communication" means a communication that:
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(a) has at least a value of $10,000;
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(b) clearly identifies a candidate or judge; and
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(c) is disseminated through the Internet, a social media platform, newspaper, magazine,
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an outdoor advertising facility, a direct mailing, or a broadcast, cable, or satellite
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provider within 45 days of the clearly identified candidate's or judge's election date.
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(15)(a) "Expenditure" means any of the following made by a reporting entity or an agent
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of a reporting entity on behalf of the reporting entity:
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(i) any disbursement from contributions, receipts, or from the separate bank account
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required by this chapter;
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(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
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or anything of value made for political purposes;
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(iii) an express, legally enforceable contract, promise, or agreement to make any
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purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
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or anything of value for political purposes;
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(iv) compensation paid by a filing entity for personal services rendered by a person
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without charge to a reporting entity;
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(v) a transfer of funds between the filing entity and a candidate's personal campaign
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committee;
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(vi) goods or services provided by the filing entity to or for the benefit of another
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reporting entity for political purposes at less than fair market value; or
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(vii) an independent expenditure, as defined in Section 20A-11-1702.
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(b) "Expenditure" does not include:
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(i) services provided without compensation by individuals volunteering a portion or
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all of their time on behalf of a reporting entity;
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(ii) money lent to a reporting entity by a financial institution in the ordinary course of
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business; or
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(iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
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candidates for office or officeholders in states other than Utah.
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(16) "Federal office" means the office of president of the United States, United States
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Senator, or United States Representative.
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(17) "Filing entity" means the reporting entity that is required to file a financial statement
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required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
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(18) "Financial statement" includes any summary report, interim report, verified financial
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statement, or other statement disclosing contributions, expenditures, receipts, donations,
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or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention
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Elections.
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(19) "Governing board" means the individual or group of individuals that determine the
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candidates and committees that will receive expenditures from a political action
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committee, political party, or corporation.
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(20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
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Incorporation, by which a geographical area becomes legally recognized as a city or
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town.
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(21) "Incorporation election" means the election conducted under Section 10-2a-210.
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(22) "Incorporation petition" means a petition described in Section 10-2a-208.
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(23) "Individual" means a natural person.
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(24)(a) "In-kind contribution" means anything of value, other than money, that is
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accepted by or coordinated with a filing entity.
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(b) "In-kind contribution" does not include survey results, voter lists, voter contact
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information, demographic data, voting trend data, or other information that:
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(i) is not commissioned for the benefit of a particular candidate or officeholder; and
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(ii) is offered at no cost to a candidate or officeholder.
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(25) "Interim report" means a report identifying the contributions received and expenditures
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made since the last report.
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(26) "Legislative office" means the office of state senator, state representative, speaker of
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the House of Representatives, president of the Senate, and the leader, whip, and assistant
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whip of any party caucus in either house of the Legislature.
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(27) "Legislative office candidate" means a person who:
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(a) files a declaration of candidacy for the office of state senator or state representative;
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(b) declares oneself to be a candidate for, or actively campaigns for, the position of
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speaker of the House of Representatives, president of the Senate, or the leader, whip,
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and assistant whip of any party caucus in either house of the Legislature; or
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(c) receives contributions, makes expenditures, or gives consent for any other person to
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receive contributions or make expenditures to bring about the person's nomination,
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election, or appointment to a legislative office.
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(28) "Loan" means any of the following provided by a person that benefits a filing entity if
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the person expects repayment or reimbursement:
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(a) an expenditure made using any form of payment;
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(b) money or funds received by the filing entity;
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(c) the provision of a good or service with an agreement or understanding that payment
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or reimbursement will be delayed; or
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(d) use of any line of credit.
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(29) "Major political party" means either of the two registered political parties that have the
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greatest number of members elected to the two houses of the Legislature.
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(30) "Officeholder" means a person who holds a public office.
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(31) "Party committee" means any committee organized by or authorized by the governing
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board of a registered political party.
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(32) "Person" means both natural and legal persons, including individuals, business
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organizations, personal campaign committees, party committees, political action
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committees, political issues committees, and labor organizations, as defined in Section
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20A-11-1501.
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(33) "Personal campaign committee" means the committee appointed by a candidate to act
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for the candidate as provided in this chapter.
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(34) "Personal use expenditure" has the same meaning as provided under Section
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20A-11-104.
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(35)(a) "Political action committee" means an entity, or any group of individuals or
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entities within or outside this state, a major purpose of which is to:
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(i) solicit or receive contributions from any other person, group, or entity for political
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purposes; or
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(ii) make expenditures to expressly advocate for any person to refrain from voting or
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to vote for or against any candidate or person seeking election to a municipal or
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county office.
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(b) "Political action committee" includes groups affiliated with a registered political
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party but not authorized or organized by the governing board of the registered
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political party that receive contributions or makes expenditures for political purposes.
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(c) "Political action committee" does not mean:
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(i) a party committee;
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(ii) any entity that provides goods or services to a candidate or committee in the
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regular course of its business at the same price that would be provided to the
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general public;
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(iii) an individual;
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(iv) individuals who are related and who make contributions from a joint checking
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account;
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(v) a corporation, except a corporation a major purpose of which is to act as a
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political action committee; or
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(vi) a personal campaign committee.
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(36)(a) "Political consultant" means a person who is paid by a reporting entity, or paid
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by another person on behalf of and with the knowledge of the reporting entity, to
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provide political advice to the reporting entity.
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(b) "Political consultant" includes a circumstance described in Subsection (36)(a), where
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the person:
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(i) has already been paid, with money or other consideration;
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(ii) expects to be paid in the future, with money or other consideration; or
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(iii) understands that the person may, in the discretion of the reporting entity or
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another person on behalf of and with the knowledge of the reporting entity, be
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paid in the future, with money or other consideration.
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(37) "Political convention" means a county or state political convention held by a registered
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political party to select candidates.
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(38) "Political entity" means a candidate, a political party, a political action committee, or a
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political issues committee.
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(39)(a) "Political issues committee" means an entity, or any group of individuals or
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entities within or outside this state, a major purpose of which is to:
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(i) solicit or receive donations from any other person, group, or entity to assist in
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placing a ballot proposition on the ballot, assist in keeping a ballot proposition off
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the ballot, or to advocate that a voter refrain from voting or vote for or vote
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against any ballot proposition;
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(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
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ballot proposition or incorporation petition or refrain from voting, vote for, or vote
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against any proposed ballot proposition or an incorporation in an incorporation
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election; or
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(iii) make expenditures to assist in qualifying or placing a ballot proposition on the
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ballot or to assist in keeping a ballot proposition off the ballot.
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(b) "Political issues committee" does not mean:
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(i) a registered political party or a party committee;
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(ii) any entity that provides goods or services to an individual or committee in the
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regular course of its business at the same price that would be provided to the
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general public;
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(iii) an individual;
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(iv) individuals who are related and who make contributions from a joint checking
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account;
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(v) a corporation, except a corporation a major purpose of which is to act as a
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political issues committee; or
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(vi) a group of individuals who:
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(A) associate together for the purpose of challenging or supporting a single ballot
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proposition, ordinance, or other governmental action by a county, city, town,
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special district, special service district, or other local political subdivision of
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the state;
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(B) have a common liberty, property, or financial interest that is directly impacted
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by the ballot proposition, ordinance, or other governmental action;
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(C) do not associate together, for the purpose described in Subsection
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(39)(b)(vi)(A), via a legal entity;
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(D) do not receive funds for challenging or supporting the ballot proposition,
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ordinance, or other governmental action from a person other than an individual
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in the group; and
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(E) do not expend a total of more than $5,000 for the purpose described in
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Subsection (39)(b)(vi)(A).
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(40)(a) "Political issues contribution" means any of the following:
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(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money
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or anything of value given to a political issues committee;
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(ii) an express, legally enforceable contract, promise, or agreement to make a
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political issues donation to influence the approval or defeat of any ballot
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proposition;
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(iii) any transfer of funds received by a political issues committee from a reporting
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entity;
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(iv) compensation paid by another reporting entity for personal services rendered
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without charge to a political issues committee; and
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(v) goods or services provided to or for the benefit of a political issues committee at
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less than fair market value.
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(b) "Political issues contribution" does not include:
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(i) services provided without compensation by individuals volunteering a portion or
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all of their time on behalf of a political issues committee; or
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(ii) money lent to a political issues committee by a financial institution in the
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ordinary course of business.
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(41)(a) "Political issues expenditure" means any of the following when made by a
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political issues committee or on behalf of a political issues committee by an agent of
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the reporting entity:
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(i) any payment from political issues contributions made for the purpose of
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influencing the approval or the defeat of:
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(A) a ballot proposition; or
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(B) an incorporation petition or incorporation election;
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(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made
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for the express purpose of influencing the approval or the defeat of:
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(A) a ballot proposition; or
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(B) an incorporation petition or incorporation election;
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(iii) an express, legally enforceable contract, promise, or agreement to make any
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political issues expenditure;
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(iv) compensation paid by a reporting entity for personal services rendered by a
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person without charge to a political issues committee; or
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(v) goods or services provided to or for the benefit of another reporting entity at less
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than fair market value.
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(b) "Political issues expenditure" does not include:
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(i) services provided without compensation by individuals volunteering a portion or
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all of their time on behalf of a political issues committee; or
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(ii) money lent to a political issues committee by a financial institution in the
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ordinary course of business.
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(42) "Political purposes" means an act done with the intent or in a way to influence or tend
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to influence, directly or indirectly, any person to refrain from voting or to vote for or
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against any:
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(a) candidate or a person seeking a municipal or county office at any caucus, political
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convention, or election; or
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(b) judge standing for retention at any election.
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(43)(a) "Poll" means the survey of a person regarding the person's opinion or knowledge
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of an individual who has filed a declaration of candidacy for public office, or of a
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ballot proposition that has legally qualified for placement on the ballot, which is
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conducted in person or by telephone, facsimile, Internet, postal mail, or email.
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(b) "Poll" does not include:
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(i) a ballot; or
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(ii) an interview of a focus group that is conducted, in person, by one individual, if:
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(A) the focus group consists of more than three, and less than thirteen, individuals;
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and
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(B) all individuals in the focus group are present during the interview.
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(44) "Primary election" means any regular primary election held under the election laws.
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(45) "Publicly identified class of individuals" means a group of 50 or more individuals
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sharing a common occupation, interest, or association that contribute to a political action
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committee or political issues committee and whose names can be obtained by contacting
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the political action committee or political issues committee upon whose financial
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statement the individuals are listed.
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(46) "Public office" means the office of governor, lieutenant governor, state auditor, state
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treasurer, attorney general, state school board member, state senator, state representative,
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speaker of the House of Representatives, president of the Senate, and the leader, whip,
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and assistant whip of any party caucus in either house of the Legislature.
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(47)(a) "Public service assistance" means the following when given or provided to an
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officeholder to defray the costs of functioning in a public office or aid the
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officeholder to communicate with the officeholder's constituents:
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(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit
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of money or anything of value to an officeholder; or
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(ii) goods or services provided at less than fair market value to or for the benefit of
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the officeholder.
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(b) "Public service assistance" does not include:
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(i) anything provided by the state;
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(ii) services provided without compensation by individuals volunteering a portion or
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all of their time on behalf of an officeholder;
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(iii) money lent to an officeholder by a financial institution in the ordinary course of
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business;
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(iv) news coverage or any publication by the news media; or
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(v) any article, story, or other coverage as part of any regular publication of any
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organization unless substantially all the publication is devoted to information
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about the officeholder.
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(48) "Receipts" means contributions and public service assistance.
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(49) "Registered lobbyist" means a person licensed under Title 36, Chapter 11, Lobbyist
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Disclosure and Regulation Act.
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(50) "Registered political action committee" means any political action committee that is
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required by this chapter to file a statement of organization with the Office of the
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Lieutenant Governor.
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(51) "Registered political issues committee" means any political issues committee that is
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required by this chapter to file a statement of organization with the Office of the
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Lieutenant Governor.
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(52) "Registered political party" means an organization of voters that:
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(a) participated in the last regular general election and polled a total vote equal to 2% or
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more of the total votes cast for all candidates for the United States House of
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Representatives for any of its candidates for any office; or
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(b) has complied with the petition and organizing procedures of Chapter 8, Political
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Party Formation and Procedures.
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(53)(a) "Remuneration" means a payment:
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(i) made to a legislator for the period the Legislature is in session; and
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(ii) that is approximately equivalent to an amount a legislator would have earned
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during the period the Legislature is in session in the legislator's ordinary course of
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business.
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(b) "Remuneration" does not mean anything of economic value given to a legislator by:
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(i) the legislator's primary employer in the ordinary course of business; or
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(ii) a person or entity in the ordinary course of business:
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(A) because of the legislator's ownership interest in the entity; or
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(B) for services rendered by the legislator on behalf of the person or entity.
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(54) "Reporting entity" means a candidate, a candidate's personal campaign committee, a
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judge, a judge's personal campaign committee, an officeholder, a party committee, a
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political action committee, a political issues committee, a corporation, or a labor
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organization, as defined in Section 20A-11-1501.
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(55) "School board office" means the office of state school board.
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(56)(a) "Source" means the person or entity that is the legal owner of the tangible or
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intangible asset that comprises the contribution.
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(b) "Source" means, for political action committees and corporations, the political action
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committee and the corporation as entities, not the contributors to the political action
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committee or the owners or shareholders of the corporation.
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(57) "State office" means the offices of governor, lieutenant governor, attorney general,
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state auditor, and state treasurer.
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(58) "State office candidate" means a person who:
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(a) files a declaration of candidacy for a state office; or
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(b) receives contributions, makes expenditures, or gives consent for any other person to
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receive contributions or make expenditures to bring about the person's nomination,
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election, or appointment to a state office.
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(59) "Summary report" means the year end report containing the summary of a reporting
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entity's contributions and expenditures.
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(60) "Supervisory board" means the individual or group of individuals that allocate
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expenditures from a political issues committee.
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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) As used in this section:
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(a)(i) "Advertisement" means a communication disseminated through:
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(A) the Internet, a social media platform, newspaper, magazine, an outdoor
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advertising facility, a direct mailing, or a broadcast, cable, or satellite provider;
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or
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(B) any other medium used for communicating with the general public.
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(ii) "Advertisement" includes Ĥ→ [a news story, commentary, an editorial, or ] ←Ĥ a
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marketing
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campaign disseminated on a medium described in Subsection (1)(a)(i).
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(b) "Local attorney" means:
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(i) a county attorney or district attorney, as described in Title 17, Chapter 18a,
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Powers and Duties of County and District Attorney; or
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(ii) a city attorney under Section 10-3-928.
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[(1)] (2)[(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] an advertisement, 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)] (3)(a) A person that makes an expenditure for the purpose of financing an
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advertisement related to a ballot proposition shall ensure that the advertisement
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complies with Subsection [(2)(b)] (3)(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)] (3)(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)] (4) The requirements of Subsections [(1)] (2) and [(2)] (3) do not apply to:
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(a) lawn signs with dimensions of four by eight feet 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)] (5)(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)] (5)(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)] (5)(a) for the purpose of disseminating the
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electioneering 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)] (6) A person may not, in order to promote the success of any candidate for nomination
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or election to any public office, or in connection with any question submitted to the
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voters, include or cause to be included the name of any person as endorser or supporter
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in any political advertisement, circular, poster, or publication without the express
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consent of that person.
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[(6)] (7)(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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(8) The lieutenant governor shall impose a $1,000 fine against a person who:
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(a) violates Subsection (5); or
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(b) violates any other disclosure requirement or prohibition described in this section, if
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the violation relates to:
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(i) a statewide ballot proposition; or
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(ii) the nomination or election of a candidate for:
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(A) federal office;
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(B) state office;
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(C) legislative office; or
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(D) state school board.
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(9) Upon investigation by the local attorney, the county clerk or municipal clerk shall
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impose a $500 fine against a person who violates this section, other than Subsection (5),
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if the violation relates to:
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(a) for a county clerk:
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(i) a candidate for county office, local school board office, or special district office;
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(ii) a countywide local ballot proposition; or
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(iii) a judicial retention election; or
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(b) for a municipal clerk:
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(i) a candidate for municipal office; or
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(ii) a citywide or townwide local ballot proposition.
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(10)(a) The lieutenant governor shall deposit a fine collected under Subsection (8) into
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the state's General Fund.
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(b) The county clerk or municipal clerk shall deposit a fine collected under Subsection
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(9) into the political subdivision's general fund.
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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