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S.B. 21 Enrolled
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CAMPAIGN FINANCE DISCLOSURE
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REVISIONS
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Peter C. Knudson
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House Sponsor:
Glenn A. Donnelson
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LONG TITLE
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General Description:
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This bill modifies provisions related to campaign finance disclosure.
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Highlighted Provisions:
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This bill:
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. requires a candidate to receive notice that they must comply with financial disclosure
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laws at the time the candidate files for office;
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. requires candidates for state constitutional office and the Legislature and applicable
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local candidates to receive notice of the obligation to file a pre-convention report
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when the candidate files for office;
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. consolidates definitions for clarity and consistency;
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. clarifies the election officer's obligations to provide notice that certain campaign
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financial statements are due;
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. provides that the election officer is not required to send advance notice of the
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requirement to file a report due before a convention or a report due in relation to a
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public hearing conducted on a proposed initiative;
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. specifies what information the notices sent by the election officer must contain;
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. requires that election-related financial reports that were previously due on
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September 15, are due by August 31;
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. requires that reports due on August 31 be filed by every candidate, rather than only
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by those that are opposed;
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. requires that year end summary reports that were previously due on January 5, are
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due by January 10;
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. removes outdated filing guidelines;
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. requires that reports due before a political convention or primary election be filed by
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all candidates, rather than only by those candidates that are opposed in the political
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convention or primary election;
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. requires that beginning with the 2008 regular general election, a former candidate for
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state office, legislative office, or school board office must file an annual summary
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report by January 10 of each year if the former candidate has not filed a statement of
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dissolution of the former candidate's campaign account;
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. requires that political action committees be required to file a statement of
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organization after making expenditures of $50 or more, rather than $750, in order to
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be consistent with the threshold for political issues committees;
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. removes requirements for corporations to file reports on March 1 and June 1 in
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relation to donations to political issues committees;
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. removes requirements for political issues committees to file reports on March 1 and
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June 1;
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. provides that all filers have five days after the reporting period ends to prepare a
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financial report;
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. adds a requirement for political issues committees to file a financial report at the time
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a verified referendum packet is submitted;
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. requires a state school board office candidate to file a May 15 financial report; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides an immediate effective date.
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This bill coordinates with S.B. 12, Election Law Modifications, by providing substantive
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amendments.
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Utah Code Sections Affected:
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AMENDS:
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20A-9-201, as last amended by Laws of Utah 2007, Chapters 83 and 97
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20A-11-101, as last amended by Laws of Utah 2004, Chapter 90
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20A-11-103, as last amended by Laws of Utah 2001, Chapter 166
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20A-11-203, as last amended by Laws of Utah 1997, Chapter 355
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20A-11-204, as last amended by Laws of Utah 1999, Chapter 93
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20A-11-206, as last amended by Laws of Utah 1999, Chapter 93
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20A-11-302, as last amended by Laws of Utah 1997, Chapter 355
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20A-11-303, as last amended by Laws of Utah 1999, Chapter 93
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20A-11-305, as last amended by Laws of Utah 1999, Chapter 93
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20A-11-401, as last amended by Laws of Utah 2007, Chapter 233
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20A-11-506, as last amended by Laws of Utah 1997, Chapter 355
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20A-11-507, as last amended by Laws of Utah 1997, Chapter 355
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20A-11-508, as last amended by Laws of Utah 2006, Chapter 16
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20A-11-601, as last amended by Laws of Utah 2006, Chapter 226
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20A-11-602, as last amended by Laws of Utah 1999, Chapters 45 and 86
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20A-11-603, as enacted by Laws of Utah 1997, Chapter 355
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20A-11-701, as last amended by Laws of Utah 1998, Chapter 40
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20A-11-702, as last amended by Laws of Utah 2003, Chapters 160 and 304
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20A-11-802, as last amended by Laws of Utah 2003, Chapters 160 and 304
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20A-11-803, as enacted by Laws of Utah 1997, Chapter 355
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20A-11-1302, as enacted by Laws of Utah 1997, Chapter 355
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20A-11-1303, as enacted by Laws of Utah 1997, Chapter 355
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20A-11-1305, as last amended by Laws of Utah 2003, Chapter 215
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20A-12-304, as enacted by Laws of Utah 2001, Chapter 166
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-9-201
is amended to read:
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20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
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more than one political party prohibited with exceptions -- General filing and form
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requirements.
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(1) Before filing a declaration of candidacy for election to any office, a person shall:
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(a) be a United States citizen; and
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(b) meet the legal requirements of that office.
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(2) (a) Except as provided in Subsection (2)(b), a person may not:
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(i) file a declaration of candidacy for, or be a candidate for, more than one office in
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Utah during any election year; or
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(ii) appear on the ballot as the candidate of more than one political party.
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(b) A person may file a declaration of candidacy for, or be a candidate for, President or
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Vice President of the United States and another office, if the person resigns the person's
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candidacy for the other office after the person is officially nominated for President or Vice
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President of the United States.
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(3) If the final date established for filing a declaration of candidacy is a Saturday or
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Sunday, the filing time shall be extended until 5 p.m. on the following business day.
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(4) (a) (i) Except for presidential candidates, before the filing officer may accept any
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declaration of candidacy, the filing officer shall:
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(A) read to the prospective candidate the constitutional and statutory qualification
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requirements for the office that the candidate is seeking; and
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(B) require the candidate to state whether or not the candidate meets those
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requirements.
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(ii) Before accepting a declaration of candidacy for the office of county attorney, the
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county clerk shall ensure that the person filing that declaration of candidacy is:
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(A) a United States citizen;
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(B) an attorney licensed to practice law in Utah who is an active member in good
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standing of the Utah State Bar;
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(C) a registered voter in the county in which he is seeking office; and
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(D) a current resident of the county in which he is seeking office and either has been a
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resident of that county for at least one year or was appointed and is currently serving as county
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attorney and became a resident of the county within 30 days after appointment to the office.
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(iii) Before accepting a declaration of candidacy for the office of district attorney, the
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county clerk shall ensure that, as of the date of the election, the person filing that declaration of
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candidacy is:
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(A) a United States citizen;
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(B) an attorney licensed to practice law in Utah who is an active member in good
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standing of the Utah State Bar;
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(C) a registered voter in the prosecution district in which he is seeking office; and
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(D) a current resident of the prosecution district in which he is seeking office and either
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will have been a resident of that prosecution district for at least one year as of the date of the
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election or was appointed and is currently serving as district attorney and became a resident of
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the prosecution district within 30 days after receiving appointment to the office.
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(iv) Before accepting a declaration of candidacy for the office of county sheriff, the
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county clerk shall ensure that the person filing the declaration of candidacy:
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(A) as of the date of filing:
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(I) is a United States citizen;
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(II) is a registered voter in the county in which the person seeks office;
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(III) (Aa) has successfully met the standards and training requirements established for
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law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
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Certification Act; or
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(Bb) has passed a certification examination as provided in Section
53-6-206
; and
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(IV) is qualified to be certified as a law enforcement officer, as defined in Section
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53-13-103
; and
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(B) as of the date of the election, shall have been a resident of the county in which the
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person seeks office for at least one year.
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(b) If the prospective candidate states that he does not meet the qualification
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requirements for the office, the filing officer may not accept the prospective candidate's
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declaration of candidacy.
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(c) If the candidate states that he meets the requirements of candidacy, the filing officer
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shall:
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(i) inform the candidate that:
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(A) the candidate's name will appear on the ballot as it is written on the declaration of
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candidacy;
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(B) the candidate may be required to comply with state or local campaign finance
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disclosure laws; and
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(C) the candidate is required to file a financial statement before the candidate's political
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convention under:
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(I) Section
20A-11-204
for a candidate for constitutional office;
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(II) Section
20A-11-303
for a candidate for the Legislature; or
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(III) local campaign finance disclosure laws, if applicable;
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(ii) provide the candidate with a copy of Section
20A-7-801
regarding the Statewide
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Electronic Voter Information Website Program and inform the candidate of the submission
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deadline under Subsection
20A-7-801
(4)(a);
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(iii) provide the candidate with a copy of the pledge of fair campaign practices
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described under Section
20A-9-206
and inform the candidate that:
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(A) signing the pledge is voluntary; and
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(B) signed pledges shall be filed with the filing officer;
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(iv) accept the candidate's declaration of candidacy; and
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(v) if the candidate has filed for a partisan office, provide a certified copy of the
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declaration of candidacy to the chair of the county or state political party of which the candidate
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is a member.
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(d) If the candidate elects to sign the pledge of fair campaign practices, the filing officer
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shall:
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(i) accept the candidate's pledge; and
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(ii) if the candidate has filed for a partisan office, provide a certified copy of the
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candidate's pledge to the chair of the county or state political party of which the candidate is a
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member.
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(5) Except for presidential candidates, the form of the declaration of candidacy shall be
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substantially as follows:
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"State of Utah, County of ____
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I, ______________, declare my intention of becoming a candidate for the office of ____
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as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office,
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both legally and constitutionally, if selected; I reside at _____________ in the City or Town of
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____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
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campaigns and elections; and I will qualify for the office if elected to it. The mailing address
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that I designate for receiving official election notices is ___________________________.
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____________________________________________________________________
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Subscribed and sworn before me this __________(month\day\year).
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Notary Public (or other officer qualified to administer oath.)"
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(6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy is:
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(i) $25 for candidates for the local school district board; and
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(ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
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holding the office, but not less than $5, for all other federal, state, and county offices.
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(b) Except for presidential candidates, the filing officer shall refund the filing fee to any
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candidate:
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(i) who is disqualified; or
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(ii) who the filing officer determines has filed improperly.
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(c) (i) The county clerk shall immediately pay to the county treasurer all fees received
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from candidates.
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(ii) The lieutenant governor shall:
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(A) apportion to and pay to the county treasurers of the various counties all fees
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received for filing of nomination certificates or acceptances; and
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(B) ensure that each county receives that proportion of the total amount paid to the
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lieutenant governor from the congressional district that the total vote of that county for all
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candidates for representative in Congress bears to the total vote of all counties within the
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congressional district for all candidates for representative in Congress.
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(d) (i) Each person who is unable to pay the filing fee may file a declaration of
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candidacy without payment upon a prima facie showing of impecuniosity as evidenced by an
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affidavit of impecuniosity filed with the filing officer.
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(ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
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substantially the following form:
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"Affidavit of Impecuniosity
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Individual Name
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____________________________Address_____________________________
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Phone Number _________________
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I,__________________________(name), do solemnly [swear] [affirm] that, owing to my
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poverty, I am unable to pay the filing fee required by law.
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Date ______________ Signature________________________________________________
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Affiant
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Subscribed and sworn to before me on ___________ (month\day\year)
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______________________
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(signature)
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Name and Title of Officer Authorized to Administer Oath ______________________"
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(7) Any person who fails to file a declaration of candidacy or certificate of nomination
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within the time provided in this chapter is ineligible for nomination to office.
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(8) A declaration of candidacy filed under this section may not be amended or modified
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after the final date established for filing a declaration of candidacy.
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Section 2.
Section
20A-11-101
is amended to read:
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20A-11-101. Definitions.
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As used in this chapter:
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(1) "Address" means the number and street where an individual resides or where a
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reporting entity has its principal office.
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(2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
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amendments, and any other ballot propositions submitted to the voters that are authorized by
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the Utah Code Annotated 1953.
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(3) "Candidate" means any person who:
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(a) files a declaration of candidacy for a public office; or
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(b) receives contributions, makes expenditures, or gives consent for any other person to
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receive contributions or make expenditures to bring about the person's nomination or election to
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a public office.
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(4) "Chief election officer" means:
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(a) the lieutenant governor for state office candidates, legislative office candidates,
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officeholders, political parties, political action committees, corporations, political issues
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committees, and state school board candidates; and
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(b) the county clerk for local school board candidates.
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(5) "Continuing political party" means an organization of voters that participated in the
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last regular general election and polled a total vote equal to 2% or more of the total votes cast
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for all candidates for the United States House of Representatives.
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(6) (a) "Contribution" means any of the following when done for political purposes:
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(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
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value given to the filing entity;
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(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
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subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
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anything of value to the filing entity;
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(iii) any transfer of funds from another reporting entity or a corporation to the filing
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entity;
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(iv) compensation paid by any person or reporting entity other than the filing entity for
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personal services provided without charge to the filing entity;
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(v) remuneration from any organization or its directly affiliated organization that has a
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registered lobbyist to compensate a legislator for a loss of salary or income while the Legislature
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is in session;
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(vi) salaries or other remuneration paid to a legislator by any agency or subdivision of
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the state, including school districts, for the period the Legislature is in session; and
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(vii) goods or services provided to or for the benefit of the filing entity at less than fair
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market value.
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(b) "Contribution" does not include:
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(i) services provided without compensation by individuals volunteering a portion or all
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of their time on behalf of the filing entity; or
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(ii) money lent to the filing entity by a financial institution in the ordinary course of
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business.
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(7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
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organization that is registered as a corporation or is authorized to do business in a state and
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makes any expenditure from corporate funds for:
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(i) political purposes; or
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(ii) the purpose of influencing the approval or the defeat of any ballot proposition.
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(b) "Corporation" does not mean:
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(i) a business organization's political action committee or political issues committee; or
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(ii) a business entity organized as a partnership or a sole proprietorship.
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(8) "Detailed listing" means:
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(a) for each contribution or public service assistance:
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(i) the name and address of the individual or source making the contribution or public
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service assistance;
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(ii) the amount or value of the contribution or public service assistance; and
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(iii) the date the contribution or public service assistance was made; and
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(b) for each expenditure:
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(i) the amount of the expenditure;
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(ii) the person or entity to whom it was disbursed;
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(iii) the specific purpose, item, or service acquired by the expenditure; and
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(iv) the date the expenditure was made.
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(9) "Election" means each:
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(a) regular general election;
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(b) regular primary election; and
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(c) special election at which candidates are eliminated and selected.
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(10) (a) "Expenditure" means:
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(i) any disbursement from contributions, receipts, or from the separate bank account
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required by this chapter;
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(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
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or anything of value made for political purposes;
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(iii) an express, legally enforceable contract, promise, or agreement to make any
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purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
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value for political purposes;
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(iv) compensation paid by a corporation or filing entity for personal services rendered
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by a person without charge to a reporting entity;
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(v) a transfer of funds between the filing entity and a candidate's personal campaign
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committee; or
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(vi) goods or services provided by the filing entity to or for the benefit of another
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reporting entity for political purposes at less than fair market value.
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(b) "Expenditure" does not include:
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(i) services provided without compensation by individuals volunteering a portion or all
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of their time on behalf of a reporting entity;
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(ii) money lent to a reporting entity by a financial institution in the ordinary course of
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business; or
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(iii) anything listed in Subsection (10)(a) that is given by a corporation or reporting
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entity to candidates for office or officeholders in states other than Utah.
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(11) "Filing entity" means the reporting entity that is filing a [report] financial statement
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required by this chapter.
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(12) "Financial statement" includes any summary report, interim report, verified
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financial statement, or other statement disclosing contributions, expenditures, receipts,
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donations, or disbursements that is required by this chapter.
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(13) "Governing board" means the individual or group of individuals that determine the
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candidates and committees that will receive expenditures from a political action committee.
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(14) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
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Incorporation, by which a geographical area becomes legally recognized as a city or town.
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(15) "Incorporation election" means the election authorized by Section
10-2-111
.
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(16) "Incorporation petition" means a petition authorized by Section
10-2-109
.
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(17) "Individual" means a natural person.
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(18) "Interim report" means a report identifying the contributions received and
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expenditures made since the last report.
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(19) "Legislative office" means the office of state senator, state representative, speaker
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of the House of Representatives, president of the Senate, and the leader, whip, and assistant
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whip of any party caucus in either house of the Legislature.
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(20) "Legislative office candidate" means a person who:
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(a) files a declaration of candidacy for the office of state senator or state representative;
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(b) declares himself to be a candidate for, or actively campaigns for, the position of
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speaker of the House of Representatives, president of the Senate, or the leader, whip, and
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assistant whip of any party caucus in either house of the Legislature; and
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(c) receives contributions, makes expenditures, or gives consent for any other person to
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receive contributions or make expenditures to bring about the person's nomination or election to
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a legislative office.
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(21) "Newly registered political party" means an organization of voters that has
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complied with the petition and organizing procedures of this chapter to become a registered
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political party.
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(22) "Officeholder" means a person who holds a public office.
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(23) "Party committee" means any committee organized by or authorized by the
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governing board of a registered political party.
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(24) "Person" means both natural and legal persons, including individuals, business
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organizations, personal campaign committees, party committees, political action committees,
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political issues committees, labor unions, and labor organizations.
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(25) "Personal campaign committee" means the committee appointed by a candidate to
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act for the candidate as provided in this chapter.
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(26) (a) "Political action committee" means an entity, or any group of individuals or
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entities within or outside this state, that solicits or receives contributions from any other person,
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group, or entity or makes expenditures for political purposes. A group or entity may not divide
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or separate into units, sections, or smaller groups for the purpose of avoiding the financial
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reporting requirements of this chapter, and substance shall prevail over form in determining the
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scope or size of a political action committee.
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(b) "Political action committee" includes groups affiliated with a registered political
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party but not authorized or organized by the governing board of the registered political party
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that receive contributions or makes expenditures for political purposes.
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(c) "Political action committee" does not mean:
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(i) a party committee;
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(ii) any entity that provides goods or services to a candidate or committee in the regular
359
course of its business at the same price that would be provided to the general public;
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(iii) an individual;
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(iv) individuals who are related and who make contributions from a joint checking
362
account;
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(v) a corporation; or
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(vi) a personal campaign committee.
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(27) "Political convention" means a county or state political convention held by a
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registered political party to select candidates.
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(28) (a) "Political issues committee" means an entity, or any group of individuals or
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entities within or outside this state, that solicits or receives donations from any other person,
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group, or entity or makes disbursements to influence, or to intend to influence, directly or
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indirectly, any person to:
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(i) assist in placing a statewide ballot proposition on the ballot, assist in keeping a
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statewide ballot proposition off the ballot, or refrain from voting or vote for or vote against any
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statewide ballot proposition; or
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(ii) sign or refuse to sign an incorporation petition or refrain from voting, vote for, or
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vote against any proposed incorporation in an incorporation election.
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(b) "Political issues committee" does not mean:
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(i) a registered political party or a party committee;
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(ii) any entity that provides goods or services to an individual or committee in the
379
regular course of its business at the same price that would be provided to the general public;
380
(iii) an individual;
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(iv) individuals who are related and who make contributions from a joint checking
382
account; or
383
(v) a corporation, except a corporation whose apparent purpose is to act as a political
384
issues committee.
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(29) (a) "Political issues contribution" means any of the following:
386
(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
387
anything of value given to a political issues committee;
388
(ii) an express, legally enforceable contract, promise, or agreement to make a political
389
issues donation to influence the approval or defeat of any ballot proposition;
390
(iii) any transfer of funds received by a political issues committee from a reporting
391
entity;
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(iv) compensation paid by another reporting entity for personal services rendered
393
without charge to a political issues committee; and
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(v) goods or services provided to or for the benefit of a political issues committee at
395
less than fair market value.
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(b) "Political issues contribution" does not include:
397
(i) services provided without compensation by individuals volunteering a portion or all
398
of their time on behalf of a political issues committee; or
399
(ii) money lent to a political issues committee by a financial institution in the ordinary
400
course of business.
401
(30) (a) "Political issues expenditure" means any of the following:
402
(i) any payment from political issues contributions made for the purpose of influencing
403
the approval or the defeat of a statewide ballot proposition;
404
(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
405
the purpose of influencing the approval or the defeat of a statewide ballot proposition;
406
(iii) an express, legally enforceable contract, promise, or agreement to make any
407
political issues expenditure;
408
(iv) compensation paid by a reporting entity for personal services rendered by a person
409
without charge to a political issues committee; or
410
(v) goods or services provided to or for the benefit of another reporting entity at less
411
than fair market value.
412
(b) "Political issues expenditure" does not include:
413
(i) services provided without compensation by individuals volunteering a portion or all
414
of their time on behalf of a political issues committee; or
415
(ii) money lent to a political issues committee by a financial institution in the ordinary
416
course of business.
417
(31) "Political purposes" means an act done with the intent or in a way to influence or
418
tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
419
against any candidate for public office at any caucus, political convention, primary, or election.
420
(32) "Primary election" means any regular primary election held under the election laws.
421
(33) "Public office" means the office of governor, lieutenant governor, state auditor,
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state treasurer, attorney general, state or local school board member, state senator, state
423
representative, speaker of the House of Representatives, president of the Senate, and the leader,
424
whip, and assistant whip of any party caucus in either house of the Legislature.
425
(34) (a) "Public service assistance" means the following when given or provided to an
426
officeholder to defray the costs of functioning in a public office or aid the officeholder to
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communicate with the officeholder's constituents:
428
(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
429
money or anything of value to an officeholder; or
430
(ii) goods or services provided at less than fair market value to or for the benefit of the
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officeholder.
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(b) "Public service assistance" does not include:
433
(i) anything provided by the state;
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(ii) services provided without compensation by individuals volunteering a portion or all
435
of their time on behalf of an officeholder;
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(iii) money lent to an officeholder by a financial institution in the ordinary course of
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business;
438
(iv) news coverage or any publication by the news media; or
439
(v) any article, story, or other coverage as part of any regular publication of any
440
organization unless substantially all the publication is devoted to information about the
441
officeholder.
442
(35) "Publicly identified class of individuals" means a group of 50 or more individuals
443
sharing a common occupation, interest, or association that contribute to a political action
444
committee or political issues committee and whose names can be obtained by contacting the
445
political action committee or political issues committee upon whose financial report they are
446
listed.
447
(36) "Receipts" means contributions and public service assistance.
448
(37) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
449
Lobbyist Disclosure and Regulation Act.
450
(38) "Registered political action committee" means any political action committee that
451
is required by this chapter to file a statement of organization with the lieutenant governor's
452
office.
453
(39) "Registered political issues committee" means any political issues committee that is
454
required by this chapter to file a statement of organization with the lieutenant governor's office.
455
(40) "Registered political party" means an organization of voters that:
456
(a) participated in the last regular general election and polled a total vote equal to 2%
457
or more of the total votes cast for all candidates for the United States House of Representatives
458
for any of its candidates for any office; or
459
(b) has complied with the petition and organizing procedures of this chapter.
460
[(41) "Report" means a verified financial statement.]
461
[(42)] (41) "Reporting entity" means a candidate, a candidate's personal campaign
462
committee, an officeholder, [and] a party committee, a political action committee, and a political
463
issues committee.
464
[(43)] (42) "School board office" means the office of state school board or local school
465
board.
466
[(44)] (43) (a) "Source" means the person or entity that is the legal owner of the
467
tangible or intangible asset that comprises the contribution.
468
(b) "Source" means, for political action committees and corporations, the political
469
action committee and the corporation as entities, not the contributors to the political action
470
committee or the owners or shareholders of the corporation.
471
[(45)] (44) "State office" means the offices of governor, lieutenant governor, attorney
472
general, state auditor, and state treasurer.
473
[(46)] (45) "State office candidate" means a person who:
474
(a) files a declaration of candidacy for a state office; or
475
(b) receives contributions, makes expenditures, or gives consent for any other person to
476
receive contributions or make expenditures to bring about the person's nomination or election to
477
a state office.
478
[(47)] (46) "Summary report" means the year end report containing the summary of a
479
reporting entity's contributions and expenditures.
480
[(48)] (47) "Supervisory board" means the individual or group of individuals that
481
allocate expenditures from a political issues committee.
482
Section 3.
Section
20A-11-103
is amended to read:
483
20A-11-103. Notice of pending interim and summary reports -- Form of
484
submission.
485
(1) (a) [(i) Ten] Except as provided under Subsection (1)(b), ten days before a [report]
486
financial statement from a state office candidate, legislative office candidate, officeholder, state
487
school board candidate, political party, political action committee, political issues committee, or
488
judge is due under this chapter, the lieutenant governor shall inform those candidates,
489
officeholders, parties, committees, and judges[, and entities] by postal mail or, if requested by
490
the candidate, [judge,] officeholder, party, [or] committee, or judge, by electronic mail:
491
[(A)] (i) that the [report] financial statement is due; [and]
492
[(B)] (ii) the date that the [report] financial statement is due[.];
493
[(ii)] (iii) [In addition to the information required by Subsection (1)(a)(i) and in the
494
same mailing, ten days before the interim reports for candidates or judges are due, the lieutenant
495
governor shall inform the candidate or judge] if the notification is sent to a judge in reference to
496
the interim report due before the regular general election, or to a candidate in reference to an
497
interim report due before the regular primary election, on August 31, or before the regular
498
general election, that if the report is not [received in the lieutenant governor's office by 5 p.m.
499
on the date that it is due] timely filed, voters will be informed that the candidate or judge has
500
been disqualified and any votes cast for the candidate or judge will not be counted[.];
501
[(iii)] (iv) [In addition to the information required by Subsection (1)(a)(i) and in the
502
same mailing, ten days before the interim reports or verified financial statements for entities that
503
are due September 15 and before the regular general election are due, and ten days before
504
summary reports or January 5 financial statements are due, the lieutenant governor shall inform
505
the entity, candidate, judge, or officeholder that if the report is not received in the lieutenant
506
governor's office by the date that it is due, the entity, candidate, judge, or officeholder] if the
507
notification is sent to a political party, political action committee, or political issues committee
508
in reference to an interim report or a verified financial statement, that the entity may be guilty of
509
a class B misdemeanor for failing to file the report or statement[.]; and
510
(v) if the notification is in reference to a summary report, that the candidate,
511
officeholder, party, committee, or judge may be guilty of a class B misdemeanor for failing to
512
file the report.
513
(b) Notwithstanding the provisions of Subsection (1)(a), under this section the
514
lieutenant governor is not required to provide notice:
515
(i) to a candidate of the financial statement that is due before the candidate's political
516
convention; or
517
(ii) of a financial statement due in connection with a public hearing for an initiative
518
under the requirements of Section
20A-7-204.1
519
[(b)] (c) Ten days before [a] an interim or summary report from a local school board
520
candidate is due under this chapter, the county clerk shall inform the candidate by postal mail
521
or, if requested, by electronic mail:
522
(i) that the report is due;
523
(ii) the date that the report is due; [and]
524
(iii) if the notification is in reference to an interim report due before the regular primary
525
election, on August 31, or before the regular general election, that, if the report is not [received
526
in the county clerk's office by 5 p.m. on the date that it is due] timely filed, voters will be
527
informed that the candidate has been disqualified and any votes cast for the candidate will not be
528
counted[.]; and
529
(iv) if the notification is in reference to a summary report, that the candidate may be
530
guilty of a class B misdemeanor for failing to file the report.
531
(2) Persons or entities submitting [reports] financial statements required by this chapter
532
may submit them:
533
(a) on paper, printed, typed, or legibly handwritten or hand printed;
534
(b) on a computer disk according to specifications established by the chief election
535
officer that protect against fraudulent filings and secure the accuracy of the information
536
contained on the computer disk;
537
(c) via fax; or
538
(d) via electronic mail or the Internet, according to specifications established by the
539
chief election officer.
540
(3) A [report] financial statement is considered timely filed if:
541
(a) it is received in the chief election officer's office no later than 5:00 p.m. on the date
542
that it is due;
543
(b) it is received in the chief election officer's office with a postmark three days or more
544
before the date that the [report] financial statement was due; or
545
(c) the candidate, judge, or entity has proof that the [report] financial statement was
546
mailed, with appropriate postage and addressing, three days before the [report] financial
547
statement was due.
548
Section 4.
Section
20A-11-203
is amended to read:
549
20A-11-203. State office candidate -- Financial reporting requirements --
550
Year-end summary report.
551
(1) (a) Each state office candidate shall file a summary report by January [5] 10 of the
552
year after the regular general election year.
553
(b) Beginning with the 2008 regular general election and in addition to the requirements
554
of Subsection (1)(a), a former state office candidate that has not filed the statement of
555
dissolution and final summary report required under Section
20A-11-205
shall continue to file a
556
summary report on January 10 of each year.
557
(2) (a) Each summary report shall include the following information as of December 31
558
of the [last regular general election] previous year:
559
(i) the net balance of the last summary report, if any;
560
(ii) a single figure equal to the total amount of receipts reported on all interim reports, if
561
any;
562
(iii) a single figure equal to the total amount of expenditures reported on all interim
563
reports, if any, filed during the [election] previous year;
564
(iv) a detailed listing of each contribution and public service assistance received since
565
the last summary report that has not been reported in detail on an interim report;
566
(v) for each nonmonetary contribution, the fair market value of the contribution;
567
(vi) a detailed listing of each expenditure made since the last summary report that has
568
not been reported in detail on an interim report;
569
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
570
(viii) a net balance for the year consisting of the net balance from the last summary
571
report, if any, plus all receipts minus all expenditures.
572
(b) (i) For all single contributions or public service assistance of $50 or less, a single
573
aggregate figure may be reported without separate detailed listings.
574
(ii) Two or more contributions from the same source that have an aggregate total of
575
more than $50 may not be reported in the aggregate, but shall be reported separately.
576
(c) In preparing the report, all receipts and expenditures shall be reported as of
577
December 31 of the [last regular general election] previous year.
578
(3) The summary report shall contain a paragraph signed by an authorized member of
579
the state office candidate's personal campaign committee or by the state office candidate
580
certifying that, to the best of the signer's knowledge, all receipts and all expenditures have been
581
reported as of December 31 of the [last regular general election] previous year and that there
582
are no bills or obligations outstanding and unpaid except as set forth in that report.
583
[(4) State office candidates reporting under this section need only report receipts
584
received and expenditures made after April 29, 1991.]
585
Section 5.
Section
20A-11-204
is amended to read:
586
20A-11-204. State office candidate -- Financial reporting requirements -- Interim
587
reports.
588
(1) Each state office candidate shall file an interim report at the following times in any
589
year in which the candidate has filed a declaration of candidacy for a public office:
590
(a) seven days before [any] the candidate's political convention [if more than one
591
individual in the candidate's same party has filed a declaration of candidacy for the particular
592
public office that the candidate seeks];
593
(b) seven days before the regular primary election date;
594
(c) [September 15] August 31; and
595
(d) seven days before the regular general election date.
596
(2) Each interim report shall include the following information:
597
(a) the net balance of the last summary report, if any;
598
(b) a single figure equal to the total amount of receipts reported on all prior interim
599
reports, if any, during the calendar year in which the interim report is due;
600
(c) a single figure equal to the total amount of expenditures reported on all prior interim
601
reports, if any, filed during the calendar year in which the interim report is due;
602
(d) a detailed listing of each contribution and public service assistance received since the
603
last summary report that has not been reported in detail on a prior interim report;
604
(e) for each nonmonetary contribution, the fair market value of the contribution;
605
(f) a detailed listing of each expenditure made since the last summary report that has not
606
been reported in detail on a prior interim report;
607
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
608
(h) a net balance for the year consisting of the net balance from the last summary report,
609
if any, plus all receipts since the last summary report minus all expenditures since the last
610
summary report; and
611
(i) a summary page in the form required by the lieutenant governor that identifies:
612
(i) beginning balance;
613
(ii) total contributions during the period since the last statement;
614
(iii) total contributions to date;
615
(iv) total expenditures during the period since the last statement; and
616
(v) total expenditures to date.
617
(3) (a) For all individual contributions or public service assistance of $50 or less, a
618
single aggregate figure may be reported without separate detailed listings.
619
(b) Two or more contributions from the same source that have an aggregate total of
620
more than $50 may not be reported in the aggregate, but shall be reported separately.
621
(4) In preparing each interim report, all receipts and expenditures shall be reported as
622
of five days before the required filing date of the report.
623
[(5) State office candidates reporting under this section need only report contributions
624
received and expenditures made after April 29, 1991.]
625
Section 6.
Section
20A-11-206
is amended to read:
626
20A-11-206. State office candidate -- Failure to file reports -- Penalties.
627
(1) (a) If a state office candidate fails to file an interim report due before the regular
628
primary election, [September 15] on August 31, or before the regular general election, the
629
lieutenant governor shall, after making a reasonable attempt to discover if the report was timely
630
mailed, inform the county clerk and other appropriate election officials who:
631
(i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
632
name before the ballots are delivered to voters; or
633
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
634
voters by any practicable method that the candidate has been disqualified and that votes cast for
635
the candidate will not be counted; and
636
(iii) may not count any votes for that candidate.
637
(b) Any state office candidate who fails to file timely a financial statement required by
638
this part is disqualified and the vacancy on the ballot may be filled as provided in Section
639
20A-1-501
.
640
(c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
641
disqualified if:
642
(i) the candidate files the reports required by this section;
643
(ii) those reports are completed, detailing accurately and completely the information
644
required by this part except for inadvertent omissions or insignificant errors or inaccuracies; and
645
(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
646
the next scheduled report.
647
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
648
governor shall review each filed summary report to ensure that:
649
(i) each state office candidate that is required to file a summary report has filed one; and
650
(ii) each summary report contains the information required by this part.
651
(b) If it appears that any state office candidate has failed to file the summary report
652
required by law, if it appears that a filed summary report does not conform to the law, or if the
653
lieutenant governor has received a written complaint alleging a violation of the law or the falsity
654
of any summary report, the lieutenant governor shall, within five days of discovery of a violation
655
or receipt of a written complaint, notify the state office candidate of the violation or written
656
complaint and direct the state office candidate to file a summary report correcting the problem.
657
(c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
658
report within 14 days after receiving notice from the lieutenant governor under this section.
659
(ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
660
misdemeanor.
661
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
662
attorney general.
663
Section 7.
Section
20A-11-302
is amended to read:
664
20A-11-302. Legislative office candidate -- Financial reporting requirements --
665
Year-end summary report.
666
(1) (a) Each legislative office candidate shall file a summary report by January [5] 10 of
667
the year after the regular general election year.
668
(b) Beginning with the 2008 regular general election and in addition to the requirements
669
of Subsection (1)(a), a former legislative office candidate that has not filed the statement of
670
dissolution and final summary report required under Section
20A-11-304
shall continue to file a
671
summary report on January 10 of each year.
672
(2) (a) Each summary report shall include the following information as of December 31
673
of the [last regular general election] previous year:
674
(i) the net balance of the last summary report, if any;
675
(ii) a single figure equal to the total amount of receipts reported on all interim reports, if
676
any, during the calendar year in which the summary report is due;
677
(iii) a single figure equal to the total amount of expenditures reported on all interim
678
reports, if any, filed during the [election] previous year;
679
(iv) a detailed listing of each receipt, contribution, and public service assistance since
680
the last summary report that has not been reported in detail on an interim report;
681
(v) for each nonmonetary contribution, the fair market value of the contribution;
682
(vi) a detailed listing of each expenditure made since the last summary report that has
683
not been reported in detail on an interim report;
684
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
685
(viii) a net balance for the year consisting of the net balance from the last summary
686
report, if any, plus all receipts minus all expenditures.
687
(b) (i) For all individual contributions or public service assistance of $50 or less, a single
688
aggregate figure may be reported without separate detailed listings.
689
(ii) Two or more contributions from the same source that have an aggregate total of
690
more than $50 may not be reported in the aggregate, but shall be reported separately.
691
(c) In preparing the report, all receipts and expenditures shall be reported as of
692
December 31 of the [last regular general election] previous year.
693
(3) The summary report shall contain a paragraph signed by the legislative office
694
candidate certifying that to the best of the candidate's knowledge, all receipts and all
695
expenditures have been reported as of December 31 of the [last regular general election]
696
previous year and that there are no bills or obligations outstanding and unpaid except as set
697
forth in that report.
698
[(4) Legislative office candidates reporting under this section need only report receipts
699
received and expenditures made after April 29, 1991.]
700
Section 8.
Section
20A-11-303
is amended to read:
701
20A-11-303. Legislative office candidate -- Financial reporting requirements --
702
Interim reports.
703
(1) Each legislative office candidate shall file an interim report at the following times in
704
any year in which the candidate has filed a declaration of candidacy for a public office:
705
(a) seven days before [any] the candidate's political convention [if more than one
706
individual in the candidate's same party has filed a declaration of candidacy for the particular
707
public office that the candidate seeks];
708
(b) seven days before the regular primary election date[, if the candidate is on the ballot
709
in the primary election];
710
(c) [September 15, unless the candidate is unopposed] August 31; and
711
(d) seven days before the regular general election date.
712
(2) Each interim report shall include the following information:
713
(a) the net balance of the last summary report, if any;
714
(b) a single figure equal to the total amount of receipts reported on all prior interim
715
reports, if any, during the calendar year in which the interim report is due;
716
(c) a single figure equal to the total amount of expenditures reported on all prior interim
717
reports, if any, filed during the calendar year in which the interim report is due;
718
(d) a detailed listing of each contribution and public service assistance received since the
719
last summary report that has not been reported in detail on a prior interim report;
720
(e) for each nonmonetary contribution, the fair market value of the contribution;
721
(f) a detailed listing of each expenditure made since the last summary report that has not
722
been reported in detail on a prior interim report;
723
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
724
(h) a net balance for the year consisting of the net balance from the last summary report,
725
if any, plus all receipts since the last summary report minus all expenditures since the last
726
summary report; and
727
(i) a summary page in the form required by the lieutenant governor that identifies:
728
(i) beginning balance;
729
(ii) total contributions during the period since the last statement;
730
(iii) total contributions to date;
731
(iv) total expenditures during the period since the last statement; and
732
(v) total expenditures to date.
733
(3) (a) For all individual contributions or public service assistance of $50 or less, a
734
single aggregate figure may be reported without separate detailed listings.
735
(b) Two or more contributions from the same source that have an aggregate total of
736
more than $50 may not be reported in the aggregate, but shall be reported separately.
737
(4) In preparing each interim report, all receipts and expenditures shall be reported as of
738
five days before the required filing date of the report.
739
[(5) Legislative office candidates reporting under this section need only report
740
contributions received and expenditures made after April 29, 1991.]
741
Section 9.
Section
20A-11-305
is amended to read:
742
20A-11-305. Legislative office candidate -- Failure to file report -- Name not
743
printed on ballot -- Filling vacancy.
744
(1) (a) If a legislative office candidate fails to file an interim report due before the
745
regular primary election, [September 15] on August 31, or before the regular general election,
746
the lieutenant governor shall, after making a reasonable attempt to discover if the report was
747
timely mailed, inform the county clerk and other appropriate election officials who:
748
(i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
749
name before the ballots are delivered to voters; or
750
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
751
voters by any practicable method that the candidate has been disqualified and that votes cast for
752
the candidate will not be counted; and
753
(iii) may not count any votes for that candidate.
754
(b) Any legislative office candidate who fails to file timely a financial statement required
755
by this part is disqualified and the vacancy on the ballot may be filled as provided in Section
756
20A-1-501
.
757
(c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
758
disqualified if:
759
(i) the candidate files the reports required by this section;
760
(ii) those reports are completed, detailing accurately and completely the information
761
required by this part except for inadvertent omissions or insignificant errors or inaccuracies; and
762
(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
763
the next scheduled report.
764
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
765
governor shall review each filed summary report to ensure that:
766
(i) each legislative office candidate that is required to file a summary report has filed
767
one; and
768
(ii) each summary report contains the information required by this part.
769
(b) If it appears that any legislative office candidate has failed to file the summary report
770
required by law, if it appears that a filed summary report does not conform to the law, or if the
771
lieutenant governor has received a written complaint alleging a violation of the law or the falsity
772
of any summary report, the lieutenant governor shall, within five days of discovery of a violation
773
or receipt of a written complaint, notify the legislative office candidate of the violation or
774
written complaint and direct the legislative office candidate to file a summary report correcting
775
the problem.
776
(c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
777
summary report within 14 days after receiving notice from the lieutenant governor under this
778
section.
779
(ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a class
780
B misdemeanor.
781
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
782
attorney general.
783
Section 10.
Section
20A-11-401
is amended to read:
784
20A-11-401. Officeholder financial reporting requirements -- Year-end summary
785
report.
786
(1) (a) Each officeholder shall file a summary report by January [5] 10 of each year.
787
(b) An officeholder that is required to file a summary report both as an officeholder and
788
as a candidate for office under the requirements of this chapter may file a single summary report
789
as a candidate and an officeholder, provided that the combined report meets the requirements
790
of:
791
(i) this section; and
792
(ii) the section that provides the requirements for the summary report that must be filed
793
by the officeholder in the officeholder's capacity of a candidate for office.
794
(2) (a) Each summary report shall include the following information as of December 31
795
of the [last] previous year:
796
(i) the net balance of the last summary report, if any;
797
(ii) a single figure equal to the total amount of receipts received since the last summary
798
report, if any;
799
(iii) a single figure equal to the total amount of expenditures made since the last
800
summary report, if any;
801
(iv) a detailed listing of each contribution and public service assistance received since
802
the last summary report;
803
(v) for each nonmonetary contribution, the fair market value of the contribution;
804
(vi) a detailed listing of each expenditure made since the last summary report;
805
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
806
(viii) a net balance for the year consisting of the net balance from the last summary
807
report plus all receipts minus all expenditures.
808
(b) (i) For all individual contributions or public service assistance of $50 or less, a single
809
aggregate figure may be reported without separate detailed listings.
810
(ii) Two or more contributions from the same source that have an aggregate total of
811
more than $50 may not be reported in the aggregate, but shall be reported separately.
812
(c) In preparing the report, all receipts and expenditures shall be reported as of
813
December 31 of the [last calendar] previous year.
814
(3) The summary report shall contain a paragraph signed by the officeholder certifying
815
that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
816
reported as of December 31 of the last calendar year and that there are no bills or obligations
817
outstanding and unpaid except as set forth in that report.
818
Section 11.
Section
20A-11-506
is amended to read:
819
20A-11-506. Political party financial reporting requirements -- Year-end
820
summary report.
821
(1) [Each] The party committee of each registered political party shall file a summary
822
report by January [5] 10 of [the year after the regular general election] each year.
823
(2) (a) Each summary report shall include the following information as of December 31
824
of the [regular general election] previous year:
825
(i) the net balance of the last summary report, if any;
826
(ii) a single figure equal to the total amount of receipts reported on all interim reports, if
827
any, during the [election] previous year;
828
(iii) a single figure equal to the total amount of expenditures reported on all interim
829
reports, if any, filed during the [election] previous year;
830
(iv) a detailed listing of each contribution and public service assistance received since
831
the last summary report that has not been reported in detail on an interim report;
832
(v) for each nonmonetary contribution, the fair market value of the contribution;
833
(vi) a detailed listing of each expenditure made since the last summary report that has
834
not been reported in detail on an interim report;
835
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
836
(viii) a net balance for the year consisting of the net balance from the last summary
837
report, if any, plus all receipts minus all expenditures.
838
(b) (i) For all individual contributions or public service assistance of $50 or less, a single
839
aggregate figure may be reported without separate detailed listings.
840
(ii) Two or more contributions from the same source that have an aggregate total of
841
more than $50 may not be reported in the aggregate, but shall be reported separately.
842
(c) In preparing the report, all receipts and expenditures shall be reported as of
843
December 31 of the [last regular general election] previous year.
844
(3) The summary report shall contain a paragraph signed by the treasurer of the party
845
committee certifying that, to the best of the treasurer's knowledge, all receipts and all
846
expenditures have been reported as of December 31 of the [last regular general election]
847
previous year and that there are no bills or obligations outstanding and unpaid except as set
848
forth in that report.
849
Section 12.
Section
20A-11-507
is amended to read:
850
20A-11-507. Political party financial reporting requirements -- Interim reports.
851
(1) [Each] The party committee of each registered political party shall file an interim
852
report at the following times in any year in which there is a regular general election:
853
(a) [September 15] August 31; and
854
(b) seven days before the general election.
855
(2) Each interim report shall include the following information:
856
(a) the net balance of the last summary report, if any;
857
(b) a single figure equal to the total amount of receipts reported on all prior interim
858
reports, if any, during the calendar year in which the interim report is due;
859
(c) a single figure equal to the total amount of expenditures reported on all prior interim
860
reports, if any, filed during the calendar year in which the interim report is due;
861
(d) a detailed listing of each contribution and public service assistance received since the
862
last summary report that has not been reported in detail on a prior interim report;
863
(e) for each nonmonetary contribution, the fair market value of the contribution;
864
(f) a detailed listing of each expenditure made since the last summary report that has not
865
been reported in detail on a prior interim report;
866
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
867
(h) a net balance for the year consisting of the net balance from the last summary report,
868
if any, plus all receipts since the last summary report minus all expenditures since the last
869
summary report; and
870
(i) a summary page in the form required by the lieutenant governor that identifies:
871
(i) beginning balance;
872
(ii) total contributions during the period since the last statement;
873
(iii) total contributions to date;
874
(iv) total expenditures during the period since the last statement; and
875
(v) total expenditures to date.
876
(3) (a) For all individual contributions or public service assistance of $50 or less, a
877
single aggregate figure may be reported without separate detailed listings.
878
(b) Two or more contributions from the same source that have an aggregate total of
879
more than $50 may not be reported in the aggregate, but shall be reported separately.
880
(4) In preparing each interim report, all receipts and expenditures shall be reported as of
881
[three] five days before the required filing date of the report.
882
Section 13.
Section
20A-11-508
is amended to read:
883
20A-11-508. Political party reporting requirements -- Criminal penalties.
884
(1) (a) Each registered political party that fails to file the interim reports due
885
[September 15] on August 31 or before the regular general election is guilty of a class B
886
misdemeanor.
887
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
888
attorney general.
889
(2) Within 30 days after a deadline for the filing of a summary report required by this
890
part, the lieutenant governor shall review each filed report to ensure that:
891
(a) each political party that is required to file a report has filed one; and
892
(b) each report contains the information required by this part.
893
(3) If it appears that any political party has failed to file a report required by law, if it
894
appears that a filed report does not conform to the law, or if the lieutenant governor has
895
received a written complaint alleging a violation of the law or the falsity of any report, the
896
lieutenant governor shall, within five days of discovery of a violation or receipt of a written
897
complaint, notify the political party of the violation or written complaint and direct the political
898
party to file a summary report correcting the problem.
899
(4) (a) It is unlawful for any political party to fail to file or amend a summary report
900
within 14 days after receiving notice from the lieutenant governor under this section.
901
(b) Each political party who violates Subsection (4)(a) is guilty of a class B
902
misdemeanor.
903
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
904
attorney general.
905
Section 14.
Section
20A-11-601
is amended to read:
906
20A-11-601. Political action committees -- Registration -- Criminal penalty for
907
providing false information or accepting unlawful contribution.
908
(1) (a) Each political action committee shall file a statement of organization with the
909
lieutenant governor's office by January 10 of each year, unless the political action committee has
910
filed a notice of dissolution under Subsection (4).
911
(b) If a political action committee is organized after the January 10 filing date, the
912
political action committee shall file an initial statement of organization no later than seven days
913
after:
914
(i) receiving contributions totaling at least $750; or
915
(ii) distributing expenditures for political purposes totaling at least [$750] $50.
916
(c) If January 10 falls on a weekend or holiday, the statement of organization shall be
917
filed by the following business day.
918
(2) Each political action committee shall designate two officers that have primary
919
decision-making authority for the political action committee.
920
(3) The statement of organization shall include:
921
(a) the name and address of the political action committee;
922
(b) the name, street address, phone number, occupation, and title of the two primary
923
officers designated under Subsection (2);
924
(c) the name, street address, occupation, and title of all other officers of the political
925
action committee;
926
(d) the name and street address of the organization, individual corporation, association,
927
unit of government, or union that the political action committee represents, if any;
928
(e) the name and street address of all affiliated or connected organizations and their
929
relationships to the political action committee;
930
(f) the name, street address, business address, occupation, and phone number of the
931
committee's treasurer or chief financial officer; and
932
(g) the name, street address, and occupation of each member of the governing and
933
advisory boards, if any.
934
(4) (a) Any registered political action committee that intends to permanently cease
935
operations shall file a notice of dissolution with the lieutenant governor's office.
936
(b) Any notice of dissolution filed by a political action committee does not exempt that
937
political action committee from complying with the financial reporting requirements of this
938
chapter.
939
(5) (a) Unless the political action committee has filed a notice of dissolution under
940
Subsection (4), a political action committee shall file, with the lieutenant governor's office,
941
notice of any change of an officer described in Subsection (2).
942
(b) Notice of a change of a primary officer described in Subsection (2) shall:
943
(i) be filed within ten days of the date of the change; and
944
(ii) contain the name and title of the officer being replaced, and the name, street
945
address, occupation, and title of the new officer.
946
(6) (a) A person is guilty of providing false information in relation to a political action
947
committee if the person intentionally or knowingly gives false or misleading material
948
information in the statement of organization or the notice of change of primary officer.
949
(b) Each primary officer designated in Subsection (2) is guilty of accepting an unlawful
950
contribution if the political action committee knowingly or recklessly accepts a contribution
951
from a corporation that:
952
(i) was organized less than 90 days before the date of the general election; and
953
(ii) at the time the political action committee accepts the contribution, has failed to file a
954
statement of organization with the lieutenant governor's office as required by Section
955
20A-11-704
.
956
(c) A violation of this Subsection (6) is a third degree felony.
957
Section 15.
Section
20A-11-602
is amended to read:
958
20A-11-602. Political action committees -- Financial reporting.
959
(1) (a) Each registered political action committee that has received contributions
960
totaling at least $750, or [made] disbursed expenditures [that total] totaling at least [$750] $50,
961
during a calendar year shall file a verified financial statement with the lieutenant governor's
962
office on:
963
(i) January [5] 10, reporting contributions and expenditures as of December 31 of the
964
previous year;
965
(ii) [September 15] August 31; and
966
(iii) seven days before the regular general election.
967
(b) The registered political action committee shall report:
968
(i) a detailed listing of all contributions received and expenditures made since the last
969
statement; and
970
(ii) for financial statements filed on [September 15] August 31 and before the general
971
election, all contributions and expenditures as of [three] five days before the required filing date
972
of the financial statement.
973
(c) The registered political action committee need not file a statement under this section
974
if it received no contributions and made no expenditures during the reporting period.
975
(2) (a) The verified financial statement shall include:
976
(i) the name, address, and occupation of any individual that makes a contribution to the
977
reporting political action committee, and the amount of the contribution;
978
(ii) the identification of any publicly identified class of individuals that makes a
979
contribution to the reporting political action committee, and the amount of the contribution;
980
(iii) the name and address of any political action committee, group, or entity that makes
981
a contribution to the reporting political action committee, and the amount of the contribution;
982
(iv) for each nonmonetary contribution, the fair market value of the contribution;
983
(v) the name and address of each reporting entity that received an expenditure from the
984
reporting political action committee, and the amount of each expenditure;
985
(vi) for each nonmonetary expenditure, the fair market value of the expenditure;
986
(vii) the total amount of contributions received and expenditures disbursed by the
987
reporting political action committee;
988
(viii) a paragraph signed by the political action committee's treasurer or chief financial
989
officer verifying that, to the best of the signer's knowledge, the financial report is accurate; and
990
(ix) a summary page in the form required by the lieutenant governor that identifies:
991
(A) beginning balance;
992
(B) total contributions during the period since the last statement;
993
(C) total contributions to date;
994
(D) total expenditures during the period since the last statement; and
995
(E) total expenditures to date.
996
(b) (i) Contributions received by a political action committee that have a value of $50 or
997
less need not be reported individually, but shall be listed on the report as an aggregate total.
998
(ii) Two or more contributions from the same source that have an aggregate total of
999
more than $50 may not be reported in the aggregate, but shall be reported separately.
1000
Section 16.
Section
20A-11-603
is amended to read:
1001
20A-11-603. Criminal penalties.
1002
(1) (a) Each political action committee that fails to file the statement due [September
1003
15] on August 31 or before the regular general session is guilty of a class B misdemeanor.
1004
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
1005
attorney general.
1006
(2) Within 30 days after a deadline for the filing of the January [5] 10 statement
1007
required by this part, the lieutenant governor shall review each filed statement to ensure that:
1008
(a) each political action committee that is required to file a statement has filed one; and
1009
(b) each statement contains the information required by this part.
1010
(3) If it appears that any political action committee has failed to file the January [5] 10
1011
statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
1012
governor has received a written complaint alleging a violation of the law or the falsity of any
1013
statement, the lieutenant governor shall, within five days of discovery of a violation or receipt of
1014
a written complaint, notify the political action committee of the violation or written complaint
1015
and direct the political action committee to file a statement correcting the problem.
1016
(4) (a) It is unlawful for any political action committee to fail to file or amend a
1017
statement within 14 days after receiving notice from the lieutenant governor under this section.
1018
(b) Each political action committee who violates Subsection (4)(a) is guilty of a class B
1019
misdemeanor.
1020
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
1021
attorney general.
1022
Section 17.
Section
20A-11-701
is amended to read:
1023
20A-11-701. Campaign financial reporting of candidate campaign contributions
1024
by corporations -- Filing requirements -- Statement contents.
1025
(1) (a) Each corporation that has made expenditures for political purposes that total at
1026
least $750 during a calendar year shall file a verified financial statement with the lieutenant
1027
governor's office on:
1028
(i) January [5] 10, reporting expenditures as of December 31 of the previous year;
1029
(ii) [September 15] August 31; and
1030
(iii) seven days before the regular general election.
1031
(b) The corporation shall report:
1032
(i) a detailed listing of all expenditures made since the last statement; and
1033
(ii) for financial statements filed on [September 15] August 31 and before the general
1034
election, all expenditures as of three days before the required filing date of the financial
1035
statement.
1036
(c) The corporation need not file a statement under this section if it made no
1037
expenditures during the reporting period.
1038
(2) That statement shall include:
1039
(a) the name and address of each reporting entity that received an expenditure from the
1040
corporation, and the amount of each expenditure;
1041
(b) the total amount of expenditures disbursed by the corporation; and
1042
(c) a paragraph signed by the corporation's or the political action committee's treasurer
1043
or chief financial officer verifying the accuracy of the financial report.
1044
Section 18.
Section
20A-11-702
is amended to read:
1045
20A-11-702. Campaign financial reporting of political issues expenditures by
1046
corporations -- Financial reporting.
1047
(1) (a) Each corporation that has made political issues expenditures on current or
1048
proposed ballot issues that total at least $750 during a calendar year shall file a verified financial
1049
statement with the lieutenant governor's office on:
1050
(i) January [5] 10, reporting expenditures as of December 31 of the previous year;
1051
[(ii) March 1;]
1052
[(iii) June 1;]
1053
[(iv) September 15; and]
1054
(ii) August 31; and
1055
[(v)] (iii) seven days before the regular general election.
1056
(b) The corporation shall report:
1057
(i) a detailed listing of all expenditures made since the last statement; and
1058
(ii) for financial statements filed on [September 15] August 31 and before the primary
1059
and general elections, expenditures as of [three] five days before the required filing date of the
1060
financial statement.
1061
(c) The corporation need not file a statement under this section if it made no
1062
expenditures during the reporting period.
1063
(2) That statement shall include:
1064
(a) the name and address of each individual, entity, or group of individuals or entities
1065
that received a political issues expenditure of more than $50 from the corporation, and the
1066
amount of each political issues expenditure;
1067
(b) the total amount of political issues expenditures disbursed by the corporation; and
1068
(c) a paragraph signed by the corporation's treasurer or chief financial officer verifying
1069
the accuracy of the verified financial statement.
1070
Section 19.
Section
20A-11-802
is amended to read:
1071
20A-11-802. Political issues committees -- Financial reporting.
1072
(1) (a) Each registered political issues committee that has received political issues
1073
contributions totaling at least $750, or disbursed political issues expenditures totaling at least
1074
$50, during a calendar year on current or proposed statewide ballot propositions, to influence
1075
an incorporation petition or an incorporation election, or on initiative petitions to be submitted
1076
to the Legislature, shall file a verified financial statement with the lieutenant governor's office:
1077
(i) on January [5] 10, reporting contributions and expenditures as of December 31 of
1078
the previous year;
1079
(ii) seven days before the date of an incorporation election, if the political issues
1080
committee has received donations or made disbursements to affect an incorporation;
1081
[(iii) March 1;]
1082
[(iv) June 1;]
1083
[(v)] (iii) at least three days before the first public hearing held as required by Section
1084
20A-7-204.1
;
1085
[(vi)] (iv) if the political issues committee has received or expended funds in relation to
1086
an initiative or referendum, at the time the initiative or referendum sponsors submit:
1087
(A) the verified and certified initiative packets [to the county clerk] as required by
1088
Section
20A-7-206
; or
1089
(B) the signed and verified referendum packets as required by Section
20A-7-306
;
1090
[(vii)] (v) on [September 15] August 31; and
1091
[(viii)] (vi) seven days before the regular general election.
1092
(b) The political issues committee shall report:
1093
(i) a detailed listing of all contributions received and expenditures made since the last
1094
statement; and
1095
(ii) for financial statements filed on [September 15] August 31 and before the general
1096
election, all contributions and expenditures as of three days before the required filing date of the
1097
financial statement.
1098
(c) The political issues committee need not file a statement under this section if it
1099
received no contributions and made no expenditures during the reporting period.
1100
(2) (a) That statement shall include:
1101
(i) the name, address, and occupation of any individual that makes a political issues
1102
contribution to the reporting political issues committee, and the amount of the political issues
1103
contribution;
1104
(ii) the identification of any publicly identified class of individuals that makes a political
1105
issues contribution to the reporting political issues committee, and the amount of the political
1106
issues contribution;
1107
(iii) the name and address of any political issues committee, group, or entity that makes
1108
a political issues contribution to the reporting political issues committee, and the amount of the
1109
political issues contribution;
1110
(iv) the name and address of each reporting entity that makes a political issues
1111
contribution to the reporting political issues committee, and the amount of the political issues
1112
contribution;
1113
(v) for each nonmonetary contribution, the fair market value of the contribution;
1114
(vi) except as provided in Subsection (2)(c), the name and address of each individual,
1115
entity, or group of individuals or entities that received a political issues expenditure of more
1116
than $50 from the reporting political issues committee, and the amount of each political issues
1117
expenditure;
1118
(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1119
(viii) the total amount of political issues contributions received and political issues
1120
expenditures disbursed by the reporting political issues committee;
1121
(ix) a paragraph signed by the political issues committee's treasurer or chief financial
1122
officer verifying that, to the best of the signer's knowledge, the financial statement is accurate;
1123
and
1124
(x) a summary page in the form required by the lieutenant governor that identifies:
1125
(A) beginning balance;
1126
(B) total contributions during the period since the last statement;
1127
(C) total contributions to date;
1128
(D) total expenditures during the period since the last statement; and
1129
(E) total expenditures to date.
1130
(b) (i) Political issues contributions received by a political issues committee that have a
1131
value of $50 or less need not be reported individually, but shall be listed on the report as an
1132
aggregate total.
1133
(ii) Two or more political issues contributions from the same source that have an
1134
aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
1135
separately.
1136
(c) When reporting political issue expenditures made to circulators of initiative
1137
petitions, the political issues committee:
1138
(i) need only report the amount paid to each initiative petition circulator; and
1139
(ii) need not report the name or address of the circulator.
1140
Section 20.
Section
20A-11-803
is amended to read:
1141
20A-11-803. Criminal penalties.
1142
(1) (a) Each political issues committee that fails to file the statement due [September
1143
15] August 31 or before the regular general [session] election is guilty of a class B
1144
misdemeanor.
1145
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
1146
attorney general.
1147
(2) Within 30 days after a deadline for the filing of the January [5] 10 statement, the
1148
lieutenant governor shall review each filed statement to ensure that:
1149
(a) each political issues committee that is required to file a statement has filed one; and
1150
(b) each statement contains the information required by this part.
1151
(3) If it appears that any political issues committee has failed to file the January [5] 10
1152
statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
1153
governor has received a written complaint alleging a violation of the law or the falsity of any
1154
statement, the lieutenant governor shall, within five days of discovery of a violation or receipt of
1155
a written complaint, notify the political issues committee of the violation or written complaint
1156
and direct the political issues committee to file a statement correcting the problem.
1157
(4) (a) It is unlawful for any political issues committee to fail to file or amend a
1158
statement within 14 days after receiving notice from the lieutenant governor under this section.
1159
(b) Each political issues committee who violates Subsection (4)(a) is guilty of a class B
1160
misdemeanor.
1161
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
1162
attorney general.
1163
Section 21.
Section
20A-11-1302
is amended to read:
1164
20A-11-1302. School board office candidate -- Financial reporting requirements
1165
-- Year-end summary report.
1166
(1) (a) Each school board office candidate shall file a summary report by January [5] 10
1167
of the year after the regular general election year.
1168
(b) Beginning with the 2008 regular general election and in addition to the requirements
1169
of Subsection (1)(a), a former school board office candidate that has not filed the statement of
1170
dissolution and final summary report required under Section
20A-11-1304
shall continue to file
1171
a summary report on January 10 of each year.
1172
(2) (a) Each summary report shall include the following information as of December 31
1173
of the [last regular general election] previous year:
1174
(i) the net balance of the last summary report, if any;
1175
(ii) a single figure equal to the total amount of receipts reported on all interim reports, if
1176
any, during the [calendar year in which the summary report is due] previous year;
1177
(iii) a single figure equal to the total amount of expenditures reported on all interim
1178
reports, if any, filed during the [election] previous year;
1179
(iv) a detailed listing of each receipt, contribution, and public service assistance since
1180
the last summary report that has not been reported in detail on an interim report;
1181
(v) for each nonmonetary contribution, the fair market value of the contribution;
1182
(vi) a detailed listing of each expenditure made since the last summary report that has
1183
not been reported in detail on an interim report;
1184
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
1185
(viii) a net balance for the year consisting of the net balance from the last summary
1186
report, if any, plus all receipts minus all expenditures.
1187
(b) (i) For all individual contributions or public service assistance of $50 or less, a single
1188
aggregate figure may be reported without separate detailed listings.
1189
(ii) Two or more contributions from the same source that have an aggregate total of
1190
more than $50 may not be reported in the aggregate, but shall be reported separately.
1191
(c) In preparing the report, all receipts and expenditures shall be reported as of
1192
December 31 of the [last regular general election] previous year.
1193
(3) The summary report shall contain a paragraph signed by the school board office
1194
candidate certifying that, to the best of the school board office candidate's knowledge, all
1195
receipts and all expenditures have been reported as of December 31 of the [last regular general
1196
election] previous year and that there are no bills or obligations outstanding and unpaid except
1197
as set forth in that report.
1198
[(4) School board office candidates reporting under this section need only report
1199
receipts received and expenditures made after May 5, 1997.]
1200
Section 22.
Section
20A-11-1303
is amended to read:
1201
20A-11-1303. School board office candidate -- Financial reporting requirements
1202
-- Interim reports.
1203
(1) Each school board office candidate shall file an interim report at the following times
1204
in any year in which the candidate has filed a declaration of candidacy for a public office:
1205
(a) May 15, for state school board office candidates;
1206
[(a)] (b) seven days before the regular primary election date[, if the candidate is on the
1207
ballot in the primary election];
1208
[(b) September 15, unless the candidate is unopposed; and]
1209
(c) August 31; and
1210
[(c)] (d) seven days before the regular general election date.
1211
(2) Each interim report shall include the following information:
1212
(a) the net balance of the last summary report, if any;
1213
(b) a single figure equal to the total amount of receipts reported on all prior interim
1214
reports, if any, during the calendar year in which the interim report is due;
1215
(c) a single figure equal to the total amount of expenditures reported on all prior interim
1216
reports, if any, filed during the calendar year in which the interim report is due;
1217
(d) a detailed listing of each contribution and public service assistance received since the
1218
last summary report that has not been reported in detail on a prior interim report;
1219
(e) for each nonmonetary contribution, the fair market value of the contribution;
1220
(f) a detailed listing of each expenditure made since the last summary report that has not
1221
been reported in detail on a prior interim report;
1222
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
1223
(h) a net balance for the year consisting of the net balance from the last summary report,
1224
if any, plus all receipts since the last summary report minus all expenditures since the last
1225
summary report; and
1226
(i) a summary page in the form required by the lieutenant governor that identifies:
1227
(i) beginning balance;
1228
(ii) total contributions during the period since the last statement;
1229
(iii) total contributions to date;
1230
(iv) total expenditures during the period since the last statement; and
1231
(v) total expenditures to date.
1232
(3) (a) For all individual contributions or public service assistance of $50 or less, a
1233
single aggregate figure may be reported without separate detailed listings.
1234
(b) Two or more contributions from the same source that have an aggregate total of
1235
more than $50 may not be reported in the aggregate, but shall be reported separately.
1236
(4) In preparing each interim report, all receipts and expenditures shall be reported as of
1237
[three] five days before the required filing date of the report.
1238
[(5) School board office candidates reporting under this section need only report
1239
contributions received and expenditures made after May 5, 1997.]
1240
Section 23.
Section
20A-11-1305
is amended to read:
1241
20A-11-1305. School board office candidate -- Failure to file statement -- Name
1242
not printed on ballot -- Filling vacancy.
1243
(1) (a) If a school board office candidate fails to file an interim report due before the
1244
regular primary election, [September 15] on August 31, and before the regular general election,
1245
the chief election officer shall, after making a reasonable attempt to discover if the report was
1246
timely mailed, inform the county clerk and other appropriate election officials who:
1247
(i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
1248
name before the ballots are delivered to voters; or
1249
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
1250
voters by any practicable method that the candidate has been disqualified and that votes cast for
1251
candidate will not be counted; and
1252
(iii) may not count any votes for that candidate.
1253
(b) Any school board office candidate who fails to file timely a financial statement
1254
required by this part is disqualified and the vacancy on the ballot may be filled as provided in
1255
Section
20A-1-501
.
1256
(c) Notwithstanding [Subsection] Subsections (1)(a) and (1)(b), a school board office
1257
candidate is not disqualified if:
1258
(i) the candidate files the reports required by this section;
1259
(ii) those reports are completed, detailing accurately and completely the information
1260
required by this part except for inadvertent omissions or insignificant errors or inaccuracies; and
1261
(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
1262
the next scheduled report.
1263
(2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
1264
for state school board, the lieutenant governor shall review each filed summary report to ensure
1265
that:
1266
(i) each state school board candidate that is required to file a summary report has filed
1267
one; and
1268
(ii) each summary report contains the information required by this part.
1269
(b) If it appears that any state school board candidate has failed to file the summary
1270
report required by law, if it appears that a filed summary report does not conform to the law, or
1271
if the lieutenant governor has received a written complaint alleging a violation of the law or the
1272
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1273
violation or receipt of a written complaint, notify the state school board candidate of the
1274
violation or written complaint and direct the state school board candidate to file a summary
1275
report correcting the problem.
1276
(c) (i) It is unlawful for any state school board candidate to fail to file or amend a
1277
summary report within 14 days after receiving notice from the lieutenant governor under this
1278
section.
1279
(ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
1280
class B misdemeanor.
1281
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1282
attorney general.
1283
(3) (a) Within 30 days after a deadline for the filing of a summary report, the county
1284
clerk shall review each filed summary report to ensure that:
1285
(i) each local school board candidate that is required to file a summary report has filed
1286
one; and
1287
(ii) each summary report contains the information required by this part.
1288
(b) If it appears that any local school board candidate has failed to file the summary
1289
report required by law, if it appears that a filed summary report does not conform to the law, or
1290
if the county clerk has received a written complaint alleging a violation of the law or the falsity
1291
of any summary report, the county clerk shall, within five days of discovery of a violation or
1292
receipt of a written complaint, notify the local school board candidate of the violation or written
1293
complaint and direct the local school board candidate to file a summary report correcting the
1294
problem.
1295
(c) (i) It is unlawful for any local school board candidate to fail to file or amend a
1296
summary report within 14 days after receiving notice from the county clerk under this section.
1297
(ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
1298
class B misdemeanor.
1299
(iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
1300
county attorney.
1301
Section 24.
Section
20A-12-304
is amended to read:
1302
20A-12-304. Judicial retention election candidates -- Financial reporting
1303
requirements -- Year-end summary report.
1304
(1) The judge's personal campaign committee shall file a summary report with the
1305
lieutenant governor by January [5] 10 of the year after the regular general election year.
1306
(2) (a) Each summary report shall include the following information as of December 31
1307
of the last regular general election year:
1308
(i) a single figure equal to the total amount of contributions reported on the interim
1309
report;
1310
(ii) a single figure equal to the total amount of expenditures reported on the interim
1311
report;
1312
(iii) a detailed listing of each contribution received since the last summary report that
1313
has not been reported in detail on the interim report;
1314
(iv) for each nonmonetary contribution, the fair market value of the contribution;
1315
(v) a detailed listing of each expenditure made since the last summary report that has
1316
not been reported in detail on the interim report;
1317
(vi) for each nonmonetary expenditure, the fair market value of the expenditure; and
1318
(vii) the net balance for the year, consisting of all contributions minus all expenditures.
1319
(b) (i) For all single contributions of $50 or less, an aggregate figure may be reported
1320
without a separate detailed listing.
1321
(ii) Two or more contributions from the same source for a total of more than $50 may
1322
not be reported in the aggregate, but shall be reported in the detailed listing.
1323
(3) The summary report shall contain a statement signed by the judge certifying that, to
1324
the best of the judge's knowledge, all contributions and all expenditures have been reported as
1325
of December 31 of the last regular general election year and that there are no financial
1326
obligations outstanding except as set forth in the report.
1327
Section 25. Effective date.
1328
If approved by two-thirds of all the members elected to each house, this bill takes effect
1329
upon approval by the governor, or the day following the constitutional time limit of Utah
1330
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
1331
the date of veto override.
1332
Section 26. Coordinating S.B. 21 with S.B. 12 -- Merging substantive
1333
amendments.
1334
If this S.B. 21 and S.B. 12, Election Law Modifications, both pass, it is the intent of the
1335
Legislature that the amendments to Sections
20A-11-302
,
20A-11-506
, and
20A-11-1302
in
1336
this bill supersede the amendments to Sections
20A-11-302
,
20A-11-506
, and
20A-11-1302
in
1337
S.B. 12 when the Office of Legislative Research and General Counsel prepares the Utah Code
1338
database for publication.
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