S.B. 242

1

CAMPAIGN FINANCE REFORM AMENDMENT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Robert C. Steiner
5 AN ACT RELATING TO CAMPAIGN FINANCE; MODIFYING DEFINITIONS;
6 ESTABLISHING CERTAIN CAMPAIGN CONTRIBUTION REQUIREMENTS; AND
7 MAKING TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 20A-9-201, as last amended by Chapter 258, Laws of Utah 1996
11 20A-11-101, as enacted by Chapter 1 and last amended by Chapter 152, Laws of Utah 1995
12 ENACTS:
13 20A-11-103, Utah Code Annotated 1953
14 20A-11-104, Utah Code Annotated 1953
15 20A-11-105, Utah Code Annotated 1953
16 20A-11-106, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 20A-9-201 is amended to read:
19 20A-9-201. Declarations of candidacy -- Candidacy for more than one office
20 prohibited -- General filing and form requirements.
21 (1) Before filing a declaration of candidacy for election to any office, a person shall:
22 (a) be a United States citizen; and
23 (b) meet the legal requirements of that office.
24 (2) A person may not file for, or be a candidate for, more than one elective office during
25 any election year.
26 (3) If the final date established for filing a declaration of candidacy is a Saturday or
27 Sunday, the filing time shall be extended until 5 p.m. on the following Monday.

1 (4) (a) (i) Before the filing officer may accept any declaration of candidacy, the filing
2 officer shall:
3 (A) read to the prospective candidate the constitutional and statutory qualification
4 requirements for the office that the candidate is seeking; [and]
5 (B) require the candidate to state whether or not the candidate meets those requirements;
6 (C) ask the candidate whether or not the candidate wishes to voluntarily comply with the
7 campaign contribution requirements established in Section 20A-11-103 and provide the candidate
8 with the affidavit required by that section; and
9 (D) inform the candidate about the campaign contribution limits and the campaign
10 reporting requirements established by this chapter.
11 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
12 county clerk shall ensure that the person filing that declaration of candidacy is:
13 (A) a United States citizen;
14 (B) an attorney licensed to practice law in Utah who is an active member in good standing
15 of the Utah State Bar;
16 (C) a registered voter in the county in which he is seeking office; and
17 (D) a current resident of the county in which he is seeking office and has been a resident
18 of that county for at least one year.
19 (b) If the prospective candidate states that he does not meet the qualification requirements
20 for the office, the filing officer may not accept the prospective candidate's declaration of
21 candidacy.
22 (c) If the candidate states that he meets the requirements of candidacy, the filing officer
23 shall:
24 (i) accept the candidate's declaration of candidacy; and
25 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
26 declaration of candidacy to the chair of the county or state political party of which the candidate
27 is a member.
28 (5) The form of the declaration of candidacy shall be substantially as follows:
29 "State of Utah, County of ____
30 I, ______________, declare my intention of becoming a candidate for the office of ____
31 as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office, both

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1 legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____,
2 Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
3 and elections; and I will qualify for the office if elected to it.
4 ____________________________________________________________________
5 Subscribed and sworn before me this ____ day of ____, 19__.
6

_________________________________________________

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Notary Public (or other officer qualified to administer oath.)"

8 (6) (a) The fee for filing a declaration of candidacy is:
9 (i) $25 for candidates for the local school district board; and
10 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
11 holding the office, but not less than $5, for all other federal, state, and county offices.
12 (b) The filing officer shall refund the filing fee to any candidate:
13 (i) who is disqualified; or
14 (ii) who the filing officer determines has filed improperly.
15 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
16 from candidates.
17 (ii) The lieutenant governor shall:
18 (A) apportion to and pay to the county treasurers of the various counties all fees received
19 for filing of nomination certificates or acceptances; and
20 (B) ensure that each county receives that proportion of the total amount paid to the
21 lieutenant governor from the congressional district that the total vote of that county for all
22 candidates for representative in Congress bears to the total vote of all counties within the
23 congressional district for all candidates for representative in Congress.
24 (d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
25 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
26 impecuniosity filed with the filing officer.
27 (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
28 substantially the following form:
29 "Affidavit of Impecuniosity
30 Individual Name ____________________________Address_____________________________
31 Phone Number _________________

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1 I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
2 I am unable to pay the filing fee required by law.
3 Date ______________ Signature________________________________________________
4 Affiant
5 Subscribed and sworn to before me on ___________(date)
6

______________________

7

(signature)

8 Name and Title of Officer Authorized to Administer Oath:"
9 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
10 within the time provided in this chapter is ineligible for nomination to office.
11 Section 2. Section 20A-11-101 is amended to read:
12 20A-11-101. Definitions.
13 As used in this chapter:
14 (1) "Address" means the number and street where an individual resides or where a
15 reporting entity has its principal office.
16 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
17 amendments, and any other ballot propositions submitted to the voters that are authorized by the
18 Utah Code Annotated 1953.
19 (3) "Candidate" means any person who:
20 (a) files a declaration of candidacy for a public office; or
21 (b) receives contributions, makes expenditures, or gives consent for any other person to
22 receive contributions or make expenditures to bring about the person's nomination or election to
23 a public office.
24 (4) "Continuing political party" means an organization of voters that participated in the
25 last regular general election and polled a total vote equal to 2% or more of the total votes cast for
26 all candidates for the United States House of Representatives.
27 (5) (a) "Contribution" means any of the following when done for political purposes:
28 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value
29 given to the filing entity;
30 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
31 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything

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1 of value to the filing entity;
2 (iii) any transfer of funds from another reporting entity or a corporation to the filing entity;
3 (iv) compensation paid by any person or reporting entity other than the filing entity for
4 personal services provided without charge to the filing entity;
5 (v) remuneration from any organization or its directly affiliated organization that has a
6 registered lobbyist to compensate a legislator for a loss of salary or income while the Legislature
7 is in session;
8 (vi) salaries or other remuneration paid to a legislator by any agency or subdivision of the
9 state, including school districts, for the period the Legislature is in session; and
10 (vii) goods or services provided to or for the benefit of the filing entity at less than fair
11 market value.
12 (b) "Contribution" does not include:
13 (i) services provided without compensation by individuals volunteering a portion or all of
14 their time on behalf of the filing entity; or
15 (ii) money lent to the filing entity by a financial institution in the ordinary course of
16 business.
17 (6) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
18 organization that is registered as a corporation or is authorized to do business in a state and makes
19 any expenditure from corporate funds for:
20 (i) political purposes; or
21 (ii) the purpose of influencing the approval or the defeat of any ballot proposition.
22 (b) "Corporation" does not mean:
23 (i) a business organization's political action committee or political issues committee; or
24 (ii) a business entity organized as a partnership or a sole proprietorship.
25 (7) "Detailed listing" means:
26 (a) for each contribution or public service assistance:
27 (i) the name and address of the individual or source making the contribution or public
28 service assistance;
29 (ii) the amount or value of the contribution or public service assistance; and
30 (iii) the date the contribution or public service assistance was made; and
31 (b) for each expenditure:

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1 (i) the amount of the expenditure;
2 (ii) the person or entity to whom it was disbursed;
3 (iii) the specific purpose for the expenditure; and
4 (iv) the date the expenditure was made.
5 (8) "Election" means each:
6 (a) regular general election;
7 (b) regular primary election; and
8 (c) special election at which candidates are eliminated and selected.
9 (9) "Election cycle" means the period from the date a person files a declaration of
10 candidacy until:
11 (i) the end of his term in office, if he is elected and does not run for reelection or another
12 elected office;
13 (ii) the date the person files a new declaration of candidacy for any office; or
14 (iii) December 31 of the year of the regular general election in which the person was a
15 candidate, if the person is not elected.
16 [(9)] (10) (a) "Expenditure" means:
17 (i) any disbursement from contributions, receipts, or from the separate bank account
18 required by this chapter;
19 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
20 anything of value made for political purposes;
21 (iii) an express, legally enforceable contract, promise, or agreement to make any purchase,
22 payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for
23 political purposes;
24 (iv) compensation paid by a corporation or filing entity for personal services rendered by
25 a person without charge to a reporting entity;
26 (v) a transfer of funds between the filing entity and a candidate's personal campaign
27 committee; or
28 (vi) goods or services provided by the filing entity to or for the benefit of another reporting
29 entity for political purposes at less than fair market value.
30 (b) "Expenditure" does not include:
31 (i) services provided without compensation by individuals volunteering a portion or all of

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1 their time on behalf of a reporting entity;
2 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
3 business; or
4 (iii) anything listed in Subsection (5)(a) that is given by a corporation or reporting entity
5 to candidates for office or officeholders in states other than Utah.
6 [(10)] (11) "Filing entity" means the reporting entity that is filing a report required by this
7 chapter.
8 [(11)] (12) "Financial statement" includes any summary report, interim report, or other
9 statement disclosing contributions, expenditures, receipts, donations, or disbursements that is
10 required by this chapter.
11 [(12)] (13) "Governing board" means the individual or group of individuals that determine
12 the candidates and committees that will receive expenditures from a political action committee.
13 (14) "Household" means all the persons residing in one domicile.
14 [(13)] (15) "Individual" means a natural person.
15 [(14)] (16) "Interim report" means a report identifying the contributions received and
16 expenditures made since the last report.
17 [(15)] (17) "Legislative office" means the office of state senator, state representative,
18 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
19 assistant whip of any party caucus in either house of the Legislature.
20 [(16)] (18) "Legislative office candidate" means a person who:
21 (a) files a declaration of candidacy for the office of state senator or state representative;
22 (b) declares himself to be a candidate for, or actively campaigns for, the position of
23 speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant
24 whip of any party caucus in either house of the Legislature; and
25 (c) receives contributions, makes expenditures, or gives consent for any other person to
26 receive contributions or make expenditures to bring about the person's nomination or election to
27 a legislative office.
28 [(17)] (19) "Media owner" means each candidate and each member of any personal
29 campaign or party committee who, either in his own name or in the name of any other person,
30 owns any financial interest in any newspaper or other periodical circulating in Utah.
31 [(18)] (20) "Newly registered political party" means an organization of voters that has

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1 complied with the petition and organizing procedures of this chapter to become a registered
2 political party.
3 [(19)] (21) "Officeholder" means a person who holds a public office.
4 [(20)] (22) "Party committee" means any committee of a registered political party and any
5 committee organized by a registered political party.
6 [(21)] (23) "Person" means both natural and legal persons, including individuals, business
7 organizations, personal campaign committees, party committees, political action committees,
8 political issues committees, labor unions, and labor organizations.
9 [(22)] (24) "Personal campaign committee" means the committee appointed by a candidate
10 to act for the candidate as provided in this chapter.
11 [(23)] (25) (a) "Political action committee" means an entity, or any group of individuals
12 or entities within or outside this state, that solicits or receives contributions from any other person,
13 group, or entity or makes expenditures for political purposes. A group or entity may not divide
14 or separate into units, sections, or smaller groups for the purpose of avoiding the financial
15 reporting requirements of this chapter, and substance shall prevail over form in determining the
16 scope or size of a political action committee.
17 (b) "Political action committee" does not mean:
18 (i) a party committee;
19 (ii) any entity that provides goods or services to a candidate or committee in the regular
20 course of its business at the same price that would be provided to the general public;
21 (iii) an individual;
22 (iv) individuals who are related and who make contributions from a joint checking
23 account;
24 (v) a corporation; or
25 (vi) a personal campaign committee.
26 [(24)] (26) "Political convention" means a county or state political convention held by a
27 registered political party to select candidates.
28 [(25)] (27) (a) "Political issues committee" means an entity, or any group of individuals
29 or entities within or outside this state, that solicits or receives donations from any other person,
30 group, or entity or makes disbursements to influence, or to intend to influence, directly or
31 indirectly, any person to assist in placing a ballot proposition on the ballot, to assist in keeping a

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1 ballot proposition off the ballot, or to refrain from voting or to vote for or to vote against any ballot
2 proposition.
3 (b) "Political issues committee" does not mean:
4 (i) a registered political party;
5 (ii) any entity that provides goods or services to an individual or committee in the regular
6 course of its business at the same price that would be provided to the general public;
7 (iii) an individual;
8 (iv) individuals who are related and who make contributions from a joint checking
9 account; or
10 (v) a corporation, except a corporation whose apparent purpose is to act as a political
11 issues committee.
12 [(26)] (28) (a) "Political issues contribution" means any of the following:
13 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
14 anything of value given to a political issues committee;
15 (ii) an express, legally enforceable contract, promise, or agreement to make a political
16 issues donation to influence the approval or defeat of any ballot proposition;
17 (iii) any transfer of funds received by a political issues committee from a reporting entity;
18 (iv) compensation paid by another reporting entity for personal services rendered without
19 charge to a political issues committee; and
20 (v) goods or services provided to or for the benefit of a political issues committee at less
21 than fair market value.
22 (b) "Political issues contribution" does not include:
23 (i) services provided without compensation by individuals volunteering a portion or all of
24 their time on behalf of a political issues committee; or
25 (ii) money lent to a political issues committee by a financial institution in the ordinary
26 course of business.
27 [(27)] (29) (a) "Political issues expenditure" means any of the following:
28 (i) any payment from political issues contributions made for the purpose of influencing
29 the approval or the defeat of a statewide ballot proposition;
30 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
31 the purpose of influencing the approval or the defeat of a statewide ballot proposition;

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1 (iii) an express, legally enforceable contract, promise, or agreement to make any political
2 issues expenditure;
3 (iv) compensation paid by a reporting entity for personal services rendered by a person
4 without charge to a political issues committee; or
5 (v) goods or services provided to or for the benefit of another reporting entity at less than
6 fair market value.
7 (b) "Political issues expenditure" does not include:
8 (i) services provided without compensation by individuals volunteering a portion or all of
9 their time on behalf of a political issues committee; or
10 (ii) money lent to a political issues committee by a financial institution in the ordinary
11 course of business.
12 [(28)] (30) "Political purposes" means an act done with the intent or in a way to influence
13 or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
14 against any candidate for public office at any caucus, political convention, primary, or election.
15 [(29)] (31) "Primary election" means any regular primary election held under the election
16 laws.
17 [(30)] (32) "Public office" means the office of governor, lieutenant governor, state auditor,
18 state treasurer, attorney general, state senator, state representative, speaker of the House of
19 Representatives, president of the Senate, and the leader, whip, and assistant whip of any party
20 caucus in either house of the Legislature.
21 [(31)] (33) (a) "Public service assistance" means the following when given or provided to
22 an officeholder to defray the costs of functioning in a public office or aid the officeholder to
23 communicate with the officeholder's constituents:
24 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
25 money or anything of value to an officeholder; or
26 (ii) goods or services provided at less than fair market value to or for the benefit of the
27 officeholder.
28 (b) "Public service assistance" does not include:
29 (i) anything provided by the state;
30 (ii) services provided without compensation by individuals volunteering a portion or all
31 of their time on behalf of an officeholder;

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1 (iii) money lent to an officeholder by a financial institution in the ordinary course of
2 business;
3 (iv) news coverage or any publication by the news media; or
4 (v) any article, story, or other coverage as part of any regular publication of any
5 organization unless substantially all the publication is devoted to information about the
6 officeholder.
7 [(32)] (34) "Publicly identified class of individuals" means a group of 50 or more
8 individuals sharing a common occupation, interest, or association that contribute to a political
9 action committee or political issues committee and whose names can be obtained by contacting
10 the political action committee or political issues committee upon whose financial report they are
11 listed.
12 [(33)] (35) "Receipts" means contributions and public service assistance.
13 [(34)] (36) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
14 Lobbyist Disclosure and Regulation Act.
15 [(35)] (37) "Registered political action committee" means any political action committee
16 that is required by this chapter to file a statement of organization with the lieutenant governor's
17 office.
18 [(36)] (38) "Registered political issues committee" means any political issues committee
19 that is required by this chapter to file a statement of organization with the lieutenant governor's
20 office.
21 [(37)] (39) "Registered political party" means an organization of voters that:
22 (a) participated in the last regular general election and polled a total vote equal to 2% or
23 more of the total votes cast for all candidates for the United States House of Representatives for
24 any of its candidates for any office; or
25 (b) has complied with the petition and organizing procedures of this chapter.
26 [(38)] (40) "Report" means a verified financial statement.
27 [(39)] (41) "Reporting entity" means a candidate, a candidate's personal campaign
28 committee, an officeholder, and a party committee, a political action committee, and a political
29 issues committee.
30 [(40)] (42) "State office" means the offices of governor, lieutenant governor, attorney
31 general, state auditor, and state treasurer.

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1 [(41)] (43) "State office candidate" means a person who:
2 (a) files a declaration of candidacy for a state office; or
3 (b) receives contributions, makes expenditures, or gives consent for any other person to
4 receive contributions or make expenditures to bring about the person's nomination or election to
5 a state office.
6 [(42)] (44) "Summary report" means the year end report containing the summary of a
7 reporting entity's contributions and expenditures.
8 [(43)] (45) "Supervisory board" means the individual or group of individuals that allocate
9 expenditures from a political issues committee.
10 Section 3. Section 20A-11-103 is enacted to read:
11 20A-11-103. Voluntary limits on candidate contributions.
12 (1) (a) Any candidate may voluntarily agree to the requirements established in this section
13 by filing an affidavit with the filing officer at the time the candidate files a declaration of
14 candidacy.
15 (b) The filing officer shall:
16 (i) prepare affidavit forms and make them readily available to candidates as they file their
17 declaration of candidacy;
18 (ii) ensure that the affidavit contains language stating that the candidate is aware that
19 voluntary requirements apply to the office the candidate is seeking and that the candidate
20 voluntarily agrees not to accept any contributions that violate those requirements; and
21 (iii) ensure that the affidavit contains language stating the penalties for violation of the
22 voluntary requirements.
23 (2) (a) Each candidate who signs the affidavit shall ensure that, as of the last reporting date
24 before the regular general election and as of the December 31 reporting date, the candidate and
25 other persons who are part of the candidate's household have made contributions to the candidate's
26 campaign totaling no more than:
27 (i) $2,500, if the candidate is a candidate for the Utah House of Representatives;
28 (ii) $3,500, if the candidate is a candidate for the Utah Senate; and
29 (iii) $10,000, if the candidate is a candidate for a statewide office.
30 (b) (i) If the lieutenant governor determines from a candidate's financial reports that a
31 candidate received contributions that exceeded the limits established in this section, the lieutenant

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1 governor shall require the candidate to pay a penalty to the lieutenant governor equal to the amount
2 in excess of the limits established in this section.
3 (ii) The lieutenant governor may not impose the penalty established by this section after
4 the March 31 of the year after the election.
5 (c) Nothing in this section prohibits a candidate from making expenditures from his
6 contributions to a political party.
7 Section 4. Section 20A-11-104 is enacted to read:
8 20A-11-104. Contribution limits.
9 (1) Each legislative candidate shall ensure that, as of the last reporting date before the
10 regular general election, the candidate has received receipts totaling no more than $300 from any
11 one household or from any one political committee, business, corporation, labor union, or other
12 association in any election cycle.
13 (2) Each state office candidate shall ensure that, as of the last reporting date before the
14 regular general election, the candidate has received receipts totaling no more than $5,000 from any
15 one household or from any one political committee, business, corporation, labor union, or other
16 association in any election cycle.
17 (3) Each legislative candidate and each state office candidate shall ensure that the
18 candidate has not received contributions from another candidate's campaign nor made
19 expenditures from his contributions to another candidate.
20 (4) (a) Each legislative candidate shall ensure that the legislative candidate has received
21 receipts totaling no more than $3,000 from any one registered political party.
22 (b) Each state office candidate shall ensure that the state office candidate has received
23 receipts totaling no more than $20,000 from any one registered political party.
24 (5) When any candidate, household, political committee, business, corporation, labor
25 union, or other association makes a contribution to a registered political party, that household,
26 political committee, business, corporation, labor union, or other association may not designate or
27 earmark that contribution to be contributed by the political party to a particular candidate or
28 officeholder.
29 (6) (a) When any candidate receives contributions that violate the limits contained in this
30 section, the candidate shall, by December 31 of the election year, return that excess amount to the
31 person or entity who made the contribution.

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1 (b) If the lieutenant governor determines from a candidate's financial reports that the
2 candidate received contributions that exceeded the limits established in this section, the lieutenant
3 governor shall require the candidate to pay a penalty to the lieutenant governor equal to the amount
4 in excess of the limits established in this section.
5 (c) The lieutenant governor may not impose the penalty established by this section after
6 the March 31 of the year after the election.
7 (7) Nothing in this section prohibits a candidate from making expenditures from his
8 contributions to a political party.
9 Section 5. Section 20A-11-105 is enacted to read:
10 20A-11-105. Laundering prohibited.
11 (1) As used in this section:
12 (a) "Contributing entity" means an individual, political issues committee, business,
13 corporation, labor union, or association that makes contributions to a candidate.
14 (b) "Contributing entity" does not mean a political action committee or a registered
15 political party.
16 (2) A contributing entity may not receive monies from an individual, a political committee,
17 business, corporation, labor union, or other association and transfer them to a candidate as a
18 contribution from the contributing entity.
19 Section 6. Section 20A-11-106 is enacted to read:
20 20A-11-106. Candidates to count contributions towards contribution limits.
21 (1) As used in this section:
22 (a) "Bundled contribution" means a pecuniary contribution made by an individual,
23 political committee, registered political party, business, corporation, labor union, or association
24 that was:
25 (i) solicited, collected, or arranged by another individual, political committee, registered
26 political party, business, corporation, labor union, or association; and
27 (ii) transferred to a legislative candidate or state office candidate in a way that directly or
28 indirectly discloses the identity of the individual, political committee, registered political party,
29 business, corporation, labor union, or association who:
30 (A) solicited the pecuniary contribution;
31 (B) collected the pecuniary contribution; or

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1 (C) arranged for the pecuniary contribution to be made.
2 (b) "Pecuniary contribution" means checks, promissory notes, money orders, drafts, and
3 anything tangible that is made payable to a candidate.
4 (2) Each legislative candidate and each state office candidate shall count each bundled
5 contribution towards the contribution limit of:
6 (a) the individual, political committee, registered political party, business, corporation,
7 labor union, or association that made the pecuniary contribution; and
8 (b) the individual, political committee, registered political party, business, corporation,
9 labor union, or association who:
10 (i) solicited the pecuniary contribution;
11 (ii) collected the pecuniary contribution; or
12 (iii) arranged for the pecuniary contribution to be made.




Legislative Review Note
as of 2-4-97 8:35 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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