1     
POLITICAL ACTIVITIES OF PUBLIC ENTITIES

2     
AMENDMENTS

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Brad M. Daw

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     Committee Note:
10          The Government Operations Interim Committee recommended this bill.
11     General Description:
12          This bill amends provisions relating to political activities of a public entity.
13     Highlighted Provisions:
14          This bill:
15          ▸     prohibits a person from using the email of a public entity or, subject to certain
16     exceptions, certain media owned or managed by a public entity for a political
17     purpose;
18          ▸     expands the definition of a political purpose in relation to a petition for a ballot
19     proposition;
20          ▸     provides for the appeal of a fine imposed under this bill; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          20A-11-1205, as enacted by Laws of Utah 2015, Chapter 435
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 20A-11-1205 is amended to read:
32          20A-11-1205. Use of public email or other media for a political purpose.
33          (1) As used in this section, "political purpose" means an act done with the intent or in a
34     way to:
35          (a) influence or tend to influence, directly or indirectly, any person to refrain from
36     voting or to vote for or against any:
37          (i) candidate or a person seeking a municipal or county office at any caucus, political
38     convention, or election; or
39          (ii) judge standing for retention at any election; or
40          (b) advocate for or against a ballot proposition or a petition for a ballot proposition.
41          [(1)] (2) Except as provided in Subsection [(5)] (6), a person may not [send an email
42     using the email of a public entity, for a political purpose or to advocate for or against a ballot
43     proposition.] do any of the following for a political purpose:
44          (a) send an email using the email of a public entity; or
45          (b) post to social media using a social media account owned or managed by a public
46     entity.
47          [(2)] (3) The applicable election officer shall impose a civil fine against a person who
48     violates Subsection [(1)] (2) as follows:
49          (a) up to $250 for a first violation; and
50          (b) except as provided in Subsection [(3)] (4), for each subsequent violation committed
51     after any applicable election officer imposes a fine against the person for a first violation,
52     $1,000 multiplied by the number of violations committed by the person.
53          [(3)] (4) The applicable election officer shall consider a violation of this section as a
54     first violation if the violation is committed more than seven years after the day on which the
55     person last committed a violation of this section.
56          [(4)] (5) For purposes of an email sent in violation of this section, one violation means
57     one act of sending an email, regardless of the number of recipients of the email.
58          [(5)] (6) (a) A person does not violate this section if the [lieutenant governor] election
59     officer finds that the email described in Subsection [(1)] (2) was inadvertently sent, as a reply
60     to an email received by the person described in Subsection [(1)] (2), using the email of a public
61     entity.
62          (b) Subsection (2) does not prohibit a person from, for a political purpose, responding
63     to a post originating from a social media account owned or managed by a public entity, if the
64     person responds using an account other than an account owned or managed by a public entity.
65          (7) (a) A person against whom an election officer imposes a fine under this section
66     shall pay the fine no later than 30 days after the day on which the election officer imposes the
67     fine.
68          (b) A person against whom an election officer imposes a fine under this section may
69     appeal the fine in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
70          [(6)] (8) A violation of this section does not invalidate an otherwise valid election.




Legislative Review Note
Office of Legislative Research and General Counsel