§ 20A-11-1206 — Exclusions.

(1) Nothing in this chapter prohibits a public official from speaking, campaigning, contributing personal money, or otherwise exercising the public official's individual First Amendment rights for political purposes.
(2) (2)(a) Subject to Subsection (2)(b), nothing in this chapter prohibits a public entity from providing factual information about a ballot proposition to the public, so long as the information grants equal access to both the opponents and proponents of the ballot proposition.
(2)(b) A county or municipality may not provide any information to the public about a proposed initiative, initiative, proposed referendum, or referendum unless the county or municipality:
(2)(b)(i) provides the information in a manner required, or expressly permitted, by law; or
(2)(b)(ii) is directly providing information solely to a person or a group of people in response to a question asked by the person or group of people.
(3) Nothing in this chapter prohibits a public entity from the neutral encouragement of voters to vote.
(4) Nothing in this chapter prohibits an elected official from campaigning or advocating for or against a ballot proposition.
(5) Subject to Subsection (6), a county or municipality may expend a reasonable amount of public funds to:

(5)(a) prepare and publish a written argument or written rebuttal argument in accordance with Section 20A-7-401.5, 20A-7-402, or 59-1-1604; or
(5)(b) prepare an argument for, and present an argument at, a public meeting under Section 20A-7-405 or 59-1-1605.
(6) A county or municipality may not:

(6)(a) publish an argument or rebuttal argument prepared under Section 20A-7-401.5 or 20A-7-402, unless, at the same time and in the same manner, the county or municipality publishes each opposing argument and rebuttal argument that:
(6)(a)(i) relates to the same proposed initiative, initiative, proposed referendum, or referendum; and
(6)(a)(ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402;
(6)(b) publish an argument or rebuttal argument for or against a proposed initiative, initiative, proposed referendum, or referendum that was not prepared and submitted in accordance with Section 20A-7-401.5 or 20A-7-402; or
(6)(c) present an argument or rebuttal argument for or against a proposed initiative, initiative, proposed referendum, or referendum at a public meeting, unless the county or municipality provides equal opportunity for persons to present opposing arguments and rebuttal arguments at the public meeting.

Legislative History

Amended by Chapter 203, 2019 General Session