Utah 2025 Regular Session

Utah House Bill HB0335 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~03-03 14~~:19 2nd Sub. (Gray) H.B. 335
	1	+	02-12 15:23 2nd Sub. (Gray) H.B. 335
2	2		Sahara Hayes proposes the following substitute bill:
3	3		1
4	4		Political Advertising Amendments
5	5		2025 GENERAL SESSION
6	6		STATE OF UTAH
7	7		Chief Sponsor: Sahara Hayes
8		-	Senate Sponsor: ~~Calvin R. Musselman~~
	8	+	Senate Sponsor:
9	9		2
10	10
11	11		3
12	12		LONG TITLE
13	13		4
14	14		General Description:
15	15		5
16	16		This bill amends provisions related to political advertising.
17	17		6
18	18		Highlighted Provisions:
19	19		7
20	20		This bill:
21	21		8
22	22		▸ defines terms;
23	23		9
24	24		▸ specifies that an electioneering communication or a political advertisement includes a
25	25		10
26	26		communication or advertisement disseminated on a social media platform;
27	27		11
28	28		▸ authorizes an election officer to impose a monetary fine against a person who violates
29	29		12
30	30		certain provisions related to political advertisements; and
31	31		13
32	32		▸ makes technical and conforming changes.
33	33		14
34	34		Money Appropriated in this Bill:
35	35		15
36	36		None
37	37		16
38	38		Other Special Clauses:
39	39		17
40	40		None
41	41		18
42	42		Utah Code Sections Affected:
43	43		19
44	44		AMENDS:
45	45		20
46	46		20A-11-101, as last amended by Laws of Utah 2024, Chapter 438
47	47		21
48	48		20A-11-901, as last amended by Laws of Utah 2022, Chapter 18
49	49		22
50	50
51	51		23
52	52		Be it enacted by the Legislature of the state of Utah:
53	53		24
54		-	Section 3. Section 20A-11-101 is amended to read:
	54	+	Section 1. Section 20A-11-101 is amended to read:
55	55		25
56	56		20A-11-101 . Definitions.
57	57		26
58	58		As used in this chapter:
59	59		27
60	60		(1)(a) "Address" means the number and street where an individual resides or where a
61	61		28
62	62		reporting entity has its principal office.
63		-	2nd Sub. H.B. 335 2nd Sub. (Gray) H.B. 335 ~~03-03 14~~:19
	63	+	2nd Sub. H.B. 335 2nd Sub. (Gray) H.B. 335 02-12 15:23
64	64		29
65	65		(b) "Address" does not include a post office box.
66	66		30
67	67		(2) "Agent of a reporting entity" means:
68	68		31
69	69		(a) a person acting on behalf of a reporting entity at the direction of the reporting entity;
70	70		32
71	71		(b) a person employed by a reporting entity in the reporting entity's capacity as a
72	72		33
73	73		reporting entity;
74	74		34
75	75		(c) the personal campaign committee of a candidate or officeholder;
76	76		35
77	77		(d) a member of the personal campaign committee of a candidate or officeholder in the
78	78		36
79	79		member's capacity as a member of the personal campaign committee of the candidate
80	80		37
81	81		or officeholder; or
82	82		38
83	83		(e) a political consultant of a reporting entity.
84	84		39
85	85		(3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
86	86		40
87	87		amendments, and any other ballot propositions submitted to the voters that are
88	88		41
89	89		authorized by the Utah Code Annotated 1953.
90	90		42
91	91		(4) "Candidate" means any person who:
92	92		43
93	93		(a) files a declaration of candidacy for a public office; or
94	94		44
95	95		(b) receives contributions, makes expenditures, or gives consent for any other person to
96	96		45
97	97		receive contributions or make expenditures to bring about the person's nomination or
98	98		46
99	99		election to a public office.
100	100		47
101	101		(5) "Chief election officer" means:
102	102		48
103	103		(a) the lieutenant governor for state office candidates, legislative office candidates,
104	104		49
105	105		officeholders, political parties, political action committees, corporations, political
106	106		50
107	107		issues committees, state school board candidates, judges, and labor organizations, as
108	108		51
109	109		defined in Section 20A-11-1501; and
110	110		52
111	111		(b) the county clerk for local school board candidates.
112	112		53
113	113		(6)(a) "Contribution" means any of the following when done for political purposes:
114	114		54
115	115		(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
116	116		55
117	117		value given to the filing entity;
118	118		56
119	119		(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
120	120		57
121	121		subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
122	122		58
123	123		money or anything of value to the filing entity;
124	124		59
125	125		(iii) any transfer of funds from another reporting entity to the filing entity;
126	126		60
127	127		(iv) compensation paid by any person or reporting entity other than the filing entity
128	128		61
129	129		for personal services provided without charge to the filing entity;
130	130		62
131	131		(v) remuneration from:
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	132	+	- 2 - 02-12 15:23 2nd Sub. (Gray) H.B. 335
133	133		63
134	134		(A) any organization or its directly affiliated organization that has a registered
135	135		64
136	136		lobbyist; or
137	137		65
138	138		(B) any agency or subdivision of the state, including school districts;
139	139		66
140	140		(vi) a loan made by a candidate deposited to the candidate's own campaign; and
141	141		67
142	142		(vii) in-kind contributions.
143	143		68
144	144		(b) "Contribution" does not include:
145	145		69
146	146		(i) services provided by individuals volunteering a portion or all of their time on
147	147		70
148	148		behalf of the filing entity if the services are provided without compensation by the
149	149		71
150	150		filing entity or any other person;
151	151		72
152	152		(ii) money lent to the filing entity by a financial institution in the ordinary course of
153	153		73
154	154		business;
155	155		74
156	156		(iii) goods or services provided for the benefit of a political entity at less than fair
157	157		75
158	158		market value that are not authorized by or coordinated with the political entity; or
159	159		76
160	160		(iv) data or information described in Subsection (24)(b).
161	161		77
162	162		(7) "Coordinated with" means that goods or services provided for the benefit of a political
163	163		78
164	164		entity are provided:
165	165		79
166	166		(a) with the political entity's prior knowledge, if the political entity does not object;
167	167		80
168	168		(b) by agreement with the political entity;
169	169		81
170	170		(c) in coordination with the political entity; or
171	171		82
172	172		(d) using official logos, slogans, and similar elements belonging to a political entity.
173	173		83
174	174		(8)(a) "Corporation" means a domestic or foreign, profit or nonprofit, business
175	175		84
176	176		organization that is registered as a corporation or is authorized to do business in a
177	177		85
178	178		state and makes any expenditure from corporate funds for:
179	179		86
180	180		(i) the purpose of expressly advocating for political purposes; or
181	181		87
182	182		(ii) the purpose of expressly advocating the approval or the defeat of any ballot
183	183		88
184	184		proposition.
185	185		89
186	186		(b) "Corporation" does not mean:
187	187		90
188	188		(i) a business organization's political action committee or political issues committee;
189	189		91
190	190		or
191	191		92
192	192		(ii) a business entity organized as a partnership or a sole proprietorship.
193	193		93
194	194		(9) "County political party" means, for each registered political party, all of the persons
195	195		94
196	196		within a single county who, under definitions established by the political party, are
197	197		95
198	198		members of the registered political party.
199	199		96
200	200		(10) "County political party officer" means a person whose name is required to be
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	201	+	- 3 - 2nd Sub. (Gray) H.B. 335 02-12 15:23
202	202		97
203	203		submitted by a county political party to the lieutenant governor in accordance with
204	204		98
205	205		Section 20A-8-402.
206	206		99
207	207		(11) "Detailed listing" means:
208	208		100
209	209		(a) for each contribution or public service assistance:
210	210		101
211	211		(i) the name and address of the individual or source making the contribution or public
212	212		102
213	213		service assistance, except to the extent that the name or address of the individual
214	214		103
215	215		or source is unknown;
216	216		104
217	217		(ii) the amount or value of the contribution or public service assistance; and
218	218		105
219	219		(iii) the date the contribution or public service assistance was made; and
220	220		106
221	221		(b) for each expenditure:
222	222		107
223	223		(i) the amount of the expenditure;
224	224		108
225	225		(ii) the goods or services acquired by the expenditure; and
226	226		109
227	227		(iii) the date the expenditure was made.
228	228		110
229	229		(12)(a) "Donor" means a person that gives money, including a fee, due, or assessment
230	230		111
231	231		for membership in the corporation, to a corporation without receiving full and
232	232		112
233	233		adequate consideration for the money.
234	234		113
235	235		(b) "Donor" does not include a person that signs a statement that the corporation may not
236	236		114
237	237		use the money for an expenditure or political issues expenditure.
238	238		115
239	239		(13) "Election" means each:
240	240		116
241	241		(a) regular general election;
242	242		117
243	243		(b) regular primary election; and
244	244		118
245	245		(c) special election at which candidates are eliminated and selected.
246	246		119
247	247		(14) "Electioneering communication" means a communication that:
248	248		120
249	249		(a) has at least a value of $10,000;
250	250		121
251	251		(b) clearly identifies a candidate or judge; and
252	252		122
253	253		(c) is disseminated through the Internet, a social media platform, newspaper, magazine,
254	254		123
255	255		an outdoor advertising facility, a direct mailing, or a broadcast, cable, or satellite
256	256		124
257	257		provider within 45 days of the clearly identified candidate's or judge's election date.
258	258		125
259	259		(15)(a) "Expenditure" means any of the following made by a reporting entity or an agent
260	260		126
261	261		of a reporting entity on behalf of the reporting entity:
262	262		127
263	263		(i) any disbursement from contributions, receipts, or from the separate bank account
264	264		128
265	265		required by this chapter;
266	266		129
267	267		(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
268	268		130
269	269		or anything of value made for political purposes;
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	270	+	- 4 - 02-12 15:23 2nd Sub. (Gray) H.B. 335
271	271		131
272	272		(iii) an express, legally enforceable contract, promise, or agreement to make any
273	273		132
274	274		purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
275	275		133
276	276		or anything of value for political purposes;
277	277		134
278	278		(iv) compensation paid by a filing entity for personal services rendered by a person
279	279		135
280	280		without charge to a reporting entity;
281	281		136
282	282		(v) a transfer of funds between the filing entity and a candidate's personal campaign
283	283		137
284	284		committee;
285	285		138
286	286		(vi) goods or services provided by the filing entity to or for the benefit of another
287	287		139
288	288		reporting entity for political purposes at less than fair market value; or
289	289		140
290	290		(vii) an independent expenditure, as defined in Section 20A-11-1702.
291	291		141
292	292		(b) "Expenditure" does not include:
293	293		142
294	294		(i) services provided without compensation by individuals volunteering a portion or
295	295		143
296	296		all of their time on behalf of a reporting entity;
297	297		144
298	298		(ii) money lent to a reporting entity by a financial institution in the ordinary course of
299	299		145
300	300		business; or
301	301		146
302	302		(iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
303	303		147
304	304		candidates for office or officeholders in states other than Utah.
305	305		148
306	306		(16) "Federal office" means the office of president of the United States, United States
307	307		149
308	308		Senator, or United States Representative.
309	309		150
310	310		(17) "Filing entity" means the reporting entity that is required to file a financial statement
311	311		151
312	312		required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
313	313		152
314	314		(18) "Financial statement" includes any summary report, interim report, verified financial
315	315		153
316	316		statement, or other statement disclosing contributions, expenditures, receipts, donations,
317	317		154
318	318		or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention
319	319		155
320	320		Elections.
321	321		156
322	322		(19) "Governing board" means the individual or group of individuals that determine the
323	323		157
324	324		candidates and committees that will receive expenditures from a political action
325	325		158
326	326		committee, political party, or corporation.
327	327		159
328	328		(20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
329	329		160
330	330		Incorporation, by which a geographical area becomes legally recognized as a city or
331	331		161
332	332		town.
333	333		162
334	334		(21) "Incorporation election" means the election conducted under Section 10-2a-210.
335	335		163
336	336		(22) "Incorporation petition" means a petition described in Section 10-2a-208.
337	337		164
338	338		(23) "Individual" means a natural person.
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340	340		165
341	341		(24)(a) "In-kind contribution" means anything of value, other than money, that is
342	342		166
343	343		accepted by or coordinated with a filing entity.
344	344		167
345	345		(b) "In-kind contribution" does not include survey results, voter lists, voter contact
346	346		168
347	347		information, demographic data, voting trend data, or other information that:
348	348		169
349	349		(i) is not commissioned for the benefit of a particular candidate or officeholder; and
350	350		170
351	351		(ii) is offered at no cost to a candidate or officeholder.
352	352		171
353	353		(25) "Interim report" means a report identifying the contributions received and expenditures
354	354		172
355	355		made since the last report.
356	356		173
357	357		(26) "Legislative office" means the office of state senator, state representative, speaker of
358	358		174
359	359		the House of Representatives, president of the Senate, and the leader, whip, and assistant
360	360		175
361	361		whip of any party caucus in either house of the Legislature.
362	362		176
363	363		(27) "Legislative office candidate" means a person who:
364	364		177
365	365		(a) files a declaration of candidacy for the office of state senator or state representative;
366	366		178
367	367		(b) declares oneself to be a candidate for, or actively campaigns for, the position of
368	368		179
369	369		speaker of the House of Representatives, president of the Senate, or the leader, whip,
370	370		180
371	371		and assistant whip of any party caucus in either house of the Legislature; or
372	372		181
373	373		(c) receives contributions, makes expenditures, or gives consent for any other person to
374	374		182
375	375		receive contributions or make expenditures to bring about the person's nomination,
376	376		183
377	377		election, or appointment to a legislative office.
378	378		184
379	379		(28) "Loan" means any of the following provided by a person that benefits a filing entity if
380	380		185
381	381		the person expects repayment or reimbursement:
382	382		186
383	383		(a) an expenditure made using any form of payment;
384	384		187
385	385		(b) money or funds received by the filing entity;
386	386		188
387	387		(c) the provision of a good or service with an agreement or understanding that payment
388	388		189
389	389		or reimbursement will be delayed; or
390	390		190
391	391		(d) use of any line of credit.
392	392		191
393	393		(29) "Major political party" means either of the two registered political parties that have the
394	394		192
395	395		greatest number of members elected to the two houses of the Legislature.
396	396		193
397	397		(30) "Officeholder" means a person who holds a public office.
398	398		194
399	399		(31) "Party committee" means any committee organized by or authorized by the governing
400	400		195
401	401		board of a registered political party.
402	402		196
403	403		(32) "Person" means both natural and legal persons, including individuals, business
404	404		197
405	405		organizations, personal campaign committees, party committees, political action
406	406		198
407	407		committees, political issues committees, and labor organizations, as defined in Section
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	408	+	- 6 - 02-12 15:23 2nd Sub. (Gray) H.B. 335
409	409		199
410	410		20A-11-1501.
411	411		200
412	412		(33) "Personal campaign committee" means the committee appointed by a candidate to act
413	413		201
414	414		for the candidate as provided in this chapter.
415	415		202
416	416		(34) "Personal use expenditure" has the same meaning as provided under Section
417	417		203
418	418		20A-11-104.
419	419		204
420	420		(35)(a) "Political action committee" means an entity, or any group of individuals or
421	421		205
422	422		entities within or outside this state, a major purpose of which is to:
423	423		206
424	424		(i) solicit or receive contributions from any other person, group, or entity for political
425	425		207
426	426		purposes; or
427	427		208
428	428		(ii) make expenditures to expressly advocate for any person to refrain from voting or
429	429		209
430	430		to vote for or against any candidate or person seeking election to a municipal or
431	431		210
432	432		county office.
433	433		211
434	434		(b) "Political action committee" includes groups affiliated with a registered political
435	435		212
436	436		party but not authorized or organized by the governing board of the registered
437	437		213
438	438		political party that receive contributions or makes expenditures for political purposes.
439	439		214
440	440		(c) "Political action committee" does not mean:
441	441		215
442	442		(i) a party committee;
443	443		216
444	444		(ii) any entity that provides goods or services to a candidate or committee in the
445	445		217
446	446		regular course of its business at the same price that would be provided to the
447	447		218
448	448		general public;
449	449		219
450	450		(iii) an individual;
451	451		220
452	452		(iv) individuals who are related and who make contributions from a joint checking
453	453		221
454	454		account;
455	455		222
456	456		(v) a corporation, except a corporation a major purpose of which is to act as a
457	457		223
458	458		political action committee; or
459	459		224
460	460		(vi) a personal campaign committee.
461	461		225
462	462		(36)(a) "Political consultant" means a person who is paid by a reporting entity, or paid
463	463		226
464	464		by another person on behalf of and with the knowledge of the reporting entity, to
465	465		227
466	466		provide political advice to the reporting entity.
467	467		228
468	468		(b) "Political consultant" includes a circumstance described in Subsection (36)(a), where
469	469		229
470	470		the person:
471	471		230
472	472		(i) has already been paid, with money or other consideration;
473	473		231
474	474		(ii) expects to be paid in the future, with money or other consideration; or
475	475		232
476	476		(iii) understands that the person may, in the discretion of the reporting entity or
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478	478		233
479	479		another person on behalf of and with the knowledge of the reporting entity, be
480	480		234
481	481		paid in the future, with money or other consideration.
482	482		235
483	483		(37) "Political convention" means a county or state political convention held by a registered
484	484		236
485	485		political party to select candidates.
486	486		237
487	487		(38) "Political entity" means a candidate, a political party, a political action committee, or a
488	488		238
489	489		political issues committee.
490	490		239
491	491		(39)(a) "Political issues committee" means an entity, or any group of individuals or
492	492		240
493	493		entities within or outside this state, a major purpose of which is to:
494	494		241
495	495		(i) solicit or receive donations from any other person, group, or entity to assist in
496	496		242
497	497		placing a ballot proposition on the ballot, assist in keeping a ballot proposition off
498	498		243
499	499		the ballot, or to advocate that a voter refrain from voting or vote for or vote
500	500		244
501	501		against any ballot proposition;
502	502		245
503	503		(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
504	504		246
505	505		ballot proposition or incorporation petition or refrain from voting, vote for, or vote
506	506		247
507	507		against any proposed ballot proposition or an incorporation in an incorporation
508	508		248
509	509		election; or
510	510		249
511	511		(iii) make expenditures to assist in qualifying or placing a ballot proposition on the
512	512		250
513	513		ballot or to assist in keeping a ballot proposition off the ballot.
514	514		251
515	515		(b) "Political issues committee" does not mean:
516	516		252
517	517		(i) a registered political party or a party committee;
518	518		253
519	519		(ii) any entity that provides goods or services to an individual or committee in the
520	520		254
521	521		regular course of its business at the same price that would be provided to the
522	522		255
523	523		general public;
524	524		256
525	525		(iii) an individual;
526	526		257
527	527		(iv) individuals who are related and who make contributions from a joint checking
528	528		258
529	529		account;
530	530		259
531	531		(v) a corporation, except a corporation a major purpose of which is to act as a
532	532		260
533	533		political issues committee; or
534	534		261
535	535		(vi) a group of individuals who:
536	536		262
537	537		(A) associate together for the purpose of challenging or supporting a single ballot
538	538		263
539	539		proposition, ordinance, or other governmental action by a county, city, town,
540	540		264
541	541		special district, special service district, or other local political subdivision of
542	542		265
543	543		the state;
544	544		266
545	545		(B) have a common liberty, property, or financial interest that is directly impacted
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	546	+	- 8 - 02-12 15:23 2nd Sub. (Gray) H.B. 335
547	547		267
548	548		by the ballot proposition, ordinance, or other governmental action;
549	549		268
550	550		(C) do not associate together, for the purpose described in Subsection
551	551		269
552	552		(39)(b)(vi)(A), via a legal entity;
553	553		270
554	554		(D) do not receive funds for challenging or supporting the ballot proposition,
555	555		271
556	556		ordinance, or other governmental action from a person other than an individual
557	557		272
558	558		in the group; and
559	559		273
560	560		(E) do not expend a total of more than $5,000 for the purpose described in
561	561		274
562	562		Subsection (39)(b)(vi)(A).
563	563		275
564	564		(40)(a) "Political issues contribution" means any of the following:
565	565		276
566	566		(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money
567	567		277
568	568		or anything of value given to a political issues committee;
569	569		278
570	570		(ii) an express, legally enforceable contract, promise, or agreement to make a
571	571		279
572	572		political issues donation to influence the approval or defeat of any ballot
573	573		280
574	574		proposition;
575	575		281
576	576		(iii) any transfer of funds received by a political issues committee from a reporting
577	577		282
578	578		entity;
579	579		283
580	580		(iv) compensation paid by another reporting entity for personal services rendered
581	581		284
582	582		without charge to a political issues committee; and
583	583		285
584	584		(v) goods or services provided to or for the benefit of a political issues committee at
585	585		286
586	586		less than fair market value.
587	587		287
588	588		(b) "Political issues contribution" does not include:
589	589		288
590	590		(i) services provided without compensation by individuals volunteering a portion or
591	591		289
592	592		all of their time on behalf of a political issues committee; or
593	593		290
594	594		(ii) money lent to a political issues committee by a financial institution in the
595	595		291
596	596		ordinary course of business.
597	597		292
598	598		(41)(a) "Political issues expenditure" means any of the following when made by a
599	599		293
600	600		political issues committee or on behalf of a political issues committee by an agent of
601	601		294
602	602		the reporting entity:
603	603		295
604	604		(i) any payment from political issues contributions made for the purpose of
605	605		296
606	606		influencing the approval or the defeat of:
607	607		297
608	608		(A) a ballot proposition; or
609	609		298
610	610		(B) an incorporation petition or incorporation election;
611	611		299
612	612		(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made
613	613		300
614	614		for the express purpose of influencing the approval or the defeat of:
615		-	- 9 - 2nd Sub. (Gray) H.B. 335 ~~03-03 14~~:19
	615	+	- 9 - 2nd Sub. (Gray) H.B. 335 02-12 15:23
616	616		301
617	617		(A) a ballot proposition; or
618	618		302
619	619		(B) an incorporation petition or incorporation election;
620	620		303
621	621		(iii) an express, legally enforceable contract, promise, or agreement to make any
622	622		304
623	623		political issues expenditure;
624	624		305
625	625		(iv) compensation paid by a reporting entity for personal services rendered by a
626	626		306
627	627		person without charge to a political issues committee; or
628	628		307
629	629		(v) goods or services provided to or for the benefit of another reporting entity at less
630	630		308
631	631		than fair market value.
632	632		309
633	633		(b) "Political issues expenditure" does not include:
634	634		310
635	635		(i) services provided without compensation by individuals volunteering a portion or
636	636		311
637	637		all of their time on behalf of a political issues committee; or
638	638		312
639	639		(ii) money lent to a political issues committee by a financial institution in the
640	640		313
641	641		ordinary course of business.
642	642		314
643	643		(42) "Political purposes" means an act done with the intent or in a way to influence or tend
644	644		315
645	645		to influence, directly or indirectly, any person to refrain from voting or to vote for or
646	646		316
647	647		against any:
648	648		317
649	649		(a) candidate or a person seeking a municipal or county office at any caucus, political
650	650		318
651	651		convention, or election; or
652	652		319
653	653		(b) judge standing for retention at any election.
654	654		320
655	655		(43)(a) "Poll" means the survey of a person regarding the person's opinion or knowledge
656	656		321
657	657		of an individual who has filed a declaration of candidacy for public office, or of a
658	658		322
659	659		ballot proposition that has legally qualified for placement on the ballot, which is
660	660		323
661	661		conducted in person or by telephone, facsimile, Internet, postal mail, or email.
662	662		324
663	663		(b) "Poll" does not include:
664	664		325
665	665		(i) a ballot; or
666	666		326
667	667		(ii) an interview of a focus group that is conducted, in person, by one individual, if:
668	668		327
669	669		(A) the focus group consists of more than three, and less than thirteen, individuals;
670	670		328
671	671		and
672	672		329
673	673		(B) all individuals in the focus group are present during the interview.
674	674		330
675	675		(44) "Primary election" means any regular primary election held under the election laws.
676	676		331
677	677		(45) "Publicly identified class of individuals" means a group of 50 or more individuals
678	678		332
679	679		sharing a common occupation, interest, or association that contribute to a political action
680	680		333
681	681		committee or political issues committee and whose names can be obtained by contacting
682	682		334
683	683		the political action committee or political issues committee upon whose financial
684		-	- 10 - ~~03-03 14~~:19 2nd Sub. (Gray) H.B. 335
	684	+	- 10 - 02-12 15:23 2nd Sub. (Gray) H.B. 335
685	685		335
686	686		statement the individuals are listed.
687	687		336
688	688		(46) "Public office" means the office of governor, lieutenant governor, state auditor, state
689	689		337
690	690		treasurer, attorney general, state school board member, state senator, state representative,
691	691		338
692	692		speaker of the House of Representatives, president of the Senate, and the leader, whip,
693	693		339
694	694		and assistant whip of any party caucus in either house of the Legislature.
695	695		340
696	696		(47)(a) "Public service assistance" means the following when given or provided to an
697	697		341
698	698		officeholder to defray the costs of functioning in a public office or aid the
699	699		342
700	700		officeholder to communicate with the officeholder's constituents:
701	701		343
702	702		(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit
703	703		344
704	704		of money or anything of value to an officeholder; or
705	705		345
706	706		(ii) goods or services provided at less than fair market value to or for the benefit of
707	707		346
708	708		the officeholder.
709	709		347
710	710		(b) "Public service assistance" does not include:
711	711		348
712	712		(i) anything provided by the state;
713	713		349
714	714		(ii) services provided without compensation by individuals volunteering a portion or
715	715		350
716	716		all of their time on behalf of an officeholder;
717	717		351
718	718		(iii) money lent to an officeholder by a financial institution in the ordinary course of
719	719		352
720	720		business;
721	721		353
722	722		(iv) news coverage or any publication by the news media; or
723	723		354
724	724		(v) any article, story, or other coverage as part of any regular publication of any
725	725		355
726	726		organization unless substantially all the publication is devoted to information
727	727		356
728	728		about the officeholder.
729	729		357
730	730		(48) "Receipts" means contributions and public service assistance.
731	731		358
732	732		(49) "Registered lobbyist" means a person licensed under Title 36, Chapter 11, Lobbyist
733	733		359
734	734		Disclosure and Regulation Act.
735	735		360
736	736		(50) "Registered political action committee" means any political action committee that is
737	737		361
738	738		required by this chapter to file a statement of organization with the Office of the
739	739		362
740	740		Lieutenant Governor.
741	741		363
742	742		(51) "Registered political issues committee" means any political issues committee that is
743	743		364
744	744		required by this chapter to file a statement of organization with the Office of the
745	745		365
746	746		Lieutenant Governor.
747	747		366
748	748		(52) "Registered political party" means an organization of voters that:
749	749		367
750	750		(a) participated in the last regular general election and polled a total vote equal to 2% or
751	751		368
752	752		more of the total votes cast for all candidates for the United States House of
753		-	- 11 - 2nd Sub. (Gray) H.B. 335 ~~03-03 14~~:19
	753	+	- 11 - 2nd Sub. (Gray) H.B. 335 02-12 15:23
754	754		369
755	755		Representatives for any of its candidates for any office; or
756	756		370
757	757		(b) has complied with the petition and organizing procedures of Chapter 8, Political
758	758		371
759	759		Party Formation and Procedures.
760	760		372
761	761		(53)(a) "Remuneration" means a payment:
762	762		373
763	763		(i) made to a legislator for the period the Legislature is in session; and
764	764		374
765	765		(ii) that is approximately equivalent to an amount a legislator would have earned
766	766		375
767	767		during the period the Legislature is in session in the legislator's ordinary course of
768	768		376
769	769		business.
770	770		377
771	771		(b) "Remuneration" does not mean anything of economic value given to a legislator by:
772	772		378
773	773		(i) the legislator's primary employer in the ordinary course of business; or
774	774		379
775	775		(ii) a person or entity in the ordinary course of business:
776	776		380
777	777		(A) because of the legislator's ownership interest in the entity; or
778	778		381
779	779		(B) for services rendered by the legislator on behalf of the person or entity.
780	780		382
781	781		(54) "Reporting entity" means a candidate, a candidate's personal campaign committee, a
782	782		383
783	783		judge, a judge's personal campaign committee, an officeholder, a party committee, a
784	784		384
785	785		political action committee, a political issues committee, a corporation, or a labor
786	786		385
787	787		organization, as defined in Section 20A-11-1501.
788	788		386
789	789		(55) "School board office" means the office of state school board.
790	790		387
791	791		(56)(a) "Source" means the person or entity that is the legal owner of the tangible or
792	792		388
793	793		intangible asset that comprises the contribution.
794	794		389
795	795		(b) "Source" means, for political action committees and corporations, the political action
796	796		390
797	797		committee and the corporation as entities, not the contributors to the political action
798	798		391
799	799		committee or the owners or shareholders of the corporation.
800	800		392
801	801		(57) "State office" means the offices of governor, lieutenant governor, attorney general,
802	802		393
803	803		state auditor, and state treasurer.
804	804		394
805	805		(58) "State office candidate" means a person who:
806	806		395
807	807		(a) files a declaration of candidacy for a state office; or
808	808		396
809	809		(b) receives contributions, makes expenditures, or gives consent for any other person to
810	810		397
811	811		receive contributions or make expenditures to bring about the person's nomination,
812	812		398
813	813		election, or appointment to a state office.
814	814		399
815	815		(59) "Summary report" means the year end report containing the summary of a reporting
816	816		400
817	817		entity's contributions and expenditures.
818	818		401
819	819		(60) "Supervisory board" means the individual or group of individuals that allocate
820	820		402
821	821		expenditures from a political issues committee.
822		-	- 12 - ~~03-03 14~~:19 2nd Sub. (Gray) H.B. 335
	822	+	- 12 - 02-12 15:23 2nd Sub. (Gray) H.B. 335
823	823		403
824		-	Section 1. Section 20A-11-901 is amended to read:
	824	+	Section 2. Section 20A-11-901 is amended to read:
825	825		404
826	826		20A-11-901 . Political advertisements -- Requirement that ads designate
827	827		405
828	828		responsibility and authorization -- Report to lieutenant governor -- Unauthorized use of
829	829		406
830	830		endorsements.
831	831		407
832	832		(1) As used in this section:
833	833		408
834	834		(a)(i) "Advertisement" means a communication disseminated through:
835	835		409
836	836		(A) the Internet, a social media platform, newspaper, magazine, an outdoor
837	837		410
838	838		advertising facility, a direct mailing, or a broadcast, cable, or satellite provider;
839	839		411
840	840		or
841	841		412
842	842		(B) any other medium used for communicating with the general public.
843	843		413
844		-	(ii) "Advertisement" includes Ĥ→ [a news story, commentary, an editorial, or ] ←Ĥ a
845		-	413a
846		-	marketing
	844	+	(ii) "Advertisement" includes a news story, commentary, an editorial, or a marketing
847	845		414
848	846		campaign disseminated on a medium described in Subsection (1)(a)(i).
849	847		415
850	848		(b) "Local attorney" means:
851	849		416
852	850		(i) a county attorney or district attorney, as described in Title 17, Chapter 18a,
853	851		417
854	852		Powers and Duties of County and District Attorney; or
855	853		418
856	854		(ii) a city attorney under Section 10-3-928.
857	855		419
858	856		[(1)] (2)[(a)] Whenever any person makes an expenditure for the purpose of financing an
859	857		420
860	858		advertisement expressly advocating for the election or defeat of a clearly identified
861	859		421
862	860		candidate, or solicits any contribution through [any broadcasting station, newspaper,
863	861		422
864	862		magazine, outdoor advertising facility, direct mailing, or any other type of general
865	863		423
866	864		public political advertising] an advertisement, the advertisement:
867	865		424
868	866		[(i)] (a) if paid for and authorized by a candidate or the candidate's campaign committee,
869	867		425
870	868		shall clearly state that the advertisement has been paid for by the candidate or the
871	869		426
872	870		campaign committee;
873	871		427
874	872		[(ii)] (b) if paid for by another person but authorized by a candidate or the candidate's
875	873		428
876	874		campaign committee, shall clearly state who paid for the advertisement and that the
877	875		429
878	876		candidate or the campaign committee authorized the advertisement; or
879	877		430
880	878		[(iii)] (c) if not authorized by a candidate or a candidate's campaign committee, shall
881	879		431
882	880		clearly state the name of the person who paid for the advertisement and state that the
883	881		432
884	882		advertisement is not authorized by any candidate or candidate's committee.
885	883		433
886	884		[(2)] (3)(a) A person that makes an expenditure for the purpose of financing an
887	885		434
888	886		advertisement related to a ballot proposition shall ensure that the advertisement
889	887		435
890	888		complies with Subsection [(2)(b)] (3)(b) if the advertisement expressly advocates:
891		-	- 13 - 2nd Sub. (Gray) H.B. 335 03-03 14:19
892	889		436
893	890		(i) for placing a ballot proposition on the ballot;
	891	+	- 13 - 2nd Sub. (Gray) H.B. 335 02-12 15:23
894	892		437
895	893		(ii) for keeping a ballot proposition off the ballot;
896	894		438
897	895		(iii) that a voter refrain from voting on a ballot proposition; or
898	896		439
899	897		(iv) that a voter vote for or against a ballot proposition.
900	898		440
901	899		(b) An advertisement described in Subsection [(2)(a)] (3)(a) shall:
902	900		441
903	901		(i) if paid for by a political issues committee, clearly state that the advertisement was
904	902		442
905	903		paid for by the political issues committee;
906	904		443
907	905		(ii) if paid for by another person but authorized by a political issues committee,
908	906		444
909	907		clearly state who paid for the advertisement and that the political issues committee
910	908		445
911	909		authorized the advertisement; or
912	910		446
913	911		(iii) if not authorized by a political issues committee, clearly state the name of the
914	912		447
915	913		person who paid for the advertisement and state that the advertisement is not
916	914		448
917	915		authorized by any political issues committee.
918	916		449
919	917		[(3)] (4) The requirements of Subsections [(1)] (2) and [(2)] (3) do not apply to:
920	918		450
921	919		(a) lawn signs with dimensions of four by eight feet or smaller;
922	920		451
923	921		(b) bumper stickers;
924	922		452
925	923		(c) campaign pins, buttons, and pens; or
926	924		453
927	925		(d) similar small items upon which the disclaimer cannot be conveniently printed.
928	926		454
929	927		[(4)] (5)(a) A person who is not a reporting entity and pays for an electioneering
930	928		455
931	929		communication shall file a report with the lieutenant governor within 24 hours of
932	930		456
933	931		making the payment or entering into a contract to make the payment.
934	932		457
935	933		(b) The report shall include:
936	934		458
937	935		(i) the name and address of the person described in Subsection [(4)(a)] (5)(a);
938	936		459
939	937		(ii) the name and address of each person contributing at least $100 to the person
940	938		460
941	939		described in Subsection [(4)(a)] (5)(a) for the purpose of disseminating the
942	940		461
943	941		electioneering communication;
944	942		462
945	943		(iii) the amount spent on the electioneering communication;
946	944		463
947	945		(iv) the name of the identified referenced candidate; and
948	946		464
949	947		(v) the medium used to disseminate the electioneering communication.
950	948		465
951	949		[(5)] (6) A person may not, in order to promote the success of any candidate for nomination
952	950		466
953	951		or election to any public office, or in connection with any question submitted to the
954	952		467
955	953		voters, include or cause to be included the name of any person as endorser or supporter
956	954		468
957	955		in any political advertisement, circular, poster, or publication without the express
958	956		469
959	957		consent of that person.
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961	958		470
962	959		[(6)] (7)(a) It is unlawful for a person to pay the owner, editor, publisher, or agent of any
	960	+	- 14 - 02-12 15:23 2nd Sub. (Gray) H.B. 335
963	961		471
964	962		newspaper or other periodical to induce the owner, editor, publisher, or agent to
965	963		472
966	964		advocate or oppose editorially any candidate for nomination or election.
967	965		473
968	966		(b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
969	967		474
970	968		advocate or oppose editorially any candidate for nomination or election.
971	969		475
972	970		(8) The lieutenant governor shall impose a $1,000 fine against a person who:
973	971		476
974	972		(a) violates Subsection (5); or
975	973		477
976	974		(b) violates any other disclosure requirement or prohibition described in this section, if
977	975		478
978	976		the violation relates to:
979	977		479
980	978		(i) a statewide ballot proposition; or
981	979		480
982	980		(ii) the nomination or election of a candidate for:
983	981		481
984	982		(A) federal office;
985	983		482
986	984		(B) state office;
987	985		483
988	986		(C) legislative office; or
989	987		484
990	988		(D) state school board.
991	989		485
992	990		(9) Upon investigation by the local attorney, the county clerk or municipal clerk shall
993	991		486
994	992		impose a $500 fine against a person who violates this section, other than Subsection (5),
995	993		487
996	994		if the violation relates to:
997	995		488
998	996		(a) for a county clerk:
999	997		489
1000	998		(i) a candidate for county office, local school board office, or special district office;
1001	999		490
1002	1000		(ii) a countywide local ballot proposition; or
1003	1001		491
1004	1002		(iii) a judicial retention election; or
1005	1003		492
1006	1004		(b) for a municipal clerk:
1007	1005		493
1008	1006		(i) a candidate for municipal office; or
1009	1007		494
1010	1008		(ii) a citywide or townwide local ballot proposition.
1011	1009		495
1012	1010		(10)(a) The lieutenant governor shall deposit a fine collected under Subsection (8) into
1013	1011		496
1014	1012		the state's General Fund.
1015	1013		497
1016	1014		(b) The county clerk or municipal clerk shall deposit a fine collected under Subsection
1017	1015		498
1018	1016		(9) into the political subdivision's general fund.
1019	1017		499
1020		-	Section 4. Effective Date.
	1018	+	Section 3. Effective Date.
1021	1019		500
1022	1020		This bill takes effect on May 7, 2025.
1023	1021		- 15 -