Dear Representative Nguyen,
My name is Gage Johnstone and I'm a senior at Judge Memorial Catholic High School in your district. I am writing to you about the matter of civic involvement, and recent legislation that has been proposed that would affect the voices of thousands across Utah. I am particularly concerned with H.B. 112, titled "Political Advertising Amendments," a bill which recently had its second reading in the House. For the following reasons, I urge you to vote no on this bill, as it may hinder civic involvement and harm Utah's voter base.
Firstly, while this may seem like an ordinary updating of laws already in place, its adjustments could have major consequences on particular demographics. The proposed legislation aims to fine those who do not comply with certain political advertising laws. My concern is that while a $1,000 fine may be amply punitive for a small organization in violation of these laws, for larger, more powerful political organizations, it is almost nothing. This bill places power firmly in the hands of large political parties and organizations, who may consider the fine more of a business expense rather than a punishment. It also harms smaller political organizations, who may not have the resources to ensure that every part of what they do is in compliance with these rather vague political advertising laws.
Additionally, this bill may discourage people from voicing their political beliefs out of fear of violating these laws. The average Utah resident probably isn't the most well versed in the details of political advertising laws. Because of this, many people may choose silence rather than running the risk of a fine. People will likely accidentally violate these laws as well. Do we really want to punish well-intentioned citizens for misunderstanding the specifics of these laws?
This bill has yet another issue with the matter of enforcement. Fair and equal enforcement of a bill like this, especially online, is a difficult task, and this bill does not outline any effective way of doing so. Until this is addressed, this bill may be ineffective regardless of whether or not it is passed.
Another relevant way to view this issue is to look at the historical precedent. In Washington Post v. McManus, the Supreme Court ruled that content-based regulation of online political advertisements violated the First Amendment. In the federal lawsuit Utah Taxpayers Association v. Cox, Utah agreed not to enforce a similar campaign finance law because it discouraged voter expression. Neither of these cases are exact parallels, but both show where the precedent lies. Laws that hinder voter expression cannot be passed.
This bill is more than words on a page. It directly affects the freedoms of the thousands of Utahns you represent. This issue matters deeply to me, as I am about to become a voter myself. I urge you to vote no on H.B. 112, a bill that will harm the voice of the people of Utah.
Thank you for your time, service, and commitment to our community. I appreciate your consideration, and I am confident that you will work in the best interest of the people of Utah.
Sincerely,
Gage Johnstone
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