New Election LAW concerning Influencing Bond Elections

Some new (actually the same as before with minor correction) election law in effect this year, prohibits a public entity from spending public money to influence a bond election.  

This IS NEW law:  It prohibits the USE of a public entity's Email, (for example an @schooldistrict.edu email address)  to influence a bond election. - and has a $250 civil penalty attached.

If, perchance, you receive any emails, using a wasatch.edu email address,  "to advocate for or against a ballot proposition."   (aka, Vote FOR, or AGAINST, the School building bond), THAT could be a violation of Utah Code 20A-11-1205.
Anyone who has seen, or received, any such email might consider reminding the sender of the law or forward the suspect email to the County Clerk for action, referencing, Utah Code 20A-11-1205. 

Effective 5/12/2015
20A-11-1203. Public entity prohibited from expending public funds on certain electoral matters.

(1)	Unless specifically required by law, and except as provided in Section 20A-11-1206, a public entity may not make an expenditure from public funds for political purposes or to influence a ballot proposition.

Effective 5/12/2015
20A-11-1204. Criminal penalty.
Each public official who violates Section 20A-11-1203 is guilty of a class B misdemeanor.

Effective 5/12/2015
20A-11-1205. Use of public email for a political purpose.

(1)	Except as provided in Subsection (5), a person may not send an email using the email of a public entity, for a political purpose or to advocate for or against a ballot proposition.

(2)

The applicable election officer shall impose a civil fine against a person who violates Subsection (1) as follows: (a) up to $250 for a first violation; and (b) except as provided in Subsection (3), for each subsequent violation committed after any applicable election officer imposes a fine against the person for a first violation, $1,000 multiplied by the number of violations committed by the person.

(3)	The applicable election officer shall consider a violation of this section as a first violation if the violation is committed more than seven years after the day on which the person last committed a violation of this section.

(4)	For purposes of this section, one violation means one act of sending an email, regardless of the number of recipients of the email.

(5)	A person does not violate this section if the lieutenant governor finds that the email described in Subsection(1) was inadvertently sent, as a reply to an email received by the person described in Subsection (1), using the email of a public entity.

(6)	A violation of this section does not invalidate an otherwise valid election.

20A-11-1202 Definitions

(1)	"Applicable election officer" means: (a) a county clerk, if the email relates only to a local election; or

(10)	(a) "Public entity" includes the state, each state agency, each county, municipality, school district, local district, governmental interlocal cooperation agency, and each administrative subunit of each of them.