20A-11-1702. Definitions.

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

Effective 5/7/2025

As used in this part:

(1)"Clearly identified" means:

(a)the name of the candidate appears;

(b)a photograph or drawing of the candidate appears; or

(c)the identity of the candidate or ballot proposition is apparent by unambiguous reference.

(a)"Independent expenditure" means an expenditure by a person expressly advocating the success or defeat of a clearly identified candidate or ballot proposition if the expenditure is not made in coordination with, or at the request or suggestion of:

(i)a candidate;

(ii)a candidate's personal campaign committee;

(iii)a member of a candidate's personal campaign committee;

(iv)a political action committee for which the candidate is an officer with primary decision making authority;

(v)an agent of a candidate; or

(vi)a political issues committee.

(b)"Independent expenditure" includes:

(i)the cost of creating and disseminating material for a public communication, including design and production costs; and

(ii)a contract or other promise to make an expenditure described in Subsection (2)(a) or (2)(b)(i) .

(a)"Public communication" means a communication by:

(i)broadcast, cable, satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank; or

(ii)another medium used for political advertising to the general public.

(b)"Public communication" does not include:

(i)a news story, a commentary, or an editorial disseminated by a broadcasting station, including a cable television operator, programmer, or producer, satellite television or radio provider, website, newspaper, magazine, or other periodical publication, that is not controlled by a candidate or political party; or

(ii)a candidate debate or forum.

(4)"Telephone bank" means 500 or more identical or substantially similar telephone calls within any 30-calendar-day period.

Amended by Chapter 448 , 2025 General Session