As used in this part:

(1) “Applicable election officer” means:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 20A-11-1202

  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
  • Ballot proposition: means constitutional amendments, initiatives, referenda, judicial retention questions, opinion questions, bond approvals, or other questions submitted to the voters for their approval or rejection. See Utah Code 20A-11-1202
  • Candidate: means any person who:
         (4)(a) files a declaration of candidacy for a public office; or
         (4)(b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Commercial interlocal cooperation agency: means an interlocal cooperation agency that receives its revenues from conduct of its commercial operations. See Utah Code 20A-11-1202
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means any of the following when done for political purposes:
              (6)(a)(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;
              (6)(a)(ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;
              (6)(a)(iii) any transfer of funds from another reporting entity to the filing entity;
              (6)(a)(iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
              (6)(a)(v) remuneration from:
                   (6)(a)(v)(A) any organization or its directly affiliated organization that has a registered lobbyist; or
                   (6)(a)(v)(B) any agency or subdivision of the state, including school districts;
              (6)(a)(vi) a loan made by a candidate deposited to the candidate's own campaign; and
              (6)(a)(vii) in-kind contributions. See Utah Code 20A-11-101
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • Election: means each:
         (13)(a) regular general election;
         (13)(b) regular primary election; and
         (13)(c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
  • Expenditure: means :
         (5)(a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
         (5)(b) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
         (5)(c) a transfer of funds between a public entity and a candidate's personal campaign committee;
         (5)(d) a transfer of funds between a public entity and a political issues committee; or
         (5)(e) goods or services provided to or for the benefit of a candidate, a candidate's personal campaign committee, or a political issues committee for political purposes at less than fair market value. See Utah Code 20A-11-1202
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Filing entity: means the same as that term is defined in Section 20A-11-101. See Utah Code 20A-11-1202
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental interlocal cooperation agency: means an interlocal cooperation agency that receives some or all of its revenues from:
         (7)(a) government appropriations;
         (7)(b) taxes;
         (7)(c) government fees imposed for regulatory or revenue raising purposes; or
         (7)(d) interest earned on public funds or other returns on investment of public funds. See Utah Code 20A-11-1202
  • Influence: means to campaign or advocate for or against a ballot proposition. See Utah Code 20A-11-1202
  • Interlocal cooperation agency: means an entity created by interlocal agreement under the authority of Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 20A-11-1202
  • Loan: means any of the following provided by a person that benefits a filing entity if the person expects repayment or reimbursement:
         (28)(a) an expenditure made using any form of payment;
         (28)(b) money or funds received by the filing entity;
         (28)(c) the provision of a good or service with an agreement or understanding that payment or reimbursement will be delayed; or
         (28)(d) use of any line of credit. See Utah Code 20A-11-101
  • Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a special district election, and a bond election. See Utah Code 20A-1-102
  • Municipality: means a city or town. See Utah Code 20A-1-102
  • Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • Personal campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
  • Political issues committee: means an entity, or any group of individuals or entities within or outside this state, a major purpose of which is to:
              (39)(a)(i) solicit or receive donations from any other person, group, or entity to assist in placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
              (39)(a)(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any proposed ballot proposition or an incorporation in an incorporation election; or
              (39)(a)(iii) make expenditures to assist in qualifying or placing a ballot proposition on the ballot or to assist in keeping a ballot proposition off the ballot. See Utah Code 20A-11-101
  • Political purposes: means an act done with the intent or in a way to influence or intend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:
         (10)(a) candidate for public office at any caucus, political convention, primary, or election; or
         (10)(b) judge standing for retention at any election. See Utah Code 20A-11-1202
  • Public entity: includes the state, each state agency, each county, municipality, school district, special district, governmental interlocal cooperation agency, and each administrative subunit of each of them. See Utah Code 20A-11-1202
  • Public funds: means any money received by a public entity from appropriations, taxes, fees, interest, or other returns on investment. See Utah Code 20A-11-1202
  • Public office: means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
  • Registered lobbyist: means a person licensed under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act. See Utah Code 20A-11-101
  • Remuneration: means a payment:
              (53)(a)(i) made to a legislator for the period the Legislature is in session; and
              (53)(a)(ii) that is approximately equivalent to an amount a legislator would have earned during the period the Legislature is in session in the legislator's ordinary course of business. See Utah Code 20A-11-101
  • Reporting entity: means the same as that term is defined in Section 20A-11-101. See Utah Code 20A-11-1202
  • Special district: includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-11-1202
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State agency: includes the legislative branch, the Utah Board of Higher Education, each institution of higher education board of trustees, and each higher education institution. See Utah Code 20A-11-1202
     (1)(a) a county clerk, if the email relates only to a local election; or
     (1)(b) the lieutenant governor, if the email relates to an election other than a local election.
(2) “Ballot proposition” means constitutional amendments, initiatives, referenda, judicial retention questions, opinion questions, bond approvals, or other questions submitted to the voters for their approval or rejection.
(3) “Campaign contribution” means any of the following when done for a political purpose or to advocate for or against a ballot proposition:

     (3)(a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value given to a filing entity;
     (3)(b) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything of value to a filing entity;
     (3)(c) any transfer of funds from another reporting entity to a filing entity;
     (3)(d) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
     (3)(e) remuneration from:

          (3)(e)(i) any organization or the organization’s directly affiliated organization that has a registered lobbyist; or
          (3)(e)(ii) any agency or subdivision of the state, including a school district; or
     (3)(f) an in-kind contribution.
(4)

     (4)(a) “Commercial interlocal cooperation agency” means an interlocal cooperation agency that receives its revenues from conduct of its commercial operations.
     (4)(b) “Commercial interlocal cooperation agency” does not mean an interlocal cooperation agency that receives some or all of its revenues from:

          (4)(b)(i) government appropriations;
          (4)(b)(ii) taxes;
          (4)(b)(iii) government fees imposed for regulatory or revenue raising purposes; or
          (4)(b)(iv) interest earned on public funds or other returns on investment of public funds.
(5) “Expenditure” means:

     (5)(a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
     (5)(b) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
     (5)(c) a transfer of funds between a public entity and a candidate‘s personal campaign committee;
     (5)(d) a transfer of funds between a public entity and a political issues committee; or
     (5)(e) goods or services provided to or for the benefit of a candidate, a candidate’s personal campaign committee, or a political issues committee for political purposes at less than fair market value.
(6) “Filing entity” means the same as that term is defined in Section 20A-11-101.
(7) “Governmental interlocal cooperation agency” means an interlocal cooperation agency that receives some or all of its revenues from:

     (7)(a) government appropriations;
     (7)(b) taxes;
     (7)(c) government fees imposed for regulatory or revenue raising purposes; or
     (7)(d) interest earned on public funds or other returns on investment of public funds.
(8) “Influence” means to campaign or advocate for or against a ballot proposition.
(9) “Interlocal cooperation agency” means an entity created by interlocal agreement under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
(10) “Political purposes” means an act done with the intent or in a way to influence or intend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:

     (10)(a) candidate for public office at any caucus, political convention, primary, or election; or
     (10)(b) judge standing for retention at any election.
(11) “Proposed initiative” means an initiative proposed in an application filed under Section 20A-7-202 or 20A-7-502.
(12) “Proposed referendum” means a referendum proposed in an application filed under Section 20A-7-302 or 20A-7-602.
(13)

     (13)(a) “Public entity” includes the state, each state agency, each county, municipality, school district, special district, governmental interlocal cooperation agency, and each administrative subunit of each of them.
     (13)(b) “Public entity” does not include a commercial interlocal cooperation agency.
     (13)(c) “Public entity” includes local health departments created under Title 26A, Local Health Authorities.
(14)

     (14)(a) “Public funds” means any money received by a public entity from appropriations, taxes, fees, interest, or other returns on investment.
     (14)(b) “Public funds” does not include money donated to a public entity by a person or entity.
(15)

     (15)(a) “Public official” means an elected or appointed member of government with authority to make or determine public policy.
     (15)(b) “Public official” includes the person or group that:

          (15)(b)(i) has supervisory authority over the personnel and affairs of a public entity; and
          (15)(b)(ii) approves the expenditure of funds for the public entity.
(16) “Reporting entity” means the same as that term is defined in Section 20A-11-101.
(17)

     (17)(a) “Special district” means an entity under Title 17B, Limited Purpose Local Government Entities – Special Districts.
     (17)(b) “Special district” includes a special service district under Title 17D, Chapter 1, Special Service District Act.
(18)

     (18)(a) “State agency” means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
     (18)(b) “State agency” includes the legislative branch, the Utah Board of Higher Education, each institution of higher education board of trustees, and each higher education institution.