Title 20A Chapter 11 Section 702

Election Code
Campaign and Financial Reporting Requirements
Section 702
Campaign financial reporting of political issues expenditures by corporations -- Financial reporting -- Donor reporting and notification required.

            

20A-11-702.   Campaign financial reporting of political issues expenditures by corporations -- Financial reporting -- Donor reporting and notification required.

            (1) (a) Each corporation that has made political issues expenditures on current or proposed ballot issues that total at least $750 during a calendar year shall file a verified financial statement with the lieutenant governor's office:

            (i) on January 10, reporting expenditures as of December 31 of the previous year;

            (ii) seven days before the state political convention of each major political party;

            (iii) seven days before the regular primary election date;

            (iv) on August 31; and

            (v) seven days before the regular general election date.

            (b) The corporation shall report:

            (i) a detailed listing of all expenditures made since the last financial statement; and

            (ii) for financial statements under Subsections (1)(a)(ii) through (v), expenditures as of five days before the required filing date of the financial statement.

            (c) The corporation need not file a statement under this section if it made no expenditures during the reporting period.

            (2) That statement shall include:

            (a) the name and address of each individual, entity, or group of individuals or entities that received a political issues expenditure of more than $50 from the corporation, and the amount of each political issues expenditure;

            (b) the total amount of political issues expenditures disbursed by the corporation:

            (i) since the last financial statement; and

            (ii) during the calendar year;

            (c) (i) a statement that the corporation did not receive any money from any donor during the calendar year or the previous calendar year that the corporation has not reported in a previous financial statement; or

            (ii) a report, described in Subsection (3), of the money received from donors during the calendar year or the previous calendar year that the corporation has not reported in a previous financial statement; and

            (d) a statement by the corporation's treasurer or chief financial officer certifying the accuracy of the verified financial statement.

            (3) (a) The report required by Subsection (2)(c)(ii) shall include:

            (i) the name and address of each donor;

            (ii) the amount of the money received by the corporation from each donor; and

            (iii) the date on which the corporation received the money.

            (b) A corporation shall report money received from donors in the following order:

            (i) first, beginning with the least recent date on which the corporation received money that has not been reported in a previous financial statement, the money received from a donor that:

            (A) requests that the corporation use the money to make a political issues expenditure;

            (B) gives the money to the corporation in response to a solicitation indicating the corporation's intent to make a political issues expenditure; or

            (C) knows that the corporation may use the money to make a political issues expenditure; and

            (ii) second, divide the difference between the total amount of political issues expenditures made since the last financial statement and the total amount of money reported under Subsection (3)(b)(i) on a proration basis between all donors that:

            (A) are not described in Subsection (3)(b)(i);

            (B) gave at least $50 during the calendar year or previous calendar year; and

            (C) have not been reported in a previous financial statement.

            (c) If the amount reported under Subsection (3)(b) is less than the total amount of political issues expenditures made since the last financial statement, the financial statement shall contain a statement that the corporation has reported all donors that gave money, and all money received by donors, during the calendar year or previous calendar year that the corporation has not reported in a previous financial statement.

            (d) The corporation shall indicate on the financial statement that the amount attributed to each donor under Subsection (3)(b)(ii) is only an estimate.

            (e) (i) For all individual donations of $50 or less, the corporation may report a single aggregate figure without separate detailed listings.

            (ii) The corporation:

            (A) may not report in the aggregate two or more donations from the same source that have an aggregate total of more than $50; and

            (B) shall separately report donations described in Subsection (3)(e)(ii)(A).

            (4) If a corporation makes political issues expenditures that total at least $750 during a calendar year, the corporation shall notify a person giving money to the corporation that:

            (a) the corporation may use the money to make a political issues expenditure; and

            (b) the person's name and address may be disclosed on the corporation's financial statement.


Amended by Chapter 318, 2013 General Session

Amended by Chapter 420, 2013 General Session