20A-11-201.   State office candidate -- Separate bank account for campaign funds.
     (1) (a) Each state office candidate or the candidate's personal campaign committee shall deposit each contribution and public service assistance received in one or more separate campaign accounts in a financial institution.
     (b) The state office candidate or the candidate's personal campaign committee may use the monies in those accounts only for political purposes.
     (2) A state office candidate or the candidate's personal campaign committee may not deposit or mingle any contributions received into a personal or business account.
     (3) If a person who is no longer a state office candidate chooses not to expend the monies remaining in a campaign account, the person shall continue to file the year-end summary report required by Section 20A-11-203 until the statement of dissolution and final summary report required by Section 20A-11-205 are filed with the lieutenant governor.
     (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who is no longer a state office candidate may not expend or transfer the monies in a campaign account in a manner that would cause the former state office candidate to recognize the monies as taxable income under federal tax law.
     (b) A person who is no longer a state office candidate may transfer the monies in a campaign account in a manner that would cause the former state office candidate to recognize the monies as taxable income under federal tax law if the transfer is made to a campaign account for federal office.
     (5) (a) As used in this Subsection (5) and Section 20A-11-204, "received" means:
     (i) for a cash contribution, that the cash is given to a state office candidate or a member of the candidate's personal campaign committee;
     (ii) for a contribution that is a negotiable instrument or check, that the negotiable instrument or check is negotiated; and
     (iii) for any other type of contribution, that any portion of the contribution's benefit inures to the state office candidate.
     (b) Each state office candidate shall report each contribution and public service assistance to the lieutenant governor within 30 days after the contribution or public service assistance is received.

Amended by Chapter 227, 2009 General Session
Amended by Chapter 361, 2009 General Session
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Last revised: Thursday, May 28, 2009