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S.B. 21

             1     

CAMPAIGN FINANCE DISCLOSURE

             2     
REVISIONS

             3     
2008 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Peter C. Knudson

             6     
House Sponsor: ____________

             7     
             8      LONG TITLE
             9      Committee Note:
             10          The Government Operations Interim Committee recommended this bill.
             11      General Description:
             12          This bill modifies provisions related to campaign finance disclosure.
             13      Highlighted Provisions:
             14          This bill:
             15          .    requires that election-related financial reports that were previously due on
             16      September 15, are due by August 31;
             17          .    requires that reports due on August 31 be filed by every candidate, rather than only
             18      by those that are opposed;
             19          .    removes outdated filing guidelines;
             20          .    requires that election-related financial reports that were previously due seven days
             21      before a political convention, are due by May 15;
             22          .    requires that reports due before a political convention or primary election be filed by
             23      all candidates, rather than only by those candidates that are opposed in the political
             24      convention or primary election;
             25          .    requires that beginning with the 2008 regular general election, a former candidate
             26      for state office, legislative office, or school board office must file an annual
             27      summary report by January 5 of each year if the former candidate has not filed a


             28      statement of dissolution of the former candidate's campaign account;
             29          .    requires that political action committees be required to file a statement of
             30      organization after receiving $50 or more in donations, rather than $750, in order to
             31      be consistent with the threshold for political issues committees;
             32          .    removes requirements for corporations to file reports on March 1 and June 1 in
             33      relation to donations to political issues committees;
             34          .    removes requirements for political issues committees to file reports on March 1 and
             35      June 1;
             36          .    adds a requirement for political issues committees to file a financial report at the
             37      time a verified referendum packet is submitted;
             38          .    requires a state school board office candidate to file a May 15 financial report; and
             39          .    makes technical changes.
             40      Monies Appropriated in this Bill:
             41          None
             42      Other Special Clauses:
             43          This bill provides an immediate effective date.
             44          This bill coordinates with S.B. 12, Election Law Modifications by providing
             45      substantive amendments.
             46      Utah Code Sections Affected:
             47      AMENDS:
             48          20A-11-103, as last amended by Laws of Utah 2001, Chapter 166
             49          20A-11-203, as last amended by Laws of Utah 1997, Chapter 355
             50          20A-11-204, as last amended by Laws of Utah 1999, Chapter 93
             51          20A-11-206, as last amended by Laws of Utah 1999, Chapter 93
             52          20A-11-302, as last amended by Laws of Utah 1997, Chapter 355
             53          20A-11-303, as last amended by Laws of Utah 1999, Chapter 93
             54          20A-11-305, as last amended by Laws of Utah 1999, Chapter 93
             55          20A-11-401, as last amended by Laws of Utah 2007, Chapter 233
             56          20A-11-506, as last amended by Laws of Utah 1997, Chapter 355
             57          20A-11-507, as last amended by Laws of Utah 1997, Chapter 355
             58          20A-11-508, as last amended by Laws of Utah 2006, Chapter 16


             59          20A-11-601, as last amended by Laws of Utah 2006, Chapter 226
             60          20A-11-602, as last amended by Laws of Utah 1999, Chapters 45 and 86
             61          20A-11-603, as enacted by Laws of Utah 1997, Chapter 355
             62          20A-11-701, as last amended by Laws of Utah 1998, Chapter 40
             63          20A-11-702, as last amended by Laws of Utah 2003, Chapters 160 and 304
             64          20A-11-802, as last amended by Laws of Utah 2003, Chapters 160 and 304
             65          20A-11-803, as enacted by Laws of Utah 1997, Chapter 355
             66          20A-11-1302, as enacted by Laws of Utah 1997, Chapter 355
             67          20A-11-1303, as enacted by Laws of Utah 1997, Chapter 355
             68          20A-11-1305, as last amended by Laws of Utah 2003, Chapter 215
             69     
             70      Be it enacted by the Legislature of the state of Utah:
             71          Section 1. Section 20A-11-103 is amended to read:
             72           20A-11-103. Reports -- Form of submission.
             73          (1) (a) (i) Ten days before a report from a state office candidate, legislative office
             74      candidate, state school board candidate, political party, political action committee, political
             75      issues committee, or judge is due under this chapter, the lieutenant governor shall inform those
             76      candidates, judges, and entities by postal mail or, if requested by the candidate, judge, party, or
             77      committee, by electronic mail:
             78          (A) that the report is due; and
             79          (B) the date that the report is due.
             80          (ii) In addition to the information required by Subsection (1)(a)(i) and in the same
             81      mailing, ten days before the interim reports for candidates or judges are due, the lieutenant
             82      governor shall inform the candidate or judge that if the report is not received in the lieutenant
             83      governor's office by 5 p.m. on the date that it is due, voters will be informed that the candidate
             84      or judge has been disqualified and any votes cast for the candidate or judge will not be counted.
             85          (iii) In addition to the information required by Subsection (1)(a)(i) and in the same
             86      mailing, ten days before the interim reports or verified financial statements for entities that are
             87      due [September 15] August 31 and before the regular general election are due, and ten days
             88      before summary reports or January 5 financial statements are due, the lieutenant governor shall
             89      inform the entity, candidate, judge, or officeholder that if the report is not received in the


             90      lieutenant governor's office by the date that it is due, the entity, candidate, judge, or
             91      officeholder may be guilty of a class B misdemeanor for failing to file the report or statement.
             92          (b) Ten days before a report from a local school board candidate is due under this
             93      chapter, the county clerk shall inform the candidate by postal mail or, if requested, by
             94      electronic mail:
             95          (i) that the report is due;
             96          (ii) the date that the report is due; and
             97          (iii) if the report is not received in the county clerk's office by 5 p.m. on the date that it
             98      is due, voters will be informed that the candidate has been disqualified and any votes cast for
             99      the candidate will not be counted.
             100          (2) Persons or entities submitting reports required by this chapter may submit them:
             101          (a) on paper, printed, typed, or legibly handwritten or hand printed;
             102          (b) on a computer disk according to specifications established by the chief election
             103      officer that protect against fraudulent filings and secure the accuracy of the information
             104      contained on the computer disk;
             105          (c) via fax; or
             106          (d) via electronic mail according to specifications established by the chief election
             107      officer.
             108          (3) A report is considered filed if:
             109          (a) it is received in the chief election officer's office no later than [5:00] 5 p.m. on the
             110      date that it is due;
             111          (b) it is received in the chief election officer's office with a postmark three days or
             112      more before the date that the report was due; or
             113          (c) the candidate, judge, or entity has proof that the report was mailed, with appropriate
             114      postage and addressing, three days before the report was due.
             115          Section 2. Section 20A-11-203 is amended to read:
             116           20A-11-203. State office candidate -- Financial reporting requirements --
             117      Year-end summary report.
             118          (1) (a) Each state office candidate shall file a summary report by January 5 of the year
             119      after the regular general election year.
             120          (b) Beginning with the 2008 regular general election and in addition to the


             121      requirements of Subsection (1)(a), a former state office candidate that has not filed the
             122      statement of dissolution and final summary report required under Section 20A-11-205 shall
             123      continue to file a summary report on January 5 of each year.
             124          (2) (a) Each summary report shall include the following information as of December 31
             125      of the [last regular general election] previous year:
             126          (i) the net balance of the last summary report, if any;
             127          (ii) a single figure equal to the total amount of receipts reported on all interim reports,
             128      if any;
             129          (iii) a single figure equal to the total amount of expenditures reported on all interim
             130      reports, if any, filed during the [election] previous year;
             131          (iv) a detailed listing of each contribution and public service assistance received since
             132      the last summary report that has not been reported in detail on an interim report;
             133          (v) for each nonmonetary contribution, the fair market value of the contribution;
             134          (vi) a detailed listing of each expenditure made since the last summary report that has
             135      not been reported in detail on an interim report;
             136          (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
             137          (viii) a net balance for the year consisting of the net balance from the last summary
             138      report, if any, plus all receipts minus all expenditures.
             139          (b) (i) For all single contributions or public service assistance of $50 or less, a single
             140      aggregate figure may be reported without separate detailed listings.
             141          (ii) Two or more contributions from the same source that have an aggregate total of
             142      more than $50 may not be reported in the aggregate, but shall be reported separately.
             143          (c) In preparing the report, all receipts and expenditures shall be reported as of
             144      December 31 of the [last regular general election] previous year.
             145          (3) The summary report shall contain a paragraph signed by an authorized member of
             146      the state office candidate's personal campaign committee or by the state office candidate
             147      certifying that, to the best of the signer's knowledge, all receipts and all expenditures have been
             148      reported as of December 31 of the [last regular general election] previous year and that there
             149      are no bills or obligations outstanding and unpaid except as set forth in that report.
             150          [(4) State office candidates reporting under this section need only report receipts
             151      received and expenditures made after April 29, 1991.]


             152          Section 3. Section 20A-11-204 is amended to read:
             153           20A-11-204. State office candidate -- Financial reporting requirements -- Interim
             154      reports.
             155          (1) Each state office candidate shall file an interim report at the following times in any
             156      year in which the candidate has filed a declaration of candidacy for a public office:
             157          (a) [seven days before any political convention if more than one individual in the
             158      candidate's same party has filed a declaration of candidacy for the particular public office that
             159      the candidate seeks] May 15;
             160          (b) seven days before the regular primary election date;
             161          (c) [September 15] August 31; and
             162          (d) seven days before the regular general election date.
             163          (2) Each interim report shall include the following information:
             164          (a) the net balance of the last summary report, if any;
             165          (b) a single figure equal to the total amount of receipts reported on all prior interim
             166      reports, if any, during the calendar year in which the interim report is due;
             167          (c) a single figure equal to the total amount of expenditures reported on all prior
             168      interim reports, if any, filed during the calendar year in which the interim report is due;
             169          (d) a detailed listing of each contribution and public service assistance received since
             170      the last summary report that has not been reported in detail on a prior interim report;
             171          (e) for each nonmonetary contribution, the fair market value of the contribution;
             172          (f) a detailed listing of each expenditure made since the last summary report that has
             173      not been reported in detail on a prior interim report;
             174          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
             175          (h) a net balance for the year consisting of the net balance from the last summary
             176      report, if any, plus all receipts since the last summary report minus all expenditures since the
             177      last summary report; and
             178          (i) a summary page in the form required by the lieutenant governor that identifies:
             179          (i) beginning balance;
             180          (ii) total contributions during the period since the last statement;
             181          (iii) total contributions to date;
             182          (iv) total expenditures during the period since the last statement; and


             183          (v) total expenditures to date.
             184          (3) (a) For all individual contributions or public service assistance of $50 or less, a
             185      single aggregate figure may be reported without separate detailed listings.
             186          (b) Two or more contributions from the same source that have an aggregate total of
             187      more than $50 may not be reported in the aggregate, but shall be reported separately.
             188          (4) In preparing each interim report, all receipts and expenditures shall be reported as
             189      of five days before the required filing date of the report.
             190          [(5) State office candidates reporting under this section need only report contributions
             191      received and expenditures made after April 29, 1991.]
             192          Section 4. Section 20A-11-206 is amended to read:
             193           20A-11-206. State office candidate -- Failure to file reports -- Penalties.
             194          (1) (a) If a state office candidate fails to file an interim report due before the regular
             195      primary election, [September 15] on August 31, or before the regular general election, the
             196      lieutenant governor shall, after making a reasonable attempt to discover if the report was timely
             197      mailed, inform the county clerk and other appropriate election officials who:
             198          (i) shall, if practicable, remove the name of the candidate by blacking out the
             199      candidate's name before the ballots are delivered to voters; or
             200          (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
             201      the voters by any practicable method that the candidate has been disqualified and that votes
             202      cast for the candidate will not be counted; and
             203          (iii) may not count any votes for that candidate.
             204          (b) Any state office candidate who fails to file timely a financial statement required by
             205      this part is disqualified and the vacancy on the ballot may be filled as provided in Section
             206      20A-1-501 .
             207          (c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
             208      disqualified if:
             209          (i) the candidate files the reports required by this section;
             210          (ii) those reports are completed, detailing accurately and completely the information
             211      required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
             212      and
             213          (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in


             214      the next scheduled report.
             215          (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
             216      governor shall review each filed summary report to ensure that:
             217          (i) each state office candidate that is required to file a summary report has filed one;
             218      and
             219          (ii) each summary report contains the information required by this part.
             220          (b) If it appears that any state office candidate has failed to file the summary report
             221      required by law, if it appears that a filed summary report does not conform to the law, or if the
             222      lieutenant governor has received a written complaint alleging a violation of the law or the
             223      falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
             224      violation or receipt of a written complaint, notify the state office candidate of the violation or
             225      written complaint and direct the state office candidate to file a summary report correcting the
             226      problem.
             227          (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
             228      report within 14 days after receiving notice from the lieutenant governor under this section.
             229          (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
             230      misdemeanor.
             231          (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
             232      attorney general.
             233          Section 5. Section 20A-11-302 is amended to read:
             234           20A-11-302. Legislative office candidate -- Financial reporting requirements --
             235      Year-end summary report.
             236          (1) (a) Each legislative office candidate shall file a summary report by January 5 of the
             237      year after the regular general election year.
             238          (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
             240      statement of dissolution and final summary report required under Section 20A-11-304 shall
             241      continue to file a summary report on January 5 of each year.
             242          (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;
             247          (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;
             249          (iv) a detailed listing of each receipt, contribution, and public service assistance since
             250      the last summary report that has not been reported in detail on an interim report;
             251          (v) for each nonmonetary contribution, the fair market value of the contribution;
             252          (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;
             254          (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
             255          (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.
             257          (b) (i) For all individual contributions or public service assistance of $50 or less, a
             258      single aggregate figure may be reported without separate detailed listings.
             259          (ii) Two or more contributions from the same source that have an aggregate total of
             260      more than $50 may not be reported in the aggregate, but shall be reported separately.
             261          (c) In preparing the report, all receipts and expenditures shall be reported as of
             262      December 31 of the [last regular general election] previous year.
             263          (3) The summary report shall contain a paragraph signed by the legislative office
             264      candidate certifying that to the best of the candidate's knowledge, all receipts and all
             265      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
             267      forth in that report.
             268          [(4) Legislative office candidates reporting under this section need only report receipts
             269      received and expenditures made after April 29, 1991.]
             270          Section 6. Section 20A-11-303 is amended to read:
             271           20A-11-303. Legislative office candidate -- Financial reporting requirements --
             272      Interim reports.
             273          (1) Each legislative office candidate shall file an interim report at the following times
             274      in any year in which the candidate has filed a declaration of candidacy for a public office:
             275          (a) [seven days before any political convention if more than one individual in the


             276      candidate's same party has filed a declaration of candidacy for the particular public office that
             277      the candidate seeks] May 15;
             278          (b) seven days before the regular primary election date[, if the candidate is on the ballot
             279      in the primary election];
             280          (c) [September 15, unless the candidate is unopposed] August 31; and
             281          (d) seven days before the regular general election date.
             282          (2) Each interim report shall include the following information:
             283          (a) the net balance of the last summary report, if any;
             284          (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;
             286          (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
             289      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;
             293          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
             294          (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
             297          (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;
             300          (iii) total contributions to date;
             301          (iv) total expenditures during the period since the last statement; and
             302          (v) total expenditures to date.
             303          (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
             313      printed on ballot -- Filling vacancy.
             314          (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
             326      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


Office of Legislative Research and General Counsel


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