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S.B. 21
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CAMPAIGN FINANCE DISCLOSURE
2
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:
____________
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LONG TITLE
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Committee Note:
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The Government Operations Interim Committee recommended this bill.
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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 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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. removes outdated filing guidelines;
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. requires that election-related financial reports that were previously due seven days
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before a political convention, are due by May 15;
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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
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for state office, legislative office, or school board office must file an annual
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summary report by January 5 of each year if the former candidate has not filed a
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statement of 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 receiving $50 or more in donations, 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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. adds a requirement for political issues committees to file a financial report at the
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time 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
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substantive amendments.
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Utah Code Sections Affected:
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AMENDS:
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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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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-11-103
is amended to read:
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20A-11-103. Reports -- Form of submission.
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(1) (a) (i) Ten days before a report from a state office candidate, legislative office
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candidate, state school board candidate, political party, political action committee, political
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issues committee, or judge is due under this chapter, the lieutenant governor shall inform those
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candidates, judges, and entities by postal mail or, if requested by the candidate, judge, party, or
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committee, by electronic mail:
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(A) that the report is due; and
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(B) the date that the report is due.
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(ii) In addition to the information required by Subsection (1)(a)(i) and in the same
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mailing, ten days before the interim reports for candidates or judges are due, the lieutenant
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governor shall inform the candidate or judge that if the report is not received in the lieutenant
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governor's office by 5 p.m. on the date that it is due, voters will be informed that the candidate
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or judge has been disqualified and any votes cast for the candidate or judge will not be counted.
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(iii) In addition to the information required by Subsection (1)(a)(i) and in the same
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mailing, ten days before the interim reports or verified financial statements for entities that are
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due [September 15] August 31 and before the regular general election are due, and ten days
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before summary reports or January 5 financial statements are due, the lieutenant governor shall
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inform the entity, candidate, judge, or officeholder that if the report is not received in the
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lieutenant governor's office by the date that it is due, the entity, candidate, judge, or
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officeholder may be guilty of a class B misdemeanor for failing to file the report or statement.
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(b) Ten days before a report from a local school board candidate is due under this
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chapter, the county clerk shall inform the candidate by postal mail or, if requested, by
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electronic mail:
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(i) that the report is due;
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(ii) the date that the report is due; and
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(iii) if the report is not received in the county clerk's office by 5 p.m. on the date that it
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is due, voters will be informed that the candidate has been disqualified and any votes cast for
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the candidate will not be counted.
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(2) Persons or entities submitting reports required by this chapter may submit them:
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(a) on paper, printed, typed, or legibly handwritten or hand printed;
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(b) on a computer disk according to specifications established by the chief election
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officer that protect against fraudulent filings and secure the accuracy of the information
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contained on the computer disk;
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(c) via fax; or
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(d) via electronic mail according to specifications established by the chief election
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officer.
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(3) A report is considered filed if:
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(a) it is received in the chief election officer's office no later than [5:00] 5 p.m. on the
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date that it is due;
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(b) it is received in the chief election officer's office with a postmark three days or
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more before the date that the report was due; or
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(c) the candidate, judge, or entity has proof that the report was mailed, with appropriate
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postage and addressing, three days before the report was due.
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Section 2.
Section
20A-11-203
is amended to read:
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20A-11-203. State office candidate -- Financial reporting requirements --
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Year-end summary report.
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(1) (a) Each state office candidate shall file a summary report by January 5 of the year
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after the regular general election year.
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(b) Beginning with the 2008 regular general election and in addition to the
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requirements of Subsection (1)(a), a former state office candidate that has not filed the
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statement of dissolution and final summary report required under Section
20A-11-205
shall
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continue to file a summary report on January 5 of each year.
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(2) (a) Each summary report shall include the following information as of December 31
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of the [last regular general election] previous year:
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(i) the net balance of the last summary report, if any;
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(ii) a single figure equal to the total amount of receipts reported on all interim reports,
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if any;
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(iii) a single figure equal to the total amount of expenditures reported on all interim
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reports, if any, filed during the [election] previous year;
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(iv) a detailed listing of each contribution and public service assistance received since
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the last summary report that has not been reported in detail on an interim report;
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(v) for each nonmonetary contribution, the fair market value of the contribution;
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(vi) a detailed listing of each expenditure made since the last summary report that has
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not been reported in detail on an interim report;
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(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
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(viii) a net balance for the year consisting of the net balance from the last summary
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report, if any, plus all receipts minus all expenditures.
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(b) (i) For all single contributions or public service assistance of $50 or less, a single
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aggregate figure may be reported without separate detailed listings.
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(ii) Two or more contributions from the same source that have an aggregate total of
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more than $50 may not be reported in the aggregate, but shall be reported separately.
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(c) In preparing the report, all receipts and expenditures shall be reported as of
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December 31 of the [last regular general election] previous year.
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(3) The summary report shall contain a paragraph signed by an authorized member of
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the state office candidate's personal campaign committee or by the state office candidate
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certifying that, to the best of the signer's knowledge, all receipts and all expenditures have been
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reported as of December 31 of the [last regular general election] previous year and that there
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are no bills or obligations outstanding and unpaid except as set forth in that report.
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[(4) State office candidates reporting under this section need only report receipts
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received and expenditures made after April 29, 1991.]
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Section 3.
Section
20A-11-204
is amended to read:
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20A-11-204. State office candidate -- Financial reporting requirements -- Interim
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reports.
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(1) Each state office candidate shall file an interim report at the following times in any
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year in which the candidate has filed a declaration of candidacy for a public office:
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(a) [seven days before any political convention if more than one individual in the
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candidate's same party has filed a declaration of candidacy for the particular public office that
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the candidate seeks] May 15;
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(b) seven days before the regular primary election date;
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(c) [September 15] August 31; and
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(d) seven days before the regular general election date.
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(2) Each interim report shall include the following information:
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(a) the net balance of the last summary report, if any;
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(b) a single figure equal to the total amount of receipts reported on all prior interim
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reports, if any, during the calendar year in which the interim report is due;
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(c) a single figure equal to the total amount of expenditures reported on all prior
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interim reports, if any, filed during the calendar year in which the interim report is due;
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(d) a detailed listing of each contribution and public service assistance received since
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the last summary report that has not been reported in detail on a prior interim report;
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(e) for each nonmonetary contribution, the fair market value of the contribution;
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(f) a detailed listing of each expenditure made since the last summary report that has
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not been reported in detail on a prior interim report;
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(g) for each nonmonetary expenditure, the fair market value of the expenditure;
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(h) a net balance for the year consisting of the net balance from the last summary
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report, if any, plus all receipts since the last summary report minus all expenditures since the
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last summary report; and
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(i) a summary page in the form required by the lieutenant governor that identifies:
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(i) beginning balance;
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(ii) total contributions during the period since the last statement;
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(iii) total contributions to date;
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(iv) total expenditures during the period since the last statement; and
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(v) total expenditures to date.
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(3) (a) For all individual contributions or public service assistance of $50 or less, a
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single aggregate figure may be reported without separate detailed listings.
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(b) Two or more contributions from the same source that have an aggregate total of
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more than $50 may not be reported in the aggregate, but shall be reported separately.
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(4) In preparing each interim report, all receipts and expenditures shall be reported as
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of five days before the required filing date of the report.
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[(5) State office candidates reporting under this section need only report contributions
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received and expenditures made after April 29, 1991.]
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Section 4.
Section
20A-11-206
is amended to read:
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20A-11-206. State office candidate -- Failure to file reports -- Penalties.
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(1) (a) If a state office candidate fails to file an interim report due before the regular
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primary election, [September 15] on August 31, or before the regular general election, the
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lieutenant governor shall, after making a reasonable attempt to discover if the report was timely
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mailed, inform the county clerk and other appropriate election officials who:
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(i) shall, if practicable, remove the name of the candidate by blacking out the
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candidate's name before the ballots are delivered to voters; or
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(ii) shall, if removing the candidate's name from the ballot is not practicable, inform
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the voters by any practicable method that the candidate has been disqualified and that votes
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cast for the candidate will not be counted; and
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(iii) may not count any votes for that candidate.
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(b) Any state office candidate who fails to file timely a financial statement required by
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this part is disqualified and the vacancy on the ballot may be filled as provided in Section
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20A-1-501
.
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(c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
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disqualified if:
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(i) the candidate files the reports required by this section;
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(ii) those reports are completed, detailing accurately and completely the information
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required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
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and
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(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
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the next scheduled report.
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(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
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governor shall review each filed summary report to ensure that:
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(i) each state office candidate that is required to file a summary report has filed one;
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and
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(ii) each summary report contains the information required by this part.
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(b) If it appears that any state office candidate has failed to file the summary report
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required by law, if it appears that a filed summary report does not conform to the law, or if the
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lieutenant governor has received a written complaint alleging a violation of the law or the
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falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
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violation or receipt of a written complaint, notify the state office candidate of the violation or
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written complaint and direct the state office candidate to file a summary report correcting the
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problem.
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(c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
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report within 14 days after receiving notice from the lieutenant governor under this section.
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(ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
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misdemeanor.
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(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
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attorney general.
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Section 5.
Section
20A-11-302
is amended to read:
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20A-11-302. Legislative office candidate -- Financial reporting requirements --
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Year-end summary report.
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(1) (a) Each legislative office candidate shall file a summary report by January 5 of the
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year after the regular general election year.
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(b) Beginning with the 2008 regular general election and in addition to the
239
requirements of Subsection (1)(a), a former legislative office candidate that has not filed the
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statement of dissolution and final summary report required under Section
20A-11-304
shall
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continue to file a summary report on January 5 of each year.
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(2) (a) Each summary report shall include the following information as of December 31
243
of the [last regular general election] previous year:
244
(i) the net balance of the last summary report, if any;
245
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
246
if any, during the calendar year in which the summary report is due;
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(iii) a single figure equal to the total amount of expenditures reported on all interim
248
reports, if any, filed during the [election] previous year;
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(iv) a detailed listing of each receipt, contribution, and public service assistance since
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the last summary report that has not been reported in detail on an interim report;
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(v) for each nonmonetary contribution, the fair market value of the contribution;
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(vi) a detailed listing of each expenditure made since the last summary report that has
253
not been reported in detail on an interim report;
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(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
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(viii) a net balance for the year consisting of the net balance from the last summary
256
report, if any, plus all receipts minus all expenditures.
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(b) (i) For all individual contributions or public service assistance of $50 or less, a
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single aggregate figure may be reported without separate detailed listings.
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(ii) Two or more contributions from the same source that have an aggregate total of
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more than $50 may not be reported in the aggregate, but shall be reported separately.
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(c) In preparing the report, all receipts and expenditures shall be reported as of
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December 31 of the [last regular general election] previous year.
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(3) The summary report shall contain a paragraph signed by the legislative office
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candidate certifying that to the best of the candidate's knowledge, all receipts and all
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expenditures have been reported as of December 31 of the [last regular general election]
266
previous year and that there are no bills or obligations outstanding and unpaid except as set
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forth in that report.
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[(4) Legislative office candidates reporting under this section need only report receipts
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received and expenditures made after April 29, 1991.]
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Section 6.
Section
20A-11-303
is amended to read:
271
20A-11-303. Legislative office candidate -- Financial reporting requirements --
272
Interim reports.
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(1) Each legislative office candidate shall file an interim report at the following times
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in any year in which the candidate has filed a declaration of candidacy for a public office:
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(a) [seven days before any political convention if more than one individual in the
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candidate's same party has filed a declaration of candidacy for the particular public office that
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the candidate seeks] May 15;
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(b) seven days before the regular primary election date[, if the candidate is on the ballot
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in the primary election];
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(c) [September 15, unless the candidate is unopposed] August 31; and
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(d) seven days before the regular general election date.
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(2) Each interim report shall include the following information:
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(a) the net balance of the last summary report, if any;
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(b) a single figure equal to the total amount of receipts reported on all prior interim
285
reports, if any, during the calendar year in which the interim report is due;
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(c) a single figure equal to the total amount of expenditures reported on all prior
287
interim reports, if any, filed during the calendar year in which the interim report is due;
288
(d) a detailed listing of each contribution and public service assistance received since
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the last summary report that has not been reported in detail on a prior interim report;
290
(e) for each nonmonetary contribution, the fair market value of the contribution;
291
(f) a detailed listing of each expenditure made since the last summary report that has
292
not been reported in detail on a prior interim report;
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(g) for each nonmonetary expenditure, the fair market value of the expenditure;
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(h) a net balance for the year consisting of the net balance from the last summary
295
report, if any, plus all receipts since the last summary report minus all expenditures since the
296
last summary report; and
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(i) a summary page in the form required by the lieutenant governor that identifies:
298
(i) beginning balance;
299
(ii) total contributions during the period since the last statement;
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(iii) total contributions to date;
301
(iv) total expenditures during the period since the last statement; and
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(v) total expenditures to date.
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(3) (a) For all individual contributions or public service assistance of $50 or less, a
304
single aggregate figure may be reported without separate detailed listings.
305
(b) Two or more contributions from the same source that have an aggregate total of
306
more than $50 may not be reported in the aggregate, but shall be reported separately.
307
(4) In preparing each interim report, all receipts and expenditures shall be reported as
308
of five days before the required filing date of the report.
309
[(5) Legislative office candidates reporting under this section need only report
310
contributions received and expenditures made after April 29, 1991.]
311
Section 7.
Section
20A-11-305
is amended to read:
312
20A-11-305. Legislative office candidate -- Failure to file report -- Name not
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printed on ballot -- Filling vacancy.
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(1) (a) If a legislative office candidate fails to file an interim report due before the
315
regular primary election, [September 15] on August 31, or before the regular general election,
316
the lieutenant governor shall, after making a reasonable attempt to discover if the report was
317
timely mailed, inform the county clerk and other appropriate election officials who:
318
(i) shall, if practicable, remove the name of the candidate by blacking out the
319
candidate's name before the ballots are delivered to voters; or
320
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform
321
the voters by any practicable method that the candidate has been disqualified and that votes
322
cast for the candidate will not be counted; and
323
(iii) may not count any votes for that candidate.
324
(b) Any legislative office candidate who fails to file timely a financial statement
325
required by this part is disqualified and the vacancy on the ballot may be filled as provided in
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Section
20A-1-501
.
327
(c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
328
disqualified if:
329
(i) the candidate files the reports required by this section;
330
(ii) those reports are completed, detailing accurately and completely the information
331
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
332
and
333
(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
334
the next scheduled report.
335
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
336
governor shall review each filed summary report to ensure that:
337
(i) each legislative office candidate that is required to file a summary report has filed
338
one; and
339
(ii) each summary report contains the information required by this part.
340
(b) If it appears that any legislative office candidate has failed to file the summary
341
report required by law, if it appears that a filed summary report does not conform to the law, or
342
if the lieutenant governor has received a written complaint alleging a violation of the law or the
343
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
344
violation or receipt of a written complaint, notify the legislative office candidate of the
345
violation or written complaint and direct the legislative office candidate to file a summary
346
report correcting the problem.
347
(c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
348
summary report within 14 days after receiving notice from the lieutenant governor under this
349
section.
350
(ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
351
class B misdemeanor.
352
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
353
attorney general.
354
Section 8.
Section
20A-11-401
is amended to read:
355
20A-11-401. Officeholder financial reporting requirements -- Year-end summary
356
report.
357
(1) (a) Each officeholder shall file a summary report by January 5 of each year.
358
(b) An officeholder that is required to file a summary report both as an officeholder and
359
as a candidate for office under the requirements of this chapter may file a single summary
360
report as a candidate and an officeholder, provided that the combined report meets the
361
requirements of:
362
(i) this section; and
363
(ii) the section that provides the requirements for the summary report that must be filed
364
by the officeholder in the officeholder's capacity of a candidate for office.
365
(2) (a) Each summary report shall include the following information as of December 31
366
of the [last] previous year:
367
(i) the net balance of the last summary report, if any;
368
(ii) a single figure equal to the total amount of receipts received since the last summary
369
report, if any;
370
(iii) a single figure equal to the total amount of expenditures made since the last
371
summary report, if any;
372
(iv) a detailed listing of each contribution and public service assistance received since
373
the last summary report;
374
(v) for each nonmonetary contribution, the fair market value of the contribution;
375
(vi) a detailed listing of each expenditure made since the last summary report;
376
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
377
(viii) a net balance for the year consisting of the net balance from the last summary
378
report plus all receipts minus all expenditures.
379
(b) (i) For all individual contributions or public service assistance of $50 or less, a
380
single aggregate figure may be reported without separate detailed listings.
381
(ii) Two or more contributions from the same source that have an aggregate total of
382
more than $50 may not be reported in the aggregate, but shall be reported separately.
383
(c) In preparing the report, all receipts and expenditures shall be reported as of
384
December 31 of the [last calendar] previous year.
385
(3) The summary report shall contain a paragraph signed by the officeholder certifying
386
that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
387
reported as of December 31 of the last calendar year and that there are no bills or obligations
388
outstanding and unpaid except as set forth in that report.
389
Section 9.
Section
20A-11-506
is amended to read:
390
20A-11-506. Political party financial reporting requirements -- Year-end
391
summary report.
392
(1) [Each] The party committee of each registered political party shall file a summary
393
report by January 5 of [the year after the regular general election] each year.
394
(2) (a) Each summary report shall include the following information as of December 31
395
of the [regular general election] previous year:
396
(i) the net balance of the last summary report, if any;
397
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
398
if any, during the [election] previous year;
399
(iii) a single figure equal to the total amount of expenditures reported on all interim
400
reports, if any, filed during the [election] previous year;
401
(iv) a detailed listing of each contribution and public service assistance received since
402
the last summary report that has not been reported in detail on an interim report;
403
(v) for each nonmonetary contribution, the fair market value of the contribution;
404
(vi) a detailed listing of each expenditure made since the last summary report that has
405
not been reported in detail on an interim report;
406
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
407
(viii) a net balance for the year consisting of the net balance from the last summary
408
report, if any, plus all receipts minus all expenditures.
409
(b) (i) For all individual contributions or public service assistance of $50 or less, a
410
single aggregate figure may be reported without separate detailed listings.
411
(ii) Two or more contributions from the same source that have an aggregate total of
412
more than $50 may not be reported in the aggregate, but shall be reported separately.
413
(c) In preparing the report, all receipts and expenditures shall be reported as of
414
December 31 of the [last regular general election] previous year.
415
(3) The summary report shall contain a paragraph signed by the treasurer of the party
416
committee certifying that, to the best of the treasurer's knowledge, all receipts and all
417
expenditures have been reported as of December 31 of the [last regular general election]
418
previous year and that there are no bills or obligations outstanding and unpaid except as set
419
forth in that report.
420
Section 10.
Section
20A-11-507
is amended to read:
421
20A-11-507. Political party financial reporting requirements -- Interim reports.
422
(1) [Each] The party committee of each registered political party shall file an interim
423
report at the following times in any year in which there is a regular general election:
424
(a) [September 15] August 31; and
425
(b) seven days before the general election.
426
(2) Each interim report shall include the following information:
427
(a) the net balance of the last summary report, if any;
428
(b) a single figure equal to the total amount of receipts reported on all prior interim
429
reports, if any, during the calendar year in which the interim report is due;
430
(c) a single figure equal to the total amount of expenditures reported on all prior
431
interim reports, if any, filed during the calendar year in which the interim report is due;
432
(d) a detailed listing of each contribution and public service assistance received since
433
the last summary report that has not been reported in detail on a prior interim report;
434
(e) for each nonmonetary contribution, the fair market value of the contribution;
435
(f) a detailed listing of each expenditure made since the last summary report that has
436
not been reported in detail on a prior interim report;
437
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
438
(h) a net balance for the year consisting of the net balance from the last summary
439
report, if any, plus all receipts since the last summary report minus all expenditures since the
440
last summary report; and
441
(i) a summary page in the form required by the lieutenant governor that identifies:
442
(i) beginning balance;
443
(ii) total contributions during the period since the last statement;
444
(iii) total contributions to date;
445
(iv) total expenditures during the period since the last statement; and
446
(v) total expenditures to date.
447
(3) (a) For all individual contributions or public service assistance of $50 or less, a
448
single aggregate figure may be reported without separate detailed listings.
449
(b) Two or more contributions from the same source that have an aggregate total of
450
more than $50 may not be reported in the aggregate, but shall be reported separately.
451
(4) In preparing each interim report, all receipts and expenditures shall be reported as
452
of three days before the required filing date of the report.
453
Section 11.
Section
20A-11-508
is amended to read:
454
20A-11-508. Political party reporting requirements -- Criminal penalties.
455
(1) (a) Each registered political party that fails to file the interim reports due
456
[September 15] on August 31 or before the regular general election is guilty of a class B
457
misdemeanor.
458
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
459
attorney general.
460
(2) Within 30 days after a deadline for the filing of a summary report required by this
461
part, the lieutenant governor shall review each filed report to ensure that:
462
(a) each political party that is required to file a report has filed one; and
463
(b) each report contains the information required by this part.
464
(3) If it appears that any political party has failed to file a report required by law, if it
465
appears that a filed report does not conform to the law, or if the lieutenant governor has
466
received a written complaint alleging a violation of the law or the falsity of any report, the
467
lieutenant governor shall, within five days of discovery of a violation or receipt of a written
468
complaint, notify the political party of the violation or written complaint and direct the political
469
party to file a summary report correcting the problem.
470
(4) (a) It is unlawful for any political party to fail to file or amend a summary report
471
within 14 days after receiving notice from the lieutenant governor under this section.
472
(b) Each political party who violates Subsection (4)(a) is guilty of a class B
473
misdemeanor.
474
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
475
attorney general.
476
Section 12.
Section
20A-11-601
is amended to read:
477
20A-11-601. Political action committees -- Registration -- Criminal penalty for
478
providing false information or accepting unlawful contribution.
479
(1) (a) Each political action committee shall file a statement of organization with the
480
lieutenant governor's office by January 10 of each year, unless the political action committee
481
has filed a notice of dissolution under Subsection (4).
482
(b) If a political action committee is organized after the January 10 filing date, the
483
political action committee shall file an initial statement of organization no later than seven days
484
after:
485
(i) receiving contributions totaling at least $750; or
486
(ii) distributing expenditures for political purposes totaling at least [$750] $50.
487
(c) If January 10 falls on a weekend or holiday, the statement of organization shall be
488
filed by the following business day.
489
(2) Each political action committee shall designate two officers that have primary
490
decision-making authority for the political action committee.
491
(3) The statement of organization shall include:
492
(a) the name and address of the political action committee;
493
(b) the name, street address, phone number, occupation, and title of the two primary
494
officers designated under Subsection (2);
495
(c) the name, street address, occupation, and title of all other officers of the political
496
action committee;
497
(d) the name and street address of the organization, individual corporation, association,
498
unit of government, or union that the political action committee represents, if any;
499
(e) the name and street address of all affiliated or connected organizations and their
500
relationships to the political action committee;
501
(f) the name, street address, business address, occupation, and phone number of the
502
committee's treasurer or chief financial officer; and
503
(g) the name, street address, and occupation of each member of the governing and
504
advisory boards, if any.
505
(4) (a) Any registered political action committee that intends to permanently cease
506
operations shall file a notice of dissolution with the lieutenant governor's office.
507
(b) Any notice of dissolution filed by a political action committee does not exempt that
508
political action committee from complying with the financial reporting requirements of this
509
chapter.
510
(5) (a) Unless the political action committee has filed a notice of dissolution under
511
Subsection (4), a political action committee shall file, with the lieutenant governor's office,
512
notice of any change of an officer described in Subsection (2).
513
(b) Notice of a change of a primary officer described in Subsection (2) shall:
514
(i) be filed within ten days of the date of the change; and
515
(ii) contain the name and title of the officer being replaced, and the name, street
516
address, occupation, and title of the new officer.
517
(6) (a) A person is guilty of providing false information in relation to a political action
518
committee if the person intentionally or knowingly gives false or misleading material
519
information in the statement of organization or the notice of change of primary officer.
520
(b) Each primary officer designated in Subsection (2) is guilty of accepting an unlawful
521
contribution if the political action committee knowingly or recklessly accepts a contribution
522
from a corporation that:
523
(i) was organized less than 90 days before the date of the general election; and
524
(ii) at the time the political action committee accepts the contribution, has failed to file
525
a statement of organization with the lieutenant governor's office as required by Section
526
20A-11-704
.
527
(c) A violation of this Subsection (6) is a third degree felony.
528
Section 13.
Section
20A-11-602
is amended to read:
529
20A-11-602. Political action committees -- Financial reporting.
530
(1) (a) Each registered political action committee that has received contributions
531
totaling at least $750, or [made] disbursed expenditures [that total] totaling at least [$750] $50,
532
during a calendar year shall file a verified financial statement with the lieutenant governor's
533
office on:
534
(i) January 5, reporting contributions and expenditures as of December 31 of the
535
previous year;
536
(ii) [September 15] August 31; and
537
(iii) seven days before the regular general election.
538
(b) The registered political action committee shall report:
539
(i) a detailed listing of all contributions received and expenditures made since the last
540
statement; and
541
(ii) for financial statements filed on [September 15] August 31 and before the general
542
election, all contributions and expenditures as of three days before the required filing date of
543
the financial statement.
544
(c) The registered political action committee need not file a statement under this
545
section if it received no contributions and made no expenditures during the reporting period.
546
(2) (a) The verified financial statement shall include:
547
(i) the name, address, and occupation of any individual that makes a contribution to the
548
reporting political action committee, and the amount of the contribution;
549
(ii) the identification of any publicly identified class of individuals that makes a
550
contribution to the reporting political action committee, and the amount of the contribution;
551
(iii) the name and address of any political action committee, group, or entity that makes
552
a contribution to the reporting political action committee, and the amount of the contribution;
553
(iv) for each nonmonetary contribution, the fair market value of the contribution;
554
(v) the name and address of each reporting entity that received an expenditure from the
555
reporting political action committee, and the amount of each expenditure;
556
(vi) for each nonmonetary expenditure, the fair market value of the expenditure;
557
(vii) the total amount of contributions received and expenditures disbursed by the
558
reporting political action committee;
559
(viii) a paragraph signed by the political action committee's treasurer or chief financial
560
officer verifying that, to the best of the signer's knowledge, the financial report is accurate; and
561
(ix) a summary page in the form required by the lieutenant governor that identifies:
562
(A) beginning balance;
563
(B) total contributions during the period since the last statement;
564
(C) total contributions to date;
565
(D) total expenditures during the period since the last statement; and
566
(E) total expenditures to date.
567
(b) (i) Contributions received by a political action committee that have a value of $50
568
or less need not be reported individually, but shall be listed on the report as an aggregate total.
569
(ii) Two or more contributions from the same source that have an aggregate total of
570
more than $50 may not be reported in the aggregate, but shall be reported separately.
571
Section 14.
Section
20A-11-603
is amended to read:
572
20A-11-603. Criminal penalties.
573
(1) (a) Each political action committee that fails to file the statement due [September
574
15] on August 31 or before the regular general session is guilty of a class B misdemeanor.
575
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
576
attorney general.
577
(2) Within 30 days after a deadline for the filing of the January 5 statement required by
578
this part, the lieutenant governor shall review each filed statement to ensure that:
579
(a) each political action committee that is required to file a statement has filed one; and
580
(b) each statement contains the information required by this part.
581
(3) If it appears that any political action committee has failed to file the January 5
582
statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
583
governor has received a written complaint alleging a violation of the law or the falsity of any
584
statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
585
of a written complaint, notify the political action committee of the violation or written
586
complaint and direct the political action committee to file a statement correcting the problem.
587
(4) (a) It is unlawful for any political action committee to fail to file or amend a
588
statement within 14 days after receiving notice from the lieutenant governor under this section.
589
(b) Each political action committee who violates Subsection (4)(a) is guilty of a class B
590
misdemeanor.
591
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
592
attorney general.
593
Section 15.
Section
20A-11-701
is amended to read:
594
20A-11-701. Campaign financial reporting of candidate campaign contributions
595
by corporations -- Filing requirements -- Statement contents.
596
(1) (a) Each corporation that has made expenditures for political purposes that total at
597
least $750 during a calendar year shall file a verified financial statement with the lieutenant
598
governor's office on:
599
(i) January 5, reporting expenditures as of December 31 of the previous year;
600
(ii) [September 15] August 31; and
601
(iii) seven days before the regular general election.
602
(b) The corporation shall report:
603
(i) a detailed listing of all expenditures made since the last statement; and
604
(ii) for financial statements filed on [September 15] August 31 and before the general
605
election, all expenditures as of three days before the required filing date of the financial
606
statement.
607
(c) The corporation need not file a statement under this section if it made no
608
expenditures during the reporting period.
609
(2) That statement shall include:
610
(a) the name and address of each reporting entity that received an expenditure from the
611
corporation, and the amount of each expenditure;
612
(b) the total amount of expenditures disbursed by the corporation; and
613
(c) a paragraph signed by the corporation's or the political action committee's treasurer
614
or chief financial officer verifying the accuracy of the financial report.
615
Section 16.
Section
20A-11-702
is amended to read:
616
20A-11-702. Campaign financial reporting of political issues expenditures by
617
corporations -- Financial reporting.
618
(1) (a) Each corporation that has made political issues expenditures on current or
619
proposed ballot issues that total at least $750 during a calendar year shall file a verified
620
financial statement with the lieutenant governor's office on:
621
(i) January 5, reporting expenditures as of December 31 of the previous year;
622
[(ii) March 1;]
623
[(iii) June 1;]
624
[(iv) September 15; and]
625
(ii) August 31; and
626
[(v)] (iii) seven days before the regular general election.
627
(b) The corporation shall report:
628
(i) a detailed listing of all expenditures made since the last statement; and
629
(ii) for financial statements filed on [September 15] August 31 and before the primary
630
and general elections, expenditures as of three days before the required filing date of the
631
financial statement.
632
(c) The corporation need not file a statement under this section if it made no
633
expenditures during the reporting period.
634
(2) That statement shall include:
635
(a) the name and address of each individual, entity, or group of individuals or entities
636
that received a political issues expenditure of more than $50 from the corporation, and the
637
amount of each political issues expenditure;
638
(b) the total amount of political issues expenditures disbursed by the corporation; and
639
(c) a paragraph signed by the corporation's treasurer or chief financial officer verifying
640
the accuracy of the verified financial statement.
641
Section 17.
Section
20A-11-802
is amended to read:
642
20A-11-802. Political issues committees -- Financial reporting.
643
(1) (a) Each registered political issues committee that has received political issues
644
contributions totaling at least $750, or disbursed political issues expenditures totaling at least
645
$50, during a calendar year on current or proposed statewide ballot propositions, to influence
646
an incorporation petition or an incorporation election, or on initiative petitions to be submitted
647
to the Legislature, shall file a verified financial statement with the lieutenant governor's office:
648
(i) on January 5, reporting contributions and expenditures as of December 31 of the
649
previous year;
650
(ii) seven days before the date of an incorporation election, if the political issues
651
committee has received donations or made disbursements to affect an incorporation;
652
[(iii) March 1;]
653
[(iv) June 1;]
654
[(v)] (iii) at least three days before the first public hearing held as required by Section
655
20A-7-204.1
;
656
[(vi)] (iv) if the political issues committee has received or expended funds in relation to
657
an initiative or referendum, at the time the initiative or referendum sponsors submit:
658
(A) the verified and certified initiative packets [to the county clerk] as required by
659
Section
20A-7-206
; or
660
(B) the signed and verified referendum packets as required by Section
20A-7-306
;
661
[(vii)] (v) on [September 15] August 31; and
662
[(viii)] (vi) seven days before the regular general election.
663
(b) The political issues committee shall report:
664
(i) a detailed listing of all contributions received and expenditures made since the last
665
statement; and
666
(ii) for financial statements filed on [September 15] August 31 and before the general
667
election, all contributions and expenditures as of three days before the required filing date of
668
the financial statement.
669
(c) The political issues committee need not file a statement under this section if it
670
received no contributions and made no expenditures during the reporting period.
671
(2) (a) That statement shall include:
672
(i) the name, address, and occupation of any individual that makes a political issues
673
contribution to the reporting political issues committee, and the amount of the political issues
674
contribution;
675
(ii) the identification of any publicly identified class of individuals that makes a
676
political issues contribution to the reporting political issues committee, and the amount of the
677
political issues contribution;
678
(iii) the name and address of any political issues committee, group, or entity that makes
679
a political issues contribution to the reporting political issues committee, and the amount of the
680
political issues contribution;
681
(iv) the name and address of each reporting entity that makes a political issues
682
contribution to the reporting political issues committee, and the amount of the political issues
683
contribution;
684
(v) for each nonmonetary contribution, the fair market value of the contribution;
685
(vi) except as provided in Subsection (2)(c), the name and address of each individual,
686
entity, or group of individuals or entities that received a political issues expenditure of more
687
than $50 from the reporting political issues committee, and the amount of each political issues
688
expenditure;
689
(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
690
(viii) the total amount of political issues contributions received and political issues
691
expenditures disbursed by the reporting political issues committee;
692
(ix) a paragraph signed by the political issues committee's treasurer or chief financial
693
officer verifying that, to the best of the signer's knowledge, the financial statement is accurate;
694
and
695
(x) a summary page in the form required by the lieutenant governor that identifies:
696
(A) beginning balance;
697
(B) total contributions during the period since the last statement;
698
(C) total contributions to date;
699
(D) total expenditures during the period since the last statement; and
700
(E) total expenditures to date.
701
(b) (i) Political issues contributions received by a political issues committee that have a
702
value of $50 or less need not be reported individually, but shall be listed on the report as an
703
aggregate total.
704
(ii) Two or more political issues contributions from the same source that have an
705
aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
706
separately.
707
(c) When reporting political issue expenditures made to circulators of initiative
708
petitions, the political issues committee:
709
(i) need only report the amount paid to each initiative petition circulator; and
710
(ii) need not report the name or address of the circulator.
711
Section 18.
Section
20A-11-803
is amended to read:
712
20A-11-803. Criminal penalties.
713
(1) (a) Each political issues committee that fails to file the statement due [September
714
15] August 31 or before the regular general [session] election is guilty of a class B
715
misdemeanor.
716
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
717
attorney general.
718
(2) Within 30 days after a deadline for the filing of the January 5 statement, the
719
lieutenant governor shall review each filed statement to ensure that:
720
(a) each political issues committee that is required to file a statement has filed one; and
721
(b) each statement contains the information required by this part.
722
(3) If it appears that any political issues committee has failed to file the January 5
723
statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
724
governor has received a written complaint alleging a violation of the law or the falsity of any
725
statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
726
of a written complaint, notify the political issues committee of the violation or written
727
complaint and direct the political issues committee to file a statement correcting the problem.
728
(4) (a) It is unlawful for any political issues committee to fail to file or amend a
729
statement within 14 days after receiving notice from the lieutenant governor under this section.
730
(b) Each political issues committee who violates Subsection (4)(a) is guilty of a class B
731
misdemeanor.
732
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
733
attorney general.
734
Section 19.
Section
20A-11-1302
is amended to read:
735
20A-11-1302. School board office candidate -- Financial reporting requirements
736
-- Year-end summary report.
737
(1) (a) Each school board office candidate shall file a summary report by January 5 of
738
the year after the regular general election year.
739
(b) Beginning with the 2008 regular general election and in addition to the
740
requirements of Subsection (1)(a), a former school board office candidate that has not filed the
741
statement of dissolution and final summary report required under Section
20A-11-1304
shall
742
continue to file a summary report on January 5 of each year.
743
(2) (a) Each summary report shall include the following information as of December 31
744
of the [last regular general election] previous year:
745
(i) the net balance of the last summary report, if any;
746
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
747
if any, during the [calendar year in which the summary report is due] previous year;
748
(iii) a single figure equal to the total amount of expenditures reported on all interim
749
reports, if any, filed during the [election] previous year;
750
(iv) a detailed listing of each receipt, contribution, and public service assistance since
751
the last summary report that has not been reported in detail on an interim report;
752
(v) for each nonmonetary contribution, the fair market value of the contribution;
753
(vi) a detailed listing of each expenditure made since the last summary report that has
754
not been reported in detail on an interim report;
755
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
756
(viii) a net balance for the year consisting of the net balance from the last summary
757
report, if any, plus all receipts minus all expenditures.
758
(b) (i) For all individual contributions or public service assistance of $50 or less, a
759
single aggregate figure may be reported without separate detailed listings.
760
(ii) Two or more contributions from the same source that have an aggregate total of
761
more than $50 may not be reported in the aggregate, but shall be reported separately.
762
(c) In preparing the report, all receipts and expenditures shall be reported as of
763
December 31 of the [last regular general election] previous year.
764
(3) The summary report shall contain a paragraph signed by the school board office
765
candidate certifying that, to the best of the school board office candidate's knowledge, all
766
receipts and all expenditures have been reported as of December 31 of the [last regular general
767
election] previous year and that there are no bills or obligations outstanding and unpaid except
768
as set forth in that report.
769
[(4) School board office candidates reporting under this section need only report
770
receipts received and expenditures made after May 5, 1997.]
771
Section 20.
Section
20A-11-1303
is amended to read:
772
20A-11-1303. School board office candidate -- Financial reporting requirements
773
-- Interim reports.
774
(1) Each school board office candidate shall file an interim report at the following
775
times in any year in which the candidate has filed a declaration of candidacy for a public office:
776
(a) May 15, for state school board office candidates;
777
[(a)] (b) seven days before the regular primary election date[, if the candidate is on the
778
ballot in the primary election];
779
[(b) September 15, unless the candidate is unopposed; and]
780
(c) August 31; and
781
[(c)] (d) seven days before the regular general election date.
782
(2) Each interim report shall include the following information:
783
(a) the net balance of the last summary report, if any;
784
(b) a single figure equal to the total amount of receipts reported on all prior interim
785
reports, if any, during the calendar year in which the interim report is due;
786
(c) a single figure equal to the total amount of expenditures reported on all prior
787
interim reports, if any, filed during the calendar year in which the interim report is due;
788
(d) a detailed listing of each contribution and public service assistance received since
789
the last summary report that has not been reported in detail on a prior interim report;
790
(e) for each nonmonetary contribution, the fair market value of the contribution;
791
(f) a detailed listing of each expenditure made since the last summary report that has
792
not been reported in detail on a prior interim report;
793
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
794
(h) a net balance for the year consisting of the net balance from the last summary
795
report, if any, plus all receipts since the last summary report minus all expenditures since the
796
last summary report; and
797
(i) a summary page in the form required by the lieutenant governor that identifies:
798
(i) beginning balance;
799
(ii) total contributions during the period since the last statement;
800
(iii) total contributions to date;
801
(iv) total expenditures during the period since the last statement; and
802
(v) total expenditures to date.
803
(3) (a) For all individual contributions or public service assistance of $50 or less, a
804
single aggregate figure may be reported without separate detailed listings.
805
(b) Two or more contributions from the same source that have an aggregate total of
806
more than $50 may not be reported in the aggregate, but shall be reported separately.
807
(4) In preparing each interim report, all receipts and expenditures shall be reported as
808
of three days before the required filing date of the report.
809
[(5) School board office candidates reporting under this section need only report
810
contributions received and expenditures made after May 5, 1997.]
811
Section 21.
Section
20A-11-1305
is amended to read:
812
20A-11-1305. School board office candidate -- Failure to file statement -- Name
813
not printed on ballot -- Filling vacancy.
814
(1) (a) If a school board office candidate fails to file an interim report due before the
815
regular primary election, [September 15] on August 31, and before the regular general election,
816
the chief election officer shall, after making a reasonable attempt to discover if the report was
817
timely mailed, inform the county clerk and other appropriate election officials who:
818
(i) shall, if practicable, remove the name of the candidate by blacking out the
819
candidate's name before the ballots are delivered to voters; or
820
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform
821
the voters by any practicable method that the candidate has been disqualified and that votes
822
cast for candidate will not be counted; and
823
(iii) may not count any votes for that candidate.
824
(b) Any school board office candidate who fails to file timely a financial statement
825
required by this part is disqualified and the vacancy on the ballot may be filled as provided in
826
Section
20A-1-501
.
827
(c) Notwithstanding [Subsection] Subsections (1)(a) and (1)(b), a school board office
828
candidate is not disqualified if:
829
(i) the candidate files the reports required by this section;
830
(ii) those reports are completed, detailing accurately and completely the information
831
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
832
and
833
(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
834
the next scheduled report.
835
(2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
836
for state school board, the lieutenant governor shall review each filed summary report to ensure
837
that:
838
(i) each state school board candidate that is required to file a summary report has filed
839
one; and
840
(ii) each summary report contains the information required by this part.
841
(b) If it appears that any state school board candidate has failed to file the summary
842
report required by law, if it appears that a filed summary report does not conform to the law, or
843
if the lieutenant governor has received a written complaint alleging a violation of the law or the
844
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
845
violation or receipt of a written complaint, notify the state school board candidate of the
846
violation or written complaint and direct the state school board candidate to file a summary
847
report correcting the problem.
848
(c) (i) It is unlawful for any state school board candidate to fail to file or amend a
849
summary report within 14 days after receiving notice from the lieutenant governor under this
850
section.
851
(ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
852
class B misdemeanor.
853
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
854
attorney general.
855
(3) (a) Within 30 days after a deadline for the filing of a summary report, the county
856
clerk shall review each filed summary report to ensure that:
857
(i) each local school board candidate that is required to file a summary report has filed
858
one; and
859
(ii) each summary report contains the information required by this part.
860
(b) If it appears that any local school board candidate has failed to file the summary
861
report required by law, if it appears that a filed summary report does not conform to the law, or
862
if the county clerk has received a written complaint alleging a violation of the law or the falsity
863
of any summary report, the county clerk shall, within five days of discovery of a violation or
864
receipt of a written complaint, notify the local school board candidate of the violation or
865
written complaint and direct the local school board candidate to file a summary report
866
correcting the problem.
867
(c) (i) It is unlawful for any local school board candidate to fail to file or amend a
868
summary report within 14 days after receiving notice from the county clerk under this section.
869
(ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
870
class B misdemeanor.
871
(iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
872
county attorney.
873
Section 22. Effective date.
874
If approved by two-thirds of all the members elected to each house, this bill takes effect
875
upon approval by the governor, or the day following the constitutional time limit of Utah
876
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
877
the date of veto override.
878
Section 23. Coordinating S.B. 21 with S.B. 12 -- Merging substantive amendments.
879
If this S.B. 21 and S.B. 12, Election Law Modifications, both pass, it is the intent of the
880
Legislature that the amendments to Section
20A-11-1032
in this bill supersede the amendments
881
to Section
20A-11-1032
in S.B. 12 when the Office of Legislative Research and General
882
Counsel prepares the Utah Code database for publication.
Legislative Review Note
as of 11-14-07 12:45 PM