1     
POLITICAL ADVERTISING AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Deidre M. Henderson

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7     LONG TITLE
8     General Description:
9          This bill requires a person that makes an expenditure for certain advertisements relating
10     to a ballot proposition to disclose the person's identity in the advertisement.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a person that makes an expenditure for certain advertisements relating to a
14     ballot proposition to disclose the person's identity in the advertisement; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          20A-11-901, as last amended by Laws of Utah 2012, Chapter 230
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 20A-11-901 is amended to read:
26          20A-11-901. Political advertisements -- Requirement that ads designate
27     responsibility and authorization -- Report to lieutenant governor -- Unauthorized use of
28     endorsements.
29          (1) (a) Whenever any person makes an expenditure for the purpose of financing an
30     advertisement expressly advocating for the election or defeat of a clearly identified candidate,
31     or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor
32     advertising facility, direct mailing, or any other type of general public political advertising, the
33     advertisement:
34          (i) if paid for and authorized by a candidate or the candidate's campaign committee,
35     shall clearly state that the advertisement has been paid for by the candidate or the campaign
36     committee;
37          (ii) if paid for by another person but authorized by a candidate or the candidate's
38     campaign committee, shall clearly state who paid for the advertisement and that the candidate
39     or the campaign committee authorized the advertisement; or
40          (iii) if not authorized by a candidate or [his] a candidate's campaign committee, shall
41     clearly state the name of the person who paid for the advertisement and state that the
42     advertisement is not authorized by any candidate or candidate's committee.
43          (2) (a) A person that makes an expenditure for the purpose of financing an
44     advertisement related to a ballot proposition shall ensure that the advertisement complies with
45     Subsection (2)(b) if the advertisement expressly advocates:
46          (i) for placing a ballot proposition on the ballot;
47          (ii) for keeping a ballot proposition off the ballot;
48          (iii) that a voter refrain from voting on a ballot proposition; or
49          (iv) that a voter vote for or against a ballot proposition.
50          (b) An advertisement described in Subsection (2)(a) shall:
51          (i) if paid for by a political issues committee, clearly state that the advertisement was
52     paid for by the political issues committee;
53          (ii) if paid for by another person but authorized by a political issues committee, clearly
54     state who paid for the advertisement and that the political issues committee authorized the
55     advertisement; or
56          (iii) if not authorized by a political issues committee, clearly state the name of the
57     person who paid for the advertisement and state that the advertisement is not authorized by any
58     political issues committee.
59          [(b)] (3) The requirements of [Subsection] Subsections (1)[(a)] and (2) do not apply to:
60          [(i)] (a) lawn signs with dimensions of four by eight feet or smaller;
61          [(ii)] (b) bumper stickers;
62          [(iii)] (c) campaign pins, buttons, and pens; [and] or
63          [(iv)] (d) similar small items upon which the disclaimer cannot be conveniently
64     printed.
65          [(2)] (4) (a) A person who is not a reporting entity and pays for an electioneering
66     communication shall file a report with the lieutenant governor within 24 hours of making the
67     payment or entering into a contract to make the payment.
68          (b) The report shall include:
69          (i) the name and address of the person described in Subsection [(2)] (4)(a);
70          (ii) the name and address of each person contributing at least $100 to the person
71     described in Subsection [(2)] (4)(a) for the purpose of disseminating the electioneering
72     communication;
73          (iii) the amount spent on the electioneering communication;
74          (iv) the name of the identified referenced candidate; and
75          (v) the medium used to disseminate the electioneering communication.
76          [(3)] (5) A person may not, in order to promote the success of any candidate for
77     nomination or election to any public office, or in connection with any question submitted to the
78     voters, include or cause to be included the name of any person as endorser or supporter in any
79     political advertisement, circular, poster, or publication without the express consent of that
80     person.
81          [(4)] (6) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of
82     any newspaper or other periodical to induce him to advocate or oppose editorially any
83     candidate for nomination or election.
84          (b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
85     advocate or oppose editorially any candidate for nomination or election.