HB 33 — Political Signs Amendments

HB0033S01Enrolled comparedCopy withH.B. HB0033 {Omitted text} shows text that was in HB0033 but was omitted in HB0033S01 inserted text shows text that was not in HB0033 but was inserted into HB0033S01 DISCLAIMER:

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Political Signs Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

Teuscher Senate Sponsor:EvanSponsor: J.

Evan J.

▸ creates an exception to political advertising disclosure requirements for certain candidate-candidate-paid paid political signs;

● attaching a political sign to a utility pole, light pole, an electric utility box, a traffic control H device, or any railroad sign or signal;

or B ● affixing an object to a political sign for the purpose of blocking, concealing, or misrepresenting the message or image on the political sign;

3 HB0033 compared with HB0033S01 ▸ expands existing criminal penalties for defacing political signs to cover the conduct described above, and specifies exceptions for:

or ●H.B. a person who removes a political sign that is attached to a utility pole, light pole, an electric utility box, a traffic control device, or any railroad sign or signal;

33 Enrolled Copy ● a person who removes a political sign that is attached to a utility pole, light pole, an electric utility box, a traffic control device, or any railroad sign or signal;

{and} ▸ prohibits a county or municipality from prohibiting a property owner or lawful occupant of property adjacent to a park strip from posting a political sign on the park strip;

20A-11-901 (Effective 01/01/27), as last amended by Laws of Utah 2022, Chapter 18 - 2 - HB0033 compared with HB0033S01 20A-17-102 (Effective 05/06/26), as enacted by Laws of Utah 2014, Chapter 238 20A-17-103 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 15 ENACTS:

20A-11-901.20A-11-901 (Effective 01/01/27).

Political advertisements -- Requirement that ads designate responsibility and authorization -- Report to lieutenant governor -- Unauthorized- use2 of- endorsements.Enrolled Copy H.B.

(1)33 (a)Unauthorized Wheneveruse any person makes an expenditure for the purpose of financingendorsements. 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, direct mailing, or any other type of general public political advertising, the advertisement:

(i)(1)(a) ifWhenever paidany person makes an expenditure for andthe authorizedpurpose byof afinancing candidatean oradvertisement expressly advocating for the candidate'selection campaignor committee,defeat shallof {[clearlya state{]}clearly disclose}identified thatcandidate, theor advertisementsolicits hasany beencontribution paidthrough forany bybroadcasting thestation, candidatenewspaper, magazine, outdoor advertising facility, direct mailing, or theany campaignother committee;type of general public political advertising, the advertisement:

(ii)(i) if paid for byand another person but authorized by a candidate or the candidate's campaign committee, shall {[clearlyclearly state{]}state disclose}that whothe paidadvertisement forhas thebeen advertisementpaid andfor thatby the candidate or the campaign committeecommittee; authorized the advertisement;

or(ii) (iii) if notpaid for by another person but authorized by a candidate or athe candidate's campaign committee, shall {[clearlyclearly state{]}state disclose} the name of the person who paid for the advertisement and state that the advertisementcandidate isor notthe authorizedcampaign bycommittee anyauthorized candidatethe oradvertisement; candidate's committee.

(2)or (a)(iii) Aif personnot thatauthorized makesby ana expenditurecandidate foror a candidate's campaign committee, shall clearly state the purposename of financingthe anperson advertisementwho relatedpaid tofor athe ballotadvertisement propositionand shallstate ensure that the advertisement compliesis withnot Subsectionauthorized (2)(b)by ifany thecandidate advertisementor expresslycandidate's advocates:committee.

(2)(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) if the advertisement expressly advocates:

or - 3 - HB0033 compared with HB0033S01 (iv) that a voter vote for or against a ballot proposition.

(i) if paid for by a political issues committee, {[clearlyclearly state{]}state disclose} that the advertisement was paid for by the political issues committee;

(ii) if paid for by another person but authorized by a political issues committee, {[clearlyclearly state{]}state disclose} who paid for the advertisement and that the political issues committee authorized the advertisement;

or (iii) if not authorized by a political issues committee, {[clearlyclearly state{]}state disclose} the name of the person who paid for the advertisement and state that the advertisement is not authorized by any political issues committee.

{(3)(3) } (a){(3)} The disclosure statement described in Subsections (1) and (2) shall:

(i){(a)}(a) clearly and conspicuously identify for the reader, observer, or listener the person who paid for the advertisement and, where required, the authorization related to the advertisement;- 3 - H.B.

and33 {(ii)Enrolled {asCopy itadvertisement; relates to a printed advertisement:} } (b) if the advertisement is a billboard or outdoor advertising facility, include text that is large enough to be easily readable by an ordinary observer at a reasonable distance from which the advertisement is intended to be viewed.

[(3)]and (4)(b) {ifif the advertisement is a billboard or outdoor advertising facility, include text that is large enough to be easily readable by an ordinary observer at a reasonable distance from which the advertisement is intended to be viewed;viewed.

or}[(3)] {(B)}(4) {if the advertisement is a political sign that is not a billboard or outdoor advertising facility, include text that is reasonably legible to a individual standing near the political sign;} {(b)} {The text described in Subsection (3)(a)(ii)(B) may be printed in small type or affixed to the back of the advertisement.} {[(3)] (4)} The requirements of Subsections (1) and (2) do not apply to:

(a) [lawn signs with dimensions of four by eight feet or smaller] an advertisement that is a political sign, as that term is defined in Section 20A-17-101.5, {with dimensions that are less than 24 by 18 inches} that:

{(b)} or -(ii)(A) 4 - HB0033 compared with HB0033S01 (ii) (A) is paid for and authorized by a candidate or the candidate's campaign committee;

[(4)] (5)(5)(a) (a) A person who is not a reporting entity and pays for an electioneering communication shall file a report with the lieutenant governor within 24 hours of making the payment or entering into a contract to make the payment.

[(6)] (7)(7)(a) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of any newspaper or other periodical to induce the owner, editor, publisher, or agent to advocate or oppose editorially any candidate for nomination or election.