Political Signs Amendments

17
20A-11-901
20A-17-101.5
20A-17-102
20A-17-103
20A-17-104
0
Political Signs Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions related to political signs.
Highlighted Provisions:
This bill:
defines terms;
specifies the form and placement of the disclosure statement for political advertisements;
creates an exception to political advertising disclosure requirements for certain
candidate-paid political signs;
reduces the size dimensions of a political sign that is exempt from disclosing, on the sign,
the person who paid for the sign;
prohibits a person from:
attaching a political sign to a utility pole, light pole, an electric utility box, a traffic
control device, or any railroad sign or signal; or
affixing an object to a political sign for the purpose of blocking, concealing, or
misrepresenting the message or image on the political sign;
expands existing criminal penalties for defacing political signs to cover the conduct
described above, and specifies exceptions for:
a person who removes a political sign that does not contain the disclosure described
above;
a person who removes a political sign that violates the prohibition on electioneering in
or near a polling place;
a government employee who removes a political sign in the course of the government
employee's duties;
a person who removes an object that blocks or conceals a political sign; or
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;
requires each county and municipality to designate one or more locations where a person
who removes a political sign may deposit the political sign for safekeeping or disposal;
requires a person who removes a political sign under specified circumstances to deposit
the sign at a designated location described above;
for a county or municipality that receives a political sign, requires the county or
municipality to:
contact the owner of the political sign; and
notify the owner to take possession of the political sign;
authorizes a county or municipality to, in certain circumstances:
dispose of a political sign; and
seek reimbursement from the owner of the political sign for the sign's safekeeping or
disposal;
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; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-11-901
Effective
01/01/27
, as last amended by Laws of Utah 2022, Chapter 18
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-17-101.5
Effective
05/06/26
, Utah Code Annotated 1953
20A-17-104
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-11-901
is amended to read:
20A-11-901
Effective
01/01/27
. Political advertisements -- Requirement that
ads designate responsibility and authorization -- Report to lieutenant governor --
Unauthorized use of endorsements.
(1)
(a)
Whenever any person makes an expenditure for the purpose of financing 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)
if paid for and authorized by a candidate or the candidate's campaign committee,
shall clearly state that the advertisement has been paid for by the candidate or the
campaign committee;
(ii)
if paid for by another person but authorized by a candidate or the candidate's
campaign committee, shall clearly state who paid for the advertisement and that
the candidate or the campaign committee authorized the advertisement; or
(iii)
if not authorized by a candidate or a candidate's campaign committee, shall
clearly state the name of the person who paid for the advertisement and state that
the advertisement is not authorized by any candidate or candidate's 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:
(i)
for placing a ballot proposition on the ballot;
(ii)
for keeping a ballot proposition off the ballot;
(iii)
that a voter refrain from voting on a ballot proposition; or
(iv)
that a voter vote for or against a ballot proposition.
(b)
An advertisement described in Subsection
(2)(a)
shall:
(i)
if paid for by a political issues committee, clearly state 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,
clearly state who paid for the advertisement and that the political issues committee
authorized the advertisement; or
(iii)
if not authorized by a political issues committee, clearly state the name of the
person who paid for the advertisement and state that the advertisement is not
authorized by any political issues committee.
(3)
The disclosure statement described in Subsections
(1)
and
(2)
shall:
(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; and
(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)
(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
, that:
(i)
is less than 24 by 18 inches
;
or
(ii)
(A)
is paid for and authorized by a candidate or the candidate's campaign
committee; and
(B)
clearly and conspicuously identifies that candidate by name;
(b)
bumper stickers;
(c)
campaign pins, buttons, and pens; or
(d)
similar small items upon which the
disclaim
er
disclosure statement
cannot be
conveniently printed.
(4)
(5)
(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.
(b)
The report shall include:
(i)
the name and address of the person described in Subsection
(4)(a)
(5)(a)
;
(ii)
the name and address of each person contributing at least $100 to the person
described in Subsection
(4)(a)
(5)(a)
for the purpose of disseminating the
electioneering communication;
(iii)
the amount spent on the electioneering communication;
(iv)
the name of the identified referenced candidate; and
(v)
the medium used to disseminate the electioneering communication.
(5)
(6)
A person may not, in order to promote the success of any candidate for nomination
or election to any public office, or in connection with any question submitted to the
voters, include or cause to be included the name of any person as endorser or supporter
in any political advertisement, circular, poster, or publication without the express
consent of that person.
(6)
(7)
(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.
(b)
It is unlawful for any owner, editor, publisher, or agent to accept any payment to
advocate or oppose editorially any candidate for nomination or election.
Section 2. Section
20A-17-101.5
is enacted to read:
20A-17-101.5
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Contact information" means:
(a)
as it relates to a candidate for public office or the candidate's personal campaign
committee:
(i)
the address and telephone number for the candidate that the candidate designates
on a declaration of candidacy as the address and telephone number where the
candidate may be contacted to receive official election notices; or
(ii)
if the address or telephone number described in Subsection
(1)(a)
(i) is a protected
record under Section
63G-2-305
, the alternative address or telephone number that
the candidate filing the declaration of candidacy provides to the election officer;
and
(b)
as it relates to a filing entity other than a filing entity who is a candidate for public
office, the name, address, and telephone number of an officer for the filing entity that
the filing entity provides to the lieutenant governor in a statement of organization or
financial statement filed under Chapter 11, Campaign and Financial Reporting
Requirements.
(2)
"Filing entity" means the same as that term is defined in Section
20A-11-101
.
(3)
"Local government entity" means:
(a)
a county, municipality, or other political subdivision;
(b)
a special district, as defined in Section
17B-1-102
;
(c)
a special service district, as defined in Section
17D-1-102
;
(d)
a local building authority, as defined in Section
17D-2-102
;
(e)
a conservation district, as defined in Section
17D-3-102
;
(f)
an independent entity, as defined in Section
63E-1-102
;
(g)
a public corporation, as defined in Section
63E-1-102
;
(h)
a public transit district, organized under Title 17B, Chapter 2a, Part 8, Public Transit
District Act;
(i)
a school district;
(j)
a public school, including a charter school or other publicly funded school;
(k)
a state institution of higher education;
(l)
an entity that expends public funds; and
(m)
each office, agency, or other division of an entity described in Subsections (3)(a)
through (l).
(4)
"Park strip" means the area of land located between a roadway and an adjacent sidewalk.
(5)
"Political sign" means any sign that advocates:
(a)
the election or defeat of a candidate for public office; or
(b)
the approval or defeat of a ballot proposition.
(6)
(a)
"Public property" means any real property, building, or structure owned or leased
by a local government entity.
(b)
"Public property" does not include any real property, building, or structure during a
period of time that the real property, building, or structure is rented out by a
government entity to a private party for a meeting, convention, or similar event.
(7)
"Railroad sign or signal" means the same as that term is defined in Section
41-6a-102
.
(8)
(a)
"Roadway" means:
(i)
a state highway, as described in Section
72-3-102
;
(ii)
a county road, as described in Section
72-3-103
;
(iii)
a city street, as described in Section
72-3-104
;
(iv)
a class D road, as described in Section
72-3-105
; or
(v)
a rail-based fixed guideway operated by a large public transit district.
(b)
"Roadway" includes:
(i)
the right-of-way for a roadway; and
(ii)
infrastructure appurtenant to a roadway that is owned, maintained, or controlled
by:
(A)
a county or municipality;
(B)
a large public transit district organized under Title 17B, Chapter 2a, Part 8,
Public Transit District Act; or
(C)
the Department of Transportation created in Title 72, Chapter 1, Part 2,
Department of Transportation.
(9)
"Sign owner" means a person who owns a political sign and, under Subsection
20A-11-901(1)
or
(2)
, is required to include a disclosure statement on the political sign.
Section 3. Section
20A-17-102
is amended to read:
20A-17-102
Effective
05/06/26
. Political signs -- Prohibition on vandalism --
Exceptions.
(1)
Except as provided in Subsection
(2)
, a person is guilty of a class B misdemeanor if the
person knowingly removes, alters, defaces, or otherwise vandalizes a sign:
(a)
advocating the election or defeat of a candidate for public office; or
(b)
advocating the approval or defeat of a ballot proposition.
(1)
Except as provided in Subsection
(3)
or (5), a person is guilty of a class B misdemeanor
if the person knowingly:
(a)
removes, disposes of, alters, defaces, or otherwise vandalizes a political sign; or
(b)
attaches or affixes any object to a political sign, including another political sign, and
the object:
(i)
hides, blocks, obscures, or otherwise substantially conceals from view the
message or image on the political sign; or
(ii)
changes or misrepresents the intent of the message on the political sign.
(2)
A person is guilty of an infraction if the person knowingly attaches or affixes a political
sign to a utility pole, light pole, an electric utility box, a traffic control device, or any
railroad sign or signal.
(2)
(3)
A person is not guilty of a violation of Subsection
(1)
if the person who engages in
the conduct described in Subsection
(1)
is:
(a)
as it relates to a sign described in Subsection
(1)(a)
, the candidate or an agent of the
candidate
the sign owner
;
(b)
as it relates to a sign described in Subsection
(1)(b)
,
the person who placed the
political
sign, the person who directed the placement of the
political
sign, or an agent
of either;
(c)
a property owner of property
or of a right-of-way adjacent to property
on which the
political
sign is placed
,
or the property owner's agent; or
(d)
a public official
who removes the sign in accordance with an official duty of the
public official
or government employee who removes the political sign in accordance
with the duties of the public official or government employee
.
(4)
A sign owner that posts or displays a political sign on a roadway shall ensure that the
political sign is removed from the roadway no later than 14 calendar days after the day
of the election to which the political sign relates.
(5)
Notwithstanding Subsection
(1)
(a), any person may:
(a)
in response to another person engaging in the conduct described in Subsection
(1)(b)
,
remove the object that is attached or affixed to the political sign;
(b)
in response to another person engaging in the conduct described in Subsection
(2)
,
remove the political sign that is attached or affixed to a utility pole, light pole, an
electric utility box, a traffic control device, or any railroad sign or signal;
(c)
remove a political sign that is posted or displayed on a roadway for longer than the
time period described in Subsection (4); or
(d)
remove a political sign because:
(i)
(A)
the size dimensions of the political sign are equal to or greater than the size
dimensions described in Subsection
20A-11-901(4)(a)
; and
(B)
the political sign does not contain the disclosure statement described in
Subsection
20A-11-901(1)
or
(2)
; or
(ii)
the political sign is posted or displayed in a location that violates the prohibition
against electioneering described in Subsection
20A-3a-501(2)(a)(i)
.
(6)
A person who removes a political sign under Subsection
(3)(d)
or
(5)(d)
shall deposit
the political sign at a location described in Subsection
20A-17-104(1)
.
(7)
Nothing in this section limits the prosecution or sentencing of a person who, while
removing a political sign or an object attached or affixed to a political sign under
Subsection
(3)
or
(5)
, commits an offense under Title 76, Utah Criminal Code.
Section 4. Section
20A-17-103
is amended to read:
20A-17-103
Effective
05/06/26
. Posting political signs on public property.
(1)
As used in this section:
(a)
"Local government entity" means:
(i)
a county, municipality, or other political subdivision;
(ii)
a special district, as defined in Section
17B-1-102
;
(iii)
a special service district, as defined in Section
17D-1-102
;
(iv)
a local building authority, as defined in Section
17D-2-102
;
(v)
a conservation district, as defined in Section
17D-3-102
;
(vi)
an independent entity, as defined in Section
63E-1-102
;
(vii)
a public corporation, as defined in Section
63E-1-102
;
(viii)
a public transit district, organized under
Title 17B, Chapter 2a, Part 8, Public
Transit District Act
;
(ix)
a school district;
(x)
a public school, including a charter school or other publicly funded school;
(xi)
a state institution of higher education;
(xii)
an entity that expends public funds; and
(xiii)
each office, agency, or other division of an entity described in Subsections
(1)(a)(i)
through
(xii)
.
(b)
"Political sign" means any sign or document that advocates:
(i)
the election or defeat of a candidate for public office; or
(ii)
the approval or defeat of a ballot proposition.
(c)
(i)
"Public property" means any real property, building, or structure owned or
leased by a local government entity.
(ii)
"Public property" does not include any real property, building, or structure
during a period of time that the real property, building, or structure is rented out
by a government entity to a private party for a meeting, convention, or similar
event.
(2)
(1)
A local government entity, a local government officer, a local government
employee, or another person with authority or control over public property that posts or
permits a person to post a political sign on public property:
(a)
shall permit any other person to post a political sign on the public property, subject to
the same requirements and restrictions imposed on all other political signs permitted
to be posted on the public property; and
(b)
may not impose a requirement or restriction on the posting of a political sign if the
requirement or restriction is not politically neutral and content neutral.
(2)
A local government entity may not prohibit a person from posting a political sign on a
park strip if the person:
(a)
(i)
is the owner or lawful occupant of property that is adjacent to the park strip; and
(ii)
is required by a local ordinance or an agreement to maintain the park strip; or
(b)
obtains consent to post the political sign from the person described in Subsection
(2)(a)
.
(3)
Nothing in this section prohibits a local government entity from regulating the posting
of a political sign under this section to prevent a traffic, pedestrian, or line-of-sight
hazard.
Section 5. Section
20A-17-104
is enacted to read:
20A-17-104
Effective
05/06/26
. Safeguarding and disposing of political signs --
County and municipal locations -- Reimbursement from sign owner.
(1)
Each county and each municipality shall designate one or more locations within the
county or municipality where an individual who removes a political sign under
Subsection
20A-17-102(3)(d)
or
(5)(d)
may deposit the political sign for safekeeping or
disposal in accordance with this section.
(2)
Subject to Subsection
(3)
, and except as provided in Subsection
(4)
, a county or
municipality that receives a political sign at a location described in Subsection
(1)
shall:
(a)
safeguard the political sign;
(b)
use reasonable efforts to obtain contact information for the sign owner:
(i)
from the election officer for the election to which the political sign relates, if the
sign owner is a candidate for public office or the candidate's personal campaign
committee;
(ii)
from the lieutenant governor, if the sign owner is a filing entity other than a filing
entity who is a candidate for public office or the candidate's personal campaign
committee; or
(iii)
using any other lawful means available to the county or municipality;
(c)
make a reasonable attempt to contact the sign owner by telephone; and
(d)
notify the sign owner, either during a direct conversation or in a voicemail, that the
sign owner has five business days after the date of the notice to take possession of the
political sign.
(3)
If a sign owner receives the notice described in Subsection
(2)(d)
but does not take
possession of the political sign by the deadline described in Subsection
(2)(d)
, or, if a
county or municipality is unable to contact a sign owner under Subsection
(2)(c)
, the
county or municipality may:
(a)
dispose of the political sign; and
(b)
seek reimbursement from the sign owner in accordance with Subsection
(5)
for the
cost of safekeeping or disposing of the political sign, if, during the same election
cycle:
(i)
the county or municipality has, on three or more previous occasions, received a
political sign belonging to the same sign owner at a location described in
Subsection
(1)
; and
(ii)
on each occasion:
(A)
the sign owner did not take possession of the political sign after receiving the
notice described in Subsection
(2)(d)
; or
(B)
the county or municipality was unable to contact the sign owner under
Subsection
(2)(c)
.
(4)
A county or municipality that receives a political sign at a location described in
Subsection
(1)
may dispose of the political sign if the county or municipality:
(a)
cannot identify the sign owner; or
(b)
cannot obtain contact information for the sign owner under Subsection
(2)(b)
.
(5)
(a)
A county or municipality that seeks reimbursement under Subsection
(3)(b)
shall
mail a reimbursement notice to the sign owner using the contact information that the
county or municipality obtains under Subsection
(2)(b)
.
(b)
A reimbursement notice shall include:
(i)
the number of political signs safeguarded or disposed of by the county or
municipality;
(ii)
subject to Subsection
(5)(c)
, the reimbursement amount; and
(iii)
any other information deemed relevant by the county or municipality to obtain
reimbursement for safeguarding or disposing of the political sign.
(c)
The reimbursement amount that a county or municipality may seek for a political
sign deposited at a location described in Subsection
(1)
may not exceed $20 per
deposit incident, regardless of the number of political signs belonging to the same
sign owner that are included in that deposit.
(6)
(a)
Subject to Subsection
(6)(b)
, a sign owner that receives a reimbursement notice
under Subsection
(5)
shall pay the amount specified in the notice no later than 30
calendar days after the day on which the reimbursement notice is received in the mail.
(b)
A county or municipality shall provide the sign owner a reasonable opportunity to
establish, by a preponderance of the evidence, that the payment of reimbursement is
not required.
(7)
A sign owner that receives a reimbursement notice under this section may use campaign
funds to pay the reimbursement amount specified in the notice.
Section 6.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
May 6, 2026
.
(2)
The actions affecting Section 20A-11-901
Effective
01/01/27
take effect on
January
1, 2027
.
2-24-26 9:29 AM