13-35-402. Fair notice period before election -- definition. (1) A candidate, a political committee that has filed a certification under 13-37-201, and an independent political committee shall at the time specified in subsection (3) of this section provide to candidates listed in subsection (2) of this section any final copy of campaign advertising in print media, in printed material, or by broadcast media that is intended for public distribution in the 10 days prior to an election unless:
     (a) identical material was already published or broadcast; or
     (b) the material does not identify or mention the opposing candidate.
     (2) The material must be provided to all other candidates who have filed for the same office and who are individually identified or mentioned in the advertising, except candidates mentioned in the context of endorsements.
     (3) Final copies of material described in subsection (1) must be provided to the candidates listed in subsection (2) at the following times:
     (a) at the time the material is published or broadcast or disseminated to the public;
     (b) if the material is disseminated by direct mail, on the date of the postmark; or
     (c) if the material is prepared and disseminated by hand, on the day the material is first being made available to the general public.
     (4) The copy of the material that must be provided to the candidates listed in subsection (2) must be provided by electronic mail, facsimile transmission, or hand delivery, with a copy provided by direct mail if the recipient does not have available either electronic mail or facsimile transmission. If the material is for broadcast media, the copy provided must be a written transcript of the broadcast.
     (5) For the purposes of this section, an "independent political committee" is a committee that is not specifically organized on behalf of a particular candidate or that is not controlled either directly or indirectly by a candidate or a candidate's committee in conjunction with the making of expenditures or accepting contributions.

     History: En. Sec. 2, Ch. 508, L. 2007.