Third Substitute S.B. 81

1

ELECTION LAW - CAMPAIGN FINANCE
2 REPORTING REQUIREMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Buhler
6 AN ACT RELATING TO ELECTION LAW; MODIFYING DEFINITIONS; MODIFYING
7 CAMPAIGN CONTRIBUTION AND REPORTING REQUIREMENTS; ADDING
8 CAMPAIGN REPORTING REQUIREMENTS FOR STATE AND LOCAL SCHOOL
9 BOARD CANDIDATES; CLARIFYING REQUIREMENTS CONNECTED WITH
10 CAMPAIGN ACCOUNTS AND REPORTING REQUIREMENTS; MODIFYING
11 PENALTIES AND PROCEDURES RELATING TO FAILURE TO FILE TIMELY
12 CAMPAIGN FINANCIAL REPORTS; ESTABLISHING CERTAIN PENALTIES; AND
13 MAKING TECHNICAL CORRECTIONS.
14 This act affects sections of Utah Code Annotated 1953 as follows:
15 AMENDS:
16 20A-11-101, as last amended by Chapter 152, Laws of Utah 1995
17 20A-11-201, as enacted by Chapter 1, Laws of Utah 1995
18 20A-11-202, as enacted by Chapter 1, Laws of Utah 1995
19 20A-11-203, as last amended by Chapter 152, Laws of Utah 1995
20 20A-11-204, as last amended by Chapter 152, Laws of Utah 1995
21 20A-11-205, as enacted by Chapter 1, Laws of Utah 1995
22 20A-11-301, as enacted by Chapter 1, Laws of Utah 1995
23 20A-11-302, as last amended by Chapter 152, Laws of Utah 1995
24 20A-11-303, as last amended by Chapter 152, Laws of Utah 1995
25 20A-11-304, as enacted by Chapter 1, Laws of Utah 1995
26 20A-11-401, as last amended by Chapter 152, Laws of Utah 1995
27 20A-11-402, as enacted by Chapter 1, Laws of Utah 1995

1 20A-11-506, as last amended by Chapter 152, Laws of Utah 1995
2 20A-11-507, as last amended by Chapter 152, Laws of Utah 1995
3 20A-11-602, as last amended by Chapter 152, Laws of Utah 1995
4 20A-11-701, as enacted by Chapter 1, Laws of Utah 1995
5 20A-11-702, as enacted by Chapter 1, Laws of Utah 1995
6 20A-11-801, as enacted by Chapter 1, Laws of Utah 1995
7 20A-11-802, as last amended by Chapter 152, Laws of Utah 1995
8 20A-11-1001, as enacted by Chapter 1, Laws of Utah 1995
9 20A-11-1002, as enacted by Chapter 1, Laws of Utah 1995
10 ENACTS:
11 20A-11-103, Utah Code Annotated 1953
12 20A-11-104, Utah Code Annotated 1953
13 20A-11-208, Utah Code Annotated 1953
14 20A-11-307, Utah Code Annotated 1953
15 20A-11-404, Utah Code Annotated 1953
16 20A-11-505.5, Utah Code Annotated 1953
17 20A-11-509, Utah Code Annotated 1953
18 20A-11-603, Utah Code Annotated 1953
19 20A-11-703, Utah Code Annotated 1953
20 20A-11-803, Utah Code Annotated 1953
21 20A-11-1301, Utah Code Annotated 1953
22 20A-11-1302, Utah Code Annotated 1953
23 20A-11-1303, Utah Code Annotated 1953
24 20A-11-1304, Utah Code Annotated 1953
25 20A-11-1305, Utah Code Annotated 1953
26 REPEALS:
27 20A-11-206, as enacted by Chapter 1, Laws of Utah 1995
28 20A-11-207, as enacted by Chapter 1, Laws of Utah 1995
29 20A-11-305, as enacted by Chapter 1, Laws of Utah 1995
30 20A-11-306, as enacted by Chapter 1, Laws of Utah 1995
31 20A-11-403, as enacted by Chapter 1, Laws of Utah 1995

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1 20A-11-508, as enacted by Chapter 1, Laws of Utah 1995
2 20A-11-902, as enacted by Chapter 1, Laws of Utah 1995
3 20A-11-1003, as enacted by Chapter 1, Laws of Utah 1995
4 Be it enacted by the Legislature of the state of Utah:
5 Section 1. Section 20A-11-101 is amended to read:
6 20A-11-101. Definitions.
7 As used in this chapter:
8 (1) "Address" means the number and street where an individual resides or where a
9 reporting entity has its principal office.
10 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
11 amendments, and any other ballot propositions submitted to the voters that are authorized by the
12 Utah Code Annotated 1953.
13 (3) "Candidate" means any person who:
14 (a) files a declaration of candidacy for a public office; or
15 (b) receives contributions, makes expenditures, or gives consent for any other person to
16 receive contributions or make expenditures to bring about the person's nomination or election to
17 a public office.
18 (4) "Chief election officer" means:
19 (a) the lieutenant governor, for state office candidates, legislative office candidates,
20 officeholders, political parties, political action committees, corporations, political issues
21 committees, and state school board candidates; and
22 (b) the county clerk, for local school board candidates.
23 [(4)] (5) "Continuing political party" means an organization of voters that participated in
24 the last regular general election and polled a total vote equal to 2% or more of the total votes cast
25 for all candidates for the United States House of Representatives.
26 [(5)] (6) (a) "Contribution" means any of the following when done for political purposes:
27 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value
28 given to the filing entity;
29 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
30 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything
31 of value to the filing entity;

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1 (iii) any transfer of funds from another reporting entity or a corporation to the filing entity;
2 (iv) compensation paid by any person or reporting entity other than the filing entity for
3 personal services provided without charge to the filing entity;
4 (v) remuneration from any organization or its directly affiliated organization that has a
5 registered lobbyist to compensate a legislator for a loss of salary or income while the Legislature
6 is in session;
7 (vi) salaries or other remuneration paid to a legislator by any agency or subdivision of the
8 state, including school districts, for the period the Legislature is in session; and
9 (vii) goods or services provided to or for the benefit of the filing entity at less than fair
10 market value.
11 (b) "Contribution" does not include:
12 (i) services provided without compensation by individuals volunteering a portion or all of
13 their time on behalf of the filing entity; or
14 (ii) money lent to the filing entity by a financial institution in the ordinary course of
15 business.
16 [(6)] (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
17 organization that is registered as a corporation or is authorized to do business in a state and makes
18 any expenditure from corporate funds for:
19 (i) political purposes; or
20 (ii) the purpose of influencing the approval or the defeat of any ballot proposition.
21 (b) "Corporation" does not mean:
22 (i) a business organization's political action committee or political issues committee; or
23 (ii) a business entity organized as a partnership or a sole proprietorship.
24 [(7)] (8) "Detailed listing" means:
25 (a) for each contribution or public service assistance:
26 (i) the name and address of the individual or source making the contribution or public
27 service assistance;
28 (ii) the amount or value of the contribution or public service assistance; and
29 (iii) the date the contribution or public service assistance was made; and
30 (b) for each expenditure:
31 (i) the amount of the expenditure;

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1 (ii) the person or entity to whom it was disbursed;
2 (iii) the specific S [ [ ] purpose [ ] ] , s [for] item S , s or service acquired by the
2a expenditure; and
3 (iv) the date the expenditure was made.
4 [(8)] (9) "Election" means each:
5 (a) regular general election;
6 (b) regular primary election; and
7 (c) special election at which candidates are eliminated and selected.
8 [(9)] (10) (a) "Expenditure" means:
9 (i) any disbursement from contributions, receipts, or from the separate bank account
10 required by this chapter;
11 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
12 anything of value made for political purposes;
13 (iii) an express, legally enforceable contract, promise, or agreement to make any purchase,
14 payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for
15 political purposes;
16 (iv) compensation paid by a corporation or filing entity for personal services rendered by
17 a person without charge to a reporting entity;
18 (v) a transfer of funds between the filing entity and a candidate's personal campaign
19 committee; or
20 (vi) goods or services provided by the filing entity to or for the benefit of another reporting
21 entity for political purposes at less than fair market value.
22 (b) "Expenditure" does not include:
23 (i) services provided without compensation by individuals volunteering a portion or all of
24 their time on behalf of a reporting entity;
25 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
26 business; or
27 (iii) anything listed in Subsection (5)(a) that is given by a corporation or reporting entity
28 to candidates for office or officeholders in states other than Utah.
29 [(10)] (11) "Filing entity" means the reporting entity that is filing a report required by this
30 chapter.
31 [(11)] (12) "Financial statement" includes any summary report, interim report, or other
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1 statement disclosing contributions, expenditures, receipts, donations, or disbursements that is
2 required by this chapter.
3 S [(13) (a) "Foreign national" includes foreign governments, foreign political parties, foreign
4 corporations, foreign associations, foreign partnerships, individuals with foreign citizenship, and
5 immigrants not possessing a "green card," and other persons or entities identified in 11 C.F.R.
6 110.4.
7 (b) "Foreign national" may include domestic subsidiaries of foreign corporations and
8 United States corporations owned by foreign nationals if the requirements of 11 C.F.R. 110.4 are
9 met.] s
10 [(12)] (14) "Governing board" means the individual or group of individuals that determine
11 the candidates and committees that will receive expenditures from a political action committee.
12 [(13)] (15) "Individual" means a natural person.
13 [(14)] (16) "Interim report" means a report identifying the contributions received and
14 expenditures made since the last report.
15 [(15)] (17) "Legislative office" means the office of state senator, state representative,
16 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
17 assistant whip of any party caucus in either house of the Legislature.
18 [(16)] (18) "Legislative office candidate" means a person who:
19 (a) files a declaration of candidacy for the office of state senator or state representative;
20 (b) declares himself to be a candidate for, or actively campaigns for, the position of
21 speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant
22 whip of any party caucus in either house of the Legislature; and
23 (c) receives contributions, makes expenditures, or gives consent for any other person to
24 receive contributions or make expenditures to bring about the person's nomination or election to
25 a legislative office.
26 [(17) "Media owner" means each candidate and each member of any personal campaign
27 or party committee who, either in his own name or in the name of any other person, owns any
28 financial interest in any newspaper or other periodical circulating in Utah.]
29 [(18)] (19) "Newly registered political party" means an organization of voters that has
30 complied with the petition and organizing procedures of this chapter to become a registered
31 political party.
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1 [(19)] (20) "Officeholder" means a person who holds a public office.
2 [(20)] (21) "Party committee" means any committee [of a registered political party and any
3 committee] organized by or authorized by the governing board of a registered political party.
4 [(21)] (22) "Person" means both natural and legal persons, including individuals, business
5 organizations, personal campaign committees, party committees, political action committees,
6 political issues committees, labor unions, and labor organizations.
7 [(22)] (23) "Personal campaign committee" means the committee appointed by a candidate
8 to act for the candidate as provided in this chapter.
9 [(23)] (24) (a) "Political action committee" means an entity, or any group of individuals
10 or entities within or outside this state, that solicits or receives contributions from any other person,
11 group, or entity or makes expenditures for political purposes. A group or entity may not divide
12 or separate into units, sections, or smaller groups for the purpose of avoiding the financial
13 reporting requirements of this chapter, and substance shall prevail over form in determining the
14 scope or size of a political action committee.
15 (b) "Political action committee" includes groups affiliated with a registered political party
16 but not authorized or organized by the governing board of the registered political party that receive
17 contributions or makes expenditures for political purposes.
18 [(b)] (c) "Political action committee" does not mean:
19 (i) a party committee;
20 (ii) any entity that provides goods or services to a candidate or committee in the regular
21 course of its business at the same price that would be provided to the general public;
22 (iii) an individual;
23 (iv) individuals who are related and who make contributions from a joint checking
24 account;
25 (v) a corporation; or
26 (vi) a personal campaign committee.
27 [(24)] (25) "Political convention" means a county or state political convention held by a
28 registered political party to select candidates.
29 [(25)] (26) (a) "Political issues committee" means an entity, or any group of individuals
30 or entities within or outside this state, that solicits or receives donations from any other person,
31 group, or entity or makes disbursements to influence, or to intend to influence, directly or

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1 indirectly, any person to assist in placing a ballot proposition on the ballot, to assist in keeping a
2 ballot proposition off the ballot, or to refrain from voting or to vote for or to vote against any ballot
3 proposition.
4 (b) "Political issues committee" does not mean:
5 (i) a registered political party or a party committee;
6 (ii) any entity that provides goods or services to an individual or committee in the regular
7 course of its business at the same price that would be provided to the general public;
8 (iii) an individual;
9 (iv) individuals who are related and who make contributions from a joint checking
10 account; or
11 (v) a corporation, except a corporation whose apparent purpose is to act as a political
12 issues committee.
13 [(26)] (27) (a) "Political issues contribution" means any of the following:
14 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
15 anything of value given to a political issues committee;
16 (ii) an express, legally enforceable contract, promise, or agreement to make a political
17 issues donation to influence the approval or defeat of any ballot proposition;
18 (iii) any transfer of funds received by a political issues committee from a reporting entity;
19 (iv) compensation paid by another reporting entity for personal services rendered without
20 charge to a political issues committee; and
21 (v) goods or services provided to or for the benefit of a political issues committee at less
22 than fair market value.
23 (b) "Political issues contribution" does not include:
24 (i) services provided without compensation by individuals volunteering a portion or all of
25 their time on behalf of a political issues committee; or
26 (ii) money lent to a political issues committee by a financial institution in the ordinary
27 course of business.
28 [(27)] (28) (a) "Political issues expenditure" means any of the following:
29 (i) any payment from political issues contributions made for the purpose of influencing
30 the approval or the defeat of a statewide ballot proposition;
31 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for

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1 the purpose of influencing the approval or the defeat of a statewide ballot proposition;
2 (iii) an express, legally enforceable contract, promise, or agreement to make any political
3 issues expenditure;
4 (iv) compensation paid by a reporting entity for personal services rendered by a person
5 without charge to a political issues committee; or
6 (v) goods or services provided to or for the benefit of another reporting entity at less than
7 fair market value.
8 (b) "Political issues expenditure" does not include:
9 (i) services provided without compensation by individuals volunteering a portion or all of
10 their time on behalf of a political issues committee; or
11 (ii) money lent to a political issues committee by a financial institution in the ordinary
12 course of business.
13 [(28)] (29) "Political purposes" means an act done with the intent or in a way to influence
14 or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
15 against any candidate for public office at any caucus, political convention, primary, or election.
16 [(29)] (30) "Primary election" means any regular primary election held under the election
17 laws.
18 [(30)] (31) "Public office" means the office of governor, lieutenant governor, state auditor,
19 state treasurer, attorney general, state or local school board member, state senator, state
20 representative, speaker of the House of Representatives, president of the Senate, and the leader,
21 whip, and assistant whip of any party caucus in either house of the Legislature.
22 [(31)] (32) (a) "Public service assistance" means the following when given or provided to
23 an officeholder to defray the costs of functioning in a public office or aid the officeholder to
24 communicate with the officeholder's constituents:
25 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
26 money or anything of value to an officeholder; or
27 (ii) goods or services provided at less than fair market value to or for the benefit of the
28 officeholder.
29 (b) "Public service assistance" does not include:
30 (i) anything provided by the state;
31 (ii) services provided without compensation by individuals volunteering a portion or all

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1 of their time on behalf of an officeholder;
2 (iii) money lent to an officeholder by a financial institution in the ordinary course of
3 business;
4 (iv) news coverage or any publication by the news media; or
5 (v) any article, story, or other coverage as part of any regular publication of any
6 organization unless substantially all the publication is devoted to information about the
7 officeholder.
8 [(32)] (33) "Publicly identified class of individuals" means a group of 50 or more
9 individuals sharing a common occupation, interest, or association that contribute to a political
10 action committee or political issues committee and whose names can be obtained by contacting
11 the political action committee or political issues committee upon whose financial report they are
12 listed.
13 [(33)] (34) "Receipts" means contributions and public service assistance.
14 [(34)] (35) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
15 Lobbyist Disclosure and Regulation Act.
16 [(35)] (36) "Registered political action committee" means any political action committee
17 that is required by this chapter to file a statement of organization with the lieutenant governor's
18 office.
19 [(36)] (37) "Registered political issues committee" means any political issues committee
20 that is required by this chapter to file a statement of organization with the lieutenant governor's
21 office.
22 [(37)] (38) "Registered political party" means an organization of voters that:
23 (a) participated in the last regular general election and polled a total vote equal to 2% or
24 more of the total votes cast for all candidates for the United States House of Representatives for
25 any of its candidates for any office; or
26 (b) has complied with the petition and organizing procedures of this chapter.
27 [(38)] (39) "Report" means a verified financial statement.
28 [(39)] (40) "Reporting entity" means a candidate, a candidate's personal campaign
29 committee, an officeholder, and a party committee, a political action committee, and a political
30 issues committee.
31 (41) "School board office" means the office of state school board or local school board.

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1 [(40)] (42) "State office" means the offices of governor, lieutenant governor, attorney
2 general, state auditor, and state treasurer.
3 [(41)] (43) "State office candidate" means a person who:
4 (a) files a declaration of candidacy for a state office; or
5 (b) receives contributions, makes expenditures, or gives consent for any other person to
6 receive contributions or make expenditures to bring about the person's nomination or election to
7 a state office.
8 [(42)] (44) "Summary report" means the year end report containing the summary of a
9 reporting entity's contributions and expenditures.
10 [(43)] (45) "Supervisory board" means the individual or group of individuals that allocate
11 expenditures from a political issues committee.
12 Section 2. Section 20A-11-103 is enacted to read:
13 S [20A-11-103. Reporting entities prohibited from accepting contributions from foreign
14 nationals.
15 As required by 2 U.S.C. Section 441e and 11 C.F.R. 110.4 and 110.9, a reporting entity
16 may not accept contributions from any foreign national.] s
17 Section 3. Section 20A-11-104 is enacted to read:
18 20A-11-104. Reports -- Form of submission.
19 (1) Persons or entities submitting reports required by this chapter may submit them:
20 (a) on paper, printed, typed, or legibly handwritten or hand printed;
21 (b) on a computer disk according to specifications established by the chief election officer
22 and, accompanied by a statement signed by the person or entity submitting the report certifying
23 the accuracy of the information contained on the computer disk;
24 (c) via fax; or
25 (d) via electronic mail according to specifications established by the chief election officer.
26 (2) A report is considered filed if it:
27 (a) has a Utah postmark dated no later than three days before the date that the report is due;
28 or
29 (b) is received in the chief election officer's office no later than 5:00 p.m. on the date that
30 it is due.
31 Section 4. Section 20A-11-201 is amended to read:

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1 20A-11-201. State office candidate -- Separate bank account for campaign funds.
2 (1) (a) Each state office candidate or the candidate's personal campaign committee shall
3 deposit each contribution and public service assistance received in one or more separate campaign
4 accounts in a financial institution.
5 (b) The state office candidate or the candidate's personal campaign committee may use the
6 monies in those accounts only for political purposes.
7 (2) A state office candidate or the candidate's personal campaign committee may not
8 deposit or mingle any contributions received into a personal or business account.
9 (3) If a person who is no longer a state office candidate chooses not to expend the monies
10 remaining in his campaign account, the person shall continue to file the year-end summary report
11 required by Section 20A-11-203 until the statement of dissolution and final summary report
12 required by Section 20A-11-205 are filed with the lieutenant governor.
13 Section 5. Section 20A-11-202 is amended to read:
14 20A-11-202. State office candidate -- Personal campaign committee required.
15 (1) (a) (i) Each state office candidate shall select no more than one personal campaign
16 committee, consisting of one or more persons, to receive contributions, make expenditures, and
17 file reports connected with the candidate's campaign.
18 (ii) A state office candidate may serve as his own campaign committee.
19 (b) Except for [travel] expenses [and mailings] made by a registered political party, to
20 benefit a party's candidates generally, a state office candidate or other person acting in concert with
21 or with the knowledge of the state office candidate may not receive any contributions or make any
22 expenditures on behalf of a state office candidate other than through a personal campaign
23 committee established under this section.
24 (2) (a) The state office candidate shall file a written statement signed by the [committee's
25 secretary] candidate or authorized member of the candidate's personal campaign committee with
26 the lieutenant governor that:
27 (i) informs the lieutenant governor that the state office candidate's personal campaign
28 committee has been selected; and
29 (ii) provides the name and address of each member and the secretary of the committee.
30 (b) A state office candidate or the candidate's personal campaign committee may not
31 [receive any contributions or] make any expenditures on behalf of the candidate until the statement

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1 has been filed.
2 (c) A state office candidate may revoke the selection of any member of the campaign
3 committee by:
4 (i) revoking that person's appointment or election in writing;
5 (ii) personally serving the written revocation on the member whose selection is revoked;
6 and
7 (iii) filing a copy of the written revocation with the lieutenant governor.
8 (d) (i) The state office candidate may select a replacement to fill any vacancy on the
9 campaign committee.
10 (ii) The state office candidate shall file that replacement's name and address with the
11 lieutenant governor.
12 (3) A member of a state office candidate's personal campaign committee may not make
13 an expenditure of more than $1,000 unless the state office candidate or the secretary of the
14 personal campaign committee authorizes the expenditure in writing.
15 (4) A state office candidate or the candidate's personal campaign committee may not make
16 any expenditures prohibited by law.
17 Section 6. Section 20A-11-203 is amended to read:
18 20A-11-203. State office candidate -- Financial reporting requirements -- Year-end
19 summary report.
20 (1) Each state office candidate shall file a summary report by [December 31 of each
21 regular] January 5 of the year after the regular general election year.
22 (2) (a) Each summary report shall include the following information as of December 31
23 of the last regular general election year:
24 (i) the net balance of the last summary report, if any;
25 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
26 any[, during the calendar year in which the summary report is due];
27 (iii) a single figure equal to the total amount of expenditures reported on all interim
28 reports, if any, filed during the [calendar] election year [in which the summary report is due];
29 (iv) a detailed listing of each contribution and public service assistance received since the
30 last summary report that has not been reported in detail on an interim report;
31 (v) for each nonmonetary contribution, the fair market value of the contribution;

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1 (vi) a detailed listing of each expenditure made since the last summary report that has not
2 been reported in detail on an interim report;
3 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
4 (viii) a net balance for the year consisting of the net balance from the last summary report,
5 if any, plus all receipts minus all expenditures.
6 (b) (i) For all [individual] single contributions or public service assistance of $50 or less,
7 a single aggregate figure may be reported without separate detailed listings.
8 (ii) Two or more contributions from the same source that have an aggregate total of more
9 than $50 may not be reported in the aggregate, but shall be reported separately.
10 (c) In preparing the report, all receipts and expenditures shall be reported as of [three days
11 before the required filing date of the report] December 31 of the last regular general election year.
12 (3) The summary report shall contain a paragraph signed by [the secretary] an authorized
13 member of the state office candidate's personal campaign committee or by the state office
14 candidate certifying that all receipts and all expenditures have been reported as of [three days
15 before the required filing date] December 31 of the last regular general election year and that there
16 are no bills or obligations outstanding and unpaid except as set forth in that report.
17 [(4) (a) The report shall be filed with the lieutenant governor's office by the date
18 indicated.]
19 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
20 with proper postage affixed, and postmarked by the dates indicated.]
21 [(5)] (4) State office candidates reporting under this section need only report receipts
22 received and expenditures made after April 29, 1991.
23 Section 7. Section 20A-11-204 is amended to read:
24 20A-11-204. State office candidate -- Financial reporting requirements -- Interim
25 reports.
26 (1) Each state office candidate shall file an interim report at the following times in any
27 year in which the candidate has filed a declaration of candidacy for a public office:
28 (a) [(i)] seven days before any political convention if more than one individual in the
29 candidate's same party has filed a declaration of candidacy for the particular public office that the
30 candidate seeks; [or]
31 [(ii) the tenth day of July if no report is required under Subsection (i);]

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1 (b) seven days before the regular primary election date; [and]
2 (c) September 15; and
3 [(c)] (d) seven days before the regular general election date.
4 (2) Each interim report shall include the following information:
5 (a) the net balance of the last summary report, if any;
6 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
7 if any, during the calendar year in which the interim report is due;
8 (c) a single figure equal to the total amount of expenditures reported on all prior interim
9 reports, if any, filed during the calendar year in which the interim report is due;
10 (d) a detailed listing of each contribution and public service assistance received since the
11 last summary report that has not been reported in detail on a prior interim report;
12 (e) for each nonmonetary contribution, the fair market value of the contribution;
13 (f) a detailed listing of each expenditure made since the last summary report that has not
14 been reported in detail on a prior interim report;
15 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
16 (h) a net balance for the year consisting of the net balance from the last summary report,
17 if any, plus all receipts since the last summary report minus all expenditures since the last
18 summary report; and
19 (i) a summary page in the form required by the lieutenant governor that identifies:
20 (A) beginning balance;
21 (B) total contributions during the period since the last statement;
22 (C) total contributions to date;
23 (D) total expenditures during the period since the last statement; and
24 (E) total expenditures to date.
25 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
26 aggregate figure may be reported without separate detailed listings.
27 (b) Two or more contributions from the same source that have an aggregate total of more
28 than $50 may not be reported in the aggregate, but shall be reported separately.
29 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
30 three days before the required filing date of the report.
31 [(5) (a) Each report shall be filed with the lieutenant governor's office by the dates

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1 indicated.]
2 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
3 with proper postage affixed, and postmarked by the dates indicated.]
4 [(6)] (5) State office candidates reporting under this section need only report contributions
5 received and expenditures made after April 29, 1991.
6 Section 8. Section 20A-11-205 is amended to read:
7 20A-11-205. State office candidate -- Financial reporting requirements --
8 Termination of duty to report.
9 (1) Each state office candidate and the candidate's personal campaign committee is active
10 and subject to interim reporting requirements until the candidate withdraws or is eliminated in a
11 convention or primary.
12 [(1)] (2) Each state office candidate and the candidate's personal campaign committee is
13 active and subject to year-end summary reporting requirements until the candidate has filed a
14 statement of dissolution with the lieutenant governor stating that:
15 (a) the state office candidate or the personal campaign committee is no longer receiving
16 contributions and is no longer making expenditures;
17 (b) the ending balance on the last summary report filed is zero and the balance in the
18 separate bank account required in Section 20A-11-201 is zero; and
19 (c) a final summary report in the form required by Section 20A-11-203 showing a zero
20 balance is attached to the statement of dissolution.
21 [(2)] (3) A statement of dissolution and a final summary report may be filed at any time.
22 (4) Each state office candidate and the candidate's personal campaign committee shall
23 continue to file the year-end summary report required by Section 20A-11-203 until the statement
24 of dissolution and final summary report required by this section are filed with the lieutenant
25 governor.
26 Section 9. Section 20A-11-208 is enacted to read:
27 20A-11-208. Penalties.
28 (1) As used in this section, "administrative penalty" means a monetary fine for violations
29 of this part imposed by the lieutenant governor as a result of an adjudicative proceeding conducted
30 in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
31 (2) (a) Each state office candidate who willfully and knowingly violates any provision of

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1 this part is subject to an administrative penalty of not more than $1,000 for each violation.
2 (b) A state office candidate subject to a penalty under Subsection (2)(a) may appeal the
3 penalty according to procedures and requirements of Title 63, Chapter 46b, Administrative
4 Procedures Act.
5 (3) A state office candidate assessed a penalty under this section may not pay the penalty
6 from contributions, receipts, or from the separate bank account required by this part.
7 Section 10. Section 20A-11-301 is amended to read:
8 20A-11-301. Legislative office candidate -- Campaign requirements.
9 (1) Each legislative office candidate shall deposit each contribution and public service
10 assistance received in one or more separate accounts in a financial institution that are dedicated
11 only to that purpose.
12 (2) A legislative office candidate may not deposit or mingle any contributions or public
13 service assistance received into a personal or business account.
14 (3) A legislative office candidate may not make any political expenditures prohibited by
15 law.
16 (4) If a person who is no longer a legislative candidate chooses not to expend the monies
17 remaining in his campaign account, the person shall continue to file the year-end summary report
18 required by Section 20A-11-302 until the statement of dissolution and final summary report
19 required by Section 20A-11-304 are filed with the lieutenant governor.
20 Section 11. Section 20A-11-302 is amended to read:
21 20A-11-302. Legislative office candidate -- Financial reporting requirements --
22 Year-end summary report.
23 (1) Each legislative office candidate shall file a summary report by [December 31 of each]
24 January 5 of the year after the regular general election year.
25 (2) (a) Each summary report shall include the following information as of December 31
26 of the last regular general election year:
27 (i) the net balance of the last summary report, if any;
28 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
29 any, during the calendar year in which the summary report is due;
30 (iii) a single figure equal to the total amount of expenditures reported on all interim
31 reports, if any, filed during the [calendar] election year [in which the summary report is due];

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1 (iv) a detailed listing of each receipt, contribution, and public service assistance since the
2 last summary report that has not been reported in detail on an interim report;
3 (v) for each nonmonetary contribution, the fair market value of the contribution;
4 (vi) a detailed listing of each expenditure made since the last summary report that has not
5 been reported in detail on an interim report;
6 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
7 (viii) a net balance for the year consisting of the net balance from the last summary report,
8 if any, plus all receipts minus all expenditures.
9 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
10 aggregate figure may be reported without separate detailed listings.
11 (ii) Two or more contributions from the same source that have an aggregate total of more
12 than $50 may not be reported in the aggregate, but shall be reported separately.
13 (c) In preparing the report, all receipts and expenditures shall be reported as of [three days
14 before the required filing date of the report] December 31 of the last regular general election year.
15 (3) The summary report shall contain a paragraph signed by the legislative office candidate
16 certifying that all receipts and all expenditures have been reported as of [three days before the
17 required filing date] December 31 of the last regular general election year and that there are no
18 bills or obligations outstanding and unpaid except as set forth in that report.
19 [(4) (a) The report shall be filed with the lieutenant governor's office by the date
20 indicated.]
21 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
22 with proper postage affixed, and postmarked by the dates indicated.]
23 [(5)] (4) Legislative office candidates reporting under this section need only report receipts
24 received and expenditures made after April 29, 1991.
25 Section 12. Section 20A-11-303 is amended to read:
26 20A-11-303. Legislative office candidate -- Financial reporting requirements --
27 Interim reports.
28 (1) Each legislative office candidate shall file an interim report at the following times in
29 any year in which the candidate has filed a declaration of candidacy for a public office:
30 (a) seven days before any political convention if more than one individual in the
31 candidate's same party has filed a declaration of candidacy for the particular public office that the

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1 candidate seeks;
2 (b) seven days before the regular primary election date, if the candidate is on the ballot in
3 the primary election; [and]
4 (c) September 15, unless the candidate is unopposed; and
5 [(c)] (d) seven days before the regular general election date.
6 (2) Each interim report shall include the following information:
7 (a) the net balance of the last summary report, if any;
8 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
9 if any, during the calendar year in which the interim report is due;
10 (c) a single figure equal to the total amount of expenditures reported on all prior interim
11 reports, if any, filed during the calendar year in which the interim report is due;
12 (d) a detailed listing of each contribution and public service assistance received since the
13 last summary report that has not been reported in detail on a prior interim report;
14 (e) for each nonmonetary contribution, the fair market value of the contribution;
15 (f) a detailed listing of each expenditure made since the last summary report that has not
16 been reported in detail on a prior interim report;
17 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
18 (h) a net balance for the year consisting of the net balance from the last summary report,
19 if any, plus all receipts since the last summary report minus all expenditures since the last
20 summary report; and
21 (i) a summary page in the form required by the lieutenant governor that identifies:
22 (i) beginning balance;
23 (ii) total contributions during the period since the last statement;
24 (iii) total contributions to date;
25 (iv) total expenditures during the period since the last statement; and
26 (v) total expenditures to date.
27 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
28 aggregate figure may be reported without separate detailed listings.
29 (b) Two or more contributions from the same source that have an aggregate total of more
30 than $50 may not be reported in the aggregate, but shall be reported separately.
31 (4) In preparing each interim report, all receipts and expenditures shall be reported as of

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1 three days before the required filing date of the report.
2 [(5) (a) Each report shall be filed with the lieutenant governor's office by the dates
3 indicated.]
4 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
5 with proper postage affixed, and postmarked by the dates indicated.]
6 [(6)] (5) Legislative office candidates reporting under this section need only report
7 contributions received and expenditures made after April 29, 1991.
8 Section 13. Section 20A-11-304 is amended to read:
9 20A-11-304. Legislative office candidate -- Financial reporting requirements --
10 Termination of duty to report.
11 (1) Each legislative candidate is subject to interim reporting requirements until the
12 candidate withdraws or is eliminated in a convention or primary.
13 [(1)] (2) Each legislative office candidate is subject to year-end summary reporting
14 requirements until the candidate has filed a statement of dissolution with the lieutenant governor
15 stating that:
16 (a) the legislative office candidate is no longer receiving contributions and is no longer
17 making expenditures;
18 (b) the ending balance on the last summary report filed is zero and the balance in the
19 separate bank account required in Section 20A-11-301 is zero; and
20 (c) a final summary report in the form required by Section 20A-11-302 showing a zero
21 balance is attached to the statement of dissolution.
22 [(2)] (3) A statement of dissolution and a final summary report may be filed at any time.
23 (4) Each legislative office candidate shall continue to file the year-end summary report
24 required by Section 20A-11-302 until the statement of dissolution and final summary report
25 required by this section are filed with the lieutenant governor.
26 Section 14. Section 20A-11-307 is enacted to read:
27 20A-11-307. Penalties.
28 (1) As used in this section, "administrative penalty" means a monetary fine for violations
29 of this part imposed by the lieutenant governor as a result of an adjudicative proceeding conducted
30 in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
31 (2) (a) Each legislative office candidate who willfully and knowingly violates any

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1 provision of this part is subject to an administrative penalty of not more than $1,000 for each
2 violation.
3 (b) A legislative office candidate subject to a penalty under Subsection (2)(a) may appeal
4 the penalty according to procedures and requirements of Title 63, Chapter 46b, Administrative
5 Procedures Act.
6 (3) A legislative office candidate assessed a penalty under this section may not pay the
7 penalty from contributions, receipts, or from the separate bank account required by this part.
8 Section 15. Section 20A-11-401 is amended to read:
9 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
10 report.
11 (1) Each officeholder shall file a summary report by [December 31 of each] January 5 of
12 the year after the regular general election year.
13 (2) (a) Each summary report shall include the following information as of December 31
14 of the last regular general election year:
15 (i) the net balance of the last summary report, if any;
16 (ii) a detailed listing of each contribution and public service assistance received since the
17 last summary report;
18 (iii) for each nonmonetary contribution, the fair market value of the contribution;
19 (iv) a detailed listing of each expenditure made since the last summary report;
20 (v) for each nonmonetary expenditure, the fair market value of the expenditure; and
21 (vi) a net balance for the year consisting of the net balance from the last summary report
22 plus all receipts minus all expenditures.
23 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
24 aggregate figure may be reported without separate detailed listings.
25 (ii) Two or more contributions from the same source that have an aggregate total of more
26 than $50 may not be reported in the aggregate, but shall be reported separately.
27 (c) In preparing the report, all receipts and expenditures shall be reported as of [three days
28 before the required filing date of the report] December 31 of the last regular general election year.
29 (3) The summary report shall contain a paragraph signed by the officeholder certifying that
30 all receipts and all expenditures have been reported as of [three days before the required filing
31 date] December 31 of the last regular general election year and that there are no bills or obligations

- 21 -

1 outstanding and unpaid except as set forth in that report.
2 [(4) (a) Each report shall be filed with the lieutenant governor's office by the dates
3 indicated.]
4 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
5 with proper postage affixed, and postmarked by the dates indicated.]
6 Section 16. Section 20A-11-402 is amended to read:
7 20A-11-402. Officeholder financial reporting requirements -- Termination of duty
8 to report.
9 (1) An officeholder is active and subject to reporting requirements until the officeholder
10 has filed a statement of dissolution with the lieutenant governor stating that:
11 (a) the officeholder is no longer receiving contributions or public service assistance and
12 is no longer making expenditures;
13 (b) the ending balance on the last summary report filed is zero and the balance in the
14 separate bank account required by Sections 20A-11-201 and 20A-11-301 is zero; and
15 (c) a final summary report in the form required by Section 20A-11-401 showing a zero
16 balance is attached to the statement of dissolution.
17 (2) A statement of dissolution and a final summary report may be filed at any time.
18 (3) Each officeholder shall continue to file the year-end summary report required by
19 Section 20A-11-401 until the statement of dissolution and final summary report required by this
20 section are filed with the lieutenant governor.
21 Section 17. Section 20A-11-404 is enacted to read:
22 20A-11-404. Penalties.
23 (1) As used in this section, "administrative penalty" means a monetary fine for violations
24 of this part imposed by the lieutenant governor as a result of an adjudicative proceeding conducted
25 in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
26 (2) (a) Each officeholder who willfully and knowingly violates any provision of this part
27 is subject to an administrative penalty of not more than $1,000 for each violation.
28 (b) An officeholder subject to a penalty under Subsection (2)(a) may appeal the penalty
29 according to procedures and requirements of Title 63, Chapter 46b, Administrative Procedures
30 Act.
31 (3) An officeholder assessed a penalty under this section may not pay the penalty from

- 22 -

1 contributions, receipts, or from the separate bank account required by this part.
2 Section 18. Section 20A-11-505.5 is enacted to read:
3 20A-11-505.5. Political party financial reporting requirements -- General
4 requirements.
5 Nothing in this part requires a registered political party to report contributions and
6 expenditures that are:
7 (1) made to benefit federal candidates; and
8 (2) filed with the Federal Election Commission.
9 Section 19. Section 20A-11-506 is amended to read:
10 20A-11-506. Political party financial reporting requirements -- Year-end summary
11 report.
12 (1) Each party committee shall file a summary report by [December 31 of each] January
13 5 of the year after the regular general election year.
14 (2) (a) Each summary report shall include the following information as of December 31
15 of the regular general election year:
16 (i) the net balance of the last summary report, if any;
17 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
18 any, during the [calendar] election year [in which the summary report is due];
19 (iii) a single figure equal to the total amount of expenditures reported on all interim
20 reports, if any, filed during the [calendar] election year [in which the summary report is due];
21 (iv) a detailed listing of each contribution and public service assistance received since the
22 last summary report that has not been reported in detail on an interim report;
23 (v) for each nonmonetary contribution, the fair market value of the contribution;
24 (vi) a detailed listing of each expenditure made since the last summary report that has not
25 been reported in detail on an interim report;
26 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
27 (viii) a net balance for the year consisting of the net balance from the last summary report,
28 if any, plus all receipts minus all expenditures.
29 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
30 aggregate figure may be reported without separate detailed listings.
31 (ii) Two or more contributions from the same source that have an aggregate total of more

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1 than $50 may not be reported in the aggregate, but shall be reported separately.
2 (c) In preparing the report, all receipts and expenditures shall be reported as of [three days
3 before the required filing date of the report] December 31 of the last regular general election year.
4 (3) The summary report shall contain a paragraph signed by the [secretary] treasurer of the
5 party committee certifying that all receipts and all expenditures have been reported as of [three
6 days before the required filing date] December 31 of the last regular general election year and that
7 there are no bills or obligations outstanding and unpaid except as set forth in that report.
8 [(4) (a) Each report shall be filed with the lieutenant governor's office by the dates
9 indicated.]
10 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
11 with proper postage affixed, and postmarked by the dates indicated.]
12 Section 20. Section 20A-11-507 is amended to read:
13 20A-11-507. Political party financial reporting requirements -- Interim reports.
14 (1) Each party committee shall file an interim report at the following times in any year in
15 which there is a regular general election:
16 (a) [the tenth day of July] September 15; and
17 [(b) seven days before the primary election; and]
18 [(c)] (b) seven days before the general election.
19 (2) Each interim report shall include the following information:
20 (a) the net balance of the last summary report, if any;
21 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
22 if any, during the calendar year in which the interim report is due;
23 (c) a single figure equal to the total amount of expenditures reported on all prior interim
24 reports, if any, filed during the calendar year in which the interim report is due;
25 (d) a detailed listing of each contribution and public service assistance received since the
26 last summary report that has not been reported in detail on a prior interim report;
27 (e) for each nonmonetary contribution, the fair market value of the contribution;
28 (f) a detailed listing of each expenditure made since the last summary report that has not
29 been reported in detail on a prior interim report;
30 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
31 (h) a net balance for the year consisting of the net balance from the last summary report,

- 24 -

1 if any, plus all receipts since the last summary report minus all expenditures since the last
2 summary report; and
3 (i) a summary page in the form required by the lieutenant governor that identifies:
4 (A) beginning balance;
5 (B) total contributions during the period since the last statement;
6 (C) total contributions to date;
7 (D) total expenditures during the period since the last statement; and
8 (E) total expenditures to date.
9 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
10 aggregate figure may be reported without separate detailed listings.
11 (b) Two or more contributions from the same source that have an aggregate total of more
12 than $50 may not be reported in the aggregate, but shall be reported separately.
13 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
14 three days before the required filing date of the report.
15 [(5) (a) Each report shall be filed with the lieutenant governor's office by the dates
16 indicated.]
17 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
18 with proper postage affixed, and postmarked by the dates indicated.]
19 Section 21. Section 20A-11-509 is enacted to read:
20 20A-11-509. Penalties.
21 (1) As used in this section, "administrative penalty" means a monetary fine for violations
22 of this part imposed by the lieutenant governor as a result of an adjudicative proceeding conducted
23 in accordance with Title 63, Chapter 46b, Utah Administrative Procedures Act.
24 (2) (a) Each registered political party that willfully and knowingly violates any provision
25 of this part is subject to an administrative penalty of not more than $1,000 for each violation.
26 (b) A registered political party subject to a penalty under Subsection (2)(a) may appeal the
27 penalty according to procedures and requirements of Title 63, Chapter 46b, Administrative
28 Procedures Act.
29 Section 22. Section 20A-11-602 is amended to read:
30 20A-11-602. Political action committees -- Financial reporting.
31 (1) (a) Each registered political action committee that has made expenditures that total at

- 25 -

1 least $750 during a calendar year shall file a verified financial statement with the lieutenant
2 governor's office on:
3 (i) January 5, reporting contributions and expenditures as of December 31 of [each] the
4 previous year;
5 (ii) [seven days before the regular primary election] September 15; and
6 (iii) seven days before the regular general election.
7 (b) [All] The registered political action committee shall report:
8 (i) a detailed listing of all contributions received and expenditures made since the last
9 report; and
10 (ii) all contributions and expenditures [shall be reported] as of three days before the
11 required filing date of the [verified] financial statement.
12 (c) The registered political action committee need not file a report under this section if it
13 received no contributions and made no expenditures during the reporting period.
14 (2) (a) The verified financial statement shall include:
15 (i) the name, address, and occupation of any individual that makes a contribution to the
16 reporting political action committee, and the amount of the contribution;
17 (ii) the identification of any publicly identified class of individuals that makes a
18 contribution to the reporting political action committee, and the amount of the contribution;
19 (iii) the name and address of any political action committee, group, or entity that makes
20 a contribution to the reporting political action committee, and the amount of the contribution;
21 (iv) for each nonmonetary contribution, the fair market value of the contribution;
22 (v) the name and address of each reporting entity that received an expenditure from the
23 reporting political action committee, and the amount of each expenditure;
24 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
25 (vii) the total amount of contributions received and expenditures disbursed by the reporting
26 political action committee;
27 (viii) a paragraph signed by the political action committee's treasurer or chief financial
28 officer verifying the accuracy of the financial report; and
29 (ix) a summary page in the form required by the lieutenant governor that identifies:
30 (A) beginning balance;
31 (B) total contributions during the period since the last statement;

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1 (C) total contributions to date;
2 (D) total expenditures during the period since the last statement; and
3 (E) total expenditures to date.
4 (b) (i) Contributions received by a political action committee that have a value of $150 or
5 less need not be reported individually, but shall be listed on the report as an aggregate total.
6 (ii) Two or more contributions from the same source that have an aggregate total of more
7 than $150 may not be reported in the aggregate, but shall be reported separately.
8 Section 23. Section 20A-11-603 is enacted to read:
9 20A-11-603. Penalties.
10 (1) As used in this section, "administrative penalty" means a monetary fine for violations
11 of this part imposed by the lieutenant governor as a result of an adjudicative proceeding conducted
12 in accordance with Title 63, Chapter 46b, Utah Administrative Procedures Act.
13 (2) (a) Each political action committee that willfully and knowingly violates any provision
14 of this part is subject to an administrative penalty of not more than $1,000 for each violation.
15 (b) A political action committee subject to a penalty under Subsection (2)(a) may appeal
16 the penalty according to procedures and requirements of Title 63, Chapter 46b, Administrative
17 Procedures Act.
18 Section 24. Section 20A-11-701 is amended to read:
19 20A-11-701. Campaign financial reporting of candidate campaign contributions by
20 corporations -- Filing requirements -- Statement contents.
21 (1) (a) Each corporation that has made expenditures for political purposes that total at least
22 $750 during a calendar year shall file a verified financial statement with the lieutenant governor's
23 office on:
24 (i) January 5, reporting expenditures as of December 31 of [each] the previous year;
25 (ii) [seven days before the primary election] September 15; and
26 (iii) seven days before the regular general election.
27 (b) [All contributions and] The corporation shall report:
28 (i) a detailed listing of all expenditures made since the last report; and
29 (ii) all expenditures [shall be reported] as of three days before the required filing date of
30 the [verified] financial statement.
31 (c) The corporation need not file a report under this section if it made no expenditures

- 27 -

1 during the reporting period.
2 (2) That statement shall include:
3 (a) the name and address of each reporting entity that received an expenditure from the
4 corporation, and the amount of each expenditure;
5 (b) the total amount of expenditures disbursed by the corporation; and
6 (c) a paragraph signed by the corporation's or the political action committee's treasurer or
7 chief financial officer verifying the accuracy of the financial report.
8 Section 25. Section 20A-11-702 is amended to read:
9 20A-11-702. Campaign financial reporting of political issues expenditures by
10 corporations -- Financial reporting.
11 (1) (a) Each corporation that has made political issues expenditures on current or proposed
12 ballot issues that total at least $750 during a calendar year shall file a verified financial statement
13 with the lieutenant governor's office on:
14 (i) January 5, reporting expenditures as of December 31 of [each] the previous year;
15 (ii) [seven days before the primary election] September 15; and
16 (iii) seven days before the regular general election.
17 (b) [Each political issues expenditure] The corporation shall [be reported] report:
18 (i) a detailed listing of all expenditures made since the last report; and
19 (ii) expenditures as of three days before the required filing date of the [verified] financial
20 statement.
21 (c) The corporation need not file a report under this section if it made no expenditures
22 during the reporting period.
23 (2) That statement shall include:
24 (a) the name and address of each individual, entity, or group of individuals or entities that
25 received a political issues expenditure of more than $50 from the corporation, and the amount of
26 each political issues expenditure;
27 (b) the total amount of political issues expenditures disbursed by the corporation; and
28 (c) a paragraph signed by the corporation's treasurer or chief financial officer verifying the
29 accuracy of the verified financial statement.
30 Section 26. Section 20A-11-703 is enacted to read:
31 20A-11-703. Penalties.

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1 (1) As used in this section, "administrative penalty" means a monetary fine for violations
2 of this part imposed by the lieutenant governor as a result of an adjudicative proceeding conducted
3 in accordance with Title 63, Chapter 46b, Utah Administrative Procedures Act.
4 (2) (a) Each corporation that willfully and knowingly violates any provision of this part
5 is subject to an administrative penalty of not more than $1,000 for each violation.
6 (b) A corporation subject to a penalty under Subsection (2)(a) may appeal the penalty
7 according to procedures and requirements of Title 63, Chapter 46b, Administrative Procedures
8 Act.
9 Section 27. Section 20A-11-801 is amended to read:
10 20A-11-801. Political issues committees -- Registration.
11 (1) Each political issues committee shall file a statement of organization with the
12 lieutenant governor's office no later than seven days after receiving political issues contributions
13 totaling at least $750 or disbursing political issues expenditures totaling at least [$750] $50 in any
14 calendar year.
15 (2) The statement of organization shall include:
16 (a) the name and address of the political issues committee;
17 (b) the name, address, occupation, and title of each officer;
18 (c) the name and address of the organization, individual, corporation, association, unit of
19 government, or union that the political issues committee represents, if any;
20 (d) the name and address of all affiliated or connected organizations and their relationships
21 to the political issues committee;
22 (e) the name, address, business address, occupation, and phone number of the committee's
23 treasurer or chief financial officer; [and]
24 (f) the name, address, and occupation of each member of the supervisory board, if any; and
25 (g) the ballot proposition whose outcome they wish to affect, and whether they support
26 or oppose it.
27 (3) (a) Any registered political issues committee that intends to permanently cease
28 operations during a calendar year shall file a notice of dissolution with the lieutenant governor's
29 office.
30 (b) Any notice of dissolution filed by a political issues committee does not exempt that
31 political issues committee from complying with the financial reporting requirements of this

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1 chapter.
2 Section 28. Section 20A-11-802 is amended to read:
3 20A-11-802. Political issues committees -- Financial reporting.
4 (1) (a) Each registered political issues committee that has made political issues
5 expenditures on current or proposed ballot issues that total at least $750 during a calendar year,
6 shall file a verified financial statement with the lieutenant governor's office on:
7 (i) January 5, reporting contributions and expenditures as of December 31 of [each] the
8 previous year;
9 (ii) [seven days before the primary election] September 15; and
10 (iii) seven days before the regular general election.
11 (b) [All] The political issues committee shall report:
12 (i) a detailed listing of all contributions received and expenditures made since the last
13 report; and
14 (ii) all contributions and [political issues] expenditures [shall be reported] as of three days
15 before the required filing date of the [verified] financial statement.
16 (c) The political issues committee need not file a report under this section if it received no
17 contributions and made no expenditures during the reporting period.
18 (2) (a) That statement shall include:
19 (i) the name, address, and occupation of any individual that makes a political issues
20 contribution to the reporting political issues committee, and the amount of the political issues
21 contribution;
22 (ii) the identification of any publicly identified class of individuals that makes a political
23 issues contribution to the reporting political issues committee, and the amount of the political
24 issues contribution;
25 (iii) the name and address of any political issues committee, group, or entity that makes
26 a political issues contribution to the reporting political issues committee, and the amount of the
27 political issues contribution;
28 (iv) the name and address of each reporting entity that makes a political issues contribution
29 to the reporting political issues committee, and the amount of the political issues contribution;
30 (v) for each nonmonetary contribution, the fair market value of the contribution;
31 (vi) the name and address of each individual, entity, or group of individuals or entities that

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1 received a political issues expenditure of more than $50 from the reporting political issues
2 committee, and the amount of each political issues expenditure;
3 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
4 (viii) the total amount of political issues contributions received and political issues
5 expenditures disbursed by the reporting political issues committee;
6 (ix) a paragraph signed by the political issues committee's treasurer or chief financial
7 officer verifying the accuracy of the verified financial statement; and
8 (x) a summary page in the form required by the lieutenant governor that identifies:
9 (A) beginning balance;
10 (B) total contributions during the period since the last statement;
11 (C) total contributions to date;
12 (D) total expenditures during the period since the last statement; and
13 (E) total expenditures to date.
14 (b) (i) Political issues contributions received by a political issues committee that have a
15 value of $50 or less need not be reported individually, but shall be listed on the report as an
16 aggregate total.
17 (ii) Two or more political issues contributions from the same source that have an aggregate
18 total of more than $50 may not be reported in the aggregate, but shall be reported separately.
19 Section 29. Section 20A-11-803 is enacted to read:
20 20A-11-803. Penalties.
21 (1) As used in this section, "administrative penalty" means a monetary fine for violations
22 of this part imposed by the lieutenant governor as a result of an adjudicative proceeding conducted
23 in accordance with Title 63, Chapter 46b, Utah Administrative Procedures Act.
24 (2) (a) Each political issues committee that willfully and knowingly violates any provision
25 of this part is subject to an administrative penalty of not more than $1,000 for each violation.
26 (b) A political issues committee subject to a penalty under Subsection (2)(a) may appeal
27 the penalty according to procedures and requirements of Title 63, Chapter 46b, Administrative
28 Procedures Act.
29 Section 30. Section 20A-11-1001 is amended to read:
30 20A-11-1001. Blanks for statements prepared and furnished by chief election office.
31 The [lieutenant governor] chief election officer shall:

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1 (1) develop and prepare forms for all statements required by this chapter; and
2 (2) provide copies of the forms to the secretary of every committee, to every candidate,
3 and to all others who request them.
4 Section 31. Section 20A-11-1002 is amended to read:
5 20A-11-1002. Retention and public inspection of financial statements -- Written
6 complaint if statement is false or unlawful.
7 (1) The [lieutenant governor] chief election officer shall:
8 (a) make each financial statement required by this chapter open to public inspection in the
9 office of the [lieutenant governor] chief election officer;
10 (b) preserve those statements for at least five years; and
11 (c) provide certified copies of the financial statements in the same manner as for other
12 public records.
13 (2) Any candidate or voter may file a written complaint with the [lieutenant governor]
14 chief election officer alleging that a filed financial statement does not conform to law or to the
15 truth.
16 Section 32. Section 20A-11-1301 is enacted to read:
17 Part 13. State and Local School Board Candidates
18 20A-11-1301. School board office candidate -- Campaign requirements.
19 (1) Each school board office candidate shall deposit each contribution and public service
20 assistance received in one or more separate accounts in a financial institution that are dedicated
21 only to that purpose.
22 (2) A school board office candidate may not deposit or mingle any contributions or public
23 service assistance received into a personal or business account.
24 (3) A school board office candidate may not make any political expenditures prohibited
25 by law.
26 (4) If a person who is no longer a school board candidate chooses not to expend the monies
27 remaining in his campaign account, the person shall continue to file the year-end summary report
28 required by Section 20A-11-1302 until the statement of dissolution and final summary report
29 required by Section 20A-11-1304 are filed with:
30 (a) the lieutenant governor, in the case of a state school board candidate; and
31 (b) the county clerk, in the case of a local school board candidate.

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1 Section 33. Section 20A-11-1302 is enacted to read:
2 20A-11-1302. School board office candidate -- Financial reporting requirements --
3 Year-end summary report.
4 (1) Each school board office candidate shall file a summary report by January 5 of the year
5 after the regular general election year.
6 (2) (a) Each summary report shall include the following information as of December 31
7 of the last regular general election year:
8 (i) the net balance of the last summary report, if any;
9 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
10 any, during the calendar year in which the summary report is due;
11 (iii) a single figure equal to the total amount of expenditures reported on all interim
12 reports, if any, filed during the election year;
13 (iv) a detailed listing of each receipt, contribution, and public service assistance since the
14 last summary report that has not been reported in detail on an interim report;
15 (v) for each nonmonetary contribution, the fair market value of the contribution;
16 (vi) a detailed listing of each expenditure made since the last summary report that has not
17 been reported in detail on an interim report;
18 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
19 (viii) a net balance for the year consisting of the net balance from the last summary report,
20 if any, plus all receipts minus all expenditures.
21 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
22 aggregate figure may be reported without separate detailed listings.
23 (ii) Two or more contributions from the same source that have an aggregate total of more
24 than $50 may not be reported in the aggregate, but shall be reported separately.
25 (c) In preparing the report, all receipts and expenditures shall be reported as of December
26 31 of the last regular general election year.
27 (3) The summary report shall contain a paragraph signed by the school board office
28 candidate certifying that all receipts and all expenditures have been reported as of December 31
29 of the last regular general election year and that there are no bills or obligations outstanding and
30 unpaid except as set forth in that report.
31 (4) school board office candidates reporting under this section need only report receipts

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1 received and expenditures made after May 5, 1997.
2 Section 34. Section 20A-11-1303 is enacted to read:
3 20A-11-1303. School board office candidate -- Financial reporting requirements --
4 Interim reports.
5 (1) Each school board office candidate shall file an interim report at the following times
6 in any year in which the candidate has filed a declaration of candidacy for a public office:
7 (a) seven days before the regular primary election date, if the candidate is on the ballot in
8 the primary election;
9 (b) September 15, unless the candidate is unopposed; and
10 (c) seven days before the regular general election date.
11 (2) Each interim report shall include the following information:
12 (a) the net balance of the last summary report, if any;
13 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
14 if any, during the calendar year in which the interim report is due;
15 (c) a single figure equal to the total amount of expenditures reported on all prior interim
16 reports, if any, filed during the calendar year in which the interim report is due;
17 (d) a detailed listing of each contribution and public service assistance received since the
18 last summary report that has not been reported in detail on a prior interim report;
19 (e) for each nonmonetary contribution, the fair market value of the contribution;
20 (f) a detailed listing of each expenditure made since the last summary report that has not
21 been reported in detail on a prior interim report;
22 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
23 (h) a net balance for the year consisting of the net balance from the last summary report,
24 if any, plus all receipts since the last summary report minus all expenditures since the last
25 summary report; and
26 (i) a summary page in the form required by the lieutenant governor that identifies:
27 (i) beginning balance;
28 (ii) total contributions during the period since the last statement;
29 (iii) total contributions to date;
30 (iv) total expenditures during the period since the last statement; and
31 (v) total expenditures to date.

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1 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
2 aggregate figure may be reported without separate detailed listings.
3 (b) Two or more contributions from the same source that have an aggregate total of more
4 than $50 may not be reported in the aggregate, but shall be reported separately.
5 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
6 three days before the required filing date of the report.
7 (5) School board office candidates reporting under this section need only report
8 contributions received and expenditures made after May 5, 1997.
9 Section 35. Section 20A-11-1304 is enacted to read:
10 20A-11-1304. School board office candidate -- Financial reporting requirements --
11 Termination of duty to report.
12 (1) Each school board candidate is subject to interim reporting requirements until the
13 candidate withdraws or is eliminated in a primary.
14 (2) Each school board office candidate is subject to year-end summary reporting
15 requirements until the candidate has filed a statement of dissolution stating that:
16 (a) the school board office candidate is no longer receiving contributions and is no longer
17 making expenditures;
18 (b) the ending balance on the last summary report filed is zero and the balance in the
19 separate bank account required in Section 20A-11-1301 is zero; and
20 (c) a final summary report in the form required by Section 20A-11-1302 showing a zero
21 balance is attached to the statement of dissolution.
22 (3) A statement of dissolution and a final summary report may be filed at any time.
23 (4) Each school board office candidate shall continue to file the year-end summary report
24 required by Section 20A-11-1302 until the statement of dissolution and final summary report
25 required by this section are filed.
26 Section 36. Section 20A-11-1305 is enacted to read:
27 20A-11-1305. Penalties.
28 (1) As used in this section:
29 (a) "Administrative penalty" means:
30 (i) a state administrative penalty, for state school board candidates; and
31 (ii) a local administrative penalty, for local school board candidates.

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1 (b) "Local administrative penalty" means a monetary fine for violations of this part
2 imposed by the county clerk as a result of an adjudicative proceeding conducted in accordance
3 with procedural due process requirements of the United States and Utah constitutions.
4 (c) "State administrative penalty" means a monetary fine for violations of this part
5 imposed by the lieutenant governor as a result of an adjudicative proceeding conducted in
6 accordance with Title 63, Chapter 46b, Administrative Procedures Act.
7 (2) (a) Each school board office candidate who willfully and knowingly violates any
8 provision of this part is subject to an administrative penalty of not more than $1,000 for each
9 violation.
10 (b) (i) A state school board candidate subject to a penalty under Subsection (2)(a) may
11 appeal the penalty according to procedures and requirements of Title 63, Chapter 46b,
12 Administrative Procedures Act.
13 (ii) A local school board candidate subject to a penalty under Subsection (2)(a) may appeal
14 the penalty to the district court for a de novo review.
15 (3) A school board office candidate assessed a penalty under this section may not pay the
16 penalty from contributions, receipts, or from the separate bank account required by this part.
17 Section 37. Repealer.
18 This act repeals:
19 Section 20A-11-206, State office candidate -- Failure to file statement -- Name not
20 printed on ballot -- Filling vacancy.
21 Section 20A-11-207, State office candidate -- Criminal penalties.
22 Section 20A-11-305, Legislative office candidate -- Failure to file statement -- Name
23 not printed on ballot -- Filling vacancy.
24 Section 20A-11-306, Legislative office candidate -- Criminal penalties.
25 Section 20A-11-403, Officeholder financial reporting requirements -- Criminal
26 penalties.
27 Section 20A-11-508, Political party registration requirements -- Criminal penalties.
28 Section 20A-11-902, Restrictions on newspaper and other publications.
29 Section 20A-11-1003, Inspection of statements -- Notice to responsible committee or
30 person of failure to file or noncompliance.

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