§ UCA § 20A-11-101Definitions

Effective 5/7/2025

20A-11-101. 
Definitions.
As used in this chapter:


(1)



(a)
"Address" means the number and street where an individual resides or where a reporting entity has its principal office.





(b)
"Address" does not include a post office box.








(2)
"Agent of a reporting entity" means:


(a)
a person acting on behalf of a reporting entity at the direction of the reporting entity;





(b)
a person employed by a reporting entity in the reporting entity's capacity as a reporting entity;





(c)
the personal campaign committee of a candidate or officeholder;





(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





(e)
a political consultant of a reporting entity.








(3)
"Ballot proposition" includes initiatives, referenda, proposed constitutional amendments, and any other ballot propositions submitted to the voters that are authorized by the Utah Code Annotated 1953.





(4)
"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 to receive contributions or make expenditures to bring about the person's nomination or election to a public office.








(5)
"Chief election officer" means:


(a)
the lieutenant governor for state office candidates, legislative office candidates, officeholders, political parties, political action committees, corporations, political issues committees, state school board candidates, judges, and labor organizations, as defined in Section 20A-11-1501; and





(b)
the county clerk for local school board candidates.








(6)



(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 value given 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 anything of 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 for personal 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;








(vi)
a loan made by a candidate deposited to the candidate's own campaign; and





(vii)
in-kind contributions.








(b)
"Contribution" does not include:


(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;





(ii)
money lent to the filing entity by a financial institution in the ordinary course of business;





(iii)
goods or services provided for the benefit of a political entity at less than fair market value that are not authorized by or coordinated with the political entity; or





(iv)
data or information described in Subsection (24)(b).











(7)
"Coordinated with" means that goods or services provided for the benefit of a political entity are provided:


(a)
with the political entity's prior knowledge, if the political entity does not object;





(b)
by agreement with the political entity;





(c)
in coordination with the political entity; or





(d)
using official logos, slogans, and similar elements belonging to a political entity.








(8)



(a)
"Corporation" means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes 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 ballot proposition.








(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.











(9)
"County political party" means, for each registered political party, all of the persons within a single county who, under definitions established by the political party, are members of the registered political party.





(10)
"County political party officer" means a person whose name is required to be submitted by a county political party to the lieutenant governor in accordance with Section 20A-8-402.





(11)
"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 public service assistance, except to the extent that the name or address of the individual or source is unknown;





(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 goods or services acquired by the expenditure; and





(iii)
the date the expenditure was made.











(12)



(a)
"Donor" means a person that gives money, including a fee, due, or assessment for membership in the corporation, to a corporation without receiving full and adequate consideration for the money.





(b)
"Donor" does not include a person that signs a statement that the corporation may not use the money for an expenditure or political issues expenditure.








(13)
"Election" means each:


(a)
regular general election;





(b)
regular primary election; and





(c)
special election at which candidates are eliminated and selected.








(14)
"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 advertising facility, direct mailing, broadcast, cable, or satellite provider within 45 calendar days before the clearly identified candidate's or judge's election date.








(15)



(a)
"Expenditure" means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:


(i)
any disbursement from contributions, receipts, or from the separate bank account required by this chapter;





(ii)
a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;





(iii)
an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;





(iv)
compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;





(v)
a transfer of funds between the filing entity and a candidate's personal campaign committee;





(vi)
goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value; or





(vii)
an independent expenditure, as defined in Section 20A-11-1702.








(b)
"Expenditure" does not include:


(i)
services provided without compensation by individuals volunteering a portion or all of their time on behalf of a reporting entity;





(ii)
money lent to a reporting entity by a financial institution in the ordinary course of business; or





(iii)
anything listed in Subsection (15)(a) that is given by a reporting entity to candidates for office or officeholders in states other than Utah.











(16)
"Federal office" means the office of president of the United States, United States Senator, or United States Representative.





(17)
"Filing entity" means the reporting entity that is required to file a financial statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.





(18)
"Financial statement" includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.





(19)
"Governing board" means the individual or group of individuals that determine the candidates and committees that will receive expenditures from a political action committee, political party, or corporation.





(20)
"Incorporation" means the process established by Title 10, Chapter 2a, Municipal Incorporation, by which a geographical area becomes legally recognized as a city or town.





(21)
"Incorporation election" means the election conducted under Section 10-2a-210.





(22)
"Incorporation petition" means a petition described in Section 10-2a-208.





(23)
"Individual" means a natural person.





(24)



(a)
"In-kind contribution" means anything of value, other than money, that is accepted by or coordinated with a filing entity.





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


(i)
is not commissioned for the benefit of a particular candidate or officeholder; and





(ii)
is offered at no cost to a candidate or officeholder.











(25)
"Interim report" means a report identifying the contributions received and expenditures made since the last report.





(26)
"Legislative office" means the office of state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature.





(27)
"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 of speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant whip of any party caucus in either house of the Legislature; or





(c)
receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination, election, or appointment to a legislative office.








(28)
"Loan" means any of the following provided by a person that benefits a filing entity if the person expects repayment or reimbursement:


(a)
an expenditure made using any form of payment;





(b)
money or funds received by the filing entity;





(c)
the provision of a good or service with an agreement or understanding that payment or reimbursement will be delayed; or





(d)
use of any line of credit.








(29)
"Major political party" means either of the two registered political parties that have the greatest number of members elected to the two houses of the Legislature.





(30)
"Officeholder" means a person who holds a public office.





(31)
"Party committee" means any committee organized by or authorized by the governing board of a registered political party.





(32)
"Person" means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501.





(33)
"Personal campaign committee" means the committee appointed by a candidate to act for the candidate as provided in this chapter.





(34)
"Personal use expenditure" has the same meaning as provided under Section 20A-11-104.





(35)



(a)
"Political action committee" means an entity, or any group of individuals or entities 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 political purposes; or





(ii)
make expenditures to expressly advocate for any person to refrain from voting or to vote 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 political party but not authorized or organized by the governing board of the registered political party that receive 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 regular course 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 checking account;





(v)
a corporation, except a corporation a major purpose of which is to act as a political action committee; or





(vi)
a personal campaign committee.











(36)