§ 20A-17-103 — Posting political signs on public property.

(1) As used in this section:

(1)(a) "Local government entity" means:
(1)(a)(i) a county, municipality, or other political subdivision;
(1)(a)(ii) a special district, as defined in Section 17B-1-102;
(1)(a)(iii) a special service district, as defined in Section 17D-1-102;
(1)(a)(iv) a local building authority, as defined in Section 17D-2-102;
(1)(a)(v) a conservation district, as defined in Section 17D-3-102;
(1)(a)(vi) an independent entity, as defined in Section 63E-1-102;
(1)(a)(vii) a public corporation, as defined in Section 63E-1-102;
(1)(a)(viii) a public transit district, organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act;
(1)(a)(ix) a school district;
(1)(a)(x) a public school, including a charter school or other publicly funded school;
(1)(a)(xi) a state institution of higher education;
(1)(a)(xii) an entity that expends public funds; and
(1)(a)(xiii) each office, agency, or other division of an entity described in Subsections (1)(a)(i) through (xii).
(1)(b) "Political sign" means any sign or document that advocates:
(1)(b)(i) the election or defeat of a candidate for public office; or
(1)(b)(ii) the approval or defeat of a ballot proposition.
(1)(c) (1)(c)(i) "Public property" means any real property, building, or structure owned or leased by a local government entity.
(1)(c)(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) 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:

(2)(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
(2)(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.

Legislative History

Amended by Chapter 15, 2023 General Session