20A-11-901 (Effective 01/01/11) - Political advertisements -- Requirement that ads designate responsibility and authorization -- Report to lieutenant governor -- Unauthorized use of endorsements.
20A-11-901 (Effective 01/01/11). Political advertisements -- Requirement that adsdesignate responsibility and authorization -- Report to lieutenant governor -- Unauthorizeduse of endorsements.
(1) (a) Whenever any person makes an expenditure for the purpose of financing anadvertisement expressly advocating the election or defeat of a clearly identified candidate, orsolicits any contribution through any broadcasting station, newspaper, magazine, outdooradvertising facility, direct mailing, or any other type of general public political advertising, theadvertisement:
(i) if paid for and authorized by a candidate or the candidate's campaign committee, shallclearly state that the advertisement has been paid for by the candidate or the campaigncommittee;
(ii) if paid for by another person but authorized by a candidate or the candidate'scampaign committee, shall clearly state who paid for the advertisement and that the candidate orthe campaign committee authorized the advertisement; or
(iii) if not authorized by a candidate or his campaign committee, shall clearly state thename of the person who paid for the advertisement and state that the advertisement is notauthorized by any candidate or candidate's committee.
(b) The requirements of Subsection (1)(a) do not apply to:
(i) lawn signs with dimensions of four by eight feet or smaller;
(ii) bumper stickers;
(iii) campaign pins, buttons, and pens; and
(iv) similar small items upon which the disclaimer cannot be conveniently printed.
(2) (a) A person who pays for an electioneering communication shall file a report withthe lieutenant governor within 24 hours of making the payment or entering into a contract tomake the payment.
(b) The report shall include:
(i) the name and street address of the person described in Subsection (2)(a);
(ii) the name and address of each person contributing at least $100 to the persondescribed in Subsection (2)(a) for the purpose of disseminating the electioneeringcommunication;
(iii) the amount spent on the electioneering communication;
(iv) the name of the identified referenced candidate; and
(v) the medium used to disseminate the electioneering communication.
(3) A person may not, in order to promote the success of any candidate for nomination orelection to any public office, or in connection with any question submitted to the voters, includeor cause to be included the name of any person as endorser or supporter in any politicaladvertisement, circular, poster, or publication without the express consent of that person.
(4) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of anynewspaper or other periodical to induce him to advocate or oppose editorially any candidate fornomination or election.
(b) It is unlawful for any owner, editor, publisher, or agent to accept any payment toadvocate or oppose editorially any candidate for nomination or election.
Amended by Chapter 389, 2010 General Session