§ 13-1-101Definitions

As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Accepted ballot" means a ballot that has been completed by an elector and the election administrator has determined that it may be counted.
(2) "Active elector" means an elector whose name has not been placed on the inactive list due to failure to respond to confirmation notices pursuant to 13-2-220 or 13-19-313.
(3) "Active list" means a list of active electors maintained pursuant to 13-2-220.
(4) "Anything of value" means any goods that have a certain utility to the recipient that is real and that is ordinarily not given away free but is purchased.
(5) "Application for voter registration" means a voter registration form prescribed by the secretary of state that is completed and signed by an elector, is submitted to the election administrator, and contains voter registration information subject to verification as provided by law.
(6) "Ballot" means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots.
(7) (a) "Ballot issue" or "issue" means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question.
(b) For the purposes of chapters 35 and 37, an issue becomes a "ballot issue" upon certification by the proper official that the legal procedure necessary for its qualification and placement on the ballot has been completed, except that a statewide issue becomes a "ballot issue" upon preparation and transmission by the secretary of state of the form of the petition or referral to the person who submitted the proposed issue.
(8) "Ballot issue committee" means a political committee specifically organized to support or oppose a ballot issue.
(9) "Ballot number variance" means the difference between the number of ballots issued for both poll electors and absentee electors and the number of ballots counted.
(10) "Candidate" means:
(a) an individual who has filed a declaration or petition for nomination, acceptance of nomination, or appointment as a candidate for public office as required by law;
(b) for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:
(i) solicitation is made;
(ii) contribution is received and retained; or
(iii) expenditure is made; or
(c) an officeholder who is the subject of a recall election.
(11) "Challenged ballot" means a ballot cast by an individual whose eligibility to vote has been challenged pursuant to 13-13-301.
(12) (a) "Contribution" means:
(i) the receipt by a candidate or a political committee of an advance, gift, loan, conveyance, deposit, payment, or distribution of money or anything of value to support or oppose a candidate or a ballot issue;
(ii) an expenditure, including an in-kind expenditure, that is made in coordination with a candidate or ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;
(iii) the receipt by a political committee of funds transferred from another political committee; or
(iv) the payment by a person other than a candidate or political committee of compensation for the personal services of another person that are rendered to a candidate or political committee.
(b) The term does not mean:
(i) services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee;
(ii) meals and lodging provided by individuals in their private residences for a candidate or other individual;
(iii) the use of a person's real property for a fundraising reception or other political event; or
(iv) the cost of a communication not for distribution to the general public by a religious organization exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious beliefs or practices.
(c) This definition does not apply to Title 13, chapter 37, part 6.
(13) "Coordinated", including any variations of the term, means made in cooperation with, in consultation with, at the request of, or with the express prior consent of a candidate or political committee or an agent of a candidate or political committee.
(14) "De minimis act" means an action, contribution, or expenditure that is so small that it does not trigger registration, reporting, disclaimer, or disclosure obligations under Title 13, chapter 35 or 37, or warrant enforcement as a campaign practices violation under Title 13, chapter 37.
(15) "Disability" means a temporary or permanent mental or physical condition, such as:
(a) impaired vision;
(b) being deaf or hard of hearing;
(c) impaired mobility. Individuals having impaired mobility include those who require use of a wheelchair and those who are ambulatory but are physically impaired because of age, disability, or disease.
(d) impaired mental or physical functioning that makes it difficult for the person to participate in the process of voting.
(16) "Election" means a general, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose.
(17) (a) "Election administrator" means, except as provided in subsection (17)(b), the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections not administered by the county, the term means the school district clerk.
(b) As used in chapter 2 regarding voter registration, the term means the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties even if the school election is administered by the school district clerk.
(18) (a) "Election communication" means the following forms of communication to support or oppose a candidate or ballot issue:
(i) a paid advertisement broadcast over radio, television, cable, or satellite;
(ii) paid placement of content on the internet or other electronic communication network;
(iii) a paid advertisement published in a newspaper or periodical or on a billboard;
(iv) a mailing; or
(v) printed materials.
(b) The term does not mean:
(i) an activity or communication for the purpose of encouraging individuals to register to vote or to vote, if that activity or communication does not mention or depict a clearly identified candidate or ballot issue;
(ii) a communication that does not support or oppose a candidate or ballot issue;
(iii) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, internet website, or other periodical publication of general circulation;
(iv) a communication by any membership organization or corporation to its members, stockholders, or employees;
(v) a communication not for distribution to the general public by a religious organization exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious beliefs or practices; or
(vi) a communication that the commissioner determines by rule is not an election communication.
(19) "Election judge" means a person who is appointed pursuant to Title 13, chapter 4, part 1, to perform duties as specified by law.
(20) "Election official" means an election administrator, election deputy, or election judge.
(21) "Election worker" means an individual designated by an election official to perform election support duties.
(22) (a) "Electioneering communication" means a paid communication that is publicly distributed by radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the district voting on the candidate or ballot issue, and that:
(i) refers to one or more clearly identified candidates in that election;
(ii) depicts the name, image, likeness, or voice of one or more clearly identified candidates in that election; or
(iii) refers to a political party, ballot issue, or other question submitted to the voters in that election.
(b) The term does not mean:
(i) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, internet website, or other periodical publication of general circulation unless the facilities are owned or controlled by a candidate or political committee;
(ii) a communication by any membership organization or corporation to its members, stockholders, or employees;
(iii) a commercial communication that depicts a candidate's name, image, likeness, or voice only in the candidate's capacity as owner, operator, or employee of a business that existed prior to the candidacy;
(iv) a communication that constitutes a candidate debate or forum or that solely promotes a candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum;
(v) a communication not for distribution to the general public by a religious organization exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious beliefs or practices; or
(vi) a communication that the commissioner determines by rule is not an electioneering communication.
(23) "Elector" means an individual qualified to vote under state law.
(24) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money or anything of value:
(i) made by a candidate or political committee to support or oppose a candidate or a ballot issue;
(ii) made by a candidate while the candidate is engaging in campaign activity to pay child-care expenses as provided in 13-37-220; or
(iii) used or intended for use in making independent expenditures or in producing electioneering communications.
(b) The term does not mean:
(i) services, food, or lodging provided in a manner that they are not considered contributions as defined in this section;
(ii) except as provided in subsection (24)(a)(ii), payments by a candidate for personal travel expenses, food, clothing, lodging, or personal necessities for the candidate and the candidate's family;
(iii) the cost of any bona fide news story, commentary, blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication of general circulation;
(iv) the cost of any communication by any membership organization or corporation to its members or stockholders or employees;
(v) the use of a person's real property for a fundraising reception or other political event; or
(vi) the cost of a communication not for distribution to the general public by a religious organization exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious beliefs or practices.
(c) This definition does not apply to Title 13, chapter 37, part 6.
(25) "Federal election" means an election in even-numbered years in which an elector may vote for individuals for the office of president of the United States or for the United States congress.
(26) "General election" means an election that is held for o