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First Substitute H.B. 32
Representative Keith Grover proposes the following substitute bill:
1
CAMPAIGN AND FINANCIAL REPORTING AMENDMENTS
2
2011 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: Keith Grover
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Senate Sponsor:
Margaret Dayton
6
7
LONG TITLE
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General Description:
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This bill amends provisions in Title 20A, Election Code, that are related to campaign
10
and financial reporting.
11
Highlighted Provisions:
12
This bill:
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. defines terms;
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. requires a county political party to file financial statements;
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. requires a political party to file a statement of dissolution;
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. requires a state political party and a county political party to deposit a contribution
17
in a separate account;
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. amends provisions regarding candidate disqualification for failure to file an interim
19
report;
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. requires a political issue committee to file a financial disclosure report as of five
21
days before the report is due;
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. amends a provision related to legal costs as campaign expenditures;
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. amends a provision relating to a corporation reporting a contract with the state; and
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. makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-1-611, as enacted by Laws of Utah 1993, Chapter 1
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20A-8-402, as last amended by Laws of Utah 1999, Chapter 49
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20A-11-101, as last amended by Laws of Utah 2010, Chapters 197, 246, and 389
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20A-11-103, as last amended by Laws of Utah 2010, Chapter 389
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20A-11-206, as last amended by Laws of Utah 2010, Chapter 389
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20A-11-305, as last amended by Laws of Utah 2010, Chapter 389
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20A-11-701, as last amended by Laws of Utah 2010, Chapters 235 and 389
38
20A-11-802, as last amended by Laws of Utah 2010, Chapters 235 and 389
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20A-11-901, as last amended by Laws of Utah 2010, Chapter 389
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20A-11-1001, as last amended by Laws of Utah 2010, Chapter 389
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20A-11-1305, as last amended by Laws of Utah 2010, Chapter 389
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20A-11-1503, as enacted by Laws of Utah 2010, Chapter 389
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20A-12-303, as last amended by Laws of Utah 2010, Chapter 389
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20A-12-305, as last amended by Laws of Utah 2010, Chapter 389
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ENACTS:
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20A-11-505.7, Utah Code Annotated 1953
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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-11-511, Utah Code Annotated 1953
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20A-11-512, Utah Code Annotated 1953
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20A-11-513, 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-1-611
is amended to read:
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20A-1-611. Cost of defense of action.
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[(1)] Nothing contained in this chapter prevents any candidate from employing counsel
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to represent him in any action or proceeding affecting his rights as a candidate or from paying
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all costs and disbursements arising from that representation.
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[(2) Expenses paid or incurred for that representation may not be considered part of the
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campaign expenses of any candidate.]
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Section 2.
Section
20A-8-402
is amended to read:
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20A-8-402. Political party officers -- Submission of officers to the lieutenant
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governor.
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(1) Each state political party shall:
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(a) designate a party officer to act as liaison with the lieutenant governor's office; and
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(b) within seven days of any change in the party liaison, submit the name of the new
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liaison to the lieutenant governor.
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(2) Each state political party and each county political party shall:
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(a) submit the [names of its officers] name, address, and phone number of each officer
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to the lieutenant governor within seven days after the officers are selected; and
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(b) within seven days of any change in party officers, submit the [names of the new
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officers] name, address, and phone number of each new officer to the lieutenant governor.
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Section 3.
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) "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, state school board candidates, judges, and labor organizations, as defined in
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Section
20A-11-1501
; and
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(b) the county clerk for local school board candidates.
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(5) (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 to the filing 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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or
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(B) any agency or subdivision of the state, including school districts; and
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(vi) goods or services provided to or for the benefit of the filing entity at less than fair
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market value.
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(b) "Contribution" does not include:
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(i) services provided without compensation by individuals volunteering a portion or all
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of their time on behalf of the filing entity;
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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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(6) "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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(7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
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organization that is registered as a corporation or is authorized to do business in a state and
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makes any expenditure from corporate funds for:
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(i) 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
128
proposition.
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(b) "Corporation" does not mean:
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(i) a business organization's political action committee or political issues committee; or
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(ii) a business entity organized as a partnership or a sole proprietorship.
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(8) "County political party" means, for each registered political party, all of the persons
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within a single county who, under definitions established by the political party, are members of
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the registered political party.
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(9) "County political party officer" means a person whose name is required to be
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submitted by a county political party to the lieutenant governor in accordance with Section
137
20A-8-402
.
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[(8)] (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 was disbursed;
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(iii) the specific purpose, item, or service acquired by the expenditure; and
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(iv) the date the expenditure was made.
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[(9)] (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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[(10)] (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 filing entity for personal services rendered by a person
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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 reporting entity to
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candidates for office or officeholders in states other than Utah.
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[(12)] (14) "Filing entity" means the reporting entity that is required to file a financial
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statement required by this chapter or Chapter 12, Part 2, Judicial Retention 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 Chapter 12, Part 2, Judicial
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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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[(20)] (22) "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)] (23) "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 oneself 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; 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)] (24) "Officeholder" means a person who holds a public office.
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[(23)] (25) "Party committee" means any committee organized by or authorized by the
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governing board of a registered political party.
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[(24)] (26) "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, and labor organizations, as defined in Section
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20A-11-1501
.
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[(25)] (27) "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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[(26)] (28) "Personal use expenditure" has the same meaning as provided under Section
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20A-11-104
.
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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 or person seeking election to a municipal or county 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
255
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
271
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
273
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
293
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 or a person seeking a municipal or county office at any caucus,
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political convention, 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.
304
[(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
310
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
314
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
316
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 statement the
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individuals are listed.
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[(37)] (39) "Receipts" means contributions and public service assistance.
327
[(38)] (40) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
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Lobbyist Disclosure and Regulation Act.
329
[(39)] (41) "Registered political action committee" means any political action
330
committee that is required by this chapter to file a statement of organization with the lieutenant
331
governor's office.
332
[(40)] (42) "Registered political issues committee" means any political issues
333
committee that is required by this chapter to file a statement of organization with the lieutenant
334
governor's office.
335
[(41)] (43) "Registered political party" means an organization of voters that:
336
(a) participated in the last regular general election and polled a total vote equal to 2%
337
or more of the total votes cast for all candidates for the United States House of Representatives
338
for any of its candidates for any office; or
339
(b) has complied with the petition and organizing procedures of Chapter 8, Political
340
Party Formation and Procedures.
341
[(42)] (44) (a) "Remuneration" means a payment:
342
(i) made to a legislator for the period the Legislature is in session; and
343
(ii) that is approximately equivalent to an amount a legislator would have earned
344
during the period the Legislature is in session in the legislator's ordinary course of business.
345
(b) "Remuneration" does not mean anything of economic value given to a legislator by:
346
(i) the legislator's primary employer in the ordinary course of business; or
347
(ii) a person or entity in the ordinary course of business:
348
(A) because of the legislator's ownership interest in the entity; or
349
(B) for services rendered by the legislator on behalf of the person or entity.
350
[(43)] (45) "Reporting entity" means a candidate, a candidate's personal campaign
351
committee, a judge, a judge's personal campaign committee, an officeholder, a party
352
committee, a political action committee, a political issues committee, a corporation, or a labor
353
organization, as defined in Section
20A-11-1501
.
354
[(44)] (46) "School board office" means the office of state school board or local school
355
board.
356
[(45)] (47) (a) "Source" means the person or entity that is the legal owner of the
357
tangible or intangible asset that comprises the contribution.
358
(b) "Source" means, for political action committees and corporations, the political
359
action committee and the corporation as entities, not the contributors to the political action
360
committee or the owners or shareholders of the corporation.
361
[(46)] (48) "State office" means the offices of governor, lieutenant governor, attorney
362
general, state auditor, and state treasurer.
363
[(47)] (49) "State office candidate" means a person who:
364
(a) files a declaration of candidacy for a state office; or
365
(b) receives contributions, makes expenditures, or gives consent for any other person to
366
receive contributions or make expenditures to bring about the person's nomination or election
367
to a state office.
368
[(48)] (50) "Summary report" means the year end report containing the summary of a
369
reporting entity's contributions and expenditures.
370
[(49)] (51) "Supervisory board" means the individual or group of individuals that
371
allocate expenditures from a political issues committee.
372
Section 4.
Section
20A-11-103
is amended to read:
373
20A-11-103. Notice of pending interim and summary reports -- Form of
374
submission -- Public availability.
375
(1) (a) Except as provided under Subsection (1)(b), 10 days before an interim report or
376
summary report is due under this chapter or Chapter 12, Part 2, Judicial Retention Elections,
377
the chief election officer shall inform the filing entity by postal mail or, if requested by the
378
filing entity, by electronic mail:
379
(i) that the financial statement is due;
380
(ii) of the date that the financial statement is due; and
381
(iii) of the penalty for failing to file the financial statement.
382
(b) Notwithstanding the provisions of Subsection (1)(a), under this section the chief
383
election officer is not required to provide notice:
384
(i) to a candidate or political party of the financial statement that is due before the
385
candidate's or political party's political convention;
386
(ii) of a financial statement due in connection with a public hearing for an initiative
387
under the requirements of Section
20A-7-204.1
; or
388
(iii) to a corporation or labor organization, as defined in Section
20A-11-1501
.
389
(2) A filing entity shall electronically file a financial statement via electronic mail or
390
the Internet according to specifications established by the chief election officer.
391
(3) A financial statement is considered timely filed if it is received by the chief election
392
officer's office before the close of regular office hours on the date that it is due.
393
(4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
394
Access and Management Act, the lieutenant governor shall:
395
(a) make each campaign finance statement filed by a candidate available for public
396
inspection and copying no later than one business day after the statement is filed; and
397
(b) post an electronic copy or the contents of each financial statement in a searchable
398
format on a website established by the lieutenant governor:
399
(i) for campaign finance statements submitted to the lieutenant governor under the
400
requirements of Section
10-3-208
or Section
17-16-6.5
, no later than seven business days after
401
the date of receipt of the campaign finance statement; or
402
(ii) for a summary report or interim report filed under the requirements of this chapter
403
or Chapter 12, Part 2, Judicial Retention Elections, no later than three business days after the
404
date the [statement] summary report or interim report is electronically filed.
405
(5) If a municipality, under Section
10-3-208
, or a county, under Section
17-16-6.5
,
406
elects to provide campaign finance disclosure on its own website, rather than through the
407
lieutenant governor, the website established by the lieutenant governor shall contain a link or
408
other access point to the municipality or county website.
409
Section 5.
Section
20A-11-206
is amended to read:
410
20A-11-206. State office candidate -- Failure to file reports -- Penalties.
411
(1) (a) If a state office candidate fails to file an interim report due before the regular
412
primary election, on August 31, or before the regular general election, the lieutenant governor
413
shall, after making a reasonable attempt to discover if the report was timely filed:
414
(i) inform the county clerk and other appropriate election officials who:
415
(A) (I) shall, if practicable, remove the name of the candidate from the ballots before
416
the ballots are delivered to voters; or
417
(II) shall, if removing the candidate's name from the ballot is not practicable, inform
418
the voters by any practicable method that the candidate has been disqualified and that votes
419
cast for the candidate will not be counted; and
420
(B) may not count any votes for that candidate; and
421
(ii) impose a fine against the filing entity in accordance with Section
20A-11-1005
.
422
(b) Any state office candidate who fails to file timely a financial statement required by
423
[Section] Subsection
20A-11-204
(1)(b), (c), or (d) is disqualified and the vacancy on the ballot
424
may be filled as provided in Section
20A-1-501
.
425
(c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
426
disqualified and the lieutenant governor may not impose a fine if:
427
(i) the candidate timely files the reports required by this section no later than the due
428
date in accordance with Section
20A-11-103
;
429
(ii) the reports are completed, detailing accurately and completely the information
430
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
431
and
432
(iii) the omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are
433
corrected in:
434
(A) an amended report; or
435
(B) the next scheduled report.
436
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
437
governor shall review each filed summary report to ensure that:
438
(i) each state office candidate that is required to file a summary report has filed one;
439
and
440
(ii) each summary report contains the information required by this part.
441
(b) If it appears that any state office candidate has failed to file the summary report
442
required by law, if it appears that a filed summary report does not conform to the law, or if the
443
lieutenant governor has received a written complaint alleging a violation of the law or the
444
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
445
violation or receipt of a written complaint, notify the state office candidate of the violation or
446
written complaint and direct the state office candidate to file a summary report correcting the
447
problem.
448
(c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
449
report within 14 days after receiving notice from the lieutenant governor under this section.
450
(ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
451
misdemeanor.
452
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
453
attorney general.
454
Section 6.
Section
20A-11-305
is amended to read:
455
20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
456
(1) (a) If a legislative office candidate fails to file an interim report due before the
457
regular primary election, on August 31, or before the regular general election, the lieutenant
458
governor shall, after making a reasonable attempt to discover if the report was timely filed:
459
(i) inform the county clerk and other appropriate election officials who:
460
(A) (I) shall, if practicable, remove the name of the candidate from the ballots before
461
the ballots are delivered to voters; or
462
(II) shall, if removing the candidate's name from the ballot is not practicable, inform
463
the voters by any practicable method that the candidate has been disqualified and that votes
464
cast for the candidate will not be counted; and
465
(B) may not count any votes for that candidate; and
466
(ii) impose a fine against the filing entity in accordance with Section
20A-11-1005
.
467
(b) Any legislative office candidate who fails to file timely a financial statement
468
required by [Section] Subsection
20A-11-303
(1)(b), (c), or (d) is disqualified and the vacancy
469
on the ballot may be filled as provided in Section
20A-1-501
.
470
(c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
471
disqualified and the lieutenant governor may not impose a fine if:
472
(i) the candidate timely files the reports required by this section no later than the due
473
date in accordance with Section
20A-11-103
;
474
(ii) the reports are completed, detailing accurately and completely the information
475
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
476
and
477
(iii) the omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are
478
corrected in:
479
(A) an amended report; or
480
(B) the next scheduled report.
481
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
482
governor shall review each filed summary report to ensure that:
483
(i) each legislative office candidate that is required to file a summary report has filed
484
one; and
485
(ii) each summary report contains the information required by this part.
486
(b) If it appears that any legislative office candidate has failed to file the summary
487
report required by law, if it appears that a filed summary report does not conform to the law, or
488
if the lieutenant governor has received a written complaint alleging a violation of the law or the
489
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
490
violation or receipt of a written complaint, notify the legislative office candidate of the
491
violation or written complaint and direct the legislative office candidate to file a summary
492
report correcting the problem.
493
(c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
494
summary report within 14 days after receiving notice from the lieutenant governor under this
495
section.
496
(ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
497
class B misdemeanor.
498
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
499
attorney general.
500
Section 7.
Section
20A-11-505.7
is enacted to read:
501
20A-11-505.7. Registered political party separate account for contributions.
502
(1) A registered political party shall deposit a contribution received in one or more
503
separate campaign accounts in a financial institution.
504
(2) A registered political party may not deposit or mingle a contribution received into a
505
personal or business account.
506
Section 8.
Section
20A-11-509
is enacted to read:
507
20A-11-509. County political party separate account for contributions.
508
(1) A county political party officer shall deposit a contribution received in one or more
509
separate campaign accounts in a financial institution.
510
(2) A county political party officer may not deposit or mingle a contribution received
511
into a personal or business account.
512
Section 9.
Section
20A-11-510
is enacted to read:
513
20A-11-510. County political party financial reporting requirements -- Year-end
514
summary report.
515
(1) A county political party officer of a county political party that has received
516
contributions totaling at least $750, or disbursed expenditures totaling at least $50, during a
517
calendar year shall file a summary report by January 10 of the following year.
518
(2) (a) Each summary report shall include the following information as of December 31
519
of the previous year:
520
(i) the net balance of the last summary report, if any;
521
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
522
if any, filed during the previous year;
523
(iii) a single figure equal to the total amount of expenditures reported on all interim
524
reports, if any, filed during the previous year;
525
(iv) a detailed listing of each contribution and public service assistance received since
526
the last summary report that has not been reported in detail on an interim report;
527
(v) for each nonmonetary contribution, the fair market value of the contribution;
528
(vi) a detailed listing of each expenditure made since the last summary report that has
529
not been reported in detail on an interim report;
530
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
531
(viii) a net balance for the year consisting of the net balance from the last summary
532
report, if any, plus all receipts minus all expenditures.
533
(b) (i) For all individual contributions or public service assistance of $50 or less, a
534
single aggregate figure may be reported without separate detailed listings.
535
(ii) Two or more contributions from the same source that have an aggregate total of
536
more than $50 may not be reported in the aggregate, but shall be reported separately.
537
(c) In preparing the report, all receipts and expenditures shall be reported as of
538
December 31 of the previous year.
539
(3) The county political party officer shall certify in the summary report that, to the
540
best of the officer's knowledge, all receipts and all expenditures have been reported as of
541
December 31 of the previous year and that there are no bills or obligations outstanding and
542
unpaid except as set forth in that report.
543
Section 10.
Section
20A-11-511
is enacted to read:
544
20A-11-511. County political party financial reporting requirements -- Interim
545
reports.
546
(1) (a) A county political party officer of a county political party that has received
547
contributions totaling at least $750, or disbursed expenditures totaling at least $50, during a
548
calendar year shall file an interim report at the following times in any year in which there is a
549
regular general election:
550
(i) seven days before the county political party's convention;
551
(ii) seven days before the regular primary election date;
552
(iii) August 31; and
553
(iv) seven days before the general election date.
554
(b) A county political party officer need not file an interim report if it received no
555
contributions or made no expenditures during the reporting period.
556
(2) Each interim report shall include the following information:
557
(a) the net balance of the last financial statement, if any;
558
(b) a single figure equal to the total amount of receipts reported on all prior interim
559
reports, if any, during the calendar year in which the interim report is due;
560
(c) a single figure equal to the total amount of expenditures reported on all prior
561
interim reports, if any, filed during the calendar year in which the interim report is due;
562
(d) a detailed listing of each contribution and public service assistance received since
563
the last summary report that has not been reported in detail on a prior interim report;
564
(e) for each nonmonetary contribution, the fair market value of the contribution;
565
(f) a detailed listing of each expenditure made since the last summary report that has
566
not been reported in detail on a prior interim report;
567
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
568
(h) a net balance for the year consisting of the net balance from the last summary
569
report, if any, plus all receipts since the last summary report minus all expenditures since the
570
last summary report; and
571
(i) a summary page in the form required by the lieutenant governor that identifies:
572
(i) beginning balance;
573
(ii) total contributions during the period since the last statement;
574
(iii) total contributions to date;
575
(iv) total expenditures during the period since the last statement; and
576
(v) total expenditures to date.
577
(3) (a) For all individual contributions or public service assistance of $50 or less, a
578
single aggregate figure may be reported without separate detailed listings.
579
(b) Two or more contributions from the same source that have an aggregate total of
580
more than $50 may not be reported in the aggregate, but shall be reported separately.
581
(4) In preparing each interim report, all receipts and expenditures shall be reported as
582
of five days before the required filing date of the report.
583
Section 11.
Section
20A-11-512
is enacted to read:
584
20A-11-512. County political party -- Criminal penalties -- Fines.
585
(1) (a) A county political party officer who fails to file the interim report due before the
586
regular primary election, on August 31, or before the regular general election is:
587
(i) subject to a fine imposed in accordance with Section
20A-11-1005
; and
588
(ii) guilty of a class B misdemeanor.
589
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
590
attorney general.
591
(2) Within 30 days after a deadline for the filing of the January 10 statement required
592
by Section
20A-11-510
, the lieutenant governor shall review each filed statement to ensure
593
that:
594
(a) a county political party officer who is required to file a statement has filed one; and
595
(b) each statement contains the information required by Section
20A-11-510
.
596
(3) If it appears that any county political party officer has failed to file a financial
597
statement, if it appears that a filed financial statement does not conform to the law, or if the
598
lieutenant governor has received a written complaint alleging a violation of the law or the
599
falsity of any financial statement, the lieutenant governor shall, within five days of discovery of
600
a violation or receipt of a written complaint, notify the county political party officer of the
601
violation or written complaint and direct the county political party officer to file a financial
602
statement correcting the problem.
603
(4) (a) It is unlawful for a county political party officer to fail to file or amend a
604
financial statement within 14 days after receiving notice from the lieutenant governor under
605
this section.
606
(b) A county political party officer who violates Subsection (4)(a) is guilty of a class B
607
misdemeanor.
608
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
609
attorney general.
610
Section 12.
Section
20A-11-513
is enacted to read:
611
20A-11-513. Termination of duty to report.
612
(1) A registered political party or county political party is subject to year-end summary
613
reporting requirements until the registered political party or county political party has filed a
614
statement of dissolution with the lieutenant governor stating that:
615
(a) the political party is no longer receiving contributions and is no longer making
616
expenditures;
617
(b) the ending balance on the last summary report filed is zero; and
618
(c) a final summary report in the form required by this part showing a zero balance is
619
filed with the statement of dissolution.
620
(2) A statement of dissolution and a final summary report may be filed at any time.
621
(3) A registered political party or county political party shall continue to file the
622
year-end summary report required by this part until the statement of dissolution and final
623
summary report required by this section are filed with the lieutenant governor.
624
Section 13.
Section
20A-11-701
is amended to read:
625
20A-11-701. Campaign financial reporting by corporations -- Filing requirements
626
-- Statement contents.
627
(1) (a) Each corporation that has made expenditures for political purposes that total at
628
least $750 during a calendar year shall file a verified financial statement with the lieutenant
629
governor's office:
630
(i) on January 10, reporting expenditures as of December 31 of the previous year;
631
(ii) seven days before the regular primary election date;
632
(iii) on August 31; and
633
(iv) seven days before the regular general election date.
634
(b) The corporation shall report:
635
(i) a detailed listing of all expenditures made since the last statement;
636
(ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
637
expenditures as of five days before the required filing date of the financial statement; and
638
(iii) whether the corporation, including an officer[, director, spouse] of the corporation,
639
director of the corporation, or person with at least 10% ownership in the corporation:
640
(A) has bid since the last financial statement on a contract, as defined in Section
641
63G-6-103
, in excess of $100,000;
642
(B) is currently bidding on a contract, as defined in Section
63G-6-103
, in excess of
643
$100,000; or
644
(C) is a party to a contract, as defined in Section
63G-6-103
, in excess of $100,000.
645
(c) The corporation need not file a financial statement under this section if the
646
corporation made no expenditures during the reporting period.
647
(2) The financial statement shall include:
648
(a) the name and address of each reporting entity that received an expenditure from the
649
corporation, and the amount of each expenditure;
650
(b) the total amount of expenditures disbursed by the corporation; and
651
(c) a statement by the corporation's treasurer or chief financial officer certifying the
652
accuracy of the financial statement.
653
Section 14.
Section
20A-11-802
is amended to read:
654
20A-11-802. Political issues committees -- Financial reporting.
655
(1) (a) Each registered political issues committee that has received political issues
656
contributions totaling at least $750, or disbursed political issues expenditures totaling at least
657
$50, during a calendar year, shall file a verified financial statement with the lieutenant
658
governor's office:
659
(i) on January 10, reporting contributions and expenditures as of December 31 of the
660
previous year;
661
(ii) seven days before the date of an incorporation election, if the political issues
662
committee has received donations or made disbursements to affect an incorporation;
663
(iii) at least three days before the first public hearing held as required by Section
664
20A-7-204.1
;
665
(iv) if the political issues committee has received or expended funds in relation to an
666
initiative or referendum, at the time the initiative or referendum sponsors submit:
667
(A) the verified and certified initiative packets as required by Section
20A-7-206
; or
668
(B) the signed and verified referendum packets as required by Section
20A-7-306
;
669
(v) on August 31; and
670
(vi) seven days before the regular general election.
671
(b) The political issues committee shall report:
672
(i) a detailed listing of all contributions received and expenditures made since the last
673
statement; and
674
(ii) [for financial statements filed on August 31 and before the general election,] all
675
contributions and expenditures as of five days before the required filing date of the financial
676
statement, except for a financial statement filed on January 10.
677
(c) The political issues committee need not file a statement under this section if it
678
received no contributions and made no expenditures during the reporting period.
679
(2) (a) That statement shall include:
680
(i) the name and address of any individual that makes a political issues contribution to
681
the reporting political issues committee, and the amount of the political issues contribution;
682
(ii) the identification of any publicly identified class of individuals that makes a
683
political issues contribution to the reporting political issues committee, and the amount of the
684
political issues contribution;
685
(iii) the name and address of any political issues committee, group, or entity that makes
686
a political issues contribution to the reporting political issues committee, and the amount of the
687
political issues contribution;
688
(iv) the name and address of each reporting entity that makes a political issues
689
contribution to the reporting political issues committee, and the amount of the political issues
690
contribution;
691
(v) for each nonmonetary contribution, the fair market value of the contribution;
692
(vi) except as provided in Subsection (2)(c), the name and address of each individual,
693
entity, or group of individuals or entities that received a political issues expenditure of more
694
than $50 from the reporting political issues committee, and the amount of each political issues
695
expenditure;
696
(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
697
(viii) the total amount of political issues contributions received and political issues
698
expenditures disbursed by the reporting political issues committee;
699
(ix) a statement by the political issues committee's treasurer or chief financial officer
700
certifying that, to the best of the person's knowledge, the financial statement is accurate; and
701
(x) a summary page in the form required by the lieutenant governor that identifies:
702
(A) beginning balance;
703
(B) total contributions during the period since the last statement;
704
(C) total contributions to date;
705
(D) total expenditures during the period since the last statement; and
706
(E) total expenditures to date.
707
(b) (i) Political issues contributions received by a political issues committee that have a
708
value of $50 or less need not be reported individually, but shall be listed on the report as an
709
aggregate total.
710
(ii) Two or more political issues contributions from the same source that have an
711
aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
712
separately.
713
(c) When reporting political issue expenditures made to circulators of initiative
714
petitions, the political issues committee:
715
(i) need only report the amount paid to each initiative petition circulator; and
716
(ii) need not report the name or address of the circulator.
717
Section 15.
Section
20A-11-901
is amended to read:
718
20A-11-901. Political advertisements -- Requirement that ads designate
719
responsibility and authorization -- Report to lieutenant governor -- Unauthorized use of
720
endorsements.
721
(1) (a) Whenever any person makes an expenditure for the purpose of financing an
722
advertisement expressly advocating the election or defeat of a clearly identified candidate, or
723
solicits any contribution through any broadcasting station, newspaper, magazine, outdoor
724
advertising facility, direct mailing, or any other type of general public political advertising, the
725
advertisement:
726
(i) if paid for and authorized by a candidate or the candidate's campaign committee,
727
shall clearly state that the advertisement has been paid for by the candidate or the campaign
728
committee;
729
(ii) if paid for by another person but authorized by a candidate or the candidate's
730
campaign committee, shall clearly state who paid for the advertisement and that the candidate
731
or the campaign committee authorized the advertisement; or
732
(iii) if not authorized by a candidate or his campaign committee, shall clearly state the
733
name of the person who paid for the advertisement and state that the advertisement is not
734
authorized by any candidate or candidate's committee.
735
(b) The requirements of Subsection (1)(a) do not apply to:
736
(i) lawn signs with dimensions of four by eight feet or smaller;
737
(ii) bumper stickers;
738
(iii) campaign pins, buttons, and pens; and
739
(iv) similar small items upon which the disclaimer cannot be conveniently printed.
740
(2) (a) A person who pays for an electioneering communication shall file a report with
741
the lieutenant governor within 24 hours of making the payment or entering into a contract to
742
make the payment.
743
(b) The report shall include:
744
(i) the name and [street] address of the person described in Subsection (2)(a);
745
(ii) the name and address of each person contributing at least $100 to the person
746
described in Subsection (2)(a) for the purpose of disseminating the electioneering
747
communication;
748
(iii) the amount spent on the electioneering communication;
749
(iv) the name of the identified referenced candidate; and
750
(v) the medium used to disseminate the electioneering communication.
751
(3) A person may not, in order to promote the success of any candidate for nomination
752
or election to any public office, or in connection with any question submitted to the voters,
753
include or cause to be included the name of any person as endorser or supporter in any political
754
advertisement, circular, poster, or publication without the express consent of that person.
755
(4) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of any
756
newspaper or other periodical to induce him to advocate or oppose editorially any candidate for
757
nomination or election.
758
(b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
759
advocate or oppose editorially any candidate for nomination or election.
760
Section 16.
Section
20A-11-1001
is amended to read:
761
20A-11-1001. Electronic form prepared by chief election officer.
762
The chief election officer shall:
763
(1) develop and prepare an electronic form for all financial statements required by this
764
chapter and Chapter 12, Part 2, Judicial Retention Elections; and
765
(2) provide access to the electronic form to the secretary of every committee, to every
766
candidate, and to all others who request [them] a form.
767
Section 17.
Section
20A-11-1305
is amended to read:
768
20A-11-1305. School board office candidate -- Failure to file statement --
769
Penalties.
770
(1) (a) If a school board office candidate fails to file an interim report due before the
771
regular primary election, on August 31, [and] or before the regular general election, the chief
772
election officer shall, after making a reasonable attempt to discover if the report was timely
773
filed:
774
(i) inform the county clerk and other appropriate election officials who:
775
(A) (I) shall, if practicable, remove the name of the candidate from the ballots before
776
the ballots are delivered to voters; or
777
(II) shall, if removing the candidate's name from the ballot is not practicable, inform
778
the voters by any practicable method that the candidate has been disqualified and that votes
779
cast for candidate will not be counted; and
780
(B) may not count any votes for that candidate; and
781
(ii) impose a fine against the filing entity in accordance with Section
20A-11-1005
.
782
(b) Any school board office candidate who fails to file timely a financial statement
783
required by [this part] Subsection
20A-11-1303
(1)(b), (c), or (d) is disqualified and the vacancy
784
on the ballot may be filled as provided in Section
20A-1-501
.
785
(c) Notwithstanding Subsections (1)(a) and (1)(b), a school board office candidate is
786
not disqualified and the chief election officer may not impose a fine if:
787
(i) the candidate timely files the reports required by this section in accordance with
788
Section
20A-11-103
;
789
(ii) those reports are completed, detailing accurately and completely the information
790
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
791
and
792
(iii) those omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are
793
corrected in:
794
(A) an amended report; or
795
(B) the next scheduled report.
796
(2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
797
for state school board, the lieutenant governor shall review each filed summary report to ensure
798
that:
799
(i) each state school board candidate that is required to file a summary report has filed
800
one; and
801
(ii) each summary report contains the information required by this part.
802
(b) If it appears that any state school board candidate has failed to file the summary
803
report required by law, if it appears that a filed summary report does not conform to the law, or
804
if the lieutenant governor has received a written complaint alleging a violation of the law or the
805
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
806
violation or receipt of a written complaint, notify the state school board candidate of the
807
violation or written complaint and direct the state school board candidate to file a summary
808
report correcting the problem.
809
(c) (i) It is unlawful for any state school board candidate to fail to file or amend a
810
summary report within 14 days after receiving notice from the lieutenant governor under this
811
section.
812
(ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
813
class B misdemeanor.
814
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
815
attorney general.
816
(3) (a) Within 30 days after a deadline for the filing of a summary report, the county
817
clerk shall review each filed summary report to ensure that:
818
(i) each local school board candidate that is required to file a summary report has filed
819
one; and
820
(ii) each summary report contains the information required by this part.
821
(b) If it appears that any local school board candidate has failed to file the summary
822
report required by law, if it appears that a filed summary report does not conform to the law, or
823
if the county clerk has received a written complaint alleging a violation of the law or the falsity
824
of any summary report, the county clerk shall, within five days of discovery of a violation or
825
receipt of a written complaint, notify the local school board candidate of the violation or
826
written complaint and direct the local school board candidate to file a summary report
827
correcting the problem.
828
(c) (i) It is unlawful for any local school board candidate to fail to file or amend a
829
summary report within 14 days after receiving notice from the county clerk under this section.
830
(ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
831
class B misdemeanor.
832
(iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
833
county attorney.
834
Section 18.
Section
20A-11-1503
is amended to read:
835
20A-11-1503. Criminal penalties -- Fines.
836
(1) Within 30 days after a deadline for the filing of [any] a financial statement required
837
by this part, the lieutenant governor shall review each filed financial statement to ensure that:
838
(a) each labor organization that is required to file a financial statement has filed one;
839
and
840
(b) each financial statement contains the information required by this part.
841
(2) If it appears that any labor organization has failed to file [any] a financial statement,
842
if it appears that a filed financial statement does not conform to the law, or if the lieutenant
843
governor has received a written complaint alleging a violation of the law or the falsity of [any]
844
a financial statement, the lieutenant governor shall:
845
(a) impose a fine against the labor organization in accordance with Section
846
20A-11-1005
; and
847
(b) within five days of discovery of a violation or receipt of a written complaint, notify
848
the labor organization of the violation or written complaint and direct the labor organization to
849
file a financial statement correcting the problem.
850
(3) (a) It is unlawful for any labor organization to fail to file or amend a financial
851
statement within 14 days after receiving notice from the lieutenant governor under this section.
852
(b) Each labor organization that violates Subsection (3)(a) is guilty of a class B
853
misdemeanor.
854
(c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
855
attorney general.
856
Section 19.
Section
20A-12-303
is amended to read:
857
20A-12-303. Separate account for campaign funds -- Reporting contributions.
858
(1) The judge or the judge's personal campaign committee shall deposit each
859
contribution in one or more separate personal campaign accounts in a financial institution.
860
(2) The judge or the judge's personal campaign committee may not deposit or mingle
861
any contributions received into a personal or business account.
862
(3) (a) As used in this Subsection (3) and Section
20A-12-305
, "received" means:
863
(i) for a cash contribution, that the cash is given to a judge or the judge's personal
864
campaign committee;
865
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
866
instrument or check is negotiated; and
867
(iii) for any other type of contribution, that any portion of the contribution's benefit
868
inures to the judge.
869
(b) The judge or the judge's personal campaign committee shall report to the lieutenant
870
governor each contribution within 30 days after the contribution is received.
871
Section 20.
Section
20A-12-305
is amended to read:
872
20A-12-305. Judicial retention election candidates -- Financial reporting
873
requirements -- Interim report.
874
(1) The judge's personal campaign committee shall file an interim report with the
875
lieutenant governor before the close of [normal] regular office hours on the date seven days
876
before the regular general election date.
877
(2) Each interim report shall include the following information:
878
(a) a detailed listing of each contribution received since the last financial statement;
879
(b) for each nonmonetary contribution, the fair market value of the contribution;
880
(c) a detailed listing of each expenditure made since the last summary report;
881
(d) for each nonmonetary expenditure, the fair market value of the expenditure; and
882
(e) a net balance for the year consisting of all contributions since the last summary
883
report minus all expenditures since the last summary report.
884
(3) (a) For all individual contributions of $50 or less, a single aggregate figure may be
885
reported without separate detailed listings.
886
(b) Two or more contributions from the same source that have an aggregate total of
887
more than $50 may not be reported in the aggregate, but shall be reported separately.
888
(4) In preparing each interim report, all contributions and expenditures shall be
889
reported as of five days before the required filing date of the report.
890
(5) A negotiable instrument or check received by a judge or the judge's personal
891
campaign committee more than five days before the required filing date of a report required by
892
this section shall be included in the interim report.
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