20A-11-1203. Public entity prohibited from expending public funds on certain electoral matters.

524 words·~2 min read·/ut/title-20a/chapter-11/20a-11-1203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)Unless specifically required by law, and except as provided in Subsection

(5)or Section 20A-11-1206 , a public entity may not:

(a)make an expenditure from public funds for political purposes, to influence a ballot proposition, or to influence a proposed initiative or proposed referendum; or

(b)publish on the public entity's website an argument for or against a ballot proposition, a proposed initiative, or a proposed referendum.

(2)A violation of this section does not invalidate an otherwise valid election.

(3)This section does not prohibit the reasonable expenditure of public funds to gather information for, and respond directly to, an individual who makes an inquiry regarding a ballot proposition, a proposed initiative, or a proposed referendum.

(4)This section does not prohibit:

(a)a public entity from conducting research, or collecting and compiling information or arguments in relation to, a ballot proposition, a proposed initiative, or a proposed referendum;

(b)an elected or appointed official of the public entity described in Subsection (4)(a) from using the research, information, or arguments described in Subsection (4)(a) for the purpose of advocating for or against a ballot proposition, proposed initiative, or proposed referendum via a website, or another medium, not owned or controlled by the public entity;

(c)a public entity from posting on the public entity's website a link to another website, with a brief description, that is not owned or controlled by a public entity, or from publishing in any medium owned, controlled, or paid for by a public entity a website address, with a brief description, where an individual may view research, information, and arguments for or against a ballot proposition, proposed initiative, or proposed referendum if the public entity:

(i)before posting the link or publishing the address, provides at least seven calendar days written notice to the sponsors of the ballot proposition, proposed initiative, or proposed referendum:

(A)of the public entity's intent to post the link or publish the address;

(B)a description of each medium in which the public entity intends to post the link or publish the address; and

(C)the dates of the publication or posting; and

(ii)posts, immediately adjacent to the link or address, and brief description described in Subsection (4)(c)(i), a link to, or an address for, a website, with a brief description, containing the sponsors' research, information, and arguments for or against the ballot proposition, proposed initiative, or proposed referendum, if the sponsors provide a link or address within seven calendar days after the day on which the sponsors receive the notice described in Subsection (4)(c)(i); or

(d)a public entity from posting on the public entity's website, or any medium, a complete copy of a proposition information pamphlet described in Section 20A-7-401.5 or a voter information pamphlet.

(5)Subsection

(1)does not prohibit a public entity from taking an action under Title 53G, Chapter 3, Part 3, Creating a New School District, that is necessary for the public entity to seek the creation of a new school district.

Amended by Chapter 448 , 2025 General Session