HB 112 — Political Advertising Amendments

HB0112S03 compared with HB0112S01HB0112 {Omitted text} shows text that was in HB0112S01HB0112 but was omitted in HB0112S03 inserted text shows text that was not in HB0112S01HB0112 but was inserted into HB0112S03 DISCLAIMER:

▸ {clarifies campaign finance disclosure requirements when more than one person pays for a single political advertisement;} ▸ authorizes an election officer to impose a monetary fine against a person who violatHsviolates certain provisions related to political {advertisements;

▸ includes a coordination clause to add a cross-reference to a subsection enacted in H.B.HHB.

33, S Political Signs Amendments, that amends the same section that this bill amends;

and 1B HB0112S01 compared with HB0112S03 ▸ makes technical and conforming changes.

1 Money Appropriated in this Bill:

HB0112 compared with HB0112S03 None Other Special Clauses:

- 2 - HB0112S01 compared with HB0112S03 (d) a member of the personal campaign committee of a candidate or officeholder in the member's capacity as a member of the personal campaign committee of the candidate or officeholder;

or - 2 - HB0112 compared with HB0112S03 (e) a political consultant of a reporting entity.

- 3 - HB0112S01 compared with HB0112S03 (b) "Contribution" does not include:

- 3 - HB0112 compared with HB0112S03 (i) services provided by individuals volunteering a portion or all of their time on behalf of the filing entity if the services are provided without compensation by the filing entity or any other person;

- 4 - HB0112S01 compared with HB0112S03 (ii) the amount or value of the contribution or public service assistance;

and - 4 - HB0112 compared with HB0112S03 (iii) the date the contribution or public service assistance was made;

- 5 - HB0112S01HB0112 compared with HB0112S03 (iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;

- 6 - HB0112S01HB0112 compared with HB0112S03 (b) "In-kind contribution" does not include survey results, voter lists, voter contact information, demographic data, voting trend data, or other information that:

- 7 - HB0112S01HB0112 compared with HB0112S03 [(31)] (33) "Party committee" means any committee organized by or authorized by the governing board of a registered political party.

- 8 - HB0112S01HB0112 compared with HB0112S03 (b) "Political consultant" includes a circumstance described in Subsection [(36)(a)] (38)(a), where the person:

- 9 - HB0112S01HB0112 compared with HB0112S03 (A) associate together for the purpose of challenging or supporting a single ballot proposition, ordinance, or other governmental action by a county, city, town, special district, special service district, or other local political subdivision of the state;

- 10 - HB0112S01HB0112 compared with HB0112S03 (i) any payment from political issues contributions made for the purpose of influencing the approval or the defeat of:

or - 11 - HB0112S01HB0112 compared with HB0112S03 (ii) an interview of a focus group that is conducted, in person, by one individual, if:

- 12 - HB0112S01HB0112 compared with HB0112S03 [(50)] (52) "Registered political action committee" means any political action committee that is required by this chapter to file a statement of organization with the Office of the Lieutenant Governor.

- 13 - HB0112S01HB0112 compared with HB0112S03 [(57)] (59) "State office" means the offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer.

{(1) As used in this section:} {(a)} {(i) "Advertisement" means a communication disseminated through:} {(A) the internet,Internet, a social media platform, newspaper, magazine, outdoor advertising facility, direct mailing, or a broadcast, cable, or satellite provider;

or} {(ii) a city attorney under Section 10-3-928.} {[(1){]} {(2)} } [(a)] Whenever any person makes an expenditure for the purpose of financing an advertisement expressly advocating for the election or defeat of a clearly identified candidate, or solicits any contribution through [any broadcasting station, newspaper, magazine, outdoor advertising facility, - 14 - HB0112S01HB0112 compared with HB0112S03 direct mailing, or any other type of general public political advertising] an advertisement, the advertisement shall:

{(b)}{[(2){]} {(i){(3)} An} advertisement(a) describedA inperson Subsection (2)(a) that ismakes paidan for,expenditure infor whole or in part, by more than one person, satisfies the requirementspurpose of Subsectionfinancing (2)(a)an if the advertisement includesrelated to a singleballot statementproposition that:}shall {(A)ensure identifiesthat eachthe personadvertisement whocomplies madewith anSubsection expenditure{[(2)(b){]} to(3)(b)} payif for any portion of the costadvertisement toexpressly produceadvocates: or disseminate the advertisement;

and} {(B) includes the authorization statement described in Subsection (2)(a)(ii) or (iii), as applicable.} {(ii) An advertisement described in Subsection (2)(b)(i) is not required to include separate or additional disclosure statements based solely on the manner in which the advertisement's costs were divided among persons.} {[(2){]} {(3)} } (a) A person that makes an expenditure for the purpose of financing an advertisement related to a ballot proposition shall ensure that the advertisement complies with Subsection {[(2)(b){]} (3)(b)} if the advertisement expressly advocates:

- 15 - HB0112S01 compared with HB0112S03 (i) if paid for by a political issues committee, clearly state that the advertisement was paid for by the political issues committee;

{(c)}{[(3){]} {(i){(4)} An} advertisementThe described in Subsection (3)(a) that is paid for, in whole or in part, by more than one person, satisfies the requirements of SubsectionSubsections (3)(b){[(1){]} if(2)} theand advertisement{[(2){]} includes(3)} ado singlenot statementapply that:}to: {(A) identifies each person who made an expenditure to pay for any portion of the cost to produce or disseminate the advertisement;

and} {(B) includes the authorization statement described in Subsection (3)(b)(ii) or (iii), as applicable.} {(ii) An advertisement described in Subsection (3)(c)(i) is not required to include separate or additional disclosure statements based solely on the manner in which the advertisement's costs were divided among persons.} {[(3){]} {(4)} } The requirements of Subsections {[(1){]} (2)} and {[(2){]} (3)} do not apply to:

or - 15 - HB0112 compared with HB0112S03 (d) similar small items upon which the disclaimer cannot be conveniently printed.

- 16 - HB0112S01 compared with HB0112S03 (iv) the name of the identified referenced candidate;

or - 16 - HB0112 compared with HB0112S03 (D) {state } school boardoffice.

or - 17 - HB0112S01 compared with HB0112S03 (ii) a citywide or townwide local ballot proposition.

- 17 - HB0112 compared with HB0112S03 "(a) if the fine relates to a violation of Subsection (1), (2), or (3), may be imposed only once per advertisement, regardless of the number of times the advertisement is disseminated;