H.B. 41

This document includes House Committee Amendments incorporated into the bill on Mon, Jan 28, 2008 at 12:16 PM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Mon, Feb 4, 2008 at 1:12 PM by jeyring. --> This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 12, 2008 at 9:30 AM by rday. --> 1

CAMPAIGN REPORT AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Sheryl L. Allen
5 Senate Sponsor: Peter C. Knudson
6
7 LONG TITLE
8 Committee Note:
9 The Political Subdivisions Interim Committee recommended this bill.
10 General Description:
11 This bill modifies provisions of the Campaign and Financial Reporting Requirements
12 chapter of the Election Code.
13 Highlighted Provisions:
14 This bill:
15 . consolidates definitions for clarity and consistency;
16 . clarifies the election officer's obligations to provide notice that certain campaign
17 financial statements are due;
18 . specifies what information the notices sent by the election officer must contain;
19 . requires the election officer to assess an administrative fee for each campaign
20 financial statement that is filed late by a state office candidate, a legislative
21 candidate, a state office or legislative officeholder, a political party, a political
22 action committee, a political issues committee, a state or local school board office
23 candidate, or a judicial retention candidate;
24 . clarifies that financial statements may be submitted via the Internet;
25 . provides procedures for filing amended campaign financial statements;
26 . requires the election officer to assess an administrative fee for all amended
27 campaign financial statements and provides a formula for calculation of the

28 administrative fee;
29 . provides for the deposit of administrative fees and penalties assessed under the
30 Campaign and Financial Reporting Requirements chapter;
31 . provides a process for appealing administrative fees assessed by the election officer;
32 and
33 . makes technical changes.
34 Monies Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 H. [ None ] This bill coordinates with S.B. 21, Campaign Finance Disclosure Revisions,
37a by providing superceding amendments. .H
38 Utah Code Sections Affected:
39 AMENDS:
40 20A-11-101, as last amended by Laws of Utah 2004, Chapter 90
41 20A-11-103, as last amended by Laws of Utah 2001, Chapter 166
42 20A-11-206, as last amended by Laws of Utah 1999, Chapter 93
43 20A-11-305, as last amended by Laws of Utah 1999, Chapter 93
44 20A-11-403, as repealed and reenacted by Laws of Utah 1997, Chapter 355
45 20A-11-508, as last amended by Laws of Utah 2006, Chapter 16
46 20A-11-603, as enacted by Laws of Utah 1997, Chapter 355
47 20A-11-703, as enacted by Laws of Utah 1997, Chapter 355
48 20A-11-803, as enacted by Laws of Utah 1997, Chapter 355
49 20A-11-1305, as last amended by Laws of Utah 2003, Chapter 215
50 20A-12-306, as enacted by Laws of Utah 2001, Chapter 166
51 ENACTS:
52 20A-11-104, Utah Code Annotated 1953
53 20A-11-105, Utah Code Annotated 1953
54 20A-11-106, Utah Code Annotated 1953
55
56 Be it enacted by the Legislature of the state of Utah:
57 Section 1. Section 20A-11-101 is amended to read:
58 20A-11-101. Definitions.

59 As used in this chapter:
60 (1) "Address" means the number and street where an individual resides or where a
61 reporting entity has its principal office.
62 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
63 amendments, and any other ballot propositions submitted to the voters that are authorized by
64 the Utah Code Annotated 1953.
65 (3) "Candidate" means any person who:
66 (a) files a declaration of candidacy for a public office; or
67 (b) receives contributions, makes expenditures, or gives consent for any other person to
68 receive contributions or make expenditures to bring about the person's nomination or election
69 to a public office.
70 (4) "Chief election officer" means:
71 (a) the lieutenant governor for state office candidates, legislative office candidates,
72 officeholders, political parties, political action committees, corporations, political issues
73 committees, and state school board candidates; and
74 (b) the county clerk for local school board candidates.
75 (5) "Continuing political party" means an organization of voters that participated in the
76 last regular general election and polled a total vote equal to 2% or more of the total votes cast
77 for all candidates for the United States House of Representatives.
78 (6) (a) "Contribution" means any of the following when done for political purposes:
79 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
80 value given to the filing entity;
81 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
82 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
83 anything of value to the filing entity;
84 (iii) any transfer of funds from another reporting entity or a corporation to the filing
85 entity;
86 (iv) compensation paid by any person or reporting entity other than the filing entity for
87 personal services provided without charge to the filing entity;
88 (v) remuneration from any organization or its directly affiliated organization that has a
89 registered lobbyist to compensate a legislator for a loss of salary or income while the

90 Legislature is in session;
91 (vi) salaries or other remuneration paid to a legislator by any agency or subdivision of
92 the state, including school districts, for the period the Legislature is in session; and
93 (vii) goods or services provided to or for the benefit of the filing entity at less than fair
94 market value.
95 (b) "Contribution" does not include:
96 (i) services provided without compensation by individuals volunteering a portion or all
97 of their time on behalf of the filing entity; or
98 (ii) money lent to the filing entity by a financial institution in the ordinary course of
99 business.
100 (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
101 organization that is registered as a corporation or is authorized to do business in a state and
102 makes any expenditure from corporate funds for:
103 (i) political purposes; or
104 (ii) the purpose of influencing the approval or the defeat of any ballot proposition.
105 (b) "Corporation" does not mean:
106 (i) a business organization's political action committee or political issues committee; or
107 (ii) a business entity organized as a partnership or a sole proprietorship.
108 (8) "Detailed listing" means:
109 (a) for each contribution or public service assistance:
110 (i) the name and address of the individual or source making the contribution or public
111 service assistance;
112 (ii) the amount or value of the contribution or public service assistance; and
113 (iii) the date the contribution or public service assistance was made; and
114 (b) for each expenditure:
115 (i) the amount of the expenditure;
116 (ii) the person or entity to whom it was disbursed;
117 (iii) the specific purpose, item, or service acquired by the expenditure; and
118 (iv) the date the expenditure was made.
119 (9) "Election" means each:
120 (a) regular general election;

121 (b) regular primary election; and
122 (c) special election at which candidates are eliminated and selected.
123 (10) (a) "Expenditure" means:
124 (i) any disbursement from contributions, receipts, or from the separate bank account
125 required by this chapter;
126 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
127 or anything of value made for political purposes;
128 (iii) an express, legally enforceable contract, promise, or agreement to make any
129 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
130 value for political purposes;
131 (iv) compensation paid by a corporation or filing entity for personal services rendered
132 by a person without charge to a reporting entity;
133 (v) a transfer of funds between the filing entity and a candidate's personal campaign
134 committee; or
135 (vi) goods or services provided by the filing entity to or for the benefit of another
136 reporting entity for political purposes at less than fair market value.
137 (b) "Expenditure" does not include:
138 (i) services provided without compensation by individuals volunteering a portion or all
139 of their time on behalf of a reporting entity;
140 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
141 business; or
142 (iii) anything listed in Subsection (10)(a) that is given by a corporation or reporting
143 entity to candidates for office or officeholders in states other than Utah.
144 (11) "Filing entity" means the reporting entity that is filing a [report] financial
145 statement required by this chapter.
146 (12) "Financial statement" includes any summary report, interim report, verified
147 financial statement, or other statement disclosing contributions, expenditures, receipts,
148 donations, or disbursements that is required by this chapter.
149 (13) "Governing board" means the individual or group of individuals that determine the
150 candidates and committees that will receive expenditures from a political action committee.
151 (14) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,

152 Incorporation, by which a geographical area becomes legally recognized as a city or town.
153 (15) "Incorporation election" means the election authorized by Section 10-2-111 .
154 (16) "Incorporation petition" means a petition authorized by Section 10-2-109 .
155 (17) "Individual" means a natural person.
156 (18) "Interim report" means a report identifying the contributions received and
157 expenditures made since the last report.
158 (19) "Legislative office" means the office of state senator, state representative, speaker
159 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
160 whip of any party caucus in either house of the Legislature.
161 (20) "Legislative office candidate" means a person who:
162 (a) files a declaration of candidacy for the office of state senator or state representative;
163 (b) declares himself to be a candidate for, or actively campaigns for, the position of
164 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
165 assistant whip of any party caucus in either house of the Legislature; and
166 (c) receives contributions, makes expenditures, or gives consent for any other person to
167 receive contributions or make expenditures to bring about the person's nomination or election
168 to a legislative office.
169 (21) "Newly registered political party" means an organization of voters that has
170 complied with the petition and organizing procedures of this chapter to become a registered
171 political party.
172 (22) "Officeholder" means a person who holds a public office.
173 (23) "Party committee" means any committee organized by or authorized by the
174 governing board of a registered political party.
175 (24) "Person" means both natural and legal persons, including individuals, business
176 organizations, personal campaign committees, party committees, political action committees,
177 political issues committees, labor unions, and labor organizations.
178 (25) "Personal campaign committee" means the committee appointed by a candidate to
179 act for the candidate as provided in this chapter.
180 (26) (a) "Political action committee" means an entity, or any group of individuals or
181 entities within or outside this state, that solicits or receives contributions from any other person,
182 group, or entity or makes expenditures for political purposes. A group or entity may not divide

183 or separate into units, sections, or smaller groups for the purpose of avoiding the financial
184 reporting requirements of this chapter, and substance shall prevail over form in determining the
185 scope or size of a political action committee.
186 (b) "Political action committee" includes groups affiliated with a registered political
187 party but not authorized or organized by the governing board of the registered political party
188 that receive contributions or makes expenditures for political purposes.
189 (c) "Political action committee" does not mean:
190 (i) a party committee;
191 (ii) any entity that provides goods or services to a candidate or committee in the regular
192 course of its business at the same price that would be provided to the general public;
193 (iii) an individual;
194 (iv) individuals who are related and who make contributions from a joint checking
195 account;
196 (v) a corporation; or
197 (vi) a personal campaign committee.
198 (27) "Political convention" means a county or state political convention held by a
199 registered political party to select candidates.
200 (28) (a) "Political issues committee" means an entity, or any group of individuals or
201 entities within or outside this state, that solicits or receives donations from any other person,
202 group, or entity or makes disbursements to influence, or to intend to influence, directly or
203 indirectly, any person to:
204 (i) assist in placing a statewide ballot proposition on the ballot, assist in keeping a
205 statewide ballot proposition off the ballot, or refrain from voting or vote for or vote against any
206 statewide ballot proposition; or
207 (ii) sign or refuse to sign an incorporation petition or refrain from voting, vote for, or
208 vote against any proposed incorporation in an incorporation election.
209 (b) "Political issues committee" does not mean:
210 (i) a registered political party or a party committee;
211 (ii) any entity that provides goods or services to an individual or committee in the
212 regular course of its business at the same price that would be provided to the general public;
213 (iii) an individual;

214 (iv) individuals who are related and who make contributions from a joint checking
215 account; or
216 (v) a corporation, except a corporation whose apparent purpose is to act as a political
217 issues committee.
218 (29) (a) "Political issues contribution" means any of the following:
219 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
220 anything of value given to a political issues committee;
221 (ii) an express, legally enforceable contract, promise, or agreement to make a political
222 issues donation to influence the approval or defeat of any ballot proposition;
223 (iii) any transfer of funds received by a political issues committee from a reporting
224 entity;
225 (iv) compensation paid by another reporting entity for personal services rendered
226 without charge to a political issues committee; and
227 (v) goods or services provided to or for the benefit of a political issues committee at
228 less than fair market value.
229 (b) "Political issues contribution" does not include:
230 (i) services provided without compensation by individuals volunteering a portion or all
231 of their time on behalf of a political issues committee; or
232 (ii) money lent to a political issues committee by a financial institution in the ordinary
233 course of business.
234 (30) (a) "Political issues expenditure" means any of the following:
235 (i) any payment from political issues contributions made for the purpose of influencing
236 the approval or the defeat of a statewide ballot proposition;
237 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
238 the purpose of influencing the approval or the defeat of a statewide ballot proposition;
239 (iii) an express, legally enforceable contract, promise, or agreement to make any
240 political issues expenditure;
241 (iv) compensation paid by a reporting entity for personal services rendered by a person
242 without charge to a political issues committee; or
243 (v) goods or services provided to or for the benefit of another reporting entity at less
244 than fair market value.

245 (b) "Political issues expenditure" does not include:
246 (i) services provided without compensation by individuals volunteering a portion or all
247 of their time on behalf of a political issues committee; or
248 (ii) money lent to a political issues committee by a financial institution in the ordinary
249 course of business.
250 (31) "Political purposes" means an act done with the intent or in a way to influence or
251 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
252 against any candidate for public office at any caucus, political convention, primary, or election.
253 (32) "Primary election" means any regular primary election held under the election
254 laws.
255 (33) "Public office" means the office of governor, lieutenant governor, state auditor,
256 state treasurer, attorney general, state or local school board member, state senator, state
257 representative, speaker of the House of Representatives, president of the Senate, and the leader,
258 whip, and assistant whip of any party caucus in either house of the Legislature.
259 (34) (a) "Public service assistance" means the following when given or provided to an
260 officeholder to defray the costs of functioning in a public office or aid the officeholder to
261 communicate with the officeholder's constituents:
262 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
263 money or anything of value to an officeholder; or
264 (ii) goods or services provided at less than fair market value to or for the benefit of the
265 officeholder.
266 (b) "Public service assistance" does not include:
267 (i) anything provided by the state;
268 (ii) services provided without compensation by individuals volunteering a portion or all
269 of their time on behalf of an officeholder;
270 (iii) money lent to an officeholder by a financial institution in the ordinary course of
271 business;
272 (iv) news coverage or any publication by the news media; or
273 (v) any article, story, or other coverage as part of any regular publication of any
274 organization unless substantially all the publication is devoted to information about the
275 officeholder.

276 (35) "Publicly identified class of individuals" means a group of 50 or more individuals
277 sharing a common occupation, interest, or association that contribute to a political action
278 committee or political issues committee and whose names can be obtained by contacting the
279 political action committee or political issues committee upon whose financial report they are
280 listed.
281 (36) "Receipts" means contributions and public service assistance.
282 (37) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
283 Lobbyist Disclosure and Regulation Act.
284 (38) "Registered political action committee" means any political action committee that
285 is required by this chapter to file a statement of organization with the lieutenant governor's
286 office.
287 (39) "Registered political issues committee" means any political issues committee that
288 is required by this chapter to file a statement of organization with the lieutenant governor's
289 office.
290 (40) "Registered political party" means an organization of voters that:
291 (a) participated in the last regular general election and polled a total vote equal to 2%
292 or more of the total votes cast for all candidates for the United States House of Representatives
293 for any of its candidates for any office; or
294 (b) has complied with the petition and organizing procedures of this chapter.
295 [(41) "Report" means a verified financial statement.]
296 [(42)] (41) "Reporting entity" means a candidate, a candidate's personal campaign
297 committee, an officeholder, [and] a party committee, a political action committee, and a
298 political issues committee.
299 [(43)] (42) "School board office" means the office of state school board or local school
300 board.
301 [(44)] (43) (a) "Source" means the person or entity that is the legal owner of the
302 tangible or intangible asset that comprises the contribution.
303 (b) "Source" means, for political action committees and corporations, the political
304 action committee and the corporation as entities, not the contributors to the political action
305 committee or the owners or shareholders of the corporation.
306 [(45)] (44) "State office" means the offices of governor, lieutenant governor, attorney

307 general, state auditor, and state treasurer.
308 [(46)] (45) "State office candidate" means a person who:
309 (a) files a declaration of candidacy for a state office; or
310 (b) receives contributions, makes expenditures, or gives consent for any other person to
311 receive contributions or make expenditures to bring about the person's nomination or election
312 to a state office.
313 [(47)] (46) "Summary report" means the year end report containing the summary of a
314 reporting entity's contributions and expenditures.
315 [(48)] (47) "Supervisory board" means the individual or group of individuals that
316 allocate expenditures from a political issues committee.
317 Section 2. Section 20A-11-103 is amended to read:
318 20A-11-103. Notice of pending interim and summary reports -- Form of
319 submission.
320 (1) (a) [(i)] Ten days before a [report] financial statement from a state office candidate,
321 legislative office candidate, officeholder, state school board candidate, political party, political
322 action committee, political issues committee, or judge is due under this chapter, the lieutenant
323 governor shall inform those candidates, officeholders, parties, committees, and judges[, and
324 entities] by postal mail or, if requested by the candidate, [judge,] officeholder, party, [or]
325 committee, or judge, by electronic mail:
326 [(A)] (i) that the [report] financial statement is due; [and]
327 [(B)] (ii) the date that the [report] financial statement is due[.];
328 (iii) that administrative fees will be assessed if the financial statement is not timely
329 received;
330 [(ii)] (iv) [In addition to the information required by Subsection (1)(a)(i) and in the
331 same mailing, ten days before the interim reports for candidates or judges are due, the
332 lieutenant governor shall inform the candidate or judge] if the notification is sent to a judge in
333 reference to the interim report due before the regular general election, H. [ or ] that voters will be
333a informed that the judge has been disqualified and any votes cast for the judge will not be
333b counted if the report is not timely filed;
333c (v) if the notification is sent .H to a candidate in
334 reference to an interim report due before the regular primary election, on September 15, or
335 before the regular general election, that H. [ if the report is not ] .H [received in the
335a lieutenant governor's
336 office by 5 p.m. on the date that it is due] H. [ timely filed, ] .H voters will be informed that the
337 candidate H. [ or judge ] .H has been disqualified and any votes cast for the candidate H. [ or
337a judge ] .H will not

338 be counted[.] H. if the report is not timely filed .H ;
339 [(iii)] H. [ (v) ] (vi) .H [In addition to the information required by Subsection (1)(a)(i)
339a and in the
340 same mailing, ten days before the interim reports or verified financial statements for entities
341 that are due September 15 and before the regular general election are due, and ten days before
342 summary reports or January 5 financial statements are due, the lieutenant governor shall inform
343 the entity, candidate, judge, or officeholder that if the report is not received in the lieutenant
344 governor's office by the date that it is due, the entity, candidate, judge, or officeholder] if the
345 notification is sent to a political party, political action committee, or political issues committee
346 in reference to an interim report or a verified financial statement, that the entity may be guilty
347 of a class B misdemeanor for failing to file the report or statement[.]; and
348 H. [ (vi) ] (vii) .H if the notification is in reference to a summary report, that the candidate,
349 officeholder, party, committee, or judge may be guilty of a class B misdemeanor for failing to
350 file the report.
351 (b) Ten days before [a] an interim or summary report from a local school board
352 candidate is due under this chapter, the county clerk shall inform the candidate by postal mail
353 or, if requested, by electronic mail:
354 (i) that the report is due;
355 (ii) the date that the report is due; [and]
356 (iii) that the candidate will be assessed administrative fees if the report is not timely
357 received;
358 [(iii)] (iv) if the notification is in reference to an interim report due before the regular
359 primary election, on September 15, or before the regular general election, that, if the report is
360 not [received in the county clerk's office by 5 p.m. on the date that it is due] timely filed, voters
361 will be informed that the candidate has been disqualified and any votes cast for the candidate
362 will not be counted[.]; and
363 (v) if the notification is in reference to a summary report, that the candidate may be
364 guilty of a class B misdemeanor for failing to file the report.
365 (2) Persons or entities submitting [reports] financial statements required by this chapter
366 may submit them:
367 (a) on paper, printed, typed, or legibly handwritten or hand printed;
368 (b) on a computer disk according to specifications established by the chief election

369 officer that protect against fraudulent filings and secure the accuracy of the information
370 contained on the computer disk;
371 (c) via fax; or
372 (d) via electronic mail or the Internet, according to specifications established by the
373 chief election officer.
374 (3) A [report] financial statement is considered timely filed if:
375 (a) it is received in the chief election officer's office no later than 5:00 p.m. on the date
376 that it is due;
377 (b) it is received in the chief election officer's office with a postmark three days or
378 more before the date that the [report] financial statement was due; or
379 (c) the candidate, judge, or entity has proof that the [report] financial statement was
380 mailed, with appropriate postage and addressing, three days before the [report] financial
381 statement was due.
382 Section 3. Section 20A-11-104 is enacted to read:
383 20A-11-104. Late financial statements -- Fees.
384 (1) The election officer shall assess the following administrative fees against any
385 person who fails to timely file a financial statement required by this chapter:
386 (a) an administrative fee of S. [ $1,000 ] $100 .S for each late financial statement; and
387 (b) for each late financial statement, an additional, daily administrative fee of S. [ $50 ] $20 .S ,
388 which shall be assessed for each calendar day that falls between the date the statement was due
389 and the date that the late statement is filed.
390 (2) A person may appeal an administrative fee assessed under this section to the district
391 court having personal jurisdiction over the person by filing a complaint contesting the fee
392 within 30 days of the date the penalty was assessed.
393 (3) When determining if a financial statement is timely filed, the provisions of
394 Subsection 20A-11-103 (3) shall govern.
395 (4) If a person is removed from the ballot due to the person's failure to timely file the
396 financial statement, the election officer shall not assess a fee for the late financial statement
397 under this section.
398 Section 4. Section 20A-11-105 is enacted to read:
399 20A-11-105. Amending financial statements -- Fees.

400 (1) H. For the purposes of this section, " [ election ] fee calculation cycle" means the
400a1 [ two year ] period
400a [ commencing ] that commences on March 1 [ in a regular general election ] of each year and
400b1 [ ending ] ends on the last day of
400b February [ in the next regular general election ] of the following year.
400c (2) .H A person may file an amended financial statement to correct any financial statement
401 filed under the requirements of this chapter, using the form required by the election officer,
402 either:
403 (a) voluntarily; or
404 (b) at the direction of the election officer, as provided for in this chapter.
405 H. [ (2) The ] (3) (a) Subject to the requirements of Subsection (3)(b), the .H election
405a officer shall assess an administrative fee for each amended financial
406 statement filed, which fee shall equal H. [ the greater of:
407 (a) $25; or
408 (b) ] .H the total of the following assessments, which shall be assessed for each change
409 made in the amended financial statement:
410 (i) for a H. substantive .H change of the name of an individual or source making a
410a contribution or public
411 service assistance, 5% of the contribution or public service assistance;
412 (ii) for a H. substantive .H change of the name of a person or entity receiving
412a disbursement of an
413 expenditure, 5% of the amount of the expenditure;
414 (iii) for a change that results in an increase in the reported amount of a contribution or
415 public service assistance, 5% of the difference between the amended financial statement and
416 the previously filed financial statement;
417 (iv) for a change that results in an increase in the reported amount of an expenditure,
418 5% of the difference between the amended financial statement and the previously filed
419 financial statement; or
420 (v) for a newly reported contribution, public service assistance, or expenditure, or a
421 H. substantive .H change in H. [ both ] .H the name and H. a change in .H the amount
421a associated with a contribution, public service
422 assistance, or expenditure, 5% of the contribution, public service assistance, or expenditure.
422a H. (b) The election officer shall waive the first $50 of fees that are assessable to a
422b person [ during an election cycle ] under Subsection (3)(a) during each fee calculation cycle ,
422c1 [ except in no case shall ] and the election
422c officer [ enforce collection of a ] shall not assess a fee [ that is less than ] against a person until the
422d fees that are assessable during the fee calculation cycle total at least $25. .H

423 (3) A person may appeal an administrative fee assessed under this section to the district
424 court having personal jurisdiction over the person by filing a complaint contesting the fee
425 within 30 days of the date the fee was assessed.
426 Section 5. Section 20A-11-106 is enacted to read:

427 20A-11-106. Revenue from fees and penalties.
428 (1) Revenue generated by administrative fees and penalties assessed by the lieutenant
429 governor under this chapter shall be deposited in the General Fund.
430 (2) Revenue generated by administrative fees and penalties assessed by a county clerk

431 under this chapter shall be deposited as directed by the county legislative body.
432 Section 6. Section 20A-11-206 is amended to read:
433 20A-11-206. State office candidate -- Late statements -- Failure to file statements
434 -- Penalties.
435 (1) A state office candidate that fails to file a financial statement on or before the
436 statement's due date is subject to the penalties provided in Section 20A-11-104 .
437 [(1)] (2) (a) If a state office candidate fails to file an interim report due before the
438 regular primary election, September 15, or before the regular general election, the lieutenant
439 governor shall, after making a reasonable attempt to discover if the report was timely mailed,
440 inform the county clerk and other appropriate election officials who:
441 (i) shall, if practicable, remove the name of the candidate by blacking out the
442 candidate's name before the ballots are delivered to voters; or
443 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
444 the voters by any practicable method that the candidate has been disqualified and that votes
445 cast for the candidate will not be counted; and
446 (iii) may not count any votes for that candidate.
447 (b) Any state office candidate who fails to [file] timely file a financial statement
448 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
449 Section 20A-1-501 .
450 (c) Notwithstanding Subsections [(1)] (2)(a) and [(1)] (2)(b), a state office candidate is
451 not disqualified if:
452 (i) the candidate files the reports required by this section;
453 (ii) those reports are completed, detailing accurately and completely the information
454 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
455 and
456 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
457 the next scheduled report.
458 [(2)] (3) (a) Within 30 days after a deadline for the filing of a summary report, the
459 lieutenant governor shall review each filed summary report to ensure that:
460 (i) each state office candidate that is required to file a summary report has filed one;
461 and

462 (ii) each summary report contains the information required by this part.
463 (b) If it appears that any state office candidate has failed to file the summary report
464 required by law, if it appears that a filed summary report does not conform to the law, or if the
465 lieutenant governor has received a written complaint alleging a violation of the law or the
466 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
467 violation or receipt of a written complaint, notify the state office candidate of the violation or
468 written complaint and direct the state office candidate to file a summary report correcting the
469 problem.
470 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
471 report within 14 days after receiving notice from the lieutenant governor under this section.
472 (ii) Each state office candidate who violates Subsection [(2)] (3)(c)(i) is guilty of a
473 class B misdemeanor.
474 (iii) The lieutenant governor shall report all violations of Subsection [(2)] (3)(c)(i) to
475 the attorney general.
476 Section 7. Section 20A-11-305 is amended to read:
477 20A-11-305. Legislative office candidate -- Late statements -- Failure to file
478 statements -- Penalties -- Name not printed on ballot -- Filling vacancy.
479 (1) A legislative office candidate that fails to file a financial statement on or before the
480 statement's due date is subject to the penalties provided in Section 20A-11-104 .
481 [(1)] (2) (a) If a legislative office candidate fails to file an interim report due before the
482 regular primary election, September 15, or before the regular general election, the lieutenant
483 governor shall, after making a reasonable attempt to discover if the report was timely mailed,
484 inform the county clerk and other appropriate election officials who:
485 (i) shall, if practicable, remove the name of the candidate by blacking out the
486 candidate's name before the ballots are delivered to voters; or
487 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
488 the voters by any practicable method that the candidate has been disqualified and that votes
489 cast for the candidate will not be counted; and
490 (iii) may not count any votes for that candidate.
491 (b) Any legislative office candidate who fails to [file] timely file a financial statement
492 required by this part is disqualified and the vacancy on the ballot may be filled as provided in

493 Section 20A-1-501 .
494 (c) Notwithstanding Subsections [(1)] (2)(a) and [(1)] (2)(b), a legislative office
495 candidate is not disqualified if:
496 (i) the candidate files the reports required by this section;
497 (ii) those reports are completed, detailing accurately and completely the information
498 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
499 and
500 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
501 the next scheduled report.
502 [(2)] (3) (a) Within 30 days after a deadline for the filing of a summary report, the
503 lieutenant governor shall review each filed summary report to ensure that:
504 (i) each legislative office candidate that is required to file a summary report has filed
505 one; and
506 (ii) each summary report contains the information required by this part.
507 (b) If it appears that any legislative office candidate has failed to file the summary
508 report required by law, if it appears that a filed summary report does not conform to the law, or
509 if the lieutenant governor has received a written complaint alleging a violation of the law or the
510 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
511 violation or receipt of a written complaint, notify the legislative office candidate of the
512 violation or written complaint and direct the legislative office candidate to file a summary
513 report correcting the problem.
514 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
515 summary report within 14 days after receiving notice from the lieutenant governor under this
516 section.
517 (ii) Each legislative office candidate who violates Subsection [(2)] (3)(c)(i) is guilty of
518 a class B misdemeanor.
519 (iii) The lieutenant governor shall report all violations of Subsection [(2)] (3)(c)(i) to
520 the attorney general.
521 Section 8. Section 20A-11-403 is amended to read:
522 20A-11-403. Late statements -- Failure to file -- Penalties.
523 (1) An officeholder that fails to file a financial statement on or before the statement's

524 due date is subject to the penalties provided in Section 20A-11-104 .
525 [(1)] (2) Within 30 days after a deadline for the filing of a summary report, the
526 lieutenant governor shall review each filed summary report to ensure that:
527 (a) each officeholder that is required to file a summary report has filed one; and
528 (b) each summary report contains the information required by this part.
529 [(2)] (3) If it appears that any officeholder has failed to file the summary report
530 required by law, if it appears that a filed summary report does not conform to the law, or if the
531 lieutenant governor has received a written complaint alleging a violation of the law or the
532 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
533 violation or receipt of a written complaint, notify the officeholder of the violation or written
534 complaint and direct the officeholder to file a summary report correcting the problem.
535 [(3)] (4) (a) It is unlawful for any officeholder to fail to file or amend a summary report
536 within 14 days after receiving notice from the lieutenant governor under this section.
537 (b) Each officeholder who violates Subsection [(3)] (4)(a) is guilty of a class B
538 misdemeanor.
539 (c) The lieutenant governor shall report all violations of Subsection [(3)] (4)(a) to the
540 attorney general.
541 Section 9. Section 20A-11-508 is amended to read:
542 20A-11-508. Political party reporting requirements -- Late statements -- Failure
543 to file -- Penalties.
544 (1) A registered political party that fails to file a financial statement on or before the
545 statement's due date is subject to the penalties provided in Section 20A-11-104 .
546 [(1)] (2) (a) Each registered political party that fails to file the interim reports due
547 September 15 or before the regular general election is guilty of a class B misdemeanor.
548 (b) The lieutenant governor shall report all violations of Subsection [(1)] (2)(a) to the
549 attorney general.
550 [(2)] (3) Within 30 days after a deadline for the filing of a summary report required by
551 this part, the lieutenant governor shall review each filed report to ensure that:
552 (a) each political party that is required to file a report has filed one; and
553 (b) each report contains the information required by this part.
554 [(3)] (4) If it appears that any political party has failed to file a report required by law,

555 if it appears that a filed report does not conform to the law, or if the lieutenant governor has
556 received a written complaint alleging a violation of the law or the falsity of any report, the
557 lieutenant governor shall, within five days of discovery of a violation or receipt of a written
558 complaint, notify the political party of the violation or written complaint and direct the political
559 party to file a summary report correcting the problem.
560 [(4)] (5) (a) It is unlawful for any political party to fail to file or amend a summary
561 report within 14 days after receiving notice from the lieutenant governor under this section.
562 (b) Each political party who violates Subsection [(4)] (5)(a) is guilty of a class B
563 misdemeanor.
564 (c) The lieutenant governor shall report all violations of Subsection [(4)] (5)(a) to the
565 attorney general.
566 Section 10. Section 20A-11-603 is amended to read:
567 20A-11-603. Late statements -- Failure to file -- Penalties.
568 (1) A political action committee that fails to file a financial statement on or before the
569 statement's due date is subject to the penalties provided in Section 20A-11-104 .
570 [(1)] (2) (a) Each political action committee that fails to file the statement due
571 September 15 or before the regular general session is guilty of a class B misdemeanor.
572 (b) The lieutenant governor shall report all violations of Subsection [(1)] (2)(a) to the
573 attorney general.
574 [(2)] (3) Within 30 days after a deadline for the filing of the January 5 statement
575 required by this part, the lieutenant governor shall review each filed statement to ensure that:
576 (a) each political action committee that is required to file a statement has filed one; and
577 (b) each statement contains the information required by this part.
578 [(3)] (4) If it appears that any political action committee has failed to file the January 5
579 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
580 governor has received a written complaint alleging a violation of the law or the falsity of any
581 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
582 of a written complaint, notify the political action committee of the violation or written
583 complaint and direct the political action committee to file a statement correcting the problem.
584 [(4)] (5) (a) It is unlawful for any political action committee to fail to file or amend a
585 statement within 14 days after receiving notice from the lieutenant governor under this section.

586 (b) Each political action committee who violates Subsection [(4)] (5)(a) is guilty of a
587 class B misdemeanor.
588 (c) The lieutenant governor shall report all violations of Subsection [(4)] (5)(a) to the
589 attorney general.
590 Section 11. Section 20A-11-703 is amended to read:
591 20A-11-703. Due dates -- Exemptions -- Failure to file -- Penalties.
592 (1) (a) Each corporation that is required to file a financial statement shall timely file the
593 statement.
594 (b) A corporation is not subject to an administrative penalty under Section
595 20A-11-104 .
596 [(1)] (2) Within 30 days after a deadline for the filing of any statement required by this
597 part, the lieutenant governor shall review each filed statement to ensure that:
598 (a) each corporation that is required to file a statement has filed one; and
599 (b) each statement contains the information required by this part.
600 [(2)] (3) If it appears that any corporation has failed to file any statement, if it appears
601 that a filed statement does not conform to the law, or if the lieutenant governor has received a
602 written complaint alleging a violation of the law or the falsity of any statement, the lieutenant
603 governor shall, within five days of discovery of a violation or receipt of a written complaint,
604 notify the corporation of the violation or written complaint and direct the corporation to file a
605 statement correcting the problem.
606 [(3)] (4) (a) It is unlawful for any corporation to fail to file or amend a statement within
607 14 days after receiving notice from the lieutenant governor under this section.
608 (b) Each corporation who violates Subsection [(3)] (4)(a) is guilty of a class B
609 misdemeanor.
610 (c) The lieutenant governor shall report all violations of [this] Subsection [(3)] (4)(a) to
611 the attorney general.
612 Section 12. Section 20A-11-803 is amended to read:
613 20A-11-803. Late statements -- Failure to file -- Penalties.
614 (1) A political issues committee that fails to file a financial statement on or before the
615 statement's due date is subject to the penalties provided in Section 20A-11-104 .
616 [(1)] (2) (a) Each political issues committee that fails to file the statement due

617 September 15 or before the regular general session is guilty of a class B misdemeanor.
618 (b) The lieutenant governor shall report all violations of Subsection (1) to the attorney
619 general.
620 [(2)] (3) Within 30 days after a deadline for the filing of the January 5 statement, the
621 lieutenant governor shall review each filed statement to ensure that:
622 (a) each political issues committee that is required to file a statement has filed one; and
623 (b) each statement contains the information required by this part.
624 [(3)] (4) If it appears that any political issues committee has failed to file the January 5
625 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
626 governor has received a written complaint alleging a violation of the law or the falsity of any
627 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
628 of a written complaint, notify the political issues committee of the violation or written
629 complaint and direct the political issues committee to file a statement correcting the problem.
630 [(4)] (5) (a) It is unlawful for any political issues committee to fail to file or amend a
631 statement within 14 days after receiving notice from the lieutenant governor under this section.
632 (b) Each political issues committee who violates Subsection [(4)] (5)(a) is guilty of a
633 class B misdemeanor.
634 (c) The lieutenant governor shall report all violations of Subsection [(4)] (5)(a) to the
635 attorney general.
636 Section 13. Section 20A-11-1305 is amended to read:
637 20A-11-1305. School board office candidate -- Late statements -- Failure to file --
638 Penalties -- Name not printed on ballot -- Filling vacancy.
639 (1) A school board office candidate that fails to file a financial statement on or before
640 the statement's due date is subject to the penalties provided in Section 20A-11-104 .
641 [(1)] (2) (a) If a school board office candidate fails to file an interim report due before
642 the regular primary election, September 15, and before the regular general election, the chief
643 election officer shall, after making a reasonable attempt to discover if the report was timely
644 mailed, inform the county clerk and other appropriate election officials who:
645 (i) shall, if practicable, remove the name of the candidate by blacking out the
646 candidate's name before the ballots are delivered to voters; or
647 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform

648 the voters by any practicable method that the candidate has been disqualified and that votes
649 cast for candidate will not be counted; and
650 (iii) may not count any votes for that candidate.
651 (b) Any school board office candidate who fails to [file] timely file a financial
652 statement required by this part is disqualified and the vacancy on the ballot may be filled as
653 provided in Section 20A-1-501 .
654 (c) Notwithstanding Subsection [(1)] (2)(a) and [(1)] (2)(b), a school board office
655 candidate is not disqualified if:
656 (i) the candidate files the reports required by this section;
657 (ii) those reports are completed, detailing accurately and completely the information
658 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
659 and
660 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
661 the next scheduled report.
662 [(2)] (3) (a) Within 30 days after a deadline for the filing of a summary report by a
663 candidate for state school board, the lieutenant governor shall review each filed summary
664 report to ensure that:
665 (i) each state school board candidate that is required to file a summary report has filed
666 one; and
667 (ii) each summary report contains the information required by this part.
668 (b) If it appears that any state school board candidate has failed to file the summary
669 report required by law, if it appears that a filed summary report does not conform to the law, or
670 if the lieutenant governor has received a written complaint alleging a violation of the law or the
671 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
672 violation or receipt of a written complaint, notify the state school board candidate of the
673 violation or written complaint and direct the state school board candidate to file a summary
674 report correcting the problem.
675 (c) (i) It is unlawful for any state school board candidate to fail to file or amend a
676 summary report within 14 days after receiving notice from the lieutenant governor under this
677 section.
678 (ii) Each state school board candidate who violates Subsection [(2)] (3)(c)(i) is guilty

679 of a class B misdemeanor.
680 (iii) The lieutenant governor shall report all violations of Subsection [(2)] (3)(c)(i) to
681 the attorney general.
682 [(3)] (4) (a) Within 30 days after a deadline for the filing of a summary report, the
683 county clerk shall review each filed summary report to ensure that:
684 (i) each local school board candidate that is required to file a summary report has filed
685 one; and
686 (ii) each summary report contains the information required by this part.
687 (b) If it appears that any local school board candidate has failed to file the summary
688 report required by law, if it appears that a filed summary report does not conform to the law, or
689 if the county clerk has received a written complaint alleging a violation of the law or the falsity
690 of any summary report, the county clerk shall, within five days of discovery of a violation or
691 receipt of a written complaint, notify the local school board candidate of the violation or
692 written complaint and direct the local school board candidate to file a summary report
693 correcting the problem.
694 (c) (i) It is unlawful for any local school board candidate to fail to file or amend a
695 summary report within 14 days after receiving notice from the county clerk under this section.
696 (ii) Each local school board candidate who violates Subsection [(3)] (4)(c)(i) is guilty
697 of a class B misdemeanor.
698 (iii) The county clerk shall report all violations of Subsection [(3)] (4)(c)(i) to the
699 district or county attorney.
700 Section 14. Section 20A-12-306 is amended to read:
701 20A-12-306. Judges --Late reports -- Failure to file reports -- Penalties.
702 (1) A judge's personal campaign committee that fails to file an interim or summary
703 report on or before the report's due date is subject to the penalties provided in Section
704 20A-11-104 .
705 [(1)] (2) (a) If a judge's personal campaign committee fails to file the interim report due
706 before the regular general election, the lieutenant governor shall, after making a reasonable
707 attempt to discover if the report was timely mailed, inform the county clerk and other
708 appropriate election officials who:
709 (i) shall, if practicable, remove the name of the judge by blacking out the judge's name

710 before the ballots are delivered to voters; or
711 (ii) shall, if removing the judge's name from the ballot is not practicable, inform the
712 voters by any practicable method that the judge has been disqualified and that votes cast for the
713 judge will not be counted; and
714 (iii) may not count any votes for that judge.
715 (b) Any judge who fails to [file] timely file a financial statement required by this part is
716 disqualified.
717 (c) Notwithstanding Subsections [(1)] (2)(a) and [(1)] (2)(b), a judge is not disqualified
718 if:
719 (i) the candidate files the reports required by this section;
720 (ii) those reports are completed, detailing accurately and completely the information
721 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
722 and
723 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
724 the next scheduled report.
725 [(2)] (3) (a) Within 30 days after a deadline for the filing of a summary report, the
726 lieutenant governor shall review each filed summary report to ensure that:
727 (i) each judge that is required to file a summary report has filed one; and
728 (ii) each summary report contains the information required by this part.
729 (b) If it appears that any judge has failed to file the summary report required by law, if
730 it appears that a filed summary report does not conform to the law, or if the lieutenant governor
731 has received a written complaint alleging a violation of the law or the falsity of any summary
732 report, the lieutenant governor shall, within five days of discovery of a violation or receipt of a
733 written complaint, notify the judge of the violation or written complaint and direct the judge to
734 file a summary report correcting the problem.
735 (c) (i) It is unlawful for any judge to fail to file or amend a summary report within 14
736 days after receiving notice from the lieutenant governor under this section.
737 (ii) Each judge who violates Subsection [(2)] (3)(c)(i) is guilty of a class B
738 misdemeanor.
739 (iii) The lieutenant governor shall report all violations of Subsection [(2)] (3)(c)(i) to
740 the attorney general.
740a H. Section 15. Coordinating H.B. 41 with S.B. 21 -- Superseding Amendments.
740b If this H.B. 41 and S.B. 21, Campaign Finance Disclosure Revisions, both pass, it is the
740c intent of the Legislature that when the Office of Legislative Research and General Counsel
740d1 prepares the Utah Code database for publication, the amendments to Section 20A-11-103
740d2 supersede the amendments to Section 20A-11-103 in S.B. 21 except that the references to
740d3 "September 15" in Subsections
740d 20A-11-103(1)(a)(iv) and (1)(b)(iv) in this bill shall be replaced with "August 31". .H

Legislative Review Note
as of 11-14-07 4:11 PM

Office of Legislative Research and General Counsel