TO ALL CANDIDATES FOR ELECTION:
Re: City Ordinances and State Laws Applying to Campaign Funds, Public Elections and Signs
Dear Candidate:
To assist you in conducting your campaign in compliance with applicable laws, we are writing to advise you of some that are pertinent. We enclose a copy of Provo City Ordinance Section 9.13. These ordinances apply to the use of handbills and signs that may be used during the campaigning process. A few highlights are:
It is unlawful to place handbills on vehicles; however, it is lawful to give a handbill to the occupant of a vehicle willing to accept it.
It is unlawful to place handbills or campaign material on vacant premises or on occupied premises that have posted "no advertising," "no peddlers or agents," or "no trespassing."
It is unlawful to put signs, handbills or writings on any curb, sidewalk or parking strip or on any public property, as well as it is unlawful to affix signs to telephone poles, trees, hydrants, lamp posts, the sidewalk or parking strip, or public property.
The ordinance does not prohibit you from putting up bills or posters on private property as long as you do so with the permission of the owner or occupant in compliance with the law.
Provo City Ordinance 14.34.100 requires a clear vision area on corner lots. Signs over three feet high in the triangular area twenty-five feet from the intersection violate the ordinance. Signs so placed can be removed by the Police, Public Works or Community Development Departments. Private individuals should not remove signs themselves but should report violations to the above mentioned departments. (Signs made of cardboard or wood will be destroyed immediately. Signs made of steel or some other substantial material will be held for 48 hours and then destroyed.)
No matter the outcome of your campaign, it is unlawful to fail, neglect or refuse to remove signs at the completion of your campaign. Signs or posters left up after the completion of the campaign need to be removed or they will be treated as litter which could subject you to the appropriate penalties.
Utah Code 10-3-208 requires each candidate for City elective office to file a signed campaign financial statement with the City Recorder detailing contributions and expenditures, whether in cash or in kind, seven days before the
date of the municipal general election and 30 days after the date of the municipal general election. Provo City Code also requires each candidate to file the disclosure statements seven days before the primary election day and, for those who are unsuccessful in the primary, 30 days following the primary election.
Utah Code, Title 20A Chapter 11, Campaign and Financial Reporting Requirements, includes definitions for candidate contributions and expenditures. The thrust of the section is that candidates need to keep an accurate accounting of all contributions and expenditures in connection with their campaign. Contributions in kind, such as sign material, sign space, or any other donation need to be estimated at the cash value and included. While many of the provisions apply to candidates for state office, the intent of having that information open and available clearly follows the intent of the law.
Utah Code 20A-2-301(4), (5)(a), and (7)(a) provide for candidates, organizations, and interested parties to procure voter registration forms for use in the voter registration process, and details the manner in which they are to be obtained and returned.
Utah Code 76-8-106 makes it a Class B misdemeanor (up to six months in jail and up to $1,000 in fines) to promise or solicit pecuniary benefit as compensation for the nomination, appointment, approval or disapproval of any person as a public servant.
Utah Code 20A-3-501(2)(a) provides that on the day of election within a polling place, or within 150 feet of any building where a polling place is located, a person may not do any electioneering, solicit any signatures to petitions, circulate handbills or cards, or in any way interfere with voters or the polling place.
As to Provo City Employees, the City’s policy is to not endorse any candidate. No employee may engage in political activity during working hours or use City resources or facilities for political purposes. What employees do on their own time as to the political process is their own business.
We request that you be responsible to see that your campaign workers operate within the guidelines set forth in the Provo City Ordinances attached, as well as in compliance with state law, and that you comply with all other applicable laws to conduct your campaign. Political discussion and disagreement are part of the election process, but the Provo City Council has adopted an ordinance against false information. Violators could be found guilty of a Class B Misdemeanor (Provo City Ordinance 2.05.050).
We encourage you to read and become familiar with the law for yourself. We provide this summary to assist you. For further questions, contact the Provo City Recorder at 852-6524. Your cooperation in these matters is very much appreciated.
Respectfully,
Ryan V. Wood
Assistant City Attorney
