2022 Utah Code
Title 20A - Election Code
Chapter 11 - Campaign and Financial Reporting Requirements
Part 12 - Political Activities of Public Entities Act
Section 1206 - Exclusions.

Universal Citation: UT Code § 20A-11-1206 (2022)
Effective 5/14/2019
20A-11-1206. Exclusions.
  • (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.
  • (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.
    • (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:
      • (i) provides the information in a manner required, or expressly permitted, by law; or
      • (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:
    • (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
    • (b) prepare an argument for, and present an argument at, a public meeting under Section 20A-7-405 or 59-1-1605.
  • (6) A county or municipality may not:
    • (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:
      • (i) relates to the same proposed initiative, initiative, proposed referendum, or referendum; and
      • (ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402;
    • (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
    • (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.


Amended by Chapter 203, 2019 General Session
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