Utah Code 20A-11-1206. Exclusions
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(1) Nothing in this chapter prohibits a public official from speaking, campaigning, contributing personal money, or otherwise exercising the public official’s individual First Amendment rights for political purposes.
Terms Used In Utah Code 20A-11-1206
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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
- Elected official: means :(18)(a) a person elected to an office under Section
20A-1-303 or Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project;(18)(b) a person who is considered to be elected to a municipal office in accordance with Subsection20A-1-206 (1)(c)(ii); or(18)(c) a person who is considered to be elected to a special district office in accordance with Subsection20A-1-206 (3)(b)(ii). See Utah Code 20A-1-102 - Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Individual: means a natural person. See Utah Code 20A-11-101
- 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 - 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
- Proposed initiative: means an initiative proposed in an application filed under Section 20A-7-202 or 20A-7-502. See Utah Code 20A-11-1202
- Proposed referendum: means a referendum proposed in an application filed under Section 20A-7-302 or 20A-7-602. 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 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. See Utah Code 20A-11-1202
(2)
(2)(a) Subject to Subsection (2)(b), nothing in this chapter prohibits a public entity from providing factual information about a ballot proposition to the public, so long as the information grants equal access to both the opponents and proponents of the ballot proposition.
(2)(b) A county or municipality may not provide any information to the public about a proposed initiative, initiative, proposed referendum, or referendum unless the county or municipality:
(2)(b)(i) provides the information in a manner required, or expressly permitted, by law; or
(2)(b)(ii) is directly providing information solely to a person or a group of people in response to a question asked by the person or group of people.
(3) Nothing in this chapter prohibits a public entity from the neutral encouragement of voters to vote.
(4) Nothing in this chapter prohibits an elected official from campaigning or advocating for or against a ballot proposition.
(5) Subject to Subsection (6), a county or municipality may expend a reasonable amount of public funds to:
(5)(a) prepare and publish a written argument or written rebuttal argument in accordance with Section 20A-7-401.5, 20A-7-402, or 59-1-1604; or
(6) A county or municipality may not:
(6)(a) publish an argument or rebuttal argument prepared under Section 20A-7-401.5 or 20A-7-402, unless, at the same time and in the same manner, the county or municipality publishes each opposing argument and rebuttal argument that:
(6)(a)(i) relates to the same proposed initiative, initiative, proposed referendum, or referendum; and
(6)(a)(ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402;
(6)(b) publish an argument or rebuttal argument for or against a proposed initiative, initiative, proposed referendum, or referendum that was not prepared and submitted in accordance with Section 20A-7-401.5 or 20A-7-402; or
(6)(c) present an argument or rebuttal argument for or against a proposed initiative, initiative, proposed referendum, or referendum at a public meeting, unless the county or municipality provides equal opportunity for persons to present opposing arguments and rebuttal arguments at the public meeting.