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H.B. 329
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CAMPAIGN FINANCE AMENDMENTS
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2010 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Ben C. Ferry
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Senate Sponsor:
____________
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LONG TITLE
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General Description:
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This bill amends provisions in Title 20A, Chapter 11, Campaign and Financial
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Reporting Requirements and Title 20A, Chapter 12, Selection and Election of Judges.
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Highlighted Provisions:
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This bill:
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. enacts, amends, and repeals definitions;
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. requires a filing entity to electronically file a financial statement;
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. requires the lieutenant governor to post a financial statement online in a searchable
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format within a certain amount of time;
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. requires contributions over $1,000 to be reported within a certain amount of time
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before an election;
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. requires checks to be negotiated and reported when filing a financial statement;
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. imposes a fine for failure to file a timely financial statement;
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. repeals provisions relating to the removal of candidates for failure to file a timely
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financial statement;
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. repeals a provision requiring a political action committee or political issues
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committee to disclose the occupation of a person who makes a contribution;
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. establishes additional filing deadlines for some filing entities;
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. prohibits earmarking contributions made to a political party or a political action
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committee;
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. establishes contribution limits;
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. prohibits cash contributions in excess of $50;
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. requires a person sponsoring certain electioneering communications to file a report;
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. prohibits making a campaign contribution in another's name;
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. directs the chief election officer to index the contribution limits for inflation;
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. establishes reporting requirements for labor organizations; 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 takes effect on January 1, 2011.
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Utah Code Sections Affected:
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AMENDS:
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20A-11-101, as last amended by Laws of Utah 2009, Chapters 60 and 361
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20A-11-103, as last amended by Laws of Utah 2008, Chapters 14 and 49
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20A-11-201, as last amended by Laws of Utah 2009, Chapters 227 and 361
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20A-11-203, as last amended by Laws of Utah 2009, Chapter 361
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20A-11-204, as last amended by Laws of Utah 2009, Chapter 361
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20A-11-206, as last amended by Laws of Utah 2009, Chapter 202
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20A-11-301, as last amended by Laws of Utah 2009, Chapters 227 and 361
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20A-11-302, as last amended by Laws of Utah 2009, Chapter 361
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20A-11-303, as last amended by Laws of Utah 2009, Chapter 361
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20A-11-305, as last amended by Laws of Utah 2009, Chapter 202
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20A-11-403, as repealed and reenacted by Laws of Utah 1997, Chapter 355
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20A-11-507, as last amended by Laws of Utah 2008, Chapter 14
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20A-11-508, as last amended by Laws of Utah 2008, Chapter 14
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20A-11-602, as last amended by Laws of Utah 2008, Chapters 14 and 49
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20A-11-603, as last amended by Laws of Utah 2008, Chapter 14
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20A-11-701, as last amended by Laws of Utah 2008, Chapter 14
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20A-11-702, as last amended by Laws of Utah 2008, Chapter 14
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20A-11-703, as enacted by Laws of Utah 1997, Chapter 355
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20A-11-802, as last amended by Laws of Utah 2008, Chapters 14 and 49
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20A-11-901, as enacted by Laws of Utah 1995, Chapter 1
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20A-11-1001, as last amended by Laws of Utah 1997, Chapter 355
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20A-11-1002, as last amended by Laws of Utah 2002, Chapter 317
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20A-11-1301, as last amended by Laws of Utah 2009, Chapters 227 and 361
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20A-11-1302, as last amended by Laws of Utah 2009, Chapter 361
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20A-11-1303, as last amended by Laws of Utah 2009, Chapter 361
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20A-11-1305, as last amended by Laws of Utah 2008, Chapter 14
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20A-11-1402, as last amended by Laws of Utah 2004, Chapter 220
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20A-12-303, as enacted by Laws of Utah 2001, Chapter 166
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20A-12-304, as last amended by Laws of Utah 2008, Chapter 14
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20A-12-305, as enacted by Laws of Utah 2001, Chapter 166
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20A-12-306, as enacted by Laws of Utah 2001, Chapter 166
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ENACTS:
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20A-11-509, Utah Code Annotated 1953
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20A-11-510, Utah Code Annotated 1953
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20A-11-604, Utah Code Annotated 1953
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20A-11-605, Utah Code Annotated 1953
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20A-11-705, Utah Code Annotated 1953
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20A-11-904, Utah Code Annotated 1953
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20A-11-1005, Utah Code Annotated 1953
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20A-11-1006, Utah Code Annotated 1953
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20A-11-1501, Utah Code Annotated 1953
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20A-11-1601, Utah Code Annotated 1953
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20A-11-1602, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-11-101
is amended to read:
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20A-11-101. Definitions.
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As used in this chapter:
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(1) "Address" means the number and street where an individual resides or where a
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reporting entity has its principal office.
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(2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
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amendments, and any other ballot propositions submitted to the voters that are authorized by
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the Utah Code Annotated 1953.
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(3) "Candidate" means any person who:
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(a) files a declaration of candidacy for a public office; or
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(b) receives contributions, makes expenditures, or gives consent for any other person to
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receive contributions or make expenditures to bring about the person's nomination or election
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to a public office.
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(4) "Cash" means currency or coinage that constitutes legal tender.
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[(4)] (5) "Chief election officer" means:
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(a) the lieutenant governor for state office candidates, legislative office candidates,
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officeholders, political parties, political action committees, corporations, political issues
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committees, [and] state school board candidates, judges, and labor organizations; and
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(b) the county clerk for local school board candidates.
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[(5) "Continuing political party" means an organization of voters that participated in
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the last regular general election and polled a total vote equal to 2% or more of the total votes
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cast for all candidates for the United States House of Representatives.]
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(6) (a) "Contribution" means any of the following when done for political purposes:
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(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
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value given to the filing entity;
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(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
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subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
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anything of value to the filing entity;
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(iii) any transfer of funds from another reporting entity [or a corporation] to the filing
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entity;
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(iv) compensation paid by any person or reporting entity other than the filing entity for
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personal services provided without charge to the filing entity;
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(v) remuneration from:
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(A) any organization or its directly affiliated organization that has a registered lobbyist
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[to compensate a legislator for a loss of salary or income while the Legislature is in session]; or
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[(vi) salaries or other remuneration paid to a legislator by]
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(B) any agency or subdivision of the state, including school districts[, for the period
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the Legislature is in session]; and
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[(vii)] (vi) goods or services provided to or for the benefit of the filing entity at less
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than fair market value.
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(b) "Contribution" does not include:
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(i) services provided without compensation by individuals volunteering a portion or all
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of their time on behalf of the filing entity;
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(ii) money lent to the filing entity by a financial institution in the ordinary course of
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business; or
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(iii) goods or services provided for the benefit of a candidate or political party at less
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than fair market value that are not authorized by or coordinated with the candidate or political
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party.
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(7) "Contribution cycle" means a two-year period of time:
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(a) beginning January 1 of an odd-numbered year; and
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(b) ending December 31 of an even-numbered year immediately following an
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odd-numbered year described in Subsection (7)(a).
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[(7)] (8) "Coordinated with" means that goods or services provided for the benefit of a
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candidate or political party are provided:
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(a) with the candidate's or political party's prior knowledge, if the candidate or political
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party does not object;
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(b) by agreement with the candidate or political party;
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(c) in coordination with the candidate or political party; or
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(d) using official logos, slogans, and similar elements belonging to a candidate or
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political party.
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[(8)] (9) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
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organization that is registered as a corporation or is authorized to do business in a state and
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makes any expenditure from corporate funds for:
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(i) the purpose of expressly advocating for political purposes; or
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(ii) the purpose of expressly advocating the approval or the defeat of any ballot
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proposition.
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(b) "Corporation" does not mean:
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(i) a business organization's political action committee or political issues committee; or
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(ii) a business entity organized as a partnership or a sole proprietorship.
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[(9)] (10) "Detailed listing" means:
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(a) for each contribution or public service assistance:
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(i) the name and address of the individual or source making the contribution or public
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service assistance;
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(ii) the amount or value of the contribution or public service assistance; and
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(iii) the date the contribution or public service assistance was made; [and]
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(b) for each expenditure:
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(i) the amount of the expenditure;
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(ii) the person or entity to whom [it] the expenditure was disbursed;
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(iii) the specific purpose, item, or service acquired by the expenditure; and
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(iv) the date the expenditure was made[.]; and
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(c) for each expenditure made by a vendor that benefits the filing entity:
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(i) the amount of the expenditure;
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(ii) the person or entity to whom the expenditure was disbursed;
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(iii) the specific purpose, item, or service acquired by the expenditure; and
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(iv) the date the expenditure was made.
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[(10)] (11) "Election" means each:
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(a) regular general election;
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(b) regular primary election; and
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(c) special election at which candidates are eliminated and selected.
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(12) "Electioneering communication" means a communication that:
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(a) has at least a value of $10,000;
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(b) clearly identifies a candidate or judge; and
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(c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
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facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
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identified candidate's or judge's election date.
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[(11)] (13) (a) "Expenditure" means:
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(i) any disbursement from contributions, receipts, or from the separate bank account
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required by this chapter;
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(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
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or anything of value made for political purposes;
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(iii) an express, legally enforceable contract, promise, or agreement to make any
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purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
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value for political purposes;
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(iv) compensation paid by [a corporation or] a filing entity for personal services
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rendered by a person without charge to a reporting entity;
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(v) a transfer of funds between the filing entity and a candidate's personal campaign
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committee; or
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(vi) goods or services provided by the filing entity to or for the benefit of another
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reporting entity for political purposes at less than fair market value.
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(b) "Expenditure" does not include:
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(i) services provided without compensation by individuals volunteering a portion or all
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of their time on behalf of a reporting entity;
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(ii) money lent to a reporting entity by a financial institution in the ordinary course of
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business; or
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(iii) anything listed in Subsection [(11)] (13)(a) that is given by [a corporation or] a
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reporting entity to candidates for office or officeholders in states other than Utah.
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[(12)] (14) "Filing entity" means the reporting entity that is [filing] required to file a
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financial statement required by this chapter or Title 20A, Chapter 12, Part 2, Judicial Retention
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Elections.
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[(13)] (15) "Financial statement" includes any summary report, interim report, verified
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financial statement, or other statement disclosing contributions, expenditures, receipts,
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donations, or disbursements that is required by this chapter or Title 20A, Chapter 12, Part 2,
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Judicial Retention Elections.
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[(14)] (16) "Governing board" means the individual or group of individuals that
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determine the candidates and committees that will receive expenditures from a political action
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committee, political party, or corporation.
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[(15)] (17) "Incorporation" means the process established by Title 10, Chapter 2, Part
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1, Incorporation, by which a geographical area becomes legally recognized as a city or town.
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[(16)] (18) "Incorporation election" means the election authorized by Section
10-2-111
.
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[(17)] (19) "Incorporation petition" means a petition authorized by Section
10-2-109
.
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[(18)] (20) "Individual" means a natural person.
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[(19)] (21) "Interim report" means a report identifying the contributions received and
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expenditures made since the last report.
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(22) (a) "Labor organization" means a lawful organization of any kind that is
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composed, in whole or in part, of employees and that exists for the purpose, in whole or in part,
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of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of
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employment, or other terms and conditions of employment.
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(b) Except as provided in Subsection (22)(c), "labor organization" includes each
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employee association and union for employees of public and private sector employers.
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(c) "Labor organization" does not include organizations governed by the National
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Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
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et seq.
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[(20)] (23) "Legislative office" means the office of state senator, state representative,
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speaker of the House of Representatives, president of the Senate, and the leader, whip, and
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assistant whip of any party caucus in either house of the Legislature.
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[(21)] (24) "Legislative office candidate" means a person who:
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(a) files a declaration of candidacy for the office of state senator or state representative;
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(b) declares himself to be a candidate for, or actively campaigns for, the position of
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speaker of the House of Representatives, president of the Senate, or the leader, whip, and
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assistant whip of any party caucus in either house of the Legislature; [and] or
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(c) receives contributions, makes expenditures, or gives consent for any other person to
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receive contributions or make expenditures to bring about the person's nomination or election
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to a legislative office.
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[(22) "Newly registered political party" means an organization of voters that has
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complied with the petition and organizing procedures of this chapter to become a registered
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political party.]
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[(23)] (25) "Officeholder" means a person who holds a public office.
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[(24)] (26) "Party committee" means any committee organized by or authorized by the
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governing board of a registered political party.
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[(25)] (27) "Person" means both natural and legal persons, including individuals,
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business organizations, personal campaign committees, party committees, political action
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committees, political issues committees, labor unions, and labor organizations.
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[(26)] (28) "Personal campaign committee" means the committee appointed by a
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candidate to act for the candidate as provided in this chapter.
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[(27)] (29) (a) "Political action committee" means an entity, or any group of
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individuals or entities within or outside this state, a major purpose of which is to:
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(i) solicit or receive contributions from any other person, group, or entity for political
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purposes; or
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(ii) make expenditures to expressly advocate for any person to refrain from voting or to
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vote for or against any candidate [for] or person seeking election to a municipal or county
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office.
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(b) "Political action committee" includes groups affiliated with a registered political
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party but not authorized or organized by the governing board of the registered political party
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that receive contributions or makes expenditures for political purposes.
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(c) "Political action committee" does not mean:
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(i) a party committee;
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(ii) any entity that provides goods or services to a candidate or committee in the regular
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course of its business at the same price that would be provided to the general public;
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(iii) an individual;
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(iv) individuals who are related and who make contributions from a joint checking
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account;
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(v) a corporation, except a corporation a major purpose of which is to act as a political
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action committee; or
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(vi) a personal campaign committee.
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[(28)] (30) "Political convention" means a county or state political convention held by
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a registered political party to select candidates.
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[(29)] (31) (a) "Political issues committee" means an entity, or any group of individuals
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or entities within or outside this state, a major purpose of which is to:
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(i) solicit or receive donations from any other person, group, or entity to assist in
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placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
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to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
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(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
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ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
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proposed ballot proposition or an incorporation in an incorporation election; or
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(iii) make expenditures to assist in qualifying or placing a ballot proposition on the
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ballot or to assist in keeping a ballot proposition off the ballot.
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(b) "Political issues committee" does not mean:
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(i) a registered political party or a party committee;
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(ii) any entity that provides goods or services to an individual or committee in the
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regular course of its business at the same price that would be provided to the general public;
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(iii) an individual;
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(iv) individuals who are related and who make contributions from a joint checking
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account; or
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(v) a corporation, except a corporation a major purpose of which is to act as a political
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issues committee.
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[(30)] (32) (a) "Political issues contribution" means any of the following:
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(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
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anything of value given to a political issues committee;
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(ii) an express, legally enforceable contract, promise, or agreement to make a political
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issues donation to influence the approval or defeat of any ballot proposition;
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(iii) any transfer of funds received by a political issues committee from a reporting
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entity;
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(iv) compensation paid by another reporting entity for personal services rendered
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without charge to a political issues committee; and
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(v) goods or services provided to or for the benefit of a political issues committee at
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less than fair market value.
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(b) "Political issues contribution" does not include:
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(i) services provided without compensation by individuals volunteering a portion or all
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of their time on behalf of a political issues committee; or
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(ii) money lent to a political issues committee by a financial institution in the ordinary
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course of business.
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[(31)] (33) (a) "Political issues expenditure" means any of the following:
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(i) any payment from political issues contributions made for the purpose of influencing
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the approval or the defeat of:
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(A) a ballot proposition; or
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(B) an incorporation petition or incorporation election;
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(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
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the express purpose of influencing the approval or the defeat of:
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(A) a ballot proposition; or
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(B) an incorporation petition or incorporation election;
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(iii) an express, legally enforceable contract, promise, or agreement to make any
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political issues expenditure;
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(iv) compensation paid by a reporting entity for personal services rendered by a person
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without charge to a political issues committee; or
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(v) goods or services provided to or for the benefit of another reporting entity at less
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than fair market value.
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(b) "Political issues expenditure" does not include:
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(i) services provided without compensation by individuals volunteering a portion or all
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of their time on behalf of a political issues committee; or
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(ii) money lent to a political issues committee by a financial institution in the ordinary
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course of business.
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[(32)] (34) "Political purposes" means an act done with the intent or in a way to
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influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
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for or against any candidate [for public office] or a person seeking a municipal or county office
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at any caucus, political convention, [primary,] or election.
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[(33)] (35) "Primary election" means any regular primary election held under the
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election laws.
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[(34)] (36) "Public office" means the office of governor, lieutenant governor, state
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auditor, state treasurer, attorney general, state or local school board member, state senator, state
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representative, speaker of the House of Representatives, president of the Senate, and the leader,
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whip, and assistant whip of any party caucus in either house of the Legislature.
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[(35)] (37) (a) "Public service assistance" means the following when given or provided
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to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
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communicate with the officeholder's constituents:
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(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
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money or anything of value to an officeholder; or
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(ii) goods or services provided at less than fair market value to or for the benefit of the
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officeholder.
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(b) "Public service assistance" does not include:
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(i) anything provided by the state;
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(ii) services provided without compensation by individuals volunteering a portion or all
347
of their time on behalf of an officeholder;
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(iii) money lent to an officeholder by a financial institution in the ordinary course of
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business;
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(iv) news coverage or any publication by the news media; or
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(v) any article, story, or other coverage as part of any regular publication of any
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organization unless substantially all the publication is devoted to information about the
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officeholder.
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[(36)] (38) "Publicly identified class of individuals" means a group of 50 or more
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individuals sharing a common occupation, interest, or association that contribute to a political
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action committee or political issues committee and whose names can be obtained by contacting
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the political action committee or political issues committee upon whose financial [report they]
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statement the individuals are listed.
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[(37)] (39) "Receipts" means contributions and public service assistance.
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[(38)] (40) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
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Lobbyist Disclosure and Regulation Act.
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[(39)] (41) "Registered political action committee" means any political action
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committee that is required by this chapter to file a statement of organization with the lieutenant
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governor's office.
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[(40)] (42) "Registered political issues committee" means any political issues
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committee that is required by this chapter to file a statement of organization with the lieutenant
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governor's office.
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[(41)] (43) "Registered political party" means an organization of voters that:
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(a) participated in the last regular general election and polled a total vote equal to 2%
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or more of the total votes cast for all candidates for the United States House of Representatives
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for any of its candidates for any office; or
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(b) has complied with the petition and organizing procedures of [this chapter] Chapter
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8, Political Party Formation and Procedures.
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(44) (a) "Remuneration" means a payment:
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(i) made to a legislator for the period the Legislature is in session; and
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(ii) that is approximately equivalent to an amount a legislator would have earned
377
during the period the Legislature is session in the legislator's ordinary course of business.
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(b) "Remuneration" does not mean anything of economic value given to a legislator by:
379
(i) the legislator's primary employer in the ordinary course of business; or
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(ii) a person or entity in the ordinary course of business:
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(A) because of the legislator's ownership interest in the entity; or
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(B) for services rendered by the legislator on behalf of the person or entity.
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[(42)] (45) "Reporting entity" means a candidate, a candidate's personal campaign
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committee, a judge, a judge's personal campaign committee, an officeholder, a party
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committee, a political action committee, [and] a political issues committee, a corporation, or a
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labor organization.
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[(43)] (46) "School board office" means the office of state school board or local school
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board.
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(47) "Solicitation and administration costs" means the cost of office space, phones,
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salaries, utilities, supplies, legal and accounting fees, fund-raising, and other expenses incurred
391
in setting up and running a political action committee established by a corporation or labor
392
organization.
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[(44)] (48) (a) "Source" means the person or entity that is the legal owner of the
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tangible or intangible asset that comprises the contribution.
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(b) "Source" means, for political action committees and corporations, the political
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action committee and the corporation as entities, not the contributors to the political action
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committee or the owners or shareholders of the corporation.
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[(45)] (49) "State office" means the offices of governor, lieutenant governor, attorney
399
general, state auditor, and state treasurer.
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[(46)] (50) "State office candidate" means a person who:
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(a) files a declaration of candidacy for a state office; or
402
(b) receives contributions, makes expenditures, or gives consent for any other person to
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receive contributions or make expenditures to bring about the person's nomination or election
404
to a state office.
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[(47)] (51) "Summary report" means the year end report containing the summary of a
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reporting entity's contributions and expenditures.
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[(48)] (52) "Supervisory board" means the individual or group of individuals that
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allocate expenditures from a political issues committee.
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(53) "Vendor" means a person who is paid in excess of $1,000 within one year by a
410
filing entity to contract with another person on the filing entity's behalf to provide a good or
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service for the benefit of a filing entity.
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Section 2.
Section
20A-11-103
is amended to read:
413
20A-11-103. Notice of pending interim and summary reports -- Form of
414
submission -- Public availability -- Notice of local filings.
415
(1) (a) Except as provided under Subsection (1)(b), 10 days before [a financial
416
statement from a state office candidate, legislative office candidate, officeholder, state school
417
board candidate, political party, political action committee, political issues committee, or
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judge] an interim report or summary report is due under this chapter[,] or Chapter 12, Part 2,
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Judicial Retention Elections, the [lieutenant governor] chief election officer shall inform [those
420
candidates, officeholders, parties, committees, and judges] the filing entity by postal mail or, if
421
requested by the [candidate, officeholder, party, committee, or judge] filing entity, by electronic
422
mail:
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(i) of that the financial statement is due;
424
(ii) of the date that the financial statement is due; and
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(iii) the penalty for failing to file the financial statement.
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[(iii) if the notification is sent to a judge in reference to the interim report due before
427
the regular general election, or to a candidate in reference to an interim report due before the
428
regular primary election, on August 31, or before the regular general election, that if the report
429
is not timely filed, voters will be informed that the candidate or judge has been disqualified and
430
any votes cast for the candidate or judge will not be counted;]
431
[(iv) if the notification is sent to a political party, political action committee, or
432
political issues committee in reference to an interim report or a verified financial statement,
433
that the entity may be guilty of a class B misdemeanor for failing to file the report or statement;
434
and]
435
[(v) if the notification is in reference to a summary report, that the candidate,
436
officeholder, party, committee, or judge may be guilty of a class B misdemeanor for failing to
437
file the report.]
438
(b) Notwithstanding the provisions of Subsection (1)(a), under this section the
439
[lieutenant governor] chief election officer is not required to provide notice:
440
(i) to a candidate of the financial statement that is due before the candidate's political
441
convention; or
442
(ii) of a financial statement due in connection with a public hearing for an initiative
443
under the requirements of Section
20A-7-204.1
.
444
[(c) Ten days before an interim or summary report from a local school board candidate
445
is due under this chapter, the county clerk shall inform the candidate by postal mail or, if
446
requested, by electronic mail:]
447
[(i) that the report is due;]
448
[(ii) the date that the report is due;]
449
[(iii) if the notification is in reference to an interim report due before the regular
450
primary election, on August 31, or before the regular general election, that, if the report is not
451
timely filed, voters will be informed that the candidate has been disqualified and any votes cast
452
for the candidate will not be counted; and]
453
[(iv) if the notification is in reference to a summary report, that the candidate may be
454
guilty of a class B misdemeanor for failing to file the report.]
455
(2) [Persons or entities submitting financial statements required by this chapter may
456
submit them: (a) on paper, printed, typed, or legibly handwritten or hand printed; (b) on a
457
computer disk according to specifications established by the chief election officer that protect
458
against fraudulent filings and secure the accuracy of the information contained on the computer
459
disk; (c) via fax; or (d)] A filing entity shall electronically file a financial statement via
460
electronic mail or the Internet[,] according to specifications established by the chief election
461
officer.
462
(3) A financial statement is considered timely filed if[: (a)] it is received [in] by the
463
chief election officer's office [no later than 5:00 p.m.] before the close of regular office hours
464
on the date that it is due[;].
465
[(b) it is received in the chief election officer's office with a postmark three days or
466
more before the date that the financial statement was due; or]
467
[(c) the candidate, judge, or entity has proof that the financial statement was mailed,
468
with appropriate postage and addressing, three days before the financial statement was due.]
469
(4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
470
Access and Management Act, the lieutenant governor shall:
471
(a) make each campaign finance statement filed by a candidate available for public
472
inspection and copying no later than one business day after the statement is filed; and
473
(b) post an electronic copy or the contents of each [campaign finance] financial
474
statement in a searchable format on a website established by the lieutenant governor:
475
(i) for campaign finance statements submitted to the lieutenant governor under the
476
requirements of Section
10-3-208
or Section
17-16-6.5
, no later than seven business days after
477
the date of receipt of the campaign finance statement; [or]
478
(ii) for a [campaign finance statement] summary report or interim report filed under the
479
requirements of this chapter or Chapter 12, Part 2, Judicial Retention Elections, no later than
480
[seven] three business days after the date the statement is [due.] electronically filed; and
481
(iii) for a financial statement required by Subsections
20A-11-201
(5)(b),
482
20A-11-301
(6)(a),
20A-11-901
(2),
20A-11-1301
(6)(b), and
20A-12-303
(3)(b), and Section
483
20A-11-510
, no later than one business day after the date the statement is electronically filed.
484
(5) If a municipality, under Section
10-3-208
, or a county, under Section
17-16-6.5
,
485
elects to provide campaign finance disclosure on its own website, rather than through the
486
lieutenant governor, the website established by the lieutenant governor shall contain a link or
487
other access point to the municipality or county website.
488
Section 3.
Section
20A-11-201
is amended to read:
489
20A-11-201. State office candidate -- Separate bank account for campaign funds.
490
(1) (a) Each state office candidate or the candidate's personal campaign committee
491
shall deposit each contribution and public service assistance received in one or more separate
492
campaign accounts in a financial institution.
493
(b) The state office candidate or the candidate's personal campaign committee may use
494
the monies in those accounts only for political purposes.
495
(2) A state office candidate or the candidate's personal campaign committee may not
496
deposit or mingle any contributions received into a personal or business account.
497
(3) If a person who is no longer a state office candidate chooses not to expend the
498
monies remaining in a campaign account, the person shall continue to file the year-end
499
summary report required by Section
20A-11-203
until the statement of dissolution and final
500
summary report required by Section
20A-11-205
are filed with the lieutenant governor.
501
(4) (a) Except as provided in Subsection (4)(b) and Section
20A-11-402
, a person who
502
is no longer a state office candidate may not expend or transfer the monies in a campaign
503
account in a manner that would cause the former state office candidate to recognize the monies
504
as taxable income under federal tax law.
505
(b) A person who is no longer a state office candidate may transfer the monies in a
506
campaign account in a manner that would cause the former state office candidate to recognize
507
the monies as taxable income under federal tax law if the transfer is made to a campaign
508
account for federal office.
509
(5) (a) As used in this Subsection (5) and Section
20A-11-204
, "received" means:
510
(i) for a cash contribution, that the cash is given to a state office candidate or a member
511
of the candidate's personal campaign committee;
512
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
513
instrument or check is negotiated; and
514
(iii) for any other type of contribution, that any portion of the contribution's benefit
515
inures to the state office candidate.
516
(b) Each state office candidate shall report to the lieutenant governor each contribution
517
and public service assistance [to the lieutenant governor]:
518
(i) within 30 days after the contribution or public service assistance is received[.]; and
519
(ii) within 24 hours if the contribution or public service assistance is:
520
(A) in excess of $1,000; and
521
(B) within the possession of the state office candidate or the state office candidate's
522
personal campaign committee within seven days of an election.
523
Section 4.
Section
20A-11-203
is amended to read:
524
20A-11-203. State office candidate -- Financial reporting requirements --
525
Year-end summary report.
526
(1) (a) Each state office candidate shall file a summary report by January 10 of the year
527
after the regular general election year.
528
(b) [Beginning with the 2008 regular general election and in] In addition to the
529
requirements of Subsection (1)(a), a former state office candidate that has not filed the
530
statement of dissolution and final summary report required under Section
20A-11-205
shall
531
continue to file a summary report on January 10 of each year.
532
(2) (a) Each summary report shall include the following information as of December 31
533
of the previous year:
534
(i) the net balance of the last [summary report] financial statement, if any;
535
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
536
if any;
537
(iii) a single figure equal to the total amount of expenditures reported on all interim
538
reports, if any, filed during the previous year;
539
(iv) a detailed listing of each contribution and public service assistance received since
540
the last summary report that has not been reported in detail on an interim report;
541
(v) for each nonmonetary contribution:
542
(A) the fair market value of the contribution with that information provided by the
543
contributor; and
544
(B) a specific description of the contribution;
545
(vi) a detailed listing of each expenditure made since the last summary report that has
546
not been reported in detail on an interim report;
547
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
548
(viii) a net balance for the year consisting of the net balance from the last summary
549
report, if any, plus all receipts minus all expenditures.
550
(b) (i) For all single contributions or public service assistance of $50 or less, a single
551
aggregate figure may be reported without separate detailed listings.
552
(ii) Two or more contributions from the same source that have an aggregate total of
553
more than $50 may not be reported in the aggregate, but shall be reported separately.
554
(c) In preparing the report, all receipts and expenditures shall be reported as of
555
December 31 of the previous year.
556
(d) A check or negotiable instrument within the possession of a state office candidate
557
or the state office candidate's personal campaign committee on or before December 31 of the
558
previous year shall be negotiated and included in the summary report.
559
(3) [The summary report shall contain a paragraph signed by an] An authorized
560
member of the state office candidate's personal campaign committee or [by] the state office
561
candidate [certifying] shall certify in the summary report that, to the best of the [signer's]
562
person's knowledge, all receipts and all expenditures have been reported as of December 31 of
563
the previous year and that there are no bills or obligations outstanding and unpaid except as set
564
forth in that report.
565
Section 5.
Section
20A-11-204
is amended to read:
566
20A-11-204. State office candidate -- Financial reporting requirements -- Interim
567
reports.
568
(1) Each state office candidate shall file an interim report at the following times in any
569
year in which the candidate has filed a declaration of candidacy for a public office:
570
(a) seven days before the candidate's political convention;
571
(b) seven days before the regular primary election date;
572
(c) August 31; and
573
(d) seven days before the regular general election date.
574
(2) Each interim report shall include the following information:
575
(a) the net balance of the last [summary report] financial statement, if any;
576
(b) a single figure equal to the total amount of receipts reported on all prior interim
577
reports, if any, during the calendar year in which the interim report is due;
578
(c) a single figure equal to the total amount of expenditures reported on all prior
579
interim reports, if any, filed during the calendar year in which the interim report is due;
580
(d) a detailed listing of each contribution and public service assistance received since
581
the last summary report that has not been reported in detail on a prior interim report;
582
(e) for each nonmonetary contribution:
583
(i) the fair market value of the contribution with that information provided by the
584
contributor; and
585
(ii) a specific description of the contribution;
586
(f) a detailed listing of each expenditure made since the last summary report that has
587
not been reported in detail on a prior interim report;
588
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
589
(h) a net balance for the year consisting of the net balance from the last summary
590
report, if any, plus all receipts since the last summary report minus all expenditures since the
591
last summary report; and
592
(i) a summary page in the form required by the lieutenant governor that identifies:
593
(i) beginning balance;
594
(ii) total contributions during the period since the last statement;
595
(iii) total contributions to date;
596
(iv) total expenditures during the period since the last statement; and
597
(v) total expenditures to date.
598
(3) (a) For all individual contributions or public service assistance of $50 or less, a
599
single aggregate figure may be reported without separate detailed listings.
600
(b) Two or more contributions from the same source that have an aggregate total of
601
more than $50 may not be reported in the aggregate, but shall be reported separately.
602
(4) (a) In preparing each interim report, all receipts and expenditures shall be reported
603
as of five days before the required filing date of the report.
604
(b) Any negotiable instrument or check [received by] within the possession of a state
605
office candidate or a state office candidate's personal campaign committee more than five days
606
before the required filing date of a report required by this section shall be negotiated and
607
included in the interim report.
608
Section 6.
Section
20A-11-206
is amended to read:
609
20A-11-206. State office candidate -- Failure to file reports -- Penalties.
610
(1) (a) If a state office candidate fails to file an interim report due before the regular
611
primary election, on August 31, or before the regular general election, the lieutenant governor
612
shall, after making a reasonable attempt to discover if the report was timely [mailed, inform the
613
county clerk and other appropriate election officials who:] filed, impose a fine against the filing
614
entity in accordance with Section
20A-11-1006
.
615
[(i) shall, if practicable, remove the name of the candidate by blacking out the
616
candidate's name before the ballots are delivered to voters; or]
617
[(ii) shall, if removing the candidate's name from the ballot is not practicable, inform
618
the voters by any practicable method that the candidate has been disqualified and that votes
619
cast for the candidate will not be counted; and]
620
[(iii) may not count any votes for that candidate.]
621
[(b) Any state office candidate who fails to file timely a financial statement required by
622
Section
20A-11-204
is disqualified and the vacancy on the ballot may be filled as provided in
623
Section
20A-1-501
.]
624
[(c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
625
disqualified if:]
626
(b) The lieutenant governor may not impose the fine if:
627
(i) the candidate timely files the reports required by this section no later than the due
628
date in accordance with Section
20A-11-103
;
629
(ii) [those] the reports are completed, detailing accurately and completely the
630
information required by this part except for inadvertent omissions or insignificant errors or
631
inaccuracies; and
632
(iii) [those] the omissions, errors, or inaccuracies described in Subsection (1)(b)(ii) are
633
explained, clearly shown, and corrected in:
634
(A) an amended report; or [in]
635
(B) the next scheduled report.
636
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
637
governor shall review each filed summary report to ensure that:
638
(i) each state office candidate that is required to file a summary report has filed one;
639
and
640
(ii) each summary report contains the information required by this part.
641
(b) If it appears that any state office candidate has failed to file the summary report
642
required by law, if it appears that a filed summary report does not conform to the law, or if the
643
lieutenant governor has received a written complaint alleging a violation of the law or the
644
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
645
violation or receipt of a written complaint, notify the state office candidate of the violation or
646
written complaint and direct the state office candidate to file a summary report correcting the
647
problem.
648
(c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
649
report within 14 days after receiving notice from the lieutenant governor under this section.
650
(ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
651
misdemeanor.
652
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
653
attorney general.
654
Section 7.
Section
20A-11-301
is amended to read:
655
20A-11-301. Legislative office candidate -- Campaign requirements.
656
(1) Each legislative office candidate shall deposit each contribution and public service
657
assistance received in one or more separate accounts in a financial institution that are dedicated
658
only to that purpose.
659
(2) A legislative office candidate may not deposit or mingle any contributions or public
660
service assistance received into a personal or business account.
661
(3) A legislative office candidate may not make any political expenditures prohibited
662
by law.
663
(4) If a person who is no longer a legislative candidate chooses not to expend the
664
monies remaining in a campaign account, the person shall continue to file the year-end
665
summary report required by Section
20A-11-302
until the statement of dissolution and final
666
summary report required by Section
20A-11-304
are filed with the lieutenant governor.
667
(5) (a) Except as provided in Subsection (5)(b) and Section
20A-11-402
, a person who
668
is no longer a legislative office candidate may not expend or transfer the monies in a campaign
669
account in a manner that would cause the former legislative office candidate to recognize the
670
monies as taxable income under federal tax law.
671
(b) A person who is no longer a legislative office candidate may transfer the monies in
672
a campaign account in a manner that would cause the former legislative office candidate to
673
recognize the monies as taxable income under federal tax law if the transfer is made to a
674
campaign account for federal office.
675
(6) (a) As used in this Subsection (6) and Section
20A-11-303
, "received" means:
676
(i) for a cash contribution, that the cash is given to a legislative office candidate or a
677
member of the candidate's personal campaign committee;
678
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
679
instrument or check is negotiated; and
680
(iii) for any other type of contribution, that any portion of the contribution's benefit
681
inures to the legislative office candidate.
682
(b) Each legislative office candidate shall report to the lieutenant governor each
683
contribution and public service assistance [to the lieutenant governor]:
684
(i) within 30 days after the contribution or public service assistance is received[.]; and
685
(ii) within 24 hours if the contribution or public service assistance is:
686
(A) in excess of $1,000; and
687
(B) within the legislative office candidate's possession within seven days of an
688
election.
689
Section 8.
Section
20A-11-302
is amended to read:
690
20A-11-302. Legislative office candidate -- Financial reporting requirements --
691
Year-end summary report.
692
(1) (a) Each legislative office candidate shall file a summary report by January 10 of
693
the year after the regular general election year.
694
(b) [Beginning with the 2008 regular general election and in] In addition to the
695
requirements of Subsection (1)(a), a former legislative office candidate that has not filed the
696
statement of dissolution and final summary report required under Section
20A-11-304
shall
697
continue to file a summary report on January 10 of each year.
698
(2) (a) Each summary report shall include the following information as of December 31
699
of the previous year:
700
(i) the net balance of the last [summary report] financial statement, if any;
701
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
702
if any, during the calendar year in which the summary report is due;
703
(iii) a single figure equal to the total amount of expenditures reported on all interim
704
reports, if any, filed during the previous year;
705
(iv) a detailed listing of each receipt, contribution, and public service assistance since
706
the last summary report that has not been reported in detail on an interim report;
707
(v) for each nonmonetary contribution:
708
(A) the fair market value of the contribution with that information provided by the
709
contributor; and
710
(B) a specific description of the contribution;
711
(vi) a detailed listing of each expenditure made since the last summary report that has
712
not been reported in detail on an interim report;
713
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
714
(viii) a net balance for the year consisting of the net balance from the last summary
715
report, if any, plus all receipts minus all expenditures.
716
(b) (i) For all individual contributions or public service assistance of $50 or less, a
717
single aggregate figure may be reported without separate detailed listings.
718
(ii) Two or more contributions from the same source that have an aggregate total of
719
more than $50 may not be reported in the aggregate, but shall be reported separately.
720
(c) In preparing the report, all receipts and expenditures shall be reported as of
721
December 31 of the previous year.
722
(d) A check or negotiable instrument within the legislative office candidate's
723
possession on or before December 31 of the previous year shall be negotiated and included in
724
the summary report.
725
(3) [The summary report shall contain a paragraph signed by the] The legislative office
726
candidate [certifying] shall certify in the summary report that to the best of the candidate's
727
knowledge, all receipts and all expenditures have been reported as of December 31 of the
728
previous year and that there are no bills or obligations outstanding and unpaid except as set
729
forth in that report.
730
Section 9.
Section
20A-11-303
is amended to read:
731
20A-11-303. Legislative office candidate -- Financial reporting requirements --
732
Interim reports.
733
(1) Each legislative office candidate shall file an interim report at the following times
734
in any year in which the candidate has filed a declaration of candidacy for a public office:
735
(a) seven days before the candidate's political convention;
736
(b) seven days before the regular primary election date;
737
(c) August 31; and
738
(d) seven days before the regular general election date.
739
(2) Each interim report shall include the following information:
740
(a) the net balance of the last [summary report] financial statement, if any;
741
(b) a single figure equal to the total amount of receipts reported on all prior interim
742
reports, if any, during the calendar year in which the interim report is due;
743
(c) a single figure equal to the total amount of expenditures reported on all prior
744
interim reports, if any, filed during the calendar year in which the interim report is due;
745
(d) a detailed listing of each contribution and public service assistance received since
746
the last summary report that has not been reported in detail on a prior interim report;
747
(e) for each nonmonetary contribution:
748
(i) the fair market value of the contribution with that information provided by the
749
contributor; and
750
(ii) a specific description of the contribution;
751
(f) a detailed listing of each expenditure made since the last summary report that has
752
not been reported in detail on a prior interim report;
753
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
754
(h) a net balance for the year consisting of the net balance from the last summary
755
report, if any, plus all receipts since the last summary report minus all expenditures since the
756
last summary report; and
757
(i) a summary page in the form required by the lieutenant governor that identifies:
758
(i) beginning balance;
759
(ii) total contributions during the period since the last statement;
760
(iii) total contributions to date;
761
(iv) total expenditures during the period since the last statement; and
762
(v) total expenditures to date.
763
(3) (a) For all individual contributions or public service assistance of $50 or less, a
764
single aggregate figure may be reported without separate detailed listings.
765
(b) Two or more contributions from the same source that have an aggregate total of
766
more than $50 may not be reported in the aggregate, but shall be reported separately.
767
(4) (a) In preparing each interim report, all receipts and expenditures shall be reported
768
as of five days before the required filing date of the report.
769
(b) Any negotiable instrument or check [received by] within the possession of a
770
legislative office candidate more than five days before the required filing date of a report
771
required by this section shall be negotiated and included in the interim report.
772
Section 10.
Section
20A-11-305
is amended to read:
773
20A-11-305. Legislative office candidate -- Failure to file report.
774
(1) (a) If a legislative office candidate fails to file an interim report due before the
775
regular primary election, on August 31, or before the regular general election, the lieutenant
776
governor shall, after making a reasonable attempt to discover if the report was timely [mailed,
777
inform the county clerk and other appropriate election officials who:] filed, impose a fine
778
against the filing entity in accordance with Section
20A-11-1006
.
779
[(i) shall, if practicable, remove the name of the candidate by blacking out the
780
candidate's name before the ballots are delivered to voters; or]
781
[(ii) shall, if removing the candidate's name from the ballot is not practicable, inform
782
the voters by any practicable method that the candidate has been disqualified and that votes
783
cast for the candidate will not be counted; and]
784
[(iii) may not count any votes for that candidate.]
785
[(b) Any legislative office candidate who fails to file timely a financial statement
786
required by Section
20A-11-303
is disqualified and the vacancy on the ballot may be filled as
787
provided in Section
20A-1-501
.]
788
[(c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
789
disqualified if:]
790
(b) The lieutenant governor may not impose the fine if:
791
(i) the candidate timely files the reports required by this section no later than the due
792
date in accordance with Section
20A-11-103
;
793
(ii) [those] the reports are completed, detailing accurately and completely the
794
information required by this part except for inadvertent omissions or insignificant errors or
795
inaccuracies; and
796
(iii) [those] the omissions, errors, or inaccuracies described in Subsection (1)(b)(ii) are
797
explained, clearly shown, and corrected in:
798
(A) an amended report; or [in]
799
(B) the next scheduled report.
800
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
801
governor shall review each filed summary report to ensure that:
802
(i) each legislative office candidate that is required to file a summary report has filed
803
one; and
804
(ii) each summary report contains the information required by this part.
805
(b) If it appears that any legislative office candidate has failed to file the summary
806
report required by law, if it appears that a filed summary report does not conform to the law, or
807
if the lieutenant governor has received a written complaint alleging a violation of the law or the
808
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
809
violation or receipt of a written complaint, notify the legislative office candidate of the
810
violation or written complaint and direct the legislative office candidate to file a summary
811
report correcting the problem.
812
(c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
813
summary report within 14 days after receiving notice from the lieutenant governor under this
814
section.
815
(ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
816
class B misdemeanor.
817
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
818
attorney general.
819
Section 11.
Section
20A-11-403
is amended to read:
820
20A-11-403. Failure to file -- Penalties.
821
(1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
822
governor shall review each filed summary report to ensure that:
823
(a) each officeholder that is required to file a summary report has filed one; and
824
(b) each summary report contains the information required by this part.
825
(2) If it appears that any officeholder has failed to file the summary report required by
826
law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
827
governor has received a written complaint alleging a violation of the law or the falsity of any
828
summary report, the lieutenant governor shall[,]:
829
(a) impose a fine against the filing entity in accordance with Section
20A-11-1006
; and
830
(b) within five days of discovery of a violation or receipt of a written complaint, notify
831
the officeholder of the violation or written complaint and direct the officeholder to file a
832
summary report correcting the problem.
833
(3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
834
within 14 days after receiving notice from the lieutenant governor under this section.
835
(b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
836
misdemeanor.
837
(c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
838
attorney general.
839
Section 12.
Section
20A-11-507
is amended to read:
840
20A-11-507. Political party financial reporting requirements -- Interim reports.
841
(1) The party committee of each registered political party shall file an interim report at
842
the following times in any year in which there is a regular general election:
843
(a) seven days before the registered political party's political convention;
844
(b) seven days before the regular primary election date;
845
[(a)] (c) August 31; and
846
[(b)] (d) seven days before the general election date.
847
(2) Each interim report shall include the following information:
848
(a) the net balance of the last [summary report] financial statement, if any;
849
(b) a single figure equal to the total amount of receipts reported on all prior interim
850
reports, if any, during the calendar year in which the interim report is due;
851
(c) a single figure equal to the total amount of expenditures reported on all prior
852
interim reports, if any, filed during the calendar year in which the interim report is due;
853
(d) a detailed listing of each contribution and public service assistance received since
854
the last summary report that has not been reported in detail on a prior interim report;
855
(e) for each nonmonetary contribution, the fair market value of the contribution;
856
(f) a detailed listing of each expenditure made since the last summary report that has
857
not been reported in detail on a prior interim report;
858
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
859
(h) a net balance for the year consisting of the net balance from the last summary
860
report, if any, plus all receipts since the last summary report minus all expenditures since the
861
last summary report; and
862
(i) a summary page in the form required by the lieutenant governor that identifies:
863
(i) beginning balance;
864
(ii) total contributions during the period since the last statement;
865
(iii) total contributions to date;
866
(iv) total expenditures during the period since the last statement; and
867
(v) total expenditures to date.
868
(3) (a) For all individual contributions or public service assistance of $50 or less, a
869
single aggregate figure may be reported without separate detailed listings.
870
(b) Two or more contributions from the same source that have an aggregate total of
871
more than $50 may not be reported in the aggregate, but shall be reported separately.
872
(4) In preparing each interim report, all receipts and expenditures shall be reported as
873
of five days before the required filing date of the report.
874
Section 13.
Section
20A-11-508
is amended to read:
875
20A-11-508. Political party reporting requirements -- Criminal penalties.
876
(1) (a) Each registered political party that fails to file [the interim reports due on
877
August 31 or before the regular general election is] an interim report by the due date is:
878
(i) subject to a fine imposed in accordance with Section
20A-11-1006
; and
879
(ii) guilty of a class B misdemeanor.
880
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
881
attorney general.
882
(2) Within 30 days after a deadline for the filing of a summary report required by this
883
part, the lieutenant governor shall review each filed report to ensure that:
884
(a) each political party that is required to file a report has filed one; and
885
(b) each report contains the information required by this part.
886
(3) If it appears that any political party has failed to file a report required by law, if it
887
appears that a filed report does not conform to the law, or if the lieutenant governor has
888
received a written complaint alleging a violation of the law or the falsity of any report, the
889
lieutenant governor shall, within five days of discovery of a violation or receipt of a written
890
complaint, notify the political party of the violation or written complaint and direct the political
891
party to file a summary report correcting the problem.
892
(4) (a) It is unlawful for any political party to fail to file or amend a summary report
893
within 14 days after receiving notice from the lieutenant governor under this section.
894
(b) Each political party who violates Subsection (4)(a) is guilty of a class B
895
misdemeanor.
896
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
897
attorney general.
898
Section 14.
Section
20A-11-509
is enacted to read:
899
20A-11-509. Designation of contribution's use prohibited.
900
A person making a contribution to a registered political party may not request that the
901
registered political party expend the contribution in a way to benefit a specific candidate.
902
Section 15.
Section
20A-11-510
is enacted to read:
903
20A-11-510. Reporting of contributions over $1,000.
904
A registered political party shall report to the lieutenant governor each contribution
905
received within 24 hours if the contribution is:
906
(1) in excess of $1,000; and
907
(2) within the registered political party's possession within seven days of an election.
908
Section 16.
Section
20A-11-602
is amended to read:
909
20A-11-602. Political action committees -- Financial reporting.
910
(1) (a) Each registered political action committee that has received contributions
911
totaling at least $750, or disbursed expenditures totaling at least $50, during a calendar year
912
shall file a verified financial statement with the lieutenant governor's office [on]:
913
(i) on January 10, reporting contributions and expenditures as of December 31 of the
914
previous year;
915
(ii) seven days before the regular primary election date;
916
[(ii)] (iii) on August 31; and
917
[(iii)] (iv) seven days before the regular general election date.
918
(b) The registered political action committee shall report:
919
(i) a detailed listing of all contributions received and expenditures made since the last
920
statement; and
921
(ii) for financial statements filed [on August 31 and before the general election] under
922
Subsections (1)(a)(ii) through (iv), all contributions and expenditures as of five days before the
923
required filing date of the financial statement.
924
(c) The registered political action committee need not file a statement under this
925
section if it received no contributions and made no expenditures during the reporting period.
926
(2) (a) The verified financial statement shall include:
927
(i) the name[,] and address[, and occupation] of any individual that makes a
928
contribution to the reporting political action committee, and the amount of the contribution;
929
(ii) the identification of any publicly identified class of individuals that makes a
930
contribution to the reporting political action committee, and the amount of the contribution;
931
(iii) the name and address of any political action committee, group, or entity that makes
932
a contribution to the reporting political action committee, and the amount of the contribution;
933
(iv) for each nonmonetary contribution, the fair market value of the contribution;
934
(v) the name and address of each reporting entity that received an expenditure from the
935
reporting political action committee, and the amount of each expenditure;
936
(vi) for each nonmonetary expenditure, the fair market value of the expenditure;
937
(vii) the total amount of contributions received and expenditures disbursed by the
938
reporting political action committee;
939
(viii) [a paragraph signed] a statement by the political action committee's treasurer or
940
chief financial officer [verifying] certifying that, to the best of the [signer's] person's
941
knowledge, the financial report is accurate; and
942
(ix) a summary page in the form required by the lieutenant governor that identifies:
943
(A) beginning balance;
944
(B) total contributions during the period since the last statement;
945
(C) total contributions to date;
946
(D) total expenditures during the period since the last statement; and
947
(E) total expenditures to date.
948
(b) (i) Contributions received by a political action committee that have a value of $50
949
or less need not be reported individually, but shall be listed on the report as an aggregate total.
950
(ii) Two or more contributions from the same source that have an aggregate total of
951
more than $50 may not be reported in the aggregate, but shall be reported separately.
952
(3) A group or entity may not divide or separate into units, sections, or smaller groups
953
for the purpose of avoiding the financial reporting requirements of this chapter, and substance
954
shall prevail over form in determining the scope or size of a political action committee.
955
(4) A registered political action committee shall report to the lieutenant governor each
956
contribution received within 24 hours if the contribution is:
957
(a) in excess of $1,000; and
958
(b) within the political action committee's possession within seven days of an election
959
or municipal election.
960
Section 17.
Section
20A-11-603
is amended to read:
961
20A-11-603. Criminal penalties.
962
(1) (a) Each political action committee that fails to file the statement due before the
963
regular primary election, on August 31 or before the regular general session is:
964
(i) subject to a fine imposed in accordance with Section
20A-11-1006
; and
965
(ii) guilty of a class B misdemeanor.
966
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
967
attorney general.
968
(2) Within 30 days after a deadline for the filing of the January 10 statement required
969
by this part, the lieutenant governor shall review each filed statement to ensure that:
970
(a) each political action committee that is required to file a statement has filed one; and
971
(b) each statement contains the information required by this part.
972
(3) If it appears that any political action committee has failed to file the January 10
973
statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
974
governor has received a written complaint alleging a violation of the law or the falsity of any
975
statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
976
of a written complaint, notify the political action committee of the violation or written
977
complaint and direct the political action committee to file a statement correcting the problem.
978
(4) (a) It is unlawful for any political action committee to fail to file or amend a
979
statement within 14 days after receiving notice from the lieutenant governor under this section.
980
(b) Each political action committee who violates Subsection (4)(a) is guilty of a class B
981
misdemeanor.
982
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
983
attorney general.
984
Section 18.
Section
20A-11-604
is enacted to read:
985
20A-11-604. Limits on contributions by political action committees.
986
(1) (a) A political action committee may not make contributions totaling more than the
987
following amounts per contribution cycle:
988
(i) $10,000 to one state office candidate;
989
(ii) $5,000 to one legislative office candidate;
990
(iii) $5,000 to one school board office candidate;
991
(iv) $5,000 to one judge;
992
(v) $40,000 to one registered political party;
993
(vi) $10,000 to one political action committee; or
994
(vii) $50,000 in the aggregate to one or more:
995
(A) registered political parties;
996
(B) labor organizations; and
997
(C) political action committees.
998
(b) A political action committee may make a contribution to more than one candidate
999
or judge, or multiple contributions to one candidate or judge, except that the total contributions
1000
by the political action committee to one candidate or judge in a contribution cycle may not
1001
exceed the amounts described in Subsections (1)(a)(i) through (iv).
1002
(2) The chief election officer shall adjust the dollar amounts listed in Subsection (1) for
1003
inflation as provided by Section
20A-11-1005
.
1004
(3) Solicitation or administrative costs incurred by a political action committee are
1005
excluded from the contribution limits specified in Subsection (1).
1006
(4) A political action committee may not make a cash contribution in excess of $50.
1007
Section 19.
Section
20A-11-605
is enacted to read:
1008
20A-11-605. Designation of contribution's use prohibited.
1009
A person making a contribution to a political action committee may not request that the
1010
political action committee expend the contribution in a way to benefit a specific candidate.
1011
Section 20.
Section
20A-11-701
is amended to read:
1012
20A-11-701. Campaign financial reporting of candidate campaign contributions
1013
by corporations -- Filing requirements -- Statement contents.
1014
(1) (a) Each corporation that has made expenditures for political purposes that total at
1015
least $750 during a calendar year shall file a verified financial statement with the lieutenant
1016
governor's office [on]:
1017
(i) on January 10, reporting expenditures as of December 31 of the previous year;
1018
(ii) seven days before the regular primary election date;
1019
[(ii)] (iii) on August 31; and
1020
[(iii)] (iv) seven days before the regular general election date.
1021
(b) The corporation shall report:
1022
(i) a detailed listing of all expenditures made since the last statement; [and]
1023
(ii) for financial statements filed [on August 31 and before the general election] under
1024
Subsections (1)(a)(ii) through (iv), all expenditures as of three days before the required filing
1025
date of the financial statement[.]; and
1026
(iii) whether the corporation, including an officer, director, spouse, or person with at
1027
least 10% ownership in the corporation:
1028
(A) has bid since the last financial statement on a contract, as defined in Section
1029
63G-6-103
, in excess of $100,000;
1030
(B) is currently bidding on a contract, as defined in Section
63G-6-103
, in excess of
1031
$100,000; or
1032
(C) is a party to a contract, as defined in Section
63G-6-103
, in excess of $100,000.
1033
(c) The corporation need not file a statement under this section if it made no
1034
expenditures during the reporting period.
1035
(2) That statement shall include:
1036
(a) the name and address of each reporting entity that received an expenditure from the
1037
corporation, and the amount of each expenditure;
1038
(b) the total amount of expenditures disbursed by the corporation; and
1039
(c) [a paragraph signed] a statement by the corporation's [or the political action
1040
committee's] treasurer or chief financial officer [verifying] certifying the accuracy of the
1041
financial report.
1042
Section 21.
Section
20A-11-702
is amended to read:
1043
20A-11-702. Campaign financial reporting of political issues expenditures by
1044
corporations -- Financial reporting.
1045
(1) (a) Each corporation that has made political issues expenditures on current or
1046
proposed ballot issues that total at least $750 during a calendar year shall file a verified
1047
financial statement with the lieutenant governor's office [on]:
1048
(i) on January 10, reporting expenditures as of December 31 of the previous year;
1049
(ii) seven days before the regular primary election date;
1050
[(ii)] (iii) on August 31; and
1051
[(iii)] (iv) seven days before the regular general election date.
1052
(b) The corporation shall report:
1053
(i) a detailed listing of all expenditures made since the last statement; and
1054
(ii) for financial statements [filed on August 31 and before the primary and general
1055
elections] under Subsections (1)(a)(ii) through (iv), expenditures as of five days before the
1056
required filing date of the financial statement.
1057
(c) The corporation need not file a statement under this section if it made no
1058
expenditures during the reporting period.
1059
(2) That statement shall include:
1060
(a) the name and address of each individual, entity, or group of individuals or entities
1061
that received a political issues expenditure of more than $50 from the corporation, and the
1062
amount of each political issues expenditure;
1063
(b) the total amount of political issues expenditures disbursed by the corporation; and
1064
(c) [a paragraph signed] a statement by the corporation's treasurer or chief financial
1065
officer [verifying] certifying the accuracy of the verified financial statement.
1066
Section 22.
Section
20A-11-703
is amended to read:
1067
20A-11-703. Criminal penalties -- Fines.
1068
(1) Within 30 days after a deadline for the filing of any statement required by this part,
1069
the lieutenant governor shall review each filed statement to ensure that:
1070
(a) each corporation that is required to file a statement has filed one; and
1071
(b) each statement contains the information required by this part.
1072
(2) If it appears that any corporation has failed to file any statement, if it appears that a
1073
filed statement does not conform to the law, or if the lieutenant governor has received a written
1074
complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor
1075
shall[,]:
1076
(a) impose a fine against the corporation in accordance with Section
20A-11-1006
; and
1077
(b) within five days of discovery of a violation or receipt of a written complaint, notify
1078
the corporation of the violation or written complaint and direct the corporation to file a
1079
statement correcting the problem.
1080
(3) (a) It is unlawful for any corporation to fail to file or amend a statement within 14
1081
days after receiving notice from the lieutenant governor under this section.
1082
(b) Each corporation who violates Subsection (3)(a) is guilty of a class B misdemeanor.
1083
(c) The lieutenant governor shall report all violations of this Subsection (3)(a) to the
1084
attorney general.
1085
Section 23.
Section
20A-11-705
is enacted to read:
1086
20A-11-705. Limits on contributions by corporations.
1087
(1) (a) A corporation may not make contributions totaling more than the following
1088
amounts per contribution cycle:
1089
(i) $10,000 to one state office candidate;
1090
(ii) $5,000 to one legislative office candidate;
1091
(iii) $5,000 to one school board office candidate;
1092
(iv) $5,000 to one judge;
1093
(v) $40,000 to one registered political party;
1094
(vi) $10,000 to one political action committee; or
1095
(vii) $50,000 in the aggregate to one or more:
1096
(A) registered political parties;
1097
(B) labor organizations; and
1098
(C) political action committees.
1099
(b) A corporation may make a contribution to more than one candidate or judge, or
1100
multiple contributions to one candidate or judge, except that the total contributions by the
1101
corporation to one candidate or judge in a contribution cycle may not exceed the amounts
1102
described in Subsections (1)(a)(i) through (iv).
1103
(2) (a) The chief election officer shall adjust the dollar amounts listed in Subsection (1)
1104
for inflation as provided by Section
20A-11-1005
.
1105
(b) Solicitation or administrative costs incurred by a corporation are excluded from the
1106
contribution limits specified in Subsection (1).
1107
(3) A corporation may not make a cash contribution in excess of $50.
1108
Section 24.
Section
20A-11-802
is amended to read:
1109
20A-11-802. Political issues committees -- Financial reporting.
1110
(1) (a) Each registered political issues committee that has received political issues
1111
contributions totaling at least $750, or disbursed political issues expenditures totaling at least
1112
$50, during a calendar year, shall file a verified financial statement with the lieutenant
1113
governor's office:
1114
(i) on January 10, reporting contributions and expenditures as of December 31 of the
1115
previous year;
1116
(ii) seven days before the date of an incorporation election, if the political issues
1117
committee has received donations or made disbursements to affect an incorporation;
1118
(iii) at least three days before the first public hearing held as required by Section
1119
20A-7-204.1
;
1120
(iv) if the political issues committee has received or expended funds in relation to an
1121
initiative or referendum, at the time the initiative or referendum sponsors submit:
1122
(A) the verified and certified initiative packets as required by Section
20A-7-206
; or
1123
(B) the signed and verified referendum packets as required by Section
20A-7-306
;
1124
(v) on August 31; and
1125
(vi) seven days before the regular general election.
1126
(b) The political issues committee shall report:
1127
(i) a detailed listing of all contributions received and expenditures made since the last
1128
statement; and
1129
(ii) for financial statements filed on August 31 and before the general election, all
1130
contributions and expenditures as of three days before the required filing date of the financial
1131
statement.
1132
(c) The political issues committee need not file a statement under this section if it
1133
received no contributions and made no expenditures during the reporting period.
1134
(2) (a) That statement shall include:
1135
(i) the name[,] and address[, and occupation] of any individual that makes a political
1136
issues contribution to the reporting political issues committee, and the amount of the political
1137
issues contribution;
1138
(ii) the identification of any publicly identified class of individuals that makes a
1139
political issues contribution to the reporting political issues committee, and the amount of the
1140
political issues contribution;
1141
(iii) the name and address of any political issues committee, group, or entity that makes
1142
a political issues contribution to the reporting political issues committee, and the amount of the
1143
political issues contribution;
1144
(iv) the name and address of each reporting entity that makes a political issues
1145
contribution to the reporting political issues committee, and the amount of the political issues
1146
contribution;
1147
(v) for each nonmonetary contribution, the fair market value of the contribution;
1148
(vi) except as provided in Subsection (2)(c), the name and address of each individual,
1149
entity, or group of individuals or entities that received a political issues expenditure of more
1150
than $50 from the reporting political issues committee, and the amount of each political issues
1151
expenditure;
1152
(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1153
(viii) the total amount of political issues contributions received and political issues
1154
expenditures disbursed by the reporting political issues committee;
1155
(ix) [a paragraph signed] a statement by the political issues committee's treasurer or
1156
chief financial officer [verifying] certifying that, to the best of the [signer's] person's
1157
knowledge, the financial statement is accurate; and
1158
(x) a summary page in the form required by the lieutenant governor that identifies:
1159
(A) beginning balance;
1160
(B) total contributions during the period since the last statement;
1161
(C) total contributions to date;
1162
(D) total expenditures during the period since the last statement; and
1163
(E) total expenditures to date.
1164
(b) (i) Political issues contributions received by a political issues committee that have a
1165
value of $50 or less need not be reported individually, but shall be listed on the report as an
1166
aggregate total.
1167
(ii) Two or more political issues contributions from the same source that have an
1168
aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
1169
separately.
1170
(c) When reporting political issue expenditures made to circulators of initiative
1171
petitions, the political issues committee:
1172
(i) need only report the amount paid to each initiative petition circulator; and
1173
(ii) need not report the name or address of the circulator.
1174
(3) A registered political issues committee shall report to the lieutenant governor each
1175
contribution received within 24 hours if the contribution is:
1176
(a) in excess of $1,000; and
1177
(b) within the political issues committee's possession within seven days of an election
1178
or a municipal election.
1179
Section 25.
Section
20A-11-901
is amended to read:
1180
20A-11-901. Political advertisements -- Requirement that ads designate
1181
responsibility and authorization -- Unauthorized use of endorsements.
1182
(1) (a) Whenever any person makes an expenditure for the purpose of financing an
1183
advertisement expressly advocating the election or defeat of a clearly identified candidate, or
1184
solicits any contribution through any broadcasting station, newspaper, magazine, outdoor
1185
advertising facility, direct mailing, or any other type of general public political advertising, the
1186
advertisement:
1187
(i) if paid for and authorized by a candidate or the candidate's campaign committee,
1188
shall clearly state that the advertisement has been paid for by the candidate or the campaign
1189
committee;
1190
(ii) if paid for by another person but authorized by a candidate or the candidate's
1191
campaign committee, shall clearly state who paid for the advertisement and that the candidate
1192
or the campaign committee authorized the advertisement; or
1193
(iii) if not authorized by a candidate or his campaign committee, shall clearly state the
1194
name of the person who paid for the advertisement and state that the advertisement is not
1195
authorized by any candidate or candidate's committee.
1196
(b) The requirements of Subsection (1)(a) do not apply to:
1197
(i) lawn signs with dimensions of four by eight feet or smaller;
1198
(ii) bumper stickers;
1199
(iii) campaign pins, buttons, and pens; and
1200
(iv) similar small items upon which the disclaimer cannot be conveniently printed.
1201
(2) (a) A person who pays for an electioneering communication shall file a report with
1202
the lieutenant governor within 24 hours of making the payment or promising to make the
1203
payment.
1204
(b) The report shall include:
1205
(i) the name and street address of the person described in Subsection (2)(a);
1206
(ii) the name and address of each person contributing at least $100 to the person
1207
described in Subsection (2)(a) for the purpose of disseminating the electioneering
1208
communication;
1209
(iii) the amount spent on the electioneering communication;
1210
(iv) the name of the identified referenced candidate; and
1211
(v) the medium used to disseminate the electioneering communication.
1212
[(2)] (3) A person may not, in order to promote the success of any candidate for
1213
nomination or election to any public office, or in connection with any question submitted to the
1214
voters, include or cause to be included the name of any person as endorser or supporter in any
1215
political advertisement, circular, poster, or publication without the express consent of that
1216
person.
1217
[(3)] (4) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of
1218
any newspaper or other periodical to induce him to advocate or oppose editorially any
1219
candidate for nomination or election.
1220
(b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
1221
advocate or oppose editorially any candidate for nomination or election.
1222
Section 26.
Section
20A-11-904
is enacted to read:
1223
20A-11-904. Contribution given in another's name prohibited.
1224
A person may not:
1225
(1) make a contribution in the name of another;
1226
(2) knowingly permit another to make a contribution in the person's name; or
1227
(3) knowingly accept a contribution made by one person in the name of another.
1228
Section 27.
Section
20A-11-1001
is amended to read:
1229
20A-11-1001. Electronic form prepared by chief election officer.
1230
The chief election officer shall:
1231
(1) develop and prepare [forms for all] an electronic form for all financial statements
1232
required by this chapter; and
1233
(2) provide [copies of the forms] access to the electronic form to the secretary of every
1234
committee, to every candidate, and to all others who request them.
1235
Section 28.
Section
20A-11-1002
is amended to read:
1236
20A-11-1002. Retention and public inspection of financial statements -- Written
1237
complaint if statement is false or unlawful.
1238
(1) The chief election officer shall:
1239
(a) make each financial statement required by this chapter or Chapter 12, Part 2,
1240
Judicial Retention Elections:
1241
(i) open to public inspection in the office of the chief election officer; and
1242
(ii) available for viewing on the Internet [at the lieutenant governor's website within
1243
seven calendar days after the report is received by the chief election officer] in accordance with
1244
Section
20A-11-103
;
1245
(b) preserve those statements for at least five years; and
1246
(c) provide certified copies of the financial statements in the same manner as for other
1247
public records.
1248
(2) Any candidate or voter may file a written complaint with the chief election officer
1249
alleging that a filed financial statement does not conform to law or to the truth.
1250
Section 29.
Section
20A-11-1005
is enacted to read:
1251
20A-11-1005. Calculation of inflation.
1252
(1) For a contribution cycle beginning on January 1, the chief election officer shall
1253
increase the dollar amounts listed in Subsections
20A-11-604
(1),
20A-11-705
(1),
1254
20A-11-1501
(1), and
20A-11-1602
(1) by a percentage equal to the percentage difference
1255
between the consumer price index for the preceding calendar year and the consumer price
1256
index for calendar year 2010.
1257
(2) After the chief election officer increases the dollar amounts described in Subsection
1258
(1), the chief election officer shall round the dollar amounts to the nearest multiple of $100.
1259
(3) For purposes of Subsection (1), the chief election officer shall calculate the
1260
consumer price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
1261
(4) The chief election officer shall publish the dollar amounts adjusted for inflation as
1262
provided by this section on the chief election officer's website.
1263
Section 30.
Section
20A-11-1006
is enacted to read:
1264
20A-11-1006. Fines for failing to file a financial statement -- Enforcement of
1265
contribution limits.
1266
(1) The chief election officer shall fine a filing entity:
1267
(a) $300 for failing to file a financial statement by the filing deadline; and
1268
(b) $500 for each month after the filing deadline in which the filing entity fails to file
1269
the report.
1270
(2) If a filing entity is unable to pay the fine and files an affidavit of impecuniosity in a
1271
manner similar to Subsection
20A-9-201
(5)(d), the chief elections officer shall impose the fine
1272
against the candidate or treasurer, as appropriate.
1273
(3) The chief election officer shall deposit fines collected under this chapter in the
1274
General Fund.
1275
(4) The lieutenant governor shall enforce the contribution limits established in Sections
1276
20A-11-604
,
20A-11-705
,
20A-11-1501
, and
20A-11-1602
by:
1277
(a) conducting an informal adjudicative proceeding in accordance with Title 63G,
1278
Chapter 4, Administrative Procedures Act; and
1279
(b) if necessary, issuing a signed order requiring a filing entity to return the portion of a
1280
contribution in excess of the contribution limit to the person who made the contribution.
1281
Section 31.
Section
20A-11-1301
is amended to read:
1282
20A-11-1301. School board office candidate -- Campaign requirements.
1283
(1) Each school board office candidate shall deposit each contribution and public
1284
service assistance received in one or more separate accounts in a financial institution that are
1285
dedicated only to that purpose.
1286
(2) A school board office candidate may not deposit or mingle any contributions or
1287
public service assistance received into a personal or business account.
1288
(3) A school board office candidate may not make any political expenditures prohibited
1289
by law.
1290
(4) If a person who is no longer a school board candidate chooses not to expend the
1291
monies remaining in a campaign account, the person shall continue to file the year-end
1292
summary report required by Section
20A-11-1302
until the statement of dissolution and final
1293
summary report required by Section
20A-11-1304
are filed with:
1294
(a) the lieutenant governor in the case of a state school board candidate; and
1295
(b) the county clerk, in the case of a local school board candidate.
1296
(5) (a) Except as provided in Subsection (5)(b) and Section
20A-11-402
, a person who
1297
is no longer a school board candidate may not expend or transfer the monies in a campaign
1298
account in a manner that would cause the former school board candidate to recognize the
1299
monies as taxable income under federal tax law.
1300
(b) A person who is no longer a school board candidate may transfer the monies in a
1301
campaign account in a manner that would cause the former school board candidate to recognize
1302
the monies as taxable income under federal tax law if the transfer is made to a campaign
1303
account for federal office.
1304
(6) (a) As used in this Subsection (6) and Section
20A-11-1303
, "received" means:
1305
(i) for a cash contribution, that the cash is given to a [legislative] school board office
1306
candidate or a member of the candidate's personal campaign committee;
1307
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
1308
instrument or check is negotiated; and
1309
(iii) for any other type of contribution, that any portion of the contribution's benefit
1310
inures to the [legislative] school board office candidate.
1311
(b) Each school board office candidate shall report to the chief election officer each
1312
contribution and public service assistance [to the lieutenant governor]:
1313
(i) within 30 days after the contribution or public service assistance is received[.]; and
1314
(ii) within 24 hours if the contribution or public service assistance is:
1315
(A) in excess of $1,000; and
1316
(B) within the school board office candidate's possession within seven days of an
1317
election.
1318
Section 32.
Section
20A-11-1302
is amended to read:
1319
20A-11-1302. School board office candidate -- Financial reporting requirements
1320
-- Year-end summary report.
1321
(1) (a) Each school board office candidate shall file a summary report by January 10 of
1322
the year after the regular general election year.
1323
(b) [Beginning with the 2008 regular general election and in] In addition to the
1324
requirements of Subsection (1)(a), a former school board office candidate that has not filed the
1325
statement of dissolution and final summary report required under Section
20A-11-1304
shall
1326
continue to file a summary report on January 10 of each year.
1327
(2) (a) Each summary report shall include the following information as of December 31
1328
of the previous year:
1329
(i) the net balance of the last [summary report] financial statement, if any;
1330
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
1331
if any, during the previous year;
1332
(iii) a single figure equal to the total amount of expenditures reported on all interim
1333
reports, if any, filed during the previous year;
1334
(iv) a detailed listing of each receipt, contribution, and public service assistance since
1335
the last summary report that has not been reported in detail on an interim report;
1336
(v) for each nonmonetary contribution:
1337
(A) the fair market value of the contribution with that information provided by the
1338
contributor; and
1339
(B) a specific description of the contribution;
1340
(vi) a detailed listing of each expenditure made since the last summary report that has
1341
not been reported in detail on an interim report;
1342
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
1343
(viii) a net balance for the year consisting of the net balance from the last summary
1344
report, if any, plus all receipts minus all expenditures.
1345
(b) (i) For all individual contributions or public service assistance of $50 or less, a
1346
single aggregate figure may be reported without separate detailed listings.
1347
(ii) Two or more contributions from the same source that have an aggregate total of
1348
more than $50 may not be reported in the aggregate, but shall be reported separately.
1349
(c) In preparing the report, all receipts and expenditures shall be reported as of
1350
December 31 of the previous year.
1351
(d) A check or negotiable instrument within the possession of a school board office
1352
candidate on or before December 31 of the previous year shall be negotiated and included in
1353
the summary report.
1354
(3) [The summary report shall contain a paragraph signed by the] The school board
1355
office candidate [certifying] shall certify in the summary report that, to the best of the school
1356
board office candidate's knowledge, all receipts and all expenditures have been reported as of
1357
December 31 of the previous year and that there are no bills or obligations outstanding and
1358
unpaid except as set forth in that report.
1359
Section 33.
Section
20A-11-1303
is amended to read:
1360
20A-11-1303. School board office candidate -- Financial reporting requirements
1361
-- Interim reports.
1362
(1) Each school board office candidate shall file an interim report at the following
1363
times in any year in which the candidate has filed a declaration of candidacy for a public office:
1364
(a) May 15, for state school board office candidates;
1365
(b) seven days before the regular primary election date;
1366
(c) August 31; and
1367
(d) seven days before the regular general election date.
1368
(2) Each interim report shall include the following information:
1369
(a) the net balance of the last [summary report] financial statement, if any;
1370
(b) a single figure equal to the total amount of receipts reported on all prior interim
1371
reports, if any, during the calendar year in which the interim report is due;
1372
(c) a single figure equal to the total amount of expenditures reported on all prior
1373
interim reports, if any, filed during the calendar year in which the interim report is due;
1374
(d) a detailed listing of each contribution and public service assistance received since
1375
the last summary report that has not been reported in detail on a prior interim report;
1376
(e) for each nonmonetary contribution:
1377
(i) the fair market value of the contribution with that information provided by the
1378
contributor; and
1379
(ii) a specific description of the contribution;
1380
(f) a detailed listing of each expenditure made since the last summary report that has
1381
not been reported in detail on a prior interim report;
1382
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
1383
(h) a net balance for the year consisting of the net balance from the last summary
1384
report, if any, plus all receipts since the last summary report minus all expenditures since the
1385
last summary report; and
1386
(i) a summary page in the form required by the lieutenant governor that identifies:
1387
(i) beginning balance;
1388
(ii) total contributions during the period since the last statement;
1389
(iii) total contributions to date;
1390
(iv) total expenditures during the period since the last statement; and
1391
(v) total expenditures to date.
1392
(3) (a) For all individual contributions or public service assistance of $50 or less, a
1393
single aggregate figure may be reported without separate detailed listings.
1394
(b) Two or more contributions from the same source that have an aggregate total of
1395
more than $50 may not be reported in the aggregate, but shall be reported separately.
1396
(4) (a) In preparing each interim report, all receipts and expenditures shall be reported
1397
as of five days before the required filing date of the report.
1398
(b) Any negotiable instrument or check [received by] within the possession of a school
1399
board office candidate more than five days before the required filing date of a report required
1400
by this section shall be negotiated and included in the interim report.
1401
Section 34.
Section
20A-11-1305
is amended to read:
1402
20A-11-1305. School board office candidate -- Failure to file statement.
1403
(1) (a) If a school board office candidate fails to file an interim report due before the
1404
regular primary election, on August 31, and before the regular general election, the chief
1405
election officer shall, after making a reasonable attempt to discover if the report was timely
1406
[mailed] filed, [inform the county clerk and other appropriate election officials who:] impose a
1407
fine against the filing entity in accordance with Section
20A-11-1006
.
1408
[(i) shall, if practicable, remove the name of the candidate by blacking out the
1409
candidate's name before the ballots are delivered to voters; or]
1410
[(ii) shall, if removing the candidate's name from the ballot is not practicable, inform
1411
the voters by any practicable method that the candidate has been disqualified and that votes
1412
cast for candidate will not be counted; and]
1413
[(iii) may not count any votes for that candidate.]
1414
[(b) Any school board office candidate who fails to file timely a financial statement
1415
required by this part is disqualified and the vacancy on the ballot may be filled as provided in
1416
Section
20A-1-501
.]
1417
[(c) Notwithstanding Subsections (1)(a) and (1)(b), a school board office candidate is
1418
not disqualified if:]
1419
(b) The chief election officer may not impose the fine if:
1420
(i) the candidate timely files the reports required by this section in accordance with
1421
Section
20A-11-103
;
1422
(ii) those reports are completed, detailing accurately and completely the information
1423
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1424
and
1425
(iii) those omissions, errors, or inaccuracies [are] described in Subsection (1)(b)(ii) are
1426
explained, clearly shown, and corrected in an amended report or in the next scheduled report.
1427
(2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
1428
for state school board, the lieutenant governor shall review each filed summary report to ensure
1429
that:
1430
(i) each state school board candidate that is required to file a summary report has filed
1431
one; and
1432
(ii) each summary report contains the information required by this part.
1433
(b) If it appears that any state school board candidate has failed to file the summary
1434
report required by law, if it appears that a filed summary report does not conform to the law, or
1435
if the lieutenant governor has received a written complaint alleging a violation of the law or the
1436
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1437
violation or receipt of a written complaint, notify the state school board candidate of the
1438
violation or written complaint and direct the state school board candidate to file a summary
1439
report correcting the problem.
1440
(c) (i) It is unlawful for any state school board candidate to fail to file or amend a
1441
summary report within 14 days after receiving notice from the lieutenant governor under this
1442
section.
1443
(ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
1444
class B misdemeanor.
1445
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1446
attorney general.
1447
(3) (a) Within 30 days after a deadline for the filing of a summary report, the county
1448
clerk shall review each filed summary report to ensure that:
1449
(i) each local school board candidate that is required to file a summary report has filed
1450
one; and
1451
(ii) each summary report contains the information required by this part.
1452
(b) If it appears that any local school board candidate has failed to file the summary
1453
report required by law, if it appears that a filed summary report does not conform to the law, or
1454
if the county clerk has received a written complaint alleging a violation of the law or the falsity
1455
of any summary report, the county clerk shall, within five days of discovery of a violation or
1456
receipt of a written complaint, notify the local school board candidate of the violation or
1457
written complaint and direct the local school board candidate to file a summary report
1458
correcting the problem.
1459
(c) (i) It is unlawful for any local school board candidate to fail to file or amend a
1460
summary report within 14 days after receiving notice from the county clerk under this section.
1461
(ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
1462
class B misdemeanor.
1463
(iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
1464
county attorney.
1465
Section 35.
Section
20A-11-1402
is amended to read:
1466
20A-11-1402. Definitions.
1467
(1) As used in this part:
1468
(a) "Ballot proposition" includes constitutional amendments, initiatives, referenda,
1469
judicial retention questions, opinion questions, or other questions submitted to the voters for
1470
their approval or rejection.
1471
[(b) (i) "Labor organization" means a lawful organization of any kind that is composed,
1472
in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing
1473
with employers concerning grievances, labor disputes, wages, rates of pay, hours of
1474
employment, or other terms and conditions of employment.]
1475
[(ii) Except as provided in Subsection (1)(b)(iii), "labor organization" includes each
1476
employee association and union for employees of public and private sector employers.]
1477
[(iii) "Labor organization" does not include organizations governed by the National
1478
Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
1479
et seq.]
1480
[(c)] (b) "Political fund" means a separate segregated fund established by a labor
1481
organization for political purposes that meets the requirements of this part.
1482
[(d)] (c) "Political purposes" means an act done with the intent or in a way to influence
1483
or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
1484
against any candidate for public office at any caucus, political convention, [primary,] or
1485
election.
1486
[(e)] (d) "Union dues" means dues, fees, monies, or other assessments required as a
1487
condition of membership or participation in a labor organization.
1488
(2) Other terms defined in Section
20A-11-101
apply to this part.
1489
Section 36.
Section
20A-11-1501
is enacted to read:
1490
Part 15. Contribution Limits
1491
20A-11-1501. Limits on contributions by an individual.
1492
(1) (a) An individual may not make contributions totaling more than the following
1493
amounts per contribution cycle:
1494
(i) $10,000 to one state office candidate;
1495
(ii) $5,000 to one legislative office candidate;
1496
(iii) $5,000 to one school board office candidate;
1497
(iv) $5,000 to one judge;
1498
(v) $40,000 to one registered political party; or
1499
(vi) $10,000 to one political action committee.
1500
(b) An individual may make a contribution to more than one candidate or judge, or
1501
multiple contributions to one candidate or judge, except that the total contributions by the
1502
individual to one candidate or judge in a contribution cycle may not exceed the amounts
1503
described in Subsections (1)(a)(i) through (iv).
1504
(2) An individual may not make a cash contribution in excess of $50.
1505
(3) The chief election officer shall adjust the dollar amounts listed in Subsection (1) for
1506
inflation as provided by Section
20A-11-1005
.
1507
Section 37.
Section
20A-11-1601
is enacted to read:
1508
Part 16. Labor Organizations
1509
20A-11-1601. Campaign financial reporting of contributions -- Filing
1510
requirements -- Statement contents.
1511
(1) (a) Each labor organization that has made expenditures for political purposes that
1512
total at least $750 during a calendar year shall file a verified financial statement with the
1513
lieutenant governor's office:
1514
(i) on January 10, reporting expenditures as of December 31 of the previous year;
1515
(ii) seven days before the regular primary election date;
1516
(iii) on August 31; and
1517
(iv) seven days before the regular general election date.
1518
(b) The labor organization shall report:
1519
(i) a detailed listing of all expenditures made since the last statement; and
1520
(ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
1521
expenditures as of five days before the required filing date of the financial statement.
1522
(c) The labor organization need not file a statement under this section if it made no
1523
expenditures during the reporting period.
1524
(2) That statement shall include:
&nb