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S.B. 81 Enrolled
AN ACT RELATING TO ELECTION LAW; MODIFYING DEFINITIONS; MODIFYING
CAMPAIGN CONTRIBUTION AND REPORTING REQUIREMENTS; CLARIFYING
REQUIREMENTS CONNECTED WITH CAMPAIGN ACCOUNTS AND REPORTING
REQUIREMENTS; MODIFYING PENALTIES AND PROCEDURES RELATING TO
FAILURE TO FILE TIMELY CAMPAIGN FINANCIAL REPORTS; ESTABLISHING
CERTAIN PENALTIES; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-9-201, as last amended by Chapter 258, Laws of Utah 1996
20A-11-101, as last amended by Chapter 152, Laws of Utah 1995
20A-11-201, as enacted by Chapter 1, Laws of Utah 1995
20A-11-202, as enacted by Chapter 1, Laws of Utah 1995
20A-11-203, as last amended by Chapter 152, Laws of Utah 1995
20A-11-204, as last amended by Chapter 152, Laws of Utah 1995
20A-11-205, as enacted by Chapter 1, Laws of Utah 1995
20A-11-206, as enacted by Chapter 1, Laws of Utah 1995
20A-11-301, as enacted by Chapter 1, Laws of Utah 1995
20A-11-302, as last amended by Chapter 152, Laws of Utah 1995
20A-11-303, as last amended by Chapter 152, Laws of Utah 1995
20A-11-304, as enacted by Chapter 1, Laws of Utah 1995
20A-11-305, as enacted by Chapter 1, Laws of Utah 1995
20A-11-401, as last amended by Chapter 152, Laws of Utah 1995
20A-11-402, as enacted by Chapter 1, Laws of Utah 1995
20A-11-506, as last amended by Chapter 152, Laws of Utah 1995
20A-11-507, as last amended by Chapter 152, Laws of Utah 1995
20A-11-602, as last amended by Chapter 152, Laws of Utah 1995
20A-11-701, as enacted by Chapter 1, Laws of Utah 1995
20A-11-702, as enacted by Chapter 1, Laws of Utah 1995
20A-11-801, as enacted by Chapter 1, Laws of Utah 1995
20A-11-802, as last amended by Chapter 152, Laws of Utah 1995
20A-11-1001, as enacted by Chapter 1, Laws of Utah 1995
20A-11-1002, as enacted by Chapter 1, Laws of Utah 1995
ENACTS:
20A-11-103, Utah Code Annotated 1953
20A-11-505.5, Utah Code Annotated 1953
20A-11-603, Utah Code Annotated 1953
20A-11-703, Utah Code Annotated 1953
20A-11-803, Utah Code Annotated 1953
20A-11-1301, Utah Code Annotated 1953
20A-11-1302, Utah Code Annotated 1953
20A-11-1303, Utah Code Annotated 1953
20A-11-1304, Utah Code Annotated 1953
20A-11-1305, Utah Code Annotated 1953
REPEALS AND REENACTS:
20A-11-403, as enacted by Chapter 1, Laws of Utah 1995
20A-11-508, as enacted by Chapter 1, Laws of Utah 1995
REPEALS:
20A-11-207, as enacted by Chapter 1, Laws of Utah 1995
20A-11-306, as enacted by Chapter 1, Laws of Utah 1995
20A-11-902, as enacted by Chapter 1, Laws of Utah 1995
20A-11-1003, as enacted by Chapter 1, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-9-201 is amended to read:
20A-9-201. Declarations of candidacy -- Candidacy for more than one office prohibited
-- General filing and form requirements.
(1) Before filing a declaration of candidacy for election to any office, a person shall:
(a) be a United States citizen; and
(b) meet the legal requirements of that office.
(2) A person may not file for, or be a candidate for, more than one elective office during any
election year.
(3) If the final date established for filing a declaration of candidacy is a Saturday or Sunday,
the filing time shall be extended until 5 p.m. on the following Monday.
(4) (a) (i) Before the filing officer may accept any declaration of candidacy, the filing officer
shall:
(A) read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking; and
(B) require the candidate to state whether or not the candidate meets those requirements.
(ii) Before accepting a declaration of candidacy for the office of county attorney, the county
clerk shall ensure that the person filing that declaration of candidacy is:
(A) a United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good standing
of the Utah State Bar;
(C) a registered voter in the county in which he is seeking office; and
(D) a current resident of the county in which he is seeking office and has been a resident of
that county for at least one year.
(b) If the prospective candidate states that he does not meet the qualification requirements
for the office, the filing officer may not accept the prospective candidate's declaration of candidacy.
(c) If the candidate states that he meets the requirements of candidacy, the filing officer
shall:
(i) accept the candidate's declaration of candidacy; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of the declaration
of candidacy to the chair of the county or state political party of which the candidate is a member.
(5) The form of the declaration of candidacy shall be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of ____ as
a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office, both
legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____,
Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
and elections; and I will qualify for the office if elected to it. The mailing address that I designate
for receiving official election notices is _____________________________________.
____________________________________________________________________
Subscribed and sworn before me this ____ day of ____, 19__.
_________________________________________________
Notary Public (or other officer qualified to administer oath.)"
(6) (a) The fee for filing a declaration of candidacy is:
(i) $25 for candidates for the local school district board; and
(ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person holding
the office, but not less than $5, for all other federal, state, and county offices.
(b) The filing officer shall refund the filing fee to any candidate:
(i) who is disqualified; or
(ii) who the filing officer determines has filed improperly.
(c) (i) The county clerk shall immediately pay to the county treasurer all fees received from
candidates.
(ii) The lieutenant governor shall:
(A) apportion to and pay to the county treasurers of the various counties all fees received for
filing of nomination certificates or acceptances; and
(B) ensure that each county receives that proportion of the total amount paid to the lieutenant
governor from the congressional district that the total vote of that county for all candidates for
representative in Congress bears to the total vote of all counties within the congressional district for
all candidates for representative in Congress.
(d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
impecuniosity filed with the filing officer.
(ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
substantially the following form:
"Affidavit of Impecuniosity
Individual Name ____________________________Address_____________________________
Phone Number _________________
I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
I am unable to pay the filing fee required by law.
Date ______________ Signature________________________________________________
Affiant
Subscribed and sworn to before me on ___________(date)
______________________
(signature)
Name and Title of Officer Authorized to Administer Oath:"
(7) Any person who fails to file a declaration of candidacy or certificate of nomination
within the time provided in this chapter is ineligible for nomination to office.
Section 2. Section 20A-11-101 is amended to read:
20A-11-101. Definitions.
As used in this chapter:
(1) "Address" means the number and street where an individual resides or where a reporting
entity has its principal office.
(2) "Ballot proposition" includes initiatives, referenda, proposed constitutional amendments,
and any other ballot propositions submitted to the voters that are authorized by the Utah Code
Annotated 1953.
(3) "Candidate" means any person who:
(a) files a declaration of candidacy for a public office; or
(b) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination or election to a
public office.
(4) "Chief election officer" means:
(a) the lieutenant governor for state office candidates, legislative office candidates,
officeholders, political parties, political action committees, corporations, political issues committees,
and state school board candidates; and
(b) the county clerk for local school board candidates.
[
last regular general election and polled a total vote equal to 2% or more of the total votes cast for all
candidates for the United States House of Representatives.
[
(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value
given to the filing entity;
(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything
of value to the filing entity;
(iii) any transfer of funds from another reporting entity or a corporation to the filing entity;
(iv) compensation paid by any person or reporting entity other than the filing entity for
personal services provided without charge to the filing entity;
(v) remuneration from any organization or its directly affiliated organization that has a
registered lobbyist to compensate a legislator for a loss of salary or income while the Legislature is
in session;
(vi) salaries or other remuneration paid to a legislator by any agency or subdivision of the
state, including school districts, for the period the Legislature is in session; and
(vii) goods or services provided to or for the benefit of the filing entity at less than fair
market value.
(b) "Contribution" does not include:
(i) services provided without compensation by individuals volunteering a portion or all of
their time on behalf of the filing entity; or
(ii) money lent to the filing entity by a financial institution in the ordinary course of
business.
[
organization that is registered as a corporation or is authorized to do business in a state and makes
any expenditure from corporate funds for:
(i) political purposes; or
(ii) the purpose of influencing the approval or the defeat of any ballot proposition.
(b) "Corporation" does not mean:
(i) a business organization's political action committee or political issues committee; or
(ii) a business entity organized as a partnership or a sole proprietorship.
[
(a) for each contribution or public service assistance:
(i) the name and address of the individual or source making the contribution or public
service assistance;
(ii) the amount or value of the contribution or public service assistance; and
(iii) the date the contribution or public service assistance was made; and
(b) for each expenditure:
(i) the amount of the expenditure;
(ii) the person or entity to whom it was disbursed;
(iii) the specific purpose [
(iv) the date the expenditure was made.
[
(a) regular general election;
(b) regular primary election; and
(c) special election at which candidates are eliminated and selected.
[
(i) any disbursement from contributions, receipts, or from the separate bank account required
by this chapter;
(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
anything of value made for political purposes;
(iii) an express, legally enforceable contract, promise, or agreement to make any purchase,
payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for
political purposes;
(iv) compensation paid by a corporation or filing entity for personal services rendered by
a person without charge to a reporting entity;
(v) a transfer of funds between the filing entity and a candidate's personal campaign
committee; or
(vi) goods or services provided by the filing entity to or for the benefit of another reporting
entity for political purposes at less than fair market value.
(b) "Expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or all of
their time on behalf of a reporting entity;
(ii) money lent to a reporting entity by a financial institution in the ordinary course of
business; or
(iii) anything listed in Subsection (5)(a) that is given by a corporation or reporting entity to
candidates for office or officeholders in states other than Utah.
[
chapter.
[
statement disclosing contributions, expenditures, receipts, donations, or disbursements that is
required by this chapter.
[
the candidates and committees that will receive expenditures from a political action committee.
[
[
expenditures made since the last report.
[
of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip
of any party caucus in either house of the Legislature.
[
(a) files a declaration of candidacy for the office of state senator or state representative;
(b) declares himself to be a candidate for, or actively campaigns for, the position of speaker
of the House of Representatives, president of the Senate, or the leader, whip, and assistant whip of
any party caucus in either house of the Legislature; and
(c) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination or election to a
legislative office.
[
(18) "Newly registered political party" means an organization of voters that has complied
with the petition and organizing procedures of this chapter to become a registered political party.
(19) "Officeholder" means a person who holds a public office.
(20) "Party committee" means any committee [
(21) "Person" means both natural and legal persons, including individuals, business
organizations, personal campaign committees, party committees, political action committees,
political issues committees, labor unions, and labor organizations.
(22) "Personal campaign committee" means the committee appointed by a candidate to act
for the candidate as provided in this chapter.
(23) (a) "Political action committee" means an entity, or any group of individuals or entities
within or outside this state, that solicits or receives contributions from any other person, group, or
entity or makes expenditures for political purposes. A group or entity may not divide or separate
into units, sections, or smaller groups for the purpose of avoiding the financial reporting
requirements of this chapter, and substance shall prevail over form in determining the scope or size
of a political action committee.
(b) "Political action committee" includes groups affiliated with a registered political party
but not authorized or organized by the governing board of the registered political party that receive
contributions or makes expenditures for political purposes.
[
(i) a party committee;
(ii) any entity that provides goods or services to a candidate or committee in the regular
course of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checking account;
(v) a corporation; or
(vi) a personal campaign committee.
(24) "Political convention" means a county or state political convention held by a registered
political party to select candidates.
(25) (a) "Political issues committee" means an entity, or any group of individuals or entities
within or outside this state, that solicits or receives donations from any other person, group, or entity
or makes disbursements to influence, or to intend to influence, directly or indirectly, any person to
assist in placing a ballot proposition on the ballot, to assist in keeping a ballot proposition off the
ballot, or to refrain from voting or to vote for or to vote against any ballot proposition.
(b) "Political issues committee" does not mean:
(i) a registered political party or a party committee;
(ii) any entity that provides goods or services to an individual or committee in the regular
course of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checking account;
or
(v) a corporation, except a corporation whose apparent purpose is to act as a political issues
committee.
(26) (a) "Political issues contribution" means any of the following:
(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
anything of value given to a political issues committee;
(ii) an express, legally enforceable contract, promise, or agreement to make a political issues
donation to influence the approval or defeat of any ballot proposition;
(iii) any transfer of funds received by a political issues committee from a reporting entity;
(iv) compensation paid by another reporting entity for personal services rendered without
charge to a political issues committee; and
(v) goods or services provided to or for the benefit of a political issues committee at less than
fair market value.
(b) "Political issues contribution" does not include:
(i) services provided without compensation by individuals volunteering a portion or all of
their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinary
course of business.
(27) (a) "Political issues expenditure" means any of the following:
(i) any payment from political issues contributions made for the purpose of influencing the
approval or the defeat of a statewide ballot proposition;
(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for the
purpose of influencing the approval or the defeat of a statewide ballot proposition;
(iii) an express, legally enforceable contract, promise, or agreement to make any political
issues expenditure;
(iv) compensation paid by a reporting entity for personal services rendered by a person
without charge to a political issues committee; or
(v) goods or services provided to or for the benefit of another reporting entity at less than
fair market value.
(b) "Political issues expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or all of
their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinary
course of business.
(28) "Political purposes" means an act done with the intent or in a way to influence or tend
to influence, directly or indirectly, any person to refrain from voting or to vote for or against any
candidate for public office at any caucus, political convention, primary, or election.
(29) "Primary election" means any regular primary election held under the election laws.
(30) "Public office" means the office of governor, lieutenant governor, state auditor, state
treasurer, attorney general, state or local school board member, state senator, state representative,
speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant
whip of any party caucus in either house of the Legislature.
(31) (a) "Public service assistance" means the following when given or provided to an
officeholder to defray the costs of functioning in a public office or aid the officeholder to
communicate with the officeholder's constituents:
(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
money or anything of value to an officeholder; or
(ii) goods or services provided at less than fair market value to or for the benefit of the
officeholder.
(b) "Public service assistance" does not include:
(i) anything provided by the state;
(ii) services provided without compensation by individuals volunteering a portion or all of
their time on behalf of an officeholder;
(iii) money lent to an officeholder by a financial institution in the ordinary course of
business;
(iv) news coverage or any publication by the news media; or
(v) any article, story, or other coverage as part of any regular publication of any organization
unless substantially all the publication is devoted to information about the officeholder.
(32) "Publicly identified class of individuals" means a group of 50 or more individuals
sharing a common occupation, interest, or association that contribute to a political action committee
or political issues committee and whose names can be obtained by contacting the political action
committee or political issues committee upon whose financial report they are listed.
(33) "Receipts" means contributions and public service assistance.
(34) "Registered lobbyist" means a person registered under Title 36, Chapter 11, Lobbyist
Disclosure and Regulation Act.
(35) "Registered political action committee" means any political action committee that is
required by this chapter to file a statement of organization with the lieutenant governor's office.
(36) "Registered political issues committee" means any political issues committee that is
required by this chapter to file a statement of organization with the lieutenant governor's office.
(37) "Registered political party" means an organization of voters that:
(a) participated in the last regular general election and polled a total vote equal to 2% or
more of the total votes cast for all candidates for the United States House of Representatives for any
of its candidates for any office; or
(b) has complied with the petition and organizing procedures of this chapter.
(38) "Report" means a verified financial statement.
(39) "Reporting entity" means a candidate, a candidate's personal campaign committee, an
officeholder, and a party committee, a political action committee, and a political issues committee.
(40) "School board office" means the office of state school board or local school board.
[
general, state auditor, and state treasurer.
[
(a) files a declaration of candidacy for a state office; or
(b) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination or election to a
state office.
[
reporting entity's contributions and expenditures.
[
expenditures from a political issues committee.
Section 3. Section 20A-11-103 is enacted to read:
20A-11-103. Reports -- Form of submission.
(1) (a) (i) Ten days before a report from a state office candidate, legislative office candidate,
state school board candidate, political party, political action committee, or political issues committee
is due under this chapter, the lieutenant governor shall inform those candidates and entities by mail:
(A) that the report is due; and
(B) the date that the report is due.
(ii) In addition to the information required by Subsection (1)(a)(i) and in the same mailing,
ten days before the interim reports for candidates are due, the lieutenant governor shall inform the
candidate that if the report is not received in the lieutenant governor's office by 5 p.m. on the date
that it is due, voters will be informed that the candidate has been disqualified and any votes cast for
the candidate will not be counted.
(iii) In addition to the information required by Subsection (1)(a)(i) and in the same mailing,
ten days before the interim reports or verified financial statements for entities that are due September
15 and before the regular general election are due, and ten days before summary reports or January
5 financial statements are due, the lieutenant governor shall inform the entity, candidate, or
officeholder that if the report is not received in the lieutenant governor's office by the date that it is
due, the entity, candidate, or officeholder may be guilty of a class B misdemeanor for failing to file
the report or statement.
(b) Ten days before a report from a local school board candidate is due under this chapter,
the county clerk shall inform the candidate by mail:
(i) that the report is due;
(ii) the date that the report is due; and
(iii) if the report is not received in the county clerk's office by 5 p.m. on the date that it is
due, voters will be informed that the candidate has been disqualified and any votes cast for the
candidate will not be counted.
(2) Persons or entities submitting reports required by this chapter may submit them:
(a) on paper, printed, typed, or legibly handwritten or hand printed;
(b) on a computer disk according to specifications established by the chief election officer
and, accompanied by a statement signed by the person or entity submitting the report certifying the
accuracy of the information contained on the computer disk;
(c) via fax; or
(d) via electronic mail according to specifications established by the chief election officer.
(3) A report is considered filed if:
(a) it is received in the chief election officer's office no later than 5:00 p.m. on the date that
it is due;
(b) it is received in the chief election officer's office with a postmark three days or more
before the date that the report was due; or
(c) the candidate or entity has proof that the report was mailed, with appropriate postage and
addressing, three days before the report was due.
Section 4. Section 20A-11-201 is amended to read:
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 his 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.
Section 5. Section 20A-11-202 is amended to read:
20A-11-202. State office candidate -- Personal campaign committee required.
(1) (a) (i) Each state office candidate shall select no more than one personal campaign
committee, consisting of one or more persons, to receive contributions, make expenditures, and file
reports connected with the candidate's campaign.
(ii) A state office candidate may serve as his own campaign committee.
(b) Except for [
benefit a party's candidates generally, a state office candidate or other person acting in concert with
or with the knowledge of the state office candidate may not receive any contributions or make any
expenditures on behalf of a state office candidate other than through a personal campaign committee
established under this section.
(2) (a) The state office candidate shall file a written statement signed by the [
lieutenant governor that:
(i) informs the lieutenant governor that the state office candidate's personal campaign
committee has been selected; and
(ii) provides the name and address of each member and the secretary of the committee.
(b) A state office candidate or the candidate's personal campaign committee may not [
filed.
(c) A state office candidate may revoke the selection of any member of the campaign
committee by:
(i) revoking that person's appointment or election in writing;
(ii) personally serving the written revocation on the member whose selection is revoked; and
(iii) filing a copy of the written revocation with the lieutenant governor.
(d) (i) The state office candidate may select a replacement to fill any vacancy on the
campaign committee.
(ii) The state office candidate shall file that replacement's name and address with the
lieutenant governor.
(3) A member of a state office candidate's personal campaign committee may not make an
expenditure of more than $1,000 unless the state office candidate or the secretary of the personal
campaign committee authorizes the expenditure in writing.
(4) A state office candidate or the candidate's personal campaign committee may not make
any expenditures prohibited by law.
Section 6. Section 20A-11-203 is amended to read:
20A-11-203. State office candidate -- Financial reporting requirements -- Year-end
summary report.
(1) Each state office candidate shall file a summary report by [
January 5 of the year after the regular general election year.
(2) (a) Each summary report shall include the following information as of December 31 of
the last regular general election year:
(i) the net balance of the last summary report, if any;
(ii) a single figure equal to the total amount of receipts reported on all interim reports, if
any[
(iii) a single figure equal to the total amount of expenditures reported on all interim reports,
if any, filed during the [
(iv) a detailed listing of each contribution and public service assistance received since the
last summary report that has not been reported in detail on an interim report;
(v) for each nonmonetary contribution, the fair market value of the contribution;
(vi) a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on an interim report;
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
(viii) a net balance for the year consisting of the net balance from the last summary report,
if any, plus all receipts minus all expenditures.
(b) (i) For all [
single aggregate figure may be reported without separate detailed listings.
(ii) Two or more contributions from the same source that have an aggregate total of more
than $50 may not be reported in the aggregate, but shall be reported separately.
(c) In preparing the report, all receipts and expenditures shall be reported as of [
(3) The summary report shall contain a paragraph signed by [
member of the state office candidate's personal campaign committee or by the state office candidate
certifying that, to the best of the signer's knowledge, all receipts and all expenditures have been
reported as of [
election year and that there are no bills or obligations outstanding and unpaid except as set forth in
that report.
[
[
[
received and expenditures made after April 29, 1991.
Section 7. Section 20A-11-204 is amended to read:
20A-11-204. State office candidate -- Financial reporting requirements -- Interim
reports.
(1) Each state office candidate shall file an interim report at the following times in any year
in which the candidate has filed a declaration of candidacy for a public office:
(a) [
candidate's same party has filed a declaration of candidacy for the particular public office that the
candidate seeks; [
[
(b) seven days before the regular primary election date; [
(c) September 15; and
[
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim reports,
if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior interim
reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since the last
summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution, the fair market value of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary report, if
any, plus all receipts since the last summary report minus all expenditures since the last summary
report; and
(i) a summary page in the form required by the lieutenant governor that identifies:
(A) beginning balance;
(B) total contributions during the period since the last statement;
(C) total contributions to date;
(D) total expenditures during the period since the last statement; and
(E) total expenditures to date.
(3) (a) For all individual contributions or public service assistance of $50 or less, a single
aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of more
than $50 may not be reported in the aggregate, but shall be reported separately.
(4) In preparing each interim report, all receipts and expenditures shall be reported as of
three days before the required filing date of the report.
[
[
[
received and expenditures made after April 29, 1991.
Section 8. Section 20A-11-205 is amended to read:
20A-11-205. State office candidate -- Financial reporting requirements -- Termination
of duty to report.
(1) Each state office candidate and the candidate's personal campaign committee is active
and subject to interim reporting requirements until the candidate withdraws or is eliminated in a
convention or primary.
[
active and subject to year-end summary reporting requirements until the candidate has filed a
statement of dissolution with the lieutenant governor stating that:
(a) the state office candidate or the personal campaign committee is no longer receiving
contributions and is no longer making expenditures;
(b) the ending balance on the last summary report filed is zero and the balance in the separate
bank account required in Section 20A-11-201 is zero; and
(c) a final summary report in the form required by Section 20A-11-203 showing a zero
balance is attached to the statement of dissolution.
[
(4) Each state office candidate and the candidate's personal campaign committee 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 this section are filed with the lieutenant governor.
Section 9. Section 20A-11-206 is amended to read:
20A-11-206. State office candidate -- Failure to file reports -- Penalties.
(1) (a) [
candidate [
primary election, September 15, or before the regular general election, the lieutenant governor shall,
after making a reasonable attempt to discover if the report was timely mailed, inform the county
clerk and other appropriate election officials who:
(i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
name before the ballots are delivered to voters; or
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
voters by any practicable method that the candidate has been disqualified and that votes cast for the
candidate will not be counted; and
(iii) may not count any votes for that candidate.
[
this part is disqualified and the vacancy on the ballot may be filled as provided in Section
20A-1-501.
(c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not disqualified
if the candidate, in good faith:
(i) files the reports required by this section on time even if an error or inaccuracy in the
report requires the state office candidate to file an amended report after the deadline; and
(ii) the error is corrected in an amended report or in the next scheduled report.
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
governor shall review each filed summary report to ensure that:
(i) each state office candidate that is required to file a summary report has filed one; and
(ii) each summary report contains the information required by this part.
(b) If it appears that any state office candidate has failed to file the summary report required
by law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
governor has received a written complaint alleging a violation of the law or the falsity of any
summary report, the lieutenant governor shall, within five days of discovery of a violation or receipt
of a written complaint, notify the state office candidate of the violation or written complaint and
direct the state office candidate to file a summary report correcting the problem.
(c) (i) It is unlawful for any state office candidate to fail to file or amend a summary report
within 14 days after receiving notice from the lieutenant governor under this section.
(ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the attorney
general.
Section 10. Section 20A-11-301 is amended to read:
20A-11-301. Legislative office candidate -- Campaign requirements.
(1) Each legislative office candidate shall deposit each contribution and public service
assistance received in one or more separate accounts in a financial institution that are dedicated only
to that purpose.
(2) A legislative office candidate may not deposit or mingle any contributions or public
service assistance received into a personal or business account.
(3) A legislative office candidate may not make any political expenditures prohibited by law.
(4) If a person who is no longer a legislative candidate chooses not to expend the monies
remaining in his campaign account, the person shall continue to file the year-end summary report
required by Section 20A-11-302 until the statement of dissolution and final summary report required
by Section 20A-11-304 are filed with the lieutenant governor.
Section 11. Section 20A-11-302 is amended to read:
20A-11-302. Legislative office candidate -- Financial reporting requirements --
Year-end summary report.
(1) Each legislative office candidate shall file a summary report by [
January 5 of the year after the regular general election year.
(2) (a) Each summary report shall include the following information as of December 31 of
the last regular general election year:
(i) the net balance of the last summary report, if any;
(ii) a single figure equal to the total amount of receipts reported on all interim reports, if any,
during the calendar year in which the summary report is due;
(iii) a single figure equal to the total amount of expenditures reported on all interim reports,
if any, filed during the [
(iv) a detailed listing of each receipt, contribution, and public service assistance since the
last summary report that has not been reported in detail on an interim report;
(v) for each nonmonetary contribution, the fair market value of the contribution;
(vi) a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on an interim report;
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
(viii) a net balance for the year consisting of the net balance from the last summary report,
if any, plus all receipts minus all expenditures.
(b) (i) For all individual contributions or public service assistance of $50 or less, a single
aggregate figure may be reported without separate detailed listings.
(ii) Two or more contributions from the same source that have an aggregate total of more
than $50 may not be reported in the aggregate, but shall be reported separately.
(c) In preparing the report, all receipts and expenditures shall be reported as of [
(3) The summary report shall contain a paragraph signed by the legislative office candidate
certifying that to the best of the candidate's knowledge, all receipts and all expenditures have been
reported as of [
election year and that there are no bills or obligations outstanding and unpaid except as set forth in
that report.
[
[
[
received and expenditures made after April 29, 1991.
Section 12. Section 20A-11-303 is amended to read:
20A-11-303. Legislative office candidate -- Financial reporting requirements -- Interim
reports.
(1) Each legislative office candidate shall file an interim report at the following times in any
year in which the candidate has filed a declaration of candidacy for a public office:
(a) seven days before any political convention if more than one individual in the candidate's
same party has filed a declaration of candidacy for the particular public office that the candidate
seeks;
(b) seven days before the regular primary election date, if the candidate is on the ballot in
the primary election; [
(c) September 15, unless the candidate is unopposed; and
[
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim reports,
if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior interim
reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since the last
summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution, the fair market value of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary report, if
any, plus all receipts since the last summary report minus all expenditures since the last summary
report; and
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date.
(3) (a) For all individual contributions or public service assistance of $50 or less, a single
aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of more
than $50 may not be reported in the aggregate, but shall be reported separately.
(4) In preparing each interim report, all receipts and expenditures shall be reported as of
three days before the required filing date of the report.
[
[
[
contributions received and expenditures made after April 29, 1991.
Section 13. Section 20A-11-304 is amended to read:
20A-11-304. Legislative office candidate -- Financial reporting requirements --
Termination of duty to report.
(1) Each legislative candidate is subject to interim reporting requirements until the candidate
withdraws or is eliminated in a convention or primary.
[
requirements until the candidate has filed a statement of dissolution with the lieutenant governor
stating that:
(a) the legislative office candidate is no longer receiving contributions and is no longer
making expenditures;
(b) the ending balance on the last summary report filed is zero and the balance in the separate
bank account required in Section 20A-11-301 is zero; and
(c) a final summary report in the form required by Section 20A-11-302 showing a zero
balance is attached to the statement of dissolution.
[
(4) Each legislative office candidate shall continue to file the year-end summary report
required by Section 20A-11-302 until the statement of dissolution and final summary report required
by this section are filed with the lieutenant governor.
Section 14. Section 20A-11-305 is amended to read:
20A-11-305. Legislative office candidate -- Failure to file report -- Name not printed
on ballot -- Filling vacancy.
(1) (a) [
office candidate [
report due before the regular primary election, September 15, or before the regular general election,
the lieutenant governor shall, after making a reasonable attempt to discover if the report was timely
mailed, inform the county clerk and other appropriate election officials who:
(i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
name before the ballots are delivered to voters; or
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
voters by any practicable method that the candidate has been disqualified and that votes cast for the
candidate will not be counted; and
(iii) may not count any votes for that candidate.
[
required by this part is disqualified and the vacancy on the ballot may be filled as provided in
Section 20A-1-501.
(c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
disqualified if the candidate, in good faith:
(i) files the reports required by this section on time even if an error or inaccuracy in the
report requires the legislative office candidate to file an amended report after the deadline; and
(ii) the error is corrected in an amended report or in the next scheduled report.
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
governor shall review each filed summary report to ensure that:
(i) each legislative office candidate that is required to file a summary report has filed one;
and
(ii) each summary report contains the information required by this part.
(b) If it appears that any legislative office candidate has failed to file the summary report
required by law, if it appears that a filed summary report does not conform to the law, or if the
lieutenant governor has received a written complaint alleging a violation of the law or the falsity of
any summary report, the lieutenant governor shall, within five days of discovery of a violation or
receipt of a written complaint, notify the legislative office candidate of the violation or written
complaint and direct the legislative office candidate to file a summary report correcting the problem.
(c) (i) It is unlawful for any legislative office candidate to fail to file or amend a summary
report within 14 days after receiving notice from the lieutenant governor under this section.
(ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a class B
misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the attorney
general.
Section 15. Section 20A-11-401 is amended to read:
20A-11-401. Officeholder financial reporting requirements -- Year-end summary
report.
(1) Each officeholder shall file a summary report by [
year after the regular general election year.
(2) (a) Each summary report shall include the following information as of December 31 of
the last regular general election year:
(i) the net balance of the last summary report, if any;
(ii) a detailed listing of each contribution and public service assistance received since the
last summary report;
(iii) for each nonmonetary contribution, the fair market value of the contribution;
(iv) a detailed listing of each expenditure made since the last summary report;
(v) for each nonmonetary expenditure, the fair market value of the expenditure; and
(vi) a net balance for the year consisting of the net balance from the last summary report plus
all receipts minus all expenditures.
(b) (i) For all individual contributions or public service assistance of $50 or less, a single
aggregate figure may be reported without separate detailed listings.
(ii) Two or more contributions from the same source that have an aggregate total of more
than $50 may not be reported in the aggregate, but shall be reported separately.
(c) In preparing the report, all receipts and expenditures shall be reported as of [
(3) The summary report shall contain a paragraph signed by the officeholder certifying that,
to the best of the officeholder's knowledge, all receipts and all expenditures have been reported as
of [
and that there are no bills or obligations outstanding and unpaid except as set forth in that report.
[
[
Section 16. Section 20A-11-402 is amended to read:
20A-11-402. Officeholder financial reporting requirements -- Termination of duty to
report.
(1) An officeholder is active and subject to reporting requirements until the officeholder has
filed a statement of dissolution with the lieutenant governor stating that:
(a) the officeholder is no longer receiving contributions or public service assistance and is
no longer making expenditures;
(b) the ending balance on the last summary report filed is zero and the balance in the separate
bank account required by Sections 20A-11-201 and 20A-11-301 is zero; and
(c) a final summary report in the form required by Section 20A-11-401 showing a zero
balance is attached to the statement of dissolution.
(2) A statement of dissolution and a final summary report may be filed at any time.
(3) Each officeholder shall continue to file the year-end summary report required by Section
20A-11-401 until the statement of dissolution and final summary report required by this section are
filed with the lieutenant governor.
Section 17. Section 20A-11-403 is repealed and reenacted to read:
20A-11-403. Failure to file -- Penalties.
(1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
governor shall review each filed summary report to ensure that:
(a) each officeholder that is required to file a summary report has filed one; and
(b) each summary report contains the information required by this part.
(2) If it appears that any officeholder has failed to file the summary report required by law,
if it appears that a filed summary report does not conform to the law, or if the lieutenant governor
has received a written complaint alleging a violation of the law or the falsity of any summary report,
the lieutenant governor shall, within five days of discovery of a violation or receipt of a written
complaint, notify the officeholder of the violation or written complaint and direct the officeholder
to file a summary report correcting the problem.
(3) (a) It is unlawful for any officeholder to fail to file or amend a summary report within
14 days after receiving notice from the lieutenant governor under this section.
(b) Each officeholder who violates Subsection (3)(a) is guilty of a class B misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (3)(a) to the attorney
general.
Section 18. Section 20A-11-505.5 is enacted to read:
20A-11-505.5. Political party financial reporting requirements -- General
requirements.
Nothing in this part requires a registered political party to report contributions and
expenditures made to benefit federal candidates and filed with the Federal Election Commission.
Section 19. Section 20A-11-506 is amended to read:
20A-11-506. Political party financial reporting requirements -- Year-end summary
report.
(1) Each party committee shall file a summary report by [
of the year after the regular general election year.
(2) (a) Each summary report shall include the following information as of December 31 of
the regular general election year:
(i) the net balance of the last summary report, if any;
(ii) a single figure equal to the total amount of receipts reported on all interim reports, if any,
during the [
(iii) a single figure equal to the total amount of expenditures reported on all interim reports,
if any, filed during the [
(iv) a detailed listing of each contribution and public service assistance received since the
last summary report that has not been reported in detail on an interim report;
(v) for each nonmonetary contribution, the fair market value of the contribution;
(vi) a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on an interim report;
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
(viii) a net balance for the year consisting of the net balance from the last summary report,
if any, plus all receipts minus all expenditures.
(b) (i) For all individual contributions or public service assistance of $50 or less, a single
aggregate figure may be reported without separate detailed listings.
(ii) Two or more contributions from the same source that have an aggregate total of more
than $50 may not be reported in the aggregate, but shall be reported separately.
(c) In preparing the report, all receipts and expenditures shall be reported as of [
(3) The summary report shall contain a paragraph signed by the [
party committee certifying that, to the best of the treasurer's knowledge, all receipts and all
expenditures have been reported as of [
the last regular general election year and that there are no bills or obligations outstanding and unpaid
except as set forth in that report.
[
[
Section 20. Section 20A-11-507 is amended to read:
20A-11-507. Political party financial reporting requirements -- Interim reports.
(1) Each party committee shall file an interim report at the following times in any year in
which there is a regular general election:
(a) [
[
[
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim reports,
if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior interim
reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since the last
summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution, the fair market value of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary report, if
any, plus all receipts since the last summary report minus all expenditures since the last summary
report; and
(i) a summary page in the form required by the lieutenant governor that identifies:
(A) beginning balance;
(B) total contributions during the period since the last statement;
(C) total contributions to date;
(D) total expenditures during the period since the last statement; and
(E) total expenditures to date.
(3) (a) For all individual contributions or public service assistance of $50 or less, a single
aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of more
than $50 may not be reported in the aggregate, but shall be reported separately.
(4) In preparing each interim report, all receipts and expenditures shall be reported as of
three days before the required filing date of the report.
[
[
Section 21. Section 20A-11-508 is repealed and reenacted to read:
20A-11-508. Political party reporting requirements -- Criminal penalties.
(1) (a) Each registered political party that fails to file the interim reports due September 15
or before the regular general session is guilty of a class B misdemeanor.
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the attorney
general.
(2) Within 30 days after a deadline for the filing of a summary report required by this part,
the lieutenant governor shall review each filed report to ensure that:
(a) each political party that is required to file a report has filed one; and
(b) each report contains the information required by this part.
(3) If it appears that any political party has failed to file a report required by law, if it appears
that a filed report does not conform to the law, or if the lieutenant governor has received a written
complaint alleging a violation of the law or the falsity of any report, the lieutenant governor shall,
within five days of discovery of a violation or receipt of a written complaint, notify the political
party of the violation or written complaint and direct the political party to file a summary report
correcting the problem.
(4) (a) It is unlawful for any political party to fail to file or amend a summary report within
14 days after receiving notice from the lieutenant governor under this section.
(b) Each political party who violates Subsection (4)(a) is guilty of a class B misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney
general.
Section 22. Section 20A-11-602 is amended to read:
20A-11-602. Political action committees -- Financial reporting.
(1) (a) Each registered political action committee that has made expenditures that total at
least $750 during a calendar year shall file a verified financial statement with the lieutenant
governor's office on:
(i) January 5, reporting contributions and expenditures as of December 31 of [
previous year;
(ii) [
(iii) seven days before the regular general election.
(b) [
(i) a detailed listing of all contributions received and expenditures made since the last
statement; and
(ii) for financial statements filed on September 15 and before the primary and general
elections, all contributions and expenditures [
filing date of the [
(c) The registered political action committee need not file a statement under this section if
it received no contributions and made no expenditures during the reporting period.
(2) (a) The verified financial statement shall include:
(i) the name, address, and occupation of any individual that makes a contribution to the
reporting political action committee, and the amount of the contribution;
(ii) the identification of any publicly identified class of individuals that makes a contribution
to the reporting political action committee, and the amount of the contribution;
(iii) the name and address of any political action committee, group, or entity that makes a
contribution to the reporting political action committee, and the amount of the contribution;
(iv) for each nonmonetary contribution, the fair market value of the contribution;
(v) the name and address of each reporting entity that received an expenditure from the
reporting political action committee, and the amount of each expenditure;
(vi) for each nonmonetary expenditure, the fair market value of the expenditure;
(vii) the total amount of contributions received and expenditures disbursed by the reporting
political action committee;
(viii) a paragraph signed by the political action committee's treasurer or chief financial
officer verifying [
accurate; and
(ix) a summary page in the form required by the lieutenant governor that identifies:
(A) beginning balance;
(B) total contributions during the period since the last statement;
(C) total contributions to date;
(D) total expenditures during the period since the last statement; and
(E) total expenditures to date.
(b) (i) Contributions received by a political action committee that have a value of $150 or
less need not be reported individually, but shall be listed on the report as an aggregate total.
(ii) Two or more contributions from the same source that have an aggregate total of more
than $150 may not be reported in the aggregate, but shall be reported separately.
Section 23. Section 20A-11-603 is enacted to read:
20A-11-603. Criminal penalties.
(1) (a) Each political action committee that fails to file the statement due September 15 or
before the regular general session is guilty of a class B misdemeanor.
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the attorney
general.
(2) Within 30 days after a deadline for the filing of the January 5 statement required by this
part, the lieutenant governor shall review each filed statement to ensure that:
(a) each political action committee that is required to file a statement has filed one; and
(b) each statement contains the information required by this part.
(3) If it appears that any political action committee has failed to file the January 5 statement,
if it appears that a filed statement does not conform to the law, or if the lieutenant governor has
received a written complaint alleging a violation of the law or the falsity of any statement, the
lieutenant governor shall, within five days of discovery of a violation or receipt of a written
complaint, notify the political action committee of the violation or written complaint and direct the
political action committee to file a statement correcting the problem.
(4) (a) It is unlawful for any political action committee to fail to file or amend a statement
within 14 days after receiving notice from the lieutenant governor under this section.
(b) Each political action committee who violates Subsection (4)(a) is guilty of a class B
misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney
general.
Section 24. Section 20A-11-701 is amended to read:
20A-11-701. Campaign financial reporting of candidate campaign contributions by
corporations -- Filing requirements -- Statement contents.
(1) (a) Each corporation that has made expenditures for political purposes that total at least
$750 during a calendar year shall file a verified financial statement with the lieutenant governor's
office on:
(i) January 5, reporting expenditures as of December 31 of [
(ii) [
(iii) seven days before the regular general election.
(b) [
(i) a detailed listing of all expenditures made since the last statement; and
(ii) for financial statements filed on September 15 and before the primary and general
elections, all expenditures [
[
(c) The corporation need not file a statement under this section if it made no expenditures
during the reporting period.
(2) That statement shall include:
(a) the name and address of each reporting entity that received an expenditure from the
corporation, and the amount of each expenditure;
(b) the total amount of expenditures disbursed by the corporation; and
(c) a paragraph signed by the corporation's or the political action committee's treasurer or
chief financial officer verifying the accuracy of the financial report.
Section 25. Section 20A-11-702 is amended to read:
20A-11-702. Campaign financial reporting of political issues expenditures by
corporations -- Financial reporting.
(1) (a) Each corporation that has made political issues expenditures on current or proposed
ballot issues that total at least $750 during a calendar year shall file a verified financial statement
with the lieutenant governor's office on:
(i) January 5, reporting expenditures as of December 31 of [
(ii) [
(iii) seven days before the regular general election.
(b) [
(i) a detailed listing of all expenditures made since the last statement; and
(ii) for financial statements filed on September 15 and before the primary and general
elections, expenditures as of three days before the required filing date of the [
statement.
(c) The corporation need not file a statement under this section if it made no expenditures
during the reporting period.
(2) That statement shall include:
(a) the name and address of each individual, entity, or group of individuals or entities that
received a political issues expenditure of more than $50 from the corporation, and the amount of
each political issues expenditure;
(b) the total amount of political issues expenditures disbursed by the corporation; and
(c) a paragraph signed by the corporation's treasurer or chief financial officer verifying the
accuracy of the verified financial statement.
Section 26. Section 20A-11-703 is enacted to read:
20A-11-703. Criminal penalties.
(1) Within 30 days after a deadline for the filing of any statement required by this part, the
lieutenant governor shall review each filed statement to ensure that:
(a) each corporation that is required to file a statement has filed one; and
(b) each statement contains the information required by this part.
(2) If it appears that any corporation has failed to file any statement, if it appears that a filed
statement does not conform to the law, or if the lieutenant governor has received a written complaint
alleging a violation of the law or the falsity of any statement, the lieutenant governor shall, within
five days of discovery of a violation or receipt of a written complaint, notify the corporation of the
violation or written complaint and direct the corporation to file a statement correcting the problem.
(3) (a) It is unlawful for any corporation to fail to file or amend a statement within 14 days
after receiving notice from the lieutenant governor under this section.
(b) Each corporation who violates Subsection (4)(a) is guilty of a class B misdemeanor.
(c) The lieutenant governor shall report all violations of this Subsection (4)(a) to the attorney
general.
Section 27. Section 20A-11-801 is amended to read:
20A-11-801. Political issues committees -- Registration.
(1) Each political issues committee shall file a statement of organization with the lieutenant
governor's office no later than seven days after receiving political issues contributions totaling at
least $750 or disbursing political issues expenditures totaling at least [
year.
(2) The statement of organization shall include:
(a) the name and address of the political issues committee;
(b) the name, address, occupation, and title of each officer;
(c) the name and address of the organization, individual, corporation, association, unit of
government, or union that the political issues committee represents, if any;
(d) the name and address of all affiliated or connected organizations and their relationships
to the political issues committee;
(e) the name, address, business address, occupation, and phone number of the committee's
treasurer or chief financial officer; [
(f) the name, address, and occupation of each member of the supervisory board, if any; and
(g) the ballot proposition whose outcome they wish to affect, and whether they support or
oppose it.
(3) (a) Any registered political issues committee that intends to permanently cease operations
during a calendar year shall file a notice of dissolution with the lieutenant governor's office.
(b) Any notice of dissolution filed by a political issues committee does not exempt that
political issues committee from complying with the financial reporting requirements of this chapter.
Section 28. Section 20A-11-802 is amended to read:
20A-11-802. Political issues committees -- Financial reporting.
(1) (a) Each registered political issues committee that has made political issues expenditures
on current or proposed ballot issues that total at least $750 during a calendar year, shall file a verified
financial statement with the lieutenant governor's office on:
(i) January 5, reporting contributions and expenditures as of December 31 of [
previous year;
(ii) [
(iii) seven days before the regular general election.
(b) [
(i) a detailed listing of all contributions received and expenditures made since the last
statement; and
(ii) for financial statements filed on September 15 and before the primary and general
elections, all contributions and [
before the required filing date of the [
(c) The political issues committee need not file a statement under this section if it received
no contributions and made no expenditures during the reporting period.
(2) (a) That statement shall include:
(i) the name, address, and occupation of any individual that makes a political issues
contribution to the reporting political issues committee, and the amount of the political issues
contribution;
(ii) the identification of any publicly identified class of individuals that makes a political
issues contribution to the reporting political issues committee, and the amount of the political issues
contribution;
(iii) the name and address of any political issues committee, group, or entity that makes a
political issues contribution to the reporting political issues committee, and the amount of the
political issues contribution;
(iv) the name and address of each reporting entity that makes a political issues contribution
to the reporting political issues committee, and the amount of the political issues contribution;
(v) for each nonmonetary contribution, the fair market value of the contribution;
(vi) the name and address of each individual, entity, or group of individuals or entities that
received a political issues expenditure of more than $50 from the reporting political issues
committee, and the amount of each political issues expenditure;
(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
(viii) the total amount of political issues contributions received and political issues
expenditures disbursed by the reporting political issues committee;
(ix) a paragraph signed by the political issues committee's treasurer or chief financial officer
verifying that, to the best of the signer's knowledge, the [
is accurate; and
(x) a summary page in the form required by the lieutenant governor that identifies:
(A) beginning balance;
(B) total contributions during the period since the last statement;
(C) total contributions to date;
(D) total expenditures during the period since the last statement; and
(E) total expenditures to date.
(b) (i) Political issues contributions received by a political issues committee that have a
value of $50 or less need not be reported individually, but shall be listed on the report as an
aggregate total.
(ii) Two or more political issues contributions from the same source that have an aggregate
total of more than $50 may not be reported in the aggregate, but shall be reported separately.
Section 29. Section 20A-11-803 is enacted to read:
20A-11-803. Criminal penalties.
(1) (a) Each political issues committee that fails to file the statement due September 15 or
before the regular general session is guilty of a class B misdemeanor.
(b) The lieutenant governor shall report all violations of Subsection (1) to the attorney
general.
(2) Within 30 days after a deadline for the filing of the January 5 statement, the lieutenant
governor shall review each filed statement to ensure that:
(a) each political issues committee that is required to file a statement has filed one; and
(b) each statement contains the information required by this part.
(3) If it appears that any political issues committee has failed to file the January 5 statement,
if it appears that a filed statement does not conform to the law, or if the lieutenant governor has
received a written complaint alleging a violation of the law or the falsity of any statement, the
lieutenant governor shall, within five days of discovery of a violation or receipt of a written
complaint, notify the political issues committee of the violation or written complaint and direct the
political issues committee to file a statement correcting the problem.
(4) (a) It is unlawful for any political issues committee to fail to file or amend a statement
within 14 days after receiving notice from the lieutenant governor under this section.
(b) Each political issues committee who violates Subsection (4)(a) is guilty of a class B
misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney
general.
Section 30. Section 20A-11-1001 is amended to read:
20A-11-1001. Blanks for statements prepared and furnished by chief election officer.
The [
(1) develop and prepare forms for all statements required by this chapter; and
(2) provide copies of the forms to the secretary of every committee, to every candidate, and
to all others who request them.
Section 31. Section 20A-11-1002 is amended to read:
20A-11-1002. Retention and public inspection of financial statements -- Written
complaint if statement is false or unlawful.
(1) The [
(a) make each financial statement required by this chapter open to public inspection in the
office of the [
(b) preserve those statements for at least five years; and
(c) provide certified copies of the financial statements in the same manner as for other public
records.
(2) Any candidate or voter may file a written complaint with the [
election officer alleging that a filed financial statement does not conform to law or to the truth.
Section 32. Section 20A-11-1301 is enacted to read:
20A-11-1301. School board office candidate -- Campaign requirements.
(1) Each school board office candidate shall deposit each contribution and public service
assistance received in one or more separate accounts in a financial institution that are dedicated only
to that purpose.
(2) A school board office candidate may not deposit or mingle any contributions or public
service assistance received into a personal or business account.
(3) A school board office candidate may not make any political expenditures prohibited by
law.
(4) If a person who is no longer a school board candidate chooses not to expend the monies
remaining in his campaign account, the person shall continue to file the year-end summary report
required by Section 20A-11-1302 until the statement of dissolution and final summary report
required by Section 20A-11-1304 are filed with:
(a) the lieutenant governor in the case of a state school board candidate; and
(b) the county clerk, in the case of a local school board candidate.
Section 33. Section 20A-11-1302 is enacted to read:
20A-11-1302. School board office candidate -- Financial reporting requirements --
Year-end summary report.
(1) Each school board office candidate shall file a summary report by January 5 of the year
after the regular general election year.
(2) (a) Each summary report shall include the following information as of December 31 of
the last regular general election year:
(i) the net balance of the last summary report, if any;
(ii) a single figure equal to the total amount of receipts reported on all interim reports, if any,
during the calendar year in which the summary report is due;
(iii) a single figure equal to the total amount of expenditures reported on all interim reports,
if any, filed during the election year;
(iv) a detailed listing of each receipt, contribution, and public service assistance since the
last summary report that has not been reported in detail on an interim report;
(v) for each nonmonetary contribution, the fair market value of the contribution;
(vi) a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on an interim report;
(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
(viii) a net balance for the year consisting of the net balance from the last summary report,
if any, plus all receipts minus all expenditures.
(b) (i) For all individual contributions or public service assistance of $50 or less, a single
aggregate figure may be reported without separate detailed listings.
(ii) Two or more contributions from the same source that have an aggregate total of more
than $50 may not be reported in the aggregate, but shall be reported separately.
(c) In preparing the report, all receipts and expenditures shall be reported as of December
31 of the last regular general election year.
(3) The summary report shall contain a paragraph signed by the school board office
candidate certifying that, to the best of the school board office candidate's knowledge, all receipts
and all expenditures have been reported as of December 31 of the last regular general election year
and that there are no bills or obligations outstanding and unpaid except as set forth in that report.
(4) School board office candidates reporting under this section need only report receipts
received and expenditures made after May 5, 1997.
Section 34. Section 20A-11-1303 is enacted to read:
20A-11-1303. School board office candidate -- Financial reporting requirements --
Interim reports.
(1) Each school board office candidate shall file an interim report at the following times in
any year in which the candidate has filed a declaration of candidacy for a public office:
(a) seven days before the regular primary election date, if the candidate is on the ballot in
the primary election;
(b) September 15, unless the candidate is unopposed; and
(c) seven days before the regular general election date.
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim reports,
if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior interim
reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since the last
summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution, the fair market value of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary report, if
any, plus all receipts since the last summary report minus all expenditures since the last summary
report; and
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date.
(3) (a) For all individual contributions or public service assistance of $50 or less, a single
aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of more
than $50 may not be reported in the aggregate, but shall be reported separately.
(4) In preparing each interim report, all receipts and expenditures shall be reported as of
three days before the required filing date of the report.
(5) School board office candidates reporting under this section need only report contributions
received and expenditures made after May 5, 1997.
Section 35. Section 20A-11-1304 is enacted to read:
20A-11-1304. School board office candidate -- Financial reporting requirements --
Termination of duty to report.
(1) Each school board candidate is subject to interim reporting requirements until the
candidate withdraws or is eliminated in a primary.
(2) Each school board office candidate is subject to year-end summary reporting
requirements until the candidate has filed a statement of dissolution with the lieutenant governor
stating that:
(a) the school board office candidate is no longer receiving contributions and is no longer
making expenditures;
(b) the ending balance on the last summary report filed is zero and the balance in the separate
bank account required in Section 20A-11-1301 is zero; and
(c) a final summary report in the form required by Section 20A-11-1302 showing a zero
balance is attached to the statement of dissolution.
(3) A statement of dissolution and a final summary report may be filed at any time.
(4) Each school board office candidate shall continue to file the year-end summary report
required by Section 20A-11-1302 until the statement of dissolution and final summary report
required by this section are filed.
Section 36. Section 20A-11-1305 is enacted to read:
20A-11-1305. School board office candidate -- Failure to file statement -- Name not
printed on ballot -- Filling vacancy.
(1) (a) If a school board office candidate fails to file an interim report due before the regular
primary election, September 15, and before the regular general election, the chief election officer
shall, after making a reasonable attempt to discover if the report was timely mailed, inform the
county clerk and other appropriate election officials who:
(i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
name before the ballots are delivered to voters; or
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
voters by any practicable method that the candidate has been disqualified and that votes cast for
candidate will not be counted; and
(iii) may not count any votes for that candidate.
(b) Any school board office candidate who fails to file timely a financial statement required
by this part is disqualified and the vacancy on the ballot may be filled as provided in Section
20A-1-501.
(c) Notwithstanding Subsection (1)(a) and (1)(b), a school board office candidate is not
disqualified if the candidate, in good faith:
(i) files the reports required by this section on time even if an error or inaccuracy in the
report requires the school board office candidate to file an amended report after the deadline; and
(ii) the error is corrected in an amended report or in the next scheduled report.
(2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate for
state school board, the lieutenant governor shall review each filed summary report to ensure that:
(i) each state school board candidate that is required to file a summary report has filed one;
and
(ii) each summary report contains the information required by this part.
(b) If it appears that any state school board candidate has failed to file the summary report
required by law, if it appears that a filed summary report does not conform to the law, or if the
lieutenant governor has received a written complaint alleging a violation of the law or the falsity of
any summary report, the lieutenant governor shall, within five days of discovery of a violation or
receipt of a written complaint, notify the state school board candidate of the violation or written
complaint and direct the state school board candidate to file a summary report correcting the
problem.
(c) (i) It is unlawful for any state school board candidate to fail to file or amend a summary
report within 14 days after receiving notice from the lieutenant governor under this section.
(ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a class
B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the attorney
general.
(3) (a) Within 30 days after a deadline for the filing of a summary report, the county clerk
shall review each filed summary report to ensure that:
(i) each local school board candidate that is required to file a summary report has filed one;
and
(ii) each summary report contains the information required by this part.
(b) If it appears that any local school board candidate has failed to file the summary report
required by law, if it appears that a filed summary report does not conform to the law, or if the
county clerk has received a written complaint alleging a violation of the law or the falsity of any
summary report, the county clerk shall, within five days of discovery of a violation or receipt of a
written complaint, notify the local school board candidate of the violation or written complaint and
direct the local school board candidate to file a summary report correcting the problem.
(c) (i) It is unlawful for any local school board candidate to fail to file or amend a summary
report within 14 days after receiving notice from the county clerk under this section.
(ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a class
B misdemeanor.
(iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
county attorney.
Section 37. Repealer.
This act repeals:
Section 20A-11-207, State office candidate -- Criminal penalties.
Section 20A-11-306, Legislative office candidate -- Criminal penalties.
Section 20A-11-902, Restrictions on newspaper and other publications.
Section 20A-11-1003, Inspection of statements -- Notice to responsible committee or
person of failure to file or noncompliance.
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