(1) As used in this section: (a) "Actor" means the same as that term is defined in Section 76-1-101.5. (b) "In relation to an election process" means anything governed by this title, or another provision of law that governs a matter addressed by this title, including: (i) the administration or conduct of an election or a requirement or process relating to an election; or (ii) a provision relating to: (A) a voter or voting; (B) a candidate for public office or candidacy for public office; (C) an officeholder; (D) campaigning or political fundraising; (E) a person that participates in, or seeks to influence, an election; or (F) a lobbyist or lobbying. (2) An actor commits electronic communications abuse of elections or an elected office if the actor: (a) commits a violation of a provision of Title 76, Chapter 12, Part 2, Electronic Communication Abuse; and (b) commits the violation described in Subsection (2)(a): (i) by obtaining, using, or disseminating information obtained, directly or indirectly, from a voter registration record, a petition, a declaration of candidacy, a financial disclosure, a financial statement, a conflict of interest disclosure, or another source of information obtained, stored, provided, or disclosed under this title or in relation to elections; (ii) with the intent to retaliate against, threaten, deceive, or fraudulently influence a person in relation to an election process; (iii) with the intent to fraudulently influence an election process; or (iv) with the intent to retaliate against, threaten, deceive, or fraudulently influence: (A) a candidate in relation to the candidate's campaign or candidacy; or (B) an officeholder in relation to a duty of the officeholder, an action as an officeholder, or inaction as an officeholder. (3) If an actor can, for the same conduct, be charged under this section or under Title 76, Chapter 12, Part 2, Electronic Communication Abuse, the actor shall be charged under this section, unless a charge under Title 76, Chapter 12, Part 2, Electronic Communication Abuse, carries a more serious penalty.
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