As used in this part: (1) "Clearly identified" means: (a) the name of the candidate appears; (b) a photograph or drawing of the candidate appears; or (c) the identity of the candidate or ballot proposition is apparent by unambiguous reference. (2) (a) "Independent expenditure" means an expenditure by a person expressly advocating the success or defeat of a clearly identified candidate or ballot proposition if the expenditure is not made in coordination with, or at the request or suggestion of: (i) a candidate; (ii) a candidate's personal campaign committee; (iii) a member of a candidate's personal campaign committee; (iv) a political action committee for which the candidate is an officer with primary decision making authority; (v) an agent of a candidate; or (vi) a political issues committee. (b) "Independent expenditure" includes: (i) the cost of creating and disseminating material for a public communication, including design and production costs; and (ii) a contract or other promise to make an expenditure described in Subsection (2)(a) or (2)(b) (i). (3) (a) "Public communication" means a communication by: (i) broadcast, cable, satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank; or (ii) another medium used for political advertising to the general public. (b) "Public communication" does not include: (i) a news story, a commentary, or an editorial disseminated by a broadcasting station, including a cable television operator, programmer, or producer, satellite television or radio provider, website, newspaper, magazine, or other periodical publication, that is not controlled by a candidate or political party; or (ii) a candidate debate or forum. (4) "Telephone bank" means 500 or more identical or substantially similar telephone calls within any 30-calendar-day period.
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