S.B. 65

1

ELECTION CODE - FINANCIAL REPORTING
2 REQUIREMENT AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John L. Valentine
6 House Sponsor: Mike K. McKell
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Election Code relating to financial reporting.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires a state office holder, a legislative office holder, and a school board office
15 holder to each file an interim financial report;
16 . requires a political action committee and a political issues committee to each file an
17 interim financial report seven days before the state political convention of each
18 major political party;
19 . provides for a fine and criminal action against a person who violates the provisions
20 of this bill; and
21 . makes clarifying and technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 20A-11-101, as last amended by Laws of Utah 2012, Chapter 230
29 20A-11-103, as last amended by Laws of Utah 2012, Chapter 369
30 20A-11-204, as last amended by Laws of Utah 2011, Chapter 347
31 20A-11-206, as last amended by Laws of Utah 2011, Chapter 396
32 20A-11-303, as last amended by Laws of Utah 2011, Chapter 347
33 20A-11-305, as last amended by Laws of Utah 2011, Chapter 396
34 20A-11-403, as last amended by Laws of Utah 2010, Chapter 389
35 20A-11-602, as last amended by Laws of Utah 2012, Chapters 69 and 230
36 20A-11-802, as last amended by Laws of Utah 2012, Chapters 69 and 230
37 20A-11-1303, as last amended by Laws of Utah 2011, Chapter 347
38 20A-11-1305, as last amended by Laws of Utah 2011, Chapter 396
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 20A-11-101 is amended to read:
42 20A-11-101. Definitions.
43 As used in this chapter:
44 (1) "Address" means the number and street where an individual resides or where a
45 reporting entity has its principal office.
46 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
47 amendments, and any other ballot propositions submitted to the voters that are authorized by
48 the Utah Code Annotated 1953.
49 (3) "Candidate" means any person who:
50 (a) files a declaration of candidacy for a public office; or
51 (b) receives contributions, makes expenditures, or gives consent for any other person to
52 receive contributions or make expenditures to bring about the person's nomination or election
53 to a public office.
54 (4) "Chief election officer" means:
55 (a) the lieutenant governor for state office candidates, legislative office candidates,
56 officeholders, political parties, political action committees, corporations, political issues
57 committees, state school board candidates, judges, and labor organizations, as defined in
58 Section 20A-11-1501 ; and

59 (b) the county clerk for local school board candidates.
60 (5) (a) "Contribution" means any of the following when done for political purposes:
61 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
62 value given to the filing entity;
63 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
64 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
65 anything of value to the filing entity;
66 (iii) any transfer of funds from another reporting entity to the filing entity;
67 (iv) compensation paid by any person or reporting entity other than the filing entity for
68 personal services provided without charge to the filing entity;
69 (v) remuneration from:
70 (A) any organization or its directly affiliated organization that has a registered lobbyist;
71 or
72 (B) any agency or subdivision of the state, including school districts; and
73 (vi) goods or services provided to or for the benefit of the filing entity at less than fair
74 market value.
75 (b) "Contribution" does not include:
76 (i) services provided without compensation by individuals volunteering a portion or all
77 of their time on behalf of the filing entity;
78 (ii) money lent to the filing entity by a financial institution in the ordinary course of
79 business; or
80 (iii) goods or services provided for the benefit of a candidate or political party at less
81 than fair market value that are not authorized by or coordinated with the candidate or political
82 party.
83 (6) "Coordinated with" means that goods or services provided for the benefit of a
84 candidate or political party are provided:
85 (a) with the candidate's or political party's prior knowledge, if the candidate or political
86 party does not object;
87 (b) by agreement with the candidate or political party;
88 (c) in coordination with the candidate or political party; or
89 (d) using official logos, slogans, and similar elements belonging to a candidate or

90 political party.
91 (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
92 organization that is registered as a corporation or is authorized to do business in a state and
93 makes any expenditure from corporate funds for:
94 (i) the purpose of expressly advocating for political purposes; or
95 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
96 proposition.
97 (b) "Corporation" does not mean:
98 (i) a business organization's political action committee or political issues committee; or
99 (ii) a business entity organized as a partnership or a sole proprietorship.
100 (8) "County political party" means, for each registered political party, all of the persons
101 within a single county who, under definitions established by the political party, are members of
102 the registered political party.
103 (9) "County political party officer" means a person whose name is required to be
104 submitted by a county political party to the lieutenant governor in accordance with Section
105 20A-8-402 .
106 (10) "Detailed listing" means:
107 (a) for each contribution or public service assistance:
108 (i) the name and address of the individual or source making the contribution or public
109 service assistance;
110 (ii) the amount or value of the contribution or public service assistance; and
111 (iii) the date the contribution or public service assistance was made; and
112 (b) for each expenditure:
113 (i) the amount of the expenditure;
114 (ii) the person or entity to whom it was disbursed;
115 (iii) the specific purpose, item, or service acquired by the expenditure; and
116 (iv) the date the expenditure was made.
117 (11) "Election" means each:
118 (a) regular general election;
119 (b) regular primary election; and
120 (c) special election at which candidates are eliminated and selected.

121 (12) "Electioneering communication" means a communication that:
122 (a) has at least a value of $10,000;
123 (b) clearly identifies a candidate or judge; and
124 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
125 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
126 identified candidate's or judge's election date.
127 (13) (a) "Expenditure" means:
128 (i) any disbursement from contributions, receipts, or from the separate bank account
129 required by this chapter;
130 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
131 or anything of value made for political purposes;
132 (iii) an express, legally enforceable contract, promise, or agreement to make any
133 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
134 value for political purposes;
135 (iv) compensation paid by a filing entity for personal services rendered by a person
136 without charge to a reporting entity;
137 (v) a transfer of funds between the filing entity and a candidate's personal campaign
138 committee; or
139 (vi) goods or services provided by the filing entity to or for the benefit of another
140 reporting entity for political purposes at less than fair market value.
141 (b) "Expenditure" does not include:
142 (i) services provided without compensation by individuals volunteering a portion or all
143 of their time on behalf of a reporting entity;
144 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
145 business; or
146 (iii) anything listed in Subsection (13)(a) that is given by a reporting entity to
147 candidates for office or officeholders in states other than Utah.
148 (14) "Federal office" means the office of President of the United States, United States
149 Senator, or United States Representative.
150 (15) "Filing entity" means the reporting entity that is required to file a financial
151 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.

152 (16) "Financial statement" includes any summary report, interim report, verified
153 financial statement, or other statement disclosing contributions, expenditures, receipts,
154 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
155 Retention Elections.
156 (17) "Governing board" means the individual or group of individuals that determine the
157 candidates and committees that will receive expenditures from a political action committee,
158 political party, or corporation.
159 (18) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
160 Incorporation, by which a geographical area becomes legally recognized as a city or town.
161 (19) "Incorporation election" means the election authorized by Section 10-2-111 .
162 (20) "Incorporation petition" means a petition authorized by Section 10-2-109 .
163 (21) "Individual" means a natural person.
164 (22) "Interim report" means a report identifying the contributions received and
165 expenditures made since the last report.
166 (23) "Legislative office" means the office of state senator, state representative, speaker
167 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
168 whip of any party caucus in either house of the Legislature.
169 (24) "Legislative office candidate" means a person who:
170 (a) files a declaration of candidacy for the office of state senator or state representative;
171 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
172 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
173 assistant whip of any party caucus in either house of the Legislature; or
174 (c) receives contributions, makes expenditures, or gives consent for any other person to
175 receive contributions or make expenditures to bring about the person's nomination or election
176 to a legislative office.
177 (25) "Major political party" means either of the two political parties that have the
178 greatest number of members elected to the two houses of the Legislature.
179 [(25)] (26) "Officeholder" means a person who holds a public office.
180 [(26)] (27) "Party committee" means any committee organized by or authorized by the
181 governing board of a registered political party.
182 [(27)] (28) "Person" means both natural and legal persons, including individuals,

183 business organizations, personal campaign committees, party committees, political action
184 committees, political issues committees, and labor organizations, as defined in Section
185 20A-11-1501 .
186 [(28)] (29) "Personal campaign committee" means the committee appointed by a
187 candidate to act for the candidate as provided in this chapter.
188 [(29)] (30) "Personal use expenditure" has the same meaning as provided under Section
189 20A-11-104 .
190 [(30)] (31) (a) "Political action committee" means an entity, or any group of
191 individuals or entities within or outside this state, a major purpose of which is to:
192 (i) solicit or receive contributions from any other person, group, or entity for political
193 purposes; or
194 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
195 vote for or against any candidate or person seeking election to a municipal or county office.
196 (b) "Political action committee" includes groups affiliated with a registered political
197 party but not authorized or organized by the governing board of the registered political party
198 that receive contributions or makes expenditures for political purposes.
199 (c) "Political action committee" does not mean:
200 (i) a party committee;
201 (ii) any entity that provides goods or services to a candidate or committee in the regular
202 course of its business at the same price that would be provided to the general public;
203 (iii) an individual;
204 (iv) individuals who are related and who make contributions from a joint checking
205 account;
206 (v) a corporation, except a corporation a major purpose of which is to act as a political
207 action committee; or
208 (vi) a personal campaign committee.
209 [(31)] (32) "Political convention" means a county or state political convention held by
210 a registered political party to select candidates.
211 [(32)] (33) (a) "Political issues committee" means an entity, or any group of individuals
212 or entities within or outside this state, a major purpose of which is to:
213 (i) solicit or receive donations from any other person, group, or entity to assist in

214 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
215 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
216 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
217 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
218 proposed ballot proposition or an incorporation in an incorporation election; or
219 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
220 ballot or to assist in keeping a ballot proposition off the ballot.
221 (b) "Political issues committee" does not mean:
222 (i) a registered political party or a party committee;
223 (ii) any entity that provides goods or services to an individual or committee in the
224 regular course of its business at the same price that would be provided to the general public;
225 (iii) an individual;
226 (iv) individuals who are related and who make contributions from a joint checking
227 account; or
228 (v) a corporation, except a corporation a major purpose of which is to act as a political
229 issues committee.
230 [(33)] (34) (a) "Political issues contribution" means any of the following:
231 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
232 anything of value given to a political issues committee;
233 (ii) an express, legally enforceable contract, promise, or agreement to make a political
234 issues donation to influence the approval or defeat of any ballot proposition;
235 (iii) any transfer of funds received by a political issues committee from a reporting
236 entity;
237 (iv) compensation paid by another reporting entity for personal services rendered
238 without charge to a political issues committee; and
239 (v) goods or services provided to or for the benefit of a political issues committee at
240 less than fair market value.
241 (b) "Political issues contribution" does not include:
242 (i) services provided without compensation by individuals volunteering a portion or all
243 of their time on behalf of a political issues committee; or
244 (ii) money lent to a political issues committee by a financial institution in the ordinary

245 course of business.
246 [(34)] (35) (a) "Political issues expenditure" means any of the following:
247 (i) any payment from political issues contributions made for the purpose of influencing
248 the approval or the defeat of:
249 (A) a ballot proposition; or
250 (B) an incorporation petition or incorporation election;
251 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
252 the express purpose of influencing the approval or the defeat of:
253 (A) a ballot proposition; or
254 (B) an incorporation petition or incorporation election;
255 (iii) an express, legally enforceable contract, promise, or agreement to make any
256 political issues expenditure;
257 (iv) compensation paid by a reporting entity for personal services rendered by a person
258 without charge to a political issues committee; or
259 (v) goods or services provided to or for the benefit of another reporting entity at less
260 than fair market value.
261 (b) "Political issues expenditure" does not include:
262 (i) services provided without compensation by individuals volunteering a portion or all
263 of their time on behalf of a political issues committee; or
264 (ii) money lent to a political issues committee by a financial institution in the ordinary
265 course of business.
266 [(35)] (36) "Political purposes" means an act done with the intent or in a way to
267 influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
268 for or against any candidate or a person seeking a municipal or county office at any caucus,
269 political convention, or election.
270 [(36)] (37) "Primary election" means any regular primary election held under the
271 election laws.
272 [(37)] (38) "Public office" means the office of governor, lieutenant governor, state
273 auditor, state treasurer, attorney general, state or local school board member, state senator, state
274 representative, speaker of the House of Representatives, president of the Senate, and the leader,
275 whip, and assistant whip of any party caucus in either house of the Legislature.

276 [(38)] (39) (a) "Public service assistance" means the following when given or provided
277 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
278 communicate with the officeholder's constituents:
279 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
280 money or anything of value to an officeholder; or
281 (ii) goods or services provided at less than fair market value to or for the benefit of the
282 officeholder.
283 (b) "Public service assistance" does not include:
284 (i) anything provided by the state;
285 (ii) services provided without compensation by individuals volunteering a portion or all
286 of their time on behalf of an officeholder;
287 (iii) money lent to an officeholder by a financial institution in the ordinary course of
288 business;
289 (iv) news coverage or any publication by the news media; or
290 (v) any article, story, or other coverage as part of any regular publication of any
291 organization unless substantially all the publication is devoted to information about the
292 officeholder.
293 [(39)] (40) "Publicly identified class of individuals" means a group of 50 or more
294 individuals sharing a common occupation, interest, or association that contribute to a political
295 action committee or political issues committee and whose names can be obtained by contacting
296 the political action committee or political issues committee upon whose financial statement the
297 individuals are listed.
298 [(40)] (41) "Receipts" means contributions and public service assistance.
299 [(41)] (42) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
300 Lobbyist Disclosure and Regulation Act.
301 [(42)] (43) "Registered political action committee" means any political action
302 committee that is required by this chapter to file a statement of organization with the lieutenant
303 governor's office.
304 [(43)] (44) "Registered political issues committee" means any political issues
305 committee that is required by this chapter to file a statement of organization with the lieutenant
306 governor's office.

307 [(44)] (45) "Registered political party" means an organization of voters that:
308 (a) participated in the last regular general election and polled a total vote equal to 2%
309 or more of the total votes cast for all candidates for the United States House of Representatives
310 for any of its candidates for any office; or
311 (b) has complied with the petition and organizing procedures of Chapter 8, Political
312 Party Formation and Procedures.
313 [(45)] (46) (a) "Remuneration" means a payment:
314 (i) made to a legislator for the period the Legislature is in session; and
315 (ii) that is approximately equivalent to an amount a legislator would have earned
316 during the period the Legislature is in session in the legislator's ordinary course of business.
317 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
318 (i) the legislator's primary employer in the ordinary course of business; or
319 (ii) a person or entity in the ordinary course of business:
320 (A) because of the legislator's ownership interest in the entity; or
321 (B) for services rendered by the legislator on behalf of the person or entity.
322 [(46)] (47) "Reporting entity" means a candidate, a candidate's personal campaign
323 committee, a judge, a judge's personal campaign committee, an officeholder, a party
324 committee, a political action committee, a political issues committee, a corporation, or a labor
325 organization, as defined in Section 20A-11-1501 .
326 [(47)] (48) "School board office" means the office of state school board or local school
327 board.
328 [(48)] (49) (a) "Source" means the person or entity that is the legal owner of the
329 tangible or intangible asset that comprises the contribution.
330 (b) "Source" means, for political action committees and corporations, the political
331 action committee and the corporation as entities, not the contributors to the political action
332 committee or the owners or shareholders of the corporation.
333 [(49)] (50) "State office" means the offices of governor, lieutenant governor, attorney
334 general, state auditor, and state treasurer.
335 [(50)] (51) "State office candidate" means a person who:
336 (a) files a declaration of candidacy for a state office; or
337 (b) receives contributions, makes expenditures, or gives consent for any other person to

338 receive contributions or make expenditures to bring about the person's nomination or election
339 to a state office.
340 [(51)] (52) "Summary report" means the year end report containing the summary of a
341 reporting entity's contributions and expenditures.
342 [(52)] (53) "Supervisory board" means the individual or group of individuals that
343 allocate expenditures from a political issues committee.
344 Section 2. Section 20A-11-103 is amended to read:
345 20A-11-103. Notice of pending interim and summary reports -- Form of
346 submission -- Public availability.
347 (1) (a) Except as provided under Subsection (1)(b), 10 days before an interim report or
348 summary report is due under this chapter or Chapter 12, Part 2, Judicial Retention Elections,
349 the chief election officer shall inform the filing entity by postal mail or, if requested by the
350 filing entity, by electronic mail:
351 (i) that the financial statement is due;
352 (ii) of the date that the financial statement is due; and
353 (iii) of the penalty for failing to file the financial statement.
354 (b) The chief election officer is not required to provide notice:
355 (i) to a candidate or political party of the financial statement that is due before the
356 candidate's or political party's political convention;
357 (ii) of a financial statement due in connection with a public hearing for an initiative
358 under the requirements of Section 20A-7-204.1 ; [or]
359 (iii) to a corporation or labor organization, as defined in Section 20A-11-1501 [.]; or
360 (iv) of the requirement for an officeholder to file an interim report under Subsection
361 20A-11-204 (1)(c), 20A-11-303 (1)(c), or 20A-11-1303 (1)(c).
362 (2) A filing entity shall electronically file a financial statement via electronic mail or
363 the Internet according to specifications established by the chief election officer.
364 (3) (a) A financial statement is considered timely filed if it is received by the chief
365 election officer's office before the close of regular office hours on the date that it is due.
366 (b) A chief election officer may extend the time in which a filing entity is required to
367 file a financial statement if a filing entity notifies the chief election officer of the existence of
368 an extenuating circumstance that is outside the control of the filing entity.

369 (4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
370 Access and Management Act, the lieutenant governor shall:
371 (a) make each campaign finance statement filed by a candidate available for public
372 inspection and copying no later than one business day after the statement is filed; and
373 (b) post an electronic copy or the contents of each financial statement in a searchable
374 format on a website established by the lieutenant governor:
375 (i) for campaign finance statements submitted to the lieutenant governor under the
376 requirements of Section 10-3-208 or Section 17-16-6.5 , no later than seven business days after
377 the date of receipt of the campaign finance statement; or
378 (ii) for a summary report or interim report filed under the requirements of this chapter
379 or Chapter 12, Part 2, Judicial Retention Elections, no later than three business days after the
380 date the summary report or interim report is electronically filed.
381 (5) If a municipality, under Section 10-3-208 , or a county, under Section 17-16-6.5 ,
382 elects to provide campaign finance disclosure on its own website, rather than through the
383 lieutenant governor, the website established by the lieutenant governor shall contain a link or
384 other access point to the municipality or county website.
385 Section 3. Section 20A-11-204 is amended to read:
386 20A-11-204. State office candidate and state office holder -- Financial reporting
387 requirements -- Interim reports.
388 (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
389 account required under Subsection 20A-11-201 (1)(a).
390 [(1)] (b) Each state office candidate shall file an interim report at the following times in
391 any year in which the candidate has filed a declaration of candidacy for a public office:
392 [(a)] (i) seven days before the candidate's political convention;
393 [(b)] (ii) seven days before the regular primary election date;
394 [(c)] (iii) August 31; and
395 [(d)] (iv) seven days before the regular general election date.
396 (c) Each state office holder shall, in an even year, file an interim report at the following
397 times, regardless of whether an election for the state office holder's office is held that year:
398 (i) seven days before the political convention for the political party of the state office
399 holder;

400 (ii) seven days before the regular primary election date for that year;
401 (iii) August 31; and
402 (iv) seven days before the regular general election date.
403 (2) Each interim report shall include the following information:
404 (a) the net balance of the last summary report, if any;
405 (b) a single figure equal to the total amount of receipts reported on all prior interim
406 reports, if any, during the calendar year in which the interim report is due;
407 (c) a single figure equal to the total amount of expenditures reported on all prior
408 interim reports, if any, filed during the calendar year in which the interim report is due;
409 (d) a detailed listing of each contribution and public service assistance received since
410 the last summary report that has not been reported in detail on a prior interim report;
411 (e) for each nonmonetary contribution:
412 (i) the fair market value of the contribution with that information provided by the
413 contributor; and
414 (ii) a specific description of the contribution;
415 (f) a detailed listing of each expenditure made since the last summary report that has
416 not been reported in detail on a prior interim report;
417 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
418 (h) a net balance for the year consisting of the net balance from the last summary
419 report, if any, plus all receipts since the last summary report minus all expenditures since the
420 last summary report;
421 (i) a summary page in the form required by the lieutenant governor that identifies:
422 (i) beginning balance;
423 (ii) total contributions during the period since the last statement;
424 (iii) total contributions to date;
425 (iv) total expenditures during the period since the last statement; and
426 (v) total expenditures to date; and
427 (j) the name of a political action committee for which the state office candidate or state
428 office holder is designated as an officer who has primary decision-making authority under
429 Section 20A-11-601 .
430 (3) (a) For all individual contributions or public service assistance of $50 or less, a

431 single aggregate figure may be reported without separate detailed listings.
432 (b) Two or more contributions from the same source that have an aggregate total of
433 more than $50 may not be reported in the aggregate, but shall be reported separately.
434 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
435 as of five days before the required filing date of the report.
436 (b) Any negotiable instrument or check received by a state office candidate or state
437 office holder more than five days before the required filing date of a report required by this
438 section shall be included in the interim report.
439 Section 4. Section 20A-11-206 is amended to read:
440 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
441 (1) (a) If a state office candidate fails to file an interim report due before the regular
442 primary election, on August 31, or before the regular general election, the lieutenant governor
443 shall, after making a reasonable attempt to discover if the report was timely filed:
444 (i) inform the county clerk and other appropriate election officials who:
445 (A) (I) shall, if practicable, remove the name of the candidate from the ballots before
446 the ballots are delivered to voters; or
447 (II) shall, if removing the candidate's name from the ballot is not practicable, inform
448 the voters by any practicable method that the candidate has been disqualified and that votes
449 cast for the candidate will not be counted; and
450 (B) may not count any votes for that candidate; and
451 (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005 .
452 (b) Any state office candidate who fails to file timely a financial statement required by
453 Subsection 20A-11-204 (1)(b)[, (c), or (d)](ii), (iii), or (iv) is disqualified and the vacancy on
454 the ballot may be filled as provided in Section 20A-1-501 .
455 (c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
456 disqualified and the lieutenant governor may not impose a fine if:
457 (i) the candidate timely files the reports required by this section no later than the due
458 date in accordance with Section 20A-11-103 ;
459 (ii) the reports are completed, detailing accurately and completely the information
460 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
461 and

462 (iii) the omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are
463 corrected in:
464 (A) an amended report; or
465 (B) the next scheduled report.
466 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
467 governor shall review each filed summary report to ensure that:
468 (i) each state office candidate that is required to file a summary report has filed one;
469 and
470 (ii) each summary report contains the information required by this part.
471 (b) If it appears that any state office candidate has failed to file the summary report
472 required by law, if it appears that a filed summary report does not conform to the law, or if the
473 lieutenant governor has received a written complaint alleging a violation of the law or the
474 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
475 violation or receipt of a written complaint, notify the state office candidate of the violation or
476 written complaint and direct the state office candidate to file a summary report correcting the
477 problem.
478 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
479 report within 14 days after receiving notice from the lieutenant governor under this section.
480 (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
481 misdemeanor.
482 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
483 attorney general.
484 Section 5. Section 20A-11-303 is amended to read:
485 20A-11-303. Legislative office candidate and legislative office holder -- Financial
486 reporting requirements -- Interim reports.
487 (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
488 account required under Subsection 20A-11-301 (1)(a)(i).
489 [(1)] (b) Each legislative office candidate shall file an interim report at the following
490 times in any year in which the candidate has filed a declaration of candidacy for a public office:
491 [(a)] (i) seven days before the candidate's political convention;
492 [(b)] (ii) seven days before the regular primary election date;

493 [(c)] (iii) August 31; and
494 [(d)] (iv) seven days before the regular general election date.
495 (c) Each legislative office holder shall, in an even year, file an interim report at the
496 following times, regardless of whether an election for the legislative office holder's office is
497 held that year:
498 (i) seven days before the political convention for the political party of the legislative
499 office holder;
500 (ii) seven days before the regular primary election date for that year;
501 (iii) August 31; and
502 (iv) seven days before the regular general election date.
503 (2) Each interim report shall include the following information:
504 (a) the net balance of the last summary report, if any;
505 (b) a single figure equal to the total amount of receipts reported on all prior interim
506 reports, if any, during the calendar year in which the interim report is due;
507 (c) a single figure equal to the total amount of expenditures reported on all prior
508 interim reports, if any, filed during the calendar year in which the interim report is due;
509 (d) a detailed listing of each contribution and public service assistance received since
510 the last summary report that has not been reported in detail on a prior interim report;
511 (e) for each nonmonetary contribution:
512 (i) the fair market value of the contribution with that information provided by the
513 contributor; and
514 (ii) a specific description of the contribution;
515 (f) a detailed listing of each expenditure made since the last summary report that has
516 not been reported in detail on a prior interim report;
517 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
518 (h) a net balance for the year consisting of the net balance from the last summary
519 report, if any, plus all receipts since the last summary report minus all expenditures since the
520 last summary report;
521 (i) a summary page in the form required by the lieutenant governor that identifies:
522 (i) beginning balance;
523 (ii) total contributions during the period since the last statement;

524 (iii) total contributions to date;
525 (iv) total expenditures during the period since the last statement; and
526 (v) total expenditures to date; and
527 (j) the name of a political action committee for which the legislative office candidate or
528 legislative office holder is designated as an officer who has primary decision-making authority
529 under Section 20A-11-601 .
530 (3) (a) For all individual contributions or public service assistance of $50 or less, a
531 single aggregate figure may be reported without separate detailed listings.
532 (b) Two or more contributions from the same source that have an aggregate total of
533 more than $50 may not be reported in the aggregate, but shall be reported separately.
534 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
535 as of five days before the required filing date of the report.
536 (b) Any negotiable instrument or check received by a legislative office candidate or
537 legislative office holder more than five days before the required filing date of a report required
538 by this section shall be included in the interim report.
539 Section 6. Section 20A-11-305 is amended to read:
540 20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
541 (1) (a) If a legislative office candidate fails to file an interim report due before the
542 regular primary election, on August 31, or before the regular general election, the lieutenant
543 governor shall, after making a reasonable attempt to discover if the report was timely filed:
544 (i) inform the county clerk and other appropriate election officials who:
545 (A) (I) shall, if practicable, remove the name of the candidate from the ballots before
546 the ballots are delivered to voters; or
547 (II) shall, if removing the candidate's name from the ballot is not practicable, inform
548 the voters by any practicable method that the candidate has been disqualified and that votes
549 cast for the candidate will not be counted; and
550 (B) may not count any votes for that candidate; and
551 (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005 .
552 (b) Any legislative office candidate who fails to file timely a financial statement
553 required by Subsection 20A-11-303 (1)(b)[, (c), or (d)](ii), (iii), or (iv) is disqualified and the
554 vacancy on the ballot may be filled as provided in Section 20A-1-501 .

555 (c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
556 disqualified and the lieutenant governor may not impose a fine if:
557 (i) the candidate timely files the reports required by this section no later than the due
558 date in accordance with Section 20A-11-103 ;
559 (ii) the reports are completed, detailing accurately and completely the information
560 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
561 and
562 (iii) the omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are
563 corrected in:
564 (A) an amended report; or
565 (B) the next scheduled report.
566 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
567 governor shall review each filed summary report to ensure that:
568 (i) each legislative office candidate that is required to file a summary report has filed
569 one; and
570 (ii) each summary report contains the information required by this part.
571 (b) If it appears that any legislative office candidate has failed to file the summary
572 report required by law, if it appears that a filed summary report does not conform to the law, or
573 if the lieutenant governor has received a written complaint alleging a violation of the law or the
574 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
575 violation or receipt of a written complaint, notify the legislative office candidate of the
576 violation or written complaint and direct the legislative office candidate to file a summary
577 report correcting the problem.
578 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
579 summary report within 14 days after receiving notice from the lieutenant governor under this
580 section.
581 (ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
582 class B misdemeanor.
583 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
584 attorney general.
585 Section 7. Section 20A-11-403 is amended to read:

586 20A-11-403. Failure to file -- Penalties.
587 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
588 governor shall review each filed summary report to ensure that:
589 (a) each officeholder that is required to file a summary report has filed one; and
590 (b) each summary report contains the information required by this part.
591 (2) If it appears that any officeholder has failed to file the summary report required by
592 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
593 governor has received a written complaint alleging a violation of the law or the falsity of any
594 summary report, the lieutenant governor shall, if the lieutenant governor determines that a
595 violation has occurred:
596 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005 ; and
597 (b) within five days of discovery of a violation or receipt of a written complaint, notify
598 the officeholder of the violation or written complaint and direct the officeholder to file a
599 summary report correcting the problem.
600 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
601 within 14 days after receiving notice from the lieutenant governor under this section.
602 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
603 misdemeanor.
604 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
605 attorney general.
606 (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
607 under Subsection 20A-11-204 (1)(c), 20A-11-303 (1)(c), or 20A-11-1303 (1)(c), the lieutenant
608 governor shall review each filed interim report to ensure that each interim report contains the
609 information required for the report.
610 (5) If it appears that any officeholder has failed to file an interim report required by
611 law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
612 governor has received a written complaint alleging a violation of the law or the falsity of any
613 interim report, the lieutenant governor shall, if the lieutenant governor determines that a
614 violation has occurred:
615 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005 ; and
616 (b) within five days after the day on which the violation is discovered or a written

617 complaint is received, notify the officeholder of the violation or written complaint and direct
618 the officeholder to file an interim report correcting the problem.
619 (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
620 within 14 days after the day on which the officeholder receives notice from the lieutenant
621 governor under this section.
622 (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
623 misdemeanor.
624 (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
625 attorney general.
626 Section 8. Section 20A-11-602 is amended to read:
627 20A-11-602. Political action committees -- Financial reporting.
628 (1) (a) Each registered political action committee that has received contributions
629 totaling at least $750, or disbursed expenditures totaling at least $50, during a calendar year
630 shall file a verified financial statement with the lieutenant governor's office:
631 (i) on January 10, reporting contributions and expenditures as of December 31 of the
632 previous year;
633 (ii) seven days before the state political convention of each major political party;
634 [(ii)] (iii) seven days before the regular primary election date;
635 [(iii)] (iv) on August 31; and
636 [(iv)] (v) seven days before:
637 (A) the municipal general election; and
638 (B) the regular general election date.
639 (b) The registered political action committee shall report:
640 (i) a detailed listing of all contributions received and expenditures made since the last
641 statement; and
642 (ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
643 contributions and expenditures as of five days before the required filing date of the financial
644 statement.
645 (c) The registered political action committee need not file a statement under this
646 section if it received no contributions and made no expenditures during the reporting period.
647 (2) (a) The verified financial statement shall include:

648 (i) the name and address of any individual that makes a contribution to the reporting
649 political action committee, and the amount of the contribution;
650 (ii) the identification of any publicly identified class of individuals that makes a
651 contribution to the reporting political action committee, and the amount of the contribution;
652 (iii) the name and address of any political action committee, group, or entity that makes
653 a contribution to the reporting political action committee, and the amount of the contribution;
654 (iv) for each nonmonetary contribution, the fair market value of the contribution;
655 (v) the name and address of each reporting entity that received an expenditure from the
656 reporting political action committee, and the amount of each expenditure;
657 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
658 (vii) the total amount of contributions received and expenditures disbursed by the
659 reporting political action committee;
660 (viii) a statement by the political action committee's treasurer or chief financial officer
661 certifying that, to the best of the person's knowledge, the financial report is accurate; and
662 (ix) a summary page in the form required by the lieutenant governor that identifies:
663 (A) beginning balance;
664 (B) total contributions during the period since the last statement;
665 (C) total contributions to date;
666 (D) total expenditures during the period since the last statement; and
667 (E) total expenditures to date.
668 (b) (i) Contributions received by a political action committee that have a value of $50
669 or less need not be reported individually, but shall be listed on the report as an aggregate total.
670 (ii) Two or more contributions from the same source that have an aggregate total of
671 more than $50 may not be reported in the aggregate, but shall be reported separately.
672 (3) A group or entity may not divide or separate into units, sections, or smaller groups
673 for the purpose of avoiding the financial reporting requirements of this chapter, and substance
674 shall prevail over form in determining the scope or size of a political action committee.
675 (4) (a) As used in this Subsection (4), "received" means:
676 (i) for a cash contribution, that the cash is given to a political action committee;
677 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
678 instrument or check is negotiated; and

679 (iii) for any other type of contribution, that any portion of the contribution's benefit
680 inures to the political action committee.
681 (b) A political action committee shall report each contribution to the lieutenant
682 governor within 30 days after the contribution is received.
683 Section 9. Section 20A-11-802 is amended to read:
684 20A-11-802. Political issues committees -- Financial reporting.
685 (1) (a) Each registered political issues committee that has received political issues
686 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
687 $50, during a calendar year, shall file a verified financial statement with the lieutenant
688 governor's office:
689 (i) on January 10, reporting contributions and expenditures as of December 31 of the
690 previous year;
691 (ii) seven days before the state political convention of each major political party;
692 [(ii)] (iii) seven days before the date of an incorporation election, if the political issues
693 committee has received donations or made disbursements to affect an incorporation;
694 [(iii)] (iv) at least three days before the first public hearing held as required by Section
695 20A-7-204.1 ;
696 [(iv)] (v) if the political issues committee has received or expended funds in relation to
697 an initiative or referendum, at the time the initiative or referendum sponsors submit:
698 (A) the verified and certified initiative packets as required by Section 20A-7-206 ; or
699 (B) the signed and verified referendum packets as required by Section 20A-7-306 ;
700 [(v)] (vi) on August 31; and
701 [(vi)] (vii) seven days before:
702 (A) the municipal general election; and
703 (B) the regular general election.
704 (b) The political issues committee shall report:
705 (i) a detailed listing of all contributions received and expenditures made since the last
706 statement; and
707 (ii) all contributions and expenditures as of five days before the required filing date of
708 the financial statement, except for a financial statement filed on January 10.
709 (c) The political issues committee need not file a statement under this section if it

710 received no contributions and made no expenditures during the reporting period.
711 (2) (a) That statement shall include:
712 (i) the name and address of any individual that makes a political issues contribution to
713 the reporting political issues committee, and the amount of the political issues contribution;
714 (ii) the identification of any publicly identified class of individuals that makes a
715 political issues contribution to the reporting political issues committee, and the amount of the
716 political issues contribution;
717 (iii) the name and address of any political issues committee, group, or entity that makes
718 a political issues contribution to the reporting political issues committee, and the amount of the
719 political issues contribution;
720 (iv) the name and address of each reporting entity that makes a political issues
721 contribution to the reporting political issues committee, and the amount of the political issues
722 contribution;
723 (v) for each nonmonetary contribution, the fair market value of the contribution;
724 (vi) except as provided in Subsection (2)(c), the name and address of each individual,
725 entity, or group of individuals or entities that received a political issues expenditure of more
726 than $50 from the reporting political issues committee, and the amount of each political issues
727 expenditure;
728 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
729 (viii) the total amount of political issues contributions received and political issues
730 expenditures disbursed by the reporting political issues committee;
731 (ix) a statement by the political issues committee's treasurer or chief financial officer
732 certifying that, to the best of the person's knowledge, the financial statement is accurate; and
733 (x) a summary page in the form required by the lieutenant governor that identifies:
734 (A) beginning balance;
735 (B) total contributions during the period since the last statement;
736 (C) total contributions to date;
737 (D) total expenditures during the period since the last statement; and
738 (E) total expenditures to date.
739 (b) (i) Political issues contributions received by a political issues committee that have a
740 value of $50 or less need not be reported individually, but shall be listed on the report as an

741 aggregate total.
742 (ii) Two or more political issues contributions from the same source that have an
743 aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
744 separately.
745 (c) When reporting political issue expenditures made to circulators of initiative
746 petitions, the political issues committee:
747 (i) need only report the amount paid to each initiative petition circulator; and
748 (ii) need not report the name or address of the circulator.
749 (3) (a) As used in this Subsection (3), "received" means:
750 (i) for a cash contribution, that the cash is given to a political issues committee;
751 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
752 instrument or check is negotiated; and
753 (iii) for any other type of contribution, that any portion of the contribution's benefit
754 inures to the political issues committee.
755 (b) A political issues committee shall report each contribution to the lieutenant
756 governor within 30 days after the contribution is received.
757 Section 10. Section 20A-11-1303 is amended to read:
758 20A-11-1303. School board office candidate and school board office holder --
759 Financial reporting requirements -- Interim reports.
760 (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
761 account required under Subsection 20A-11-1301 (1)(a)(i).
762 [(1)] (b) Each school board office candidate shall file an interim report at the following
763 times in any year in which the candidate has filed a declaration of candidacy for a public office:
764 [(a)] (i) May 15, for a state school board office [candidates] candidate;
765 [(b)] (ii) seven days before the regular primary election date;
766 [(c)] (iii) August 31; and
767 [(d)] (iv) seven days before the regular general election date.
768 (c) Each school board office holder shall, in an even year, file an interim report at the
769 following times, regardless of whether an election for the school board office holder's office is
770 held that year:
771 (i) May 15, for a state school board office holder;

772 (ii) seven days before the regular primary election date for that year;
773 (iii) August 31; and
774 (iv) seven days before the regular general election date.
775 (2) Each interim report shall include the following information:
776 (a) the net balance of the last summary report, if any;
777 (b) a single figure equal to the total amount of receipts reported on all prior interim
778 reports, if any, during the calendar year in which the interim report is due;
779 (c) a single figure equal to the total amount of expenditures reported on all prior
780 interim reports, if any, filed during the calendar year in which the interim report is due;
781 (d) a detailed listing of each contribution and public service assistance received since
782 the last summary report that has not been reported in detail on a prior interim report;
783 (e) for each nonmonetary contribution:
784 (i) the fair market value of the contribution with that information provided by the
785 contributor; and
786 (ii) a specific description of the contribution;
787 (f) a detailed listing of each expenditure made since the last summary report that has
788 not been reported in detail on a prior interim report;
789 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
790 (h) a net balance for the year consisting of the net balance from the last summary
791 report, if any, plus all receipts since the last summary report minus all expenditures since the
792 last summary report;
793 (i) a summary page in the form required by the lieutenant governor that identifies:
794 (i) beginning balance;
795 (ii) total contributions during the period since the last statement;
796 (iii) total contributions to date;
797 (iv) total expenditures during the period since the last statement; and
798 (v) total expenditures to date; and
799 (j) the name of a political action committee for which the school board office candidate
800 or school board office holder is designated as an officer who has primary decision-making
801 authority under Section 20A-11-601 .
802 (3) (a) For all individual contributions or public service assistance of $50 or less, a

803 single aggregate figure may be reported without separate detailed listings.
804 (b) Two or more contributions from the same source that have an aggregate total of
805 more than $50 may not be reported in the aggregate, but shall be reported separately.
806 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
807 as of five days before the required filing date of the report.
808 (b) Any negotiable instrument or check received by a school board office candidate or
809 school board office holder more than five days before the required filing date of a report
810 required by this section shall be included in the interim report.
811 Section 11. Section 20A-11-1305 is amended to read:
812 20A-11-1305. School board office candidate -- Failure to file statement --
813 Penalties.
814 (1) (a) If a school board office candidate fails to file an interim report due before the
815 regular primary election, on August 31, or before the regular general election, the chief election
816 officer shall, after making a reasonable attempt to discover if the report was timely filed:
817 (i) inform the county clerk and other appropriate election officials who:
818 (A) (I) shall, if practicable, remove the name of the candidate from the ballots before
819 the ballots are delivered to voters; or
820 (II) shall, if removing the candidate's name from the ballot is not practicable, inform
821 the voters by any practicable method that the candidate has been disqualified and that votes
822 cast for candidate will not be counted; and
823 (B) may not count any votes for that candidate; and
824 (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005 .
825 (b) Any school board office candidate who fails to file timely a financial statement
826 required by Subsection 20A-11-1303 (1)(b)[, (c), or (d)](ii), (iii), or (iv) is disqualified and the
827 vacancy on the ballot may be filled as provided in Section 20A-1-501 .
828 (c) Notwithstanding Subsections (1)(a) and (1)(b), a school board office candidate is
829 not disqualified and the chief election officer may not impose a fine if:
830 (i) the candidate timely files the reports required by this section in accordance with
831 Section 20A-11-103 ;
832 (ii) those reports are completed, detailing accurately and completely the information
833 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;

834 and
835 (iii) those omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are
836 corrected in:
837 (A) an amended report; or
838 (B) the next scheduled report.
839 (2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
840 for state school board, the lieutenant governor shall review each filed summary report to ensure
841 that:
842 (i) each state school board candidate that is required to file a summary report has filed
843 one; and
844 (ii) each summary report contains the information required by this part.
845 (b) If it appears that any state school board candidate has failed to file the summary
846 report required by law, if it appears that a filed summary report does not conform to the law, or
847 if the lieutenant governor has received a written complaint alleging a violation of the law or the
848 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
849 violation or receipt of a written complaint, notify the state school board candidate of the
850 violation or written complaint and direct the state school board candidate to file a summary
851 report correcting the problem.
852 (c) (i) It is unlawful for any state school board candidate to fail to file or amend a
853 summary report within 14 days after receiving notice from the lieutenant governor under this
854 section.
855 (ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
856 class B misdemeanor.
857 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
858 attorney general.
859 (3) (a) Within 30 days after a deadline for the filing of a summary report, the county
860 clerk shall review each filed summary report to ensure that:
861 (i) each local school board candidate that is required to file a summary report has filed
862 one; and
863 (ii) each summary report contains the information required by this part.
864 (b) If it appears that any local school board candidate has failed to file the summary

865 report required by law, if it appears that a filed summary report does not conform to the law, or
866 if the county clerk has received a written complaint alleging a violation of the law or the falsity
867 of any summary report, the county clerk shall, within five days of discovery of a violation or
868 receipt of a written complaint, notify the local school board candidate of the violation or
869 written complaint and direct the local school board candidate to file a summary report
870 correcting the problem.
871 (c) (i) It is unlawful for any local school board candidate to fail to file or amend a
872 summary report within 14 days after receiving notice from the county clerk under this section.
873 (ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
874 class B misdemeanor.
875 (iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
876 county attorney.




Legislative Review Note
as of 1-4-13 8:29 AM

Office of Legislative Research and General Counsel

[Bill Documents]