20A-11-101 (Effective 01/01/11) - Definitions. - Utah Statutes

20A-11-101 (Effective 01/01/11). Definitions.
As used in this chapter:
(1) "Address" means the number and street where an individual resides or where areporting entity has its principal office.
(2) "Ballot proposition" includes initiatives, referenda, proposed constitutionalamendments, and any other ballot propositions submitted to the voters that are authorized by theUtah Code Annotated 1953.
(3) "Candidate" means any person who:
(a) files a declaration of candidacy for a public office; or
(b) receives contributions, makes expenditures, or gives consent for any other person toreceive contributions or make expenditures to bring about the person's nomination or election toa public office.
(4) "Chief election officer" means:
(a) the lieutenant governor for state office candidates, legislative office candidates,officeholders, political parties, political action committees, corporations, political issuescommittees, state school board candidates, judges, and labor organizations, as defined in Section20A-11-1501; and
(b) the county clerk for local school board candidates.
(5) (a) "Contribution" means any of the following when done for political purposes:
(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of valuegiven to the filing entity;
(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 anythingof value to the filing entity;
(iii) any transfer of funds from another reporting entity to the filing entity;
(iv) compensation paid by any person or reporting entity other than the filing entity forpersonal services provided without charge to the filing entity;
(v) remuneration from:
(A) any organization or its directly affiliated organization that has a registered lobbyist;or
(B) any agency or subdivision of the state, including school districts; and
(vi) goods or services provided to or for the benefit of the filing entity at less than fairmarket value.
(b) "Contribution" does not include:
(i) services provided without compensation by individuals volunteering a portion or allof their time on behalf of the filing entity;
(ii) money lent to the filing entity by a financial institution in the ordinary course ofbusiness; or
(iii) goods or services provided for the benefit of a candidate or political party at lessthan fair market value that are not authorized by or coordinated with the candidate or politicalparty.
(6) "Coordinated with" means that goods or services provided for the benefit of acandidate or political party are provided:
(a) with the candidate's or political party's prior knowledge, if the candidate or politicalparty does not object;

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(b) by agreement with the candidate or political party;
(c) in coordination with the candidate or political party; or
(d) using official logos, slogans, and similar elements belonging to a candidate orpolitical party.
(7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, businessorganization that is registered as a corporation or is authorized to do business in a state andmakes any expenditure from corporate funds for:
(i) the purpose of expressly advocating for political purposes; or
(ii) the purpose of expressly advocating the approval or the defeat of any ballotproposition.
(b) "Corporation" does not mean:
(i) a business organization's political action committee or political issues committee; or
(ii) a business entity organized as a partnership or a sole proprietorship.
(8) "Detailed listing" means:
(a) for each contribution or public service assistance:
(i) the name and address of the individual or source making the contribution or publicservice assistance;
(ii) the amount or value of the contribution or public service assistance; and
(iii) the date the contribution or public service assistance was made; and
(b) for each expenditure:
(i) the amount of the expenditure;
(ii) the person or entity to whom it was disbursed;
(iii) the specific purpose, item, or service acquired by the expenditure; and
(iv) the date the expenditure was made.
(9) "Election" means each:
(a) regular general election;
(b) regular primary election; and
(c) special election at which candidates are eliminated and selected.
(10) "Electioneering communication" means a communication that:
(a) has at least a value of $10,000;
(b) clearly identifies a candidate or judge; and
(c) is disseminated through the Internet, newspaper, magazine, outdoor advertisingfacility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearlyidentified candidate's or judge's election date.
(11) (a) "Expenditure" means:
(i) any disbursement from contributions, receipts, or from the separate bank accountrequired by this chapter;
(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, oranything of value made for political purposes;
(iii) an express, legally enforceable contract, promise, or agreement to make anypurchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything ofvalue for political purposes;
(iv) compensation paid by a filing entity for personal services rendered by a personwithout charge to a reporting entity;
(v) a transfer of funds between the filing entity and a candidate's personal campaign

committee; or
(vi) goods or services provided by the filing entity to or for the benefit of anotherreporting entity for political purposes at less than fair market value.
(b) "Expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or allof their time on behalf of a reporting entity;
(ii) money lent to a reporting entity by a financial institution in the ordinary course ofbusiness; or
(iii) anything listed in Subsection (11)(a) that is given by a reporting entity to candidatesfor office or officeholders in states other than Utah.
(12) "Filing entity" means the reporting entity that is required to file a financial statementrequired by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
(13) "Financial statement" includes any summary report, interim report, verified financialstatement, or other statement disclosing contributions, expenditures, receipts, donations, ordisbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
(14) "Governing board" means the individual or group of individuals that determine thecandidates and committees that will receive expenditures from a political action committee,political party, or corporation.
(15) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,Incorporation, by which a geographical area becomes legally recognized as a city or town.
(16) "Incorporation election" means the election authorized by Section 10-2-111.
(17) "Incorporation petition" means a petition authorized by Section 10-2-109.
(18) "Individual" means a natural person.
(19) "Interim report" means a report identifying the contributions received andexpenditures made since the last report.
(20) "Legislative office" means the office of state senator, state representative, speaker ofthe House of Representatives, president of the Senate, and the leader, whip, and assistant whip ofany party caucus in either house of the Legislature.
(21) "Legislative office candidate" means a person who:
(a) files a declaration of candidacy for the office of state senator or state representative;
(b) declares oneself to be a candidate for, or actively campaigns for, the position ofspeaker of the House of Representatives, president of the Senate, or the leader, whip, andassistant whip of any party caucus in either house of the Legislature; or
(c) receives contributions, makes expenditures, or gives consent for any other person toreceive contributions or make expenditures to bring about the person's nomination or election toa legislative office.
(22) "Officeholder" means a person who holds a public office.
(23) "Party committee" means any committee organized by or authorized by thegoverning board of a registered political party.
(24) "Person" means both natural and legal persons, including individuals, businessorganizations, personal campaign committees, party committees, political action committees,political issues committees, and labor organizations, as defined in Section 20A-11-1501.
(25) "Personal campaign committee" means the committee appointed by a candidate toact for the candidate as provided in this chapter.
(26) "Personal use expenditure" has the same meaning as provided under Section

20A-11-104.
(27) (a) "Political action committee" means an entity, or any group of individuals orentities within or outside this state, a major purpose of which is to:
(i) solicit or receive contributions from any other person, group, or entity for politicalpurposes; or
(ii) make expenditures to expressly advocate for any person to refrain from voting or tovote for or against any candidate or person seeking election to a municipal or county office.
(b) "Political action committee" includes groups affiliated with a registered politicalparty but not authorized or organized by the governing board of the registered political party thatreceive contributions or makes expenditures for political purposes.
(c) "Political action committee" does not mean:
(i) a party committee;
(ii) any entity that provides goods or services to a candidate or committee in the regularcourse of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checkingaccount;
(v) a corporation, except a corporation a major purpose of which is to act as a politicalaction committee; or
(vi) a personal campaign committee.
(28) "Political convention" means a county or state political convention held by aregistered political party to select candidates.
(29) (a) "Political issues committee" means an entity, or any group of individuals orentities within or outside this state, a major purpose of which is to:
(i) solicit or receive donations from any other person, group, or entity to assist in placinga ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or toadvocate that a voter refrain from voting or vote for or vote against any ballot proposition;
(ii) make expenditures to expressly advocate for any person to sign or refuse to sign aballot proposition or incorporation petition or refrain from voting, vote for, or vote against anyproposed ballot proposition or an incorporation in an incorporation election; or
(iii) make expenditures to assist in qualifying or placing a ballot proposition on the ballotor to assist in keeping a ballot proposition off the ballot.
(b) "Political issues committee" does not mean:
(i) a registered political party or a party committee;
(ii) any entity that provides goods or services to an individual or committee in the regularcourse of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checkingaccount; or
(v) a corporation, except a corporation a major purpose of which is to act as a politicalissues committee.
(30) (a) "Political issues contribution" means any of the following:
(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money oranything of value given to a political issues committee;
(ii) an express, legally enforceable contract, promise, or agreement to make a political

issues donation to influence the approval or defeat of any ballot proposition;
(iii) any transfer of funds received by a political issues committee from a reporting entity;
(iv) compensation paid by another reporting entity for personal services rendered withoutcharge to a political issues committee; and
(v) goods or services provided to or for the benefit of a political issues committee at lessthan fair market value.
(b) "Political issues contribution" does not include:
(i) services provided without compensation by individuals volunteering a portion or allof their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinarycourse of business.
(31) (a) "Political issues expenditure" means any of the following:
(i) any payment from political issues contributions made for the purpose of influencingthe approval or the defeat of:
(A) a ballot proposition; or
(B) an incorporation petition or incorporation election;
(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made forthe express purpose of influencing the approval or the defeat of:
(A) a ballot proposition; or
(B) an incorporation petition or incorporation election;
(iii) an express, legally enforceable contract, promise, or agreement to make any politicalissues expenditure;
(iv) compensation paid by a reporting entity for personal services rendered by a personwithout charge to a political issues committee; or
(v) goods or services provided to or for the benefit of another reporting entity at less thanfair market value.
(b) "Political issues expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or allof their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinarycourse of business.
(32) "Political purposes" means an act done with the intent or in a way to influence ortend to influence, directly or indirectly, any person to refrain from voting or to vote for or againstany candidate or a person seeking a municipal or county office at any caucus, politicalconvention, or election.
(33) "Primary election" means any regular primary election held under the election laws.
(34) "Public office" means the office of governor, lieutenant governor, state auditor, statetreasurer, attorney general, state or local school board member, state senator, state representative,speaker of the House of Representatives, president of the Senate, and the leader, whip, andassistant whip of any party caucus in either house of the Legislature.
(35) (a) "Public service assistance" means the following when given or provided to anofficeholder to defray the costs of functioning in a public office or aid the officeholder tocommunicate with the officeholder's constituents:
(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit ofmoney or anything of value to an officeholder; or

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(ii) goods or services provided at less than fair market value to or for the benefit of theofficeholder.
(b) "Public service assistance" does not include:
(i) anything provided by the state;
(ii) services provided without compensation by individuals volunteering a portion or allof their time on behalf of an officeholder;
(iii) money lent to an officeholder by a financial institution in the ordinary course ofbusiness;
(iv) news coverage or any publication by the news media; or
(v) any article, story, or other coverage as part of any regular publication of anyorganization unless substantially all the publication is devoted to information about theofficeholder.
(36) "Publicly identified class of individuals" means a group of 50 or more individualssharing a common occupation, interest, or association that contribute to a political actioncommittee or political issues committee and whose names can be obtained by contacting thepolitical action committee or political issues committee upon whose financial statement theindividuals are listed.
(37) "Receipts" means contributions and public service assistance.
(38) "Registered lobbyist" means a person registered under Title 36, Chapter 11,Lobbyist Disclosure and Regulation Act.
(39) "Registered political action committee" means any political action committee that isrequired by this chapter to file a statement of organization with the lieutenant governor's office.
(40) "Registered political issues committee" means any political issues committee that isrequired by this chapter to file a statement of organization with the lieutenant governor's office.
(41) "Registered political party" means an organization of voters that:
(a) participated in the last regular general election and polled a total vote equal to 2% ormore of the total votes cast for all candidates for the United States House of Representatives forany of its candidates for any office; or
(b) has complied with the petition and organizing procedures of Chapter 8, Political PartyFormation and Procedures.
(42) (a) "Remuneration" means a payment:
(i) made to a legislator for the period the Legislature is in session; and
(ii) that is approximately equivalent to an amount a legislator would have earned duringthe period the Legislature is in session in the legislator's ordinary course of business.
(b) "Remuneration" does not mean anything of economic value given to a legislator by:
(i) the legislator's primary employer in the ordinary course of business; or
(ii) a person or entity in the ordinary course of business:
(A) because of the legislator's ownership interest in the entity; or
(B) for services rendered by the legislator on behalf of the person or entity.
(43) "Reporting entity" means a candidate, a candidate's personal campaign committee, ajudge, a judge's personal campaign committee, an officeholder, a party committee, a politicalaction committee, a political issues committee, a corporation, or a labor organization, as definedin Section 20A-11-1501.
(44) "School board office" means the office of state school board or local school board.
(45) (a) "Source" means the person or entity that is the legal owner of the tangible or

intangible asset that comprises the contribution.
(b) "Source" means, for political action committees and corporations, the political actioncommittee and the corporation as entities, not the contributors to the political action committeeor the owners or shareholders of the corporation.
(46) "State office" means the offices of governor, lieutenant governor, attorney general,state auditor, and state treasurer.
(47) "State office candidate" means a person who:
(a) files a declaration of candidacy for a state office; or
(b) receives contributions, makes expenditures, or gives consent for any other person toreceive contributions or make expenditures to bring about the person's nomination or election toa state office.
(48) "Summary report" means the year end report containing the summary of a reportingentity's contributions and expenditures.
(49) "Supervisory board" means the individual or group of individuals that allocateexpenditures from a political issues committee.

Amended by Chapter 197, 2010 General Session
Amended by Chapter 246, 2010 General Session
Amended by Chapter 389, 2010 General Session