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; CLARIFYING
8 REQUIREMENTS CONNECTED WITH CAMPAIGN ACCOUNTS AND REPORTING
9 REQUIREMENTS; MODIFYING PENALTIES AND PROCEDURES RELATING TO
10 FAILURE TO TIMELY FILE CAMPAIGN FINANCIAL REPORTS; ESTABLISHING
11 CERTAIN PENALTIES; AND MAKING TECHNICAL CORRECTIONS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 20A-11-101, as last amended by Chapter 152, Laws of Utah 1995
15 20A-11-201, as enacted by Chapter 1, Laws of Utah 1995
16 20A-11-202, as enacted by Chapter 1, Laws of Utah 1995
17 20A-11-203, as last amended by Chapter 152, Laws of Utah 1995
18 20A-11-204, as last amended by Chapter 152, Laws of Utah 1995
19 20A-11-205, as enacted by Chapter 1, Laws of Utah 1995
20 20A-11-206, as enacted by Chapter 1, Laws of Utah 1995
21 20A-11-207, 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-11-305, as enacted by Chapter 1, Laws of Utah 1995
27 20A-11-306, as enacted by Chapter 1, Laws of Utah 1995

1 20A-11-401, as last amended by Chapter 152, Laws of Utah 1995
2 20A-11-402, as enacted by Chapter 1, Laws of Utah 1995
3 20A-11-403, as enacted by Chapter 1, Laws of Utah 1995
4 20A-11-506, as last amended by Chapter 152, Laws of Utah 1995
5 20A-11-507, as last amended by Chapter 152, Laws of Utah 1995
6 20A-11-508, as enacted by Chapter 1, Laws of Utah 1995
7 20A-11-602, as last amended by Chapter 152, Laws of Utah 1995
8 20A-11-701, as enacted by Chapter 1, Laws of Utah 1995
9 20A-11-702, as enacted by Chapter 1, Laws of Utah 1995
10 20A-11-801, as enacted by Chapter 1, Laws of Utah 1995
11 20A-11-802, as last amended by Chapter 152, Laws of Utah 1995
12 ENACTS:
13 20A-11-103, Utah Code Annotated 1953
14 20A-11-104, Utah Code Annotated 1953
15 20A-11-505.5, Utah Code Annotated 1953
16 20A-11-603, Utah Code Annotated 1953
17 20A-11-703, Utah Code Annotated 1953
18 20A-11-803, Utah Code Annotated 1953
19 REPEALS:
20 20A-11-902, as enacted by Chapter 1, Laws of Utah 1995
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 20A-11-101 is amended to read:
23 20A-11-101. Definitions.
24 As used in this chapter:
25 (1) "Address" means the number and street where an individual resides or where a
26 reporting entity has its principal office.
27 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
28 amendments, and any other ballot propositions submitted to the voters that are authorized by the
29 Utah Code Annotated 1953.
30 (3) "Candidate" means any person who:
31 (a) files a declaration of candidacy for a public office; or

- 2 -

1 (b) receives contributions, makes expenditures, or gives consent for any other person to
2 receive contributions or make expenditures to bring about the person's nomination or election to
3 a public office.
4 (4) "Continuing political party" means an organization of voters that participated in the
5 last regular general election and polled a total vote equal to 2% or more of the total votes cast for
6 all candidates for the United States House of Representatives.
7 (5) (a) "Contribution" means any of the following when done for political purposes:
8 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value
9 given to the filing entity;
10 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
11 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything
12 of value to the filing entity;
13 (iii) any transfer of funds from another reporting entity or a corporation to the filing entity;
14 (iv) compensation paid by any person or reporting entity other than the filing entity for
15 personal services provided without charge to the filing entity;
16 (v) remuneration from any organization or its directly affiliated organization that has a
17 registered lobbyist to compensate a legislator for a loss of salary or income while the Legislature
18 is in session;
19 (vi) salaries or other remuneration paid to a legislator by any agency or subdivision of the
20 state, including school districts, for the period the Legislature is in session; and
21 (vii) goods or services provided to or for the benefit of the filing entity at less than fair
22 market value.
23 (b) "Contribution" does not include:
24 (i) services provided without compensation by individuals volunteering a portion or all of
25 their time on behalf of the filing entity; or
26 (ii) money lent to the filing entity by a financial institution in the ordinary course of
27 business.
28 (6) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
29 organization that is registered as a corporation or is authorized to do business in a state and makes
30 any expenditure from corporate funds for:
31 (i) political purposes; or

- 3 -

1 (ii) the purpose of influencing the approval or the defeat of any ballot proposition.
2 (b) "Corporation" does not mean:
3 (i) a business organization's political action committee or political issues committee; or
4 (ii) a business entity organized as a partnership or a sole proprietorship.
5 (7) "Detailed listing" means:
6 (a) for each contribution or public service assistance:
7 (i) the name and address of the individual or source making the contribution or public
8 service assistance;
9 (ii) the amount or value of the contribution or public service assistance; and
10 (iii) the date the contribution or public service assistance was made; and
11 (b) for each expenditure:
12 (i) the amount of the expenditure;
13 (ii) the person or entity to whom it was disbursed;
14 (iii) the specific [purpose for] item or service acquired by the expenditure; and
15 (iv) the date the expenditure was made.
16 (8) "Election" means each:
17 (a) regular general election;
18 (b) regular primary election; and
19 (c) special election at which candidates are eliminated and selected.
20 (9) (a) "Expenditure" means:
21 (i) any disbursement from contributions, receipts, or from the separate bank account
22 required by this chapter;
23 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
24 anything of value made for political purposes;
25 (iii) an express, legally enforceable contract, promise, or agreement to make any purchase,
26 payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for
27 political purposes;
28 (iv) compensation paid by a corporation or filing entity for personal services rendered by
29 a person without charge to a reporting entity;
30 (v) a transfer of funds between the filing entity and a candidate's personal campaign
31 committee; or

- 4 -

1 (vi) goods or services provided by the filing entity to or for the benefit of another reporting
2 entity for political purposes at less than fair market value.
3 (b) "Expenditure" does not include:
4 (i) services provided without compensation by individuals volunteering a portion or all of
5 their time on behalf of a reporting entity;
6 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
7 business; or
8 (iii) anything listed in Subsection (5)(a) that is given by a corporation or reporting entity
9 to candidates for office or officeholders in states other than Utah.
10 (10) "Filing entity" means the reporting entity that is filing a report required by this
11 chapter.
12 (11) "Financial statement" includes any summary report, interim report, or other statement
13 disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this
14 chapter.
15 (12) (a) "Foreign national" includes foreign governments, foreign political parties, foreign
16 corporations, foreign associations, foreign partnerships, individuals with foreign citizenship, and
17 immigrants not possessing a "green card," and other persons or entities identified in 11 C.F.R.
18 110.4.
19 (b) "Foreign national" may include domestic subsidiaries of foreign corporations and
20 United States corporations owned by foreign nationals if the requirements of 11 C.F.R. 110.4 are
21 met.
22 [(12)] (13) "Governing board" means the individual or group of individuals that determine
23 the candidates and committees that will receive expenditures from a political action committee.
24 [(13)] (14) "Individual" means a natural person.
25 [(14)] (15) "Interim report" means a report identifying the contributions received and
26 expenditures made since the last report.
27 [(15)] (16) "Legislative office" means the office of state senator, state representative,
28 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
29 assistant whip of any party caucus in either house of the Legislature.
30 [(16)] (17) "Legislative office candidate" means a person who:
31 (a) files a declaration of candidacy for the office of state senator or state representative;

- 5 -

1 (b) declares himself to be a candidate for, or actively campaigns for, the position of
2 speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant
3 whip of any party caucus in either house of the Legislature; and
4 (c) receives contributions, makes expenditures, or gives consent for any other person to
5 receive contributions or make expenditures to bring about the person's nomination or election to
6 a legislative office.
7 [(17) "Media owner" means each candidate and each member of any personal campaign
8 or party committee who, either in his own name or in the name of any other person, owns any
9 financial interest in any newspaper or other periodical circulating in Utah.]
10 (18) "Newly registered political party" means an organization of voters that has complied
11 with the petition and organizing procedures of this chapter to become a registered political party.
12 (19) "Officeholder" means a person who holds a public office.
13 (20) "Party committee" means any committee [of a registered political party and any
14 committee] organized by or authorized by the governing board of a registered political party.
15 (21) "Person" means both natural and legal persons, including individuals, business
16 organizations, personal campaign committees, party committees, political action committees,
17 political issues committees, labor unions, and labor organizations.
18 (22) "Personal campaign committee" means the committee appointed by a candidate to
19 act for the candidate as provided in this chapter.
20 (23) (a) "Political action committee" means an entity, or any group of individuals or
21 entities within or outside this state, that solicits or receives contributions from any other person,
22 group, or entity or makes expenditures for political purposes. A group or entity may not divide
23 or separate into units, sections, or smaller groups for the purpose of avoiding the financial
24 reporting requirements of this chapter, and substance shall prevail over form in determining the
25 scope or size of a political action committee.
26 (b) "Political action committee" includes groups affiliated with a registered political party
27 but not authorized or organized by the governing board of the registered political party that receive
28 contributions or makes expenditures for political purposes.
29 [(b)] (c) "Political action committee" does not mean:
30 (i) a party committee;
31 (ii) any entity that provides goods or services to a candidate or committee in the regular

- 6 -

1 course of its business at the same price that would be provided to the general public;
2 (iii) an individual;
3 (iv) individuals who are related and who make contributions from a joint checking
4 account;
5 (v) a corporation; or
6 (vi) a personal campaign committee.
7 (24) "Political convention" means a county or state political convention held by a
8 registered political party to select candidates.
9 (25) (a) "Political issues committee" means an entity, or any group of individuals or
10 entities within or outside this state, that solicits or receives donations from any other person, group,
11 or entity or makes disbursements to influence, or to intend to influence, directly or indirectly, any
12 person to assist in placing a ballot proposition on the ballot, to assist in keeping a ballot
13 proposition off the ballot, or to refrain from voting or to vote for or to vote against any ballot
14 proposition.
15 (b) "Political issues committee" does not mean:
16 (i) a registered political party or a party committee;
17 (ii) any entity that provides goods or services to an individual or committee in the regular
18 course of its business at the same price that would be provided to the general public;
19 (iii) an individual;
20 (iv) individuals who are related and who make contributions from a joint checking
21 account; or
22 (v) a corporation, except a corporation whose apparent purpose is to act as a political
23 issues committee.
24 (26) (a) "Political issues contribution" means any of the following:
25 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
26 anything of value given to a political issues committee;
27 (ii) an express, legally enforceable contract, promise, or agreement to make a political
28 issues donation to influence the approval or defeat of any ballot proposition;
29 (iii) any transfer of funds received by a political issues committee from a reporting entity;
30 (iv) compensation paid by another reporting entity for personal services rendered without
31 charge to a political issues committee; and

- 7 -

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

- 8 -

1 (31) (a) "Public service assistance" means the following when given or provided to an
2 officeholder to defray the costs of functioning in a public office or aid the officeholder to
3 communicate with the officeholder's constituents:
4 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
5 money or anything of value to an officeholder; or
6 (ii) goods or services provided at less than fair market value to or for the benefit of the
7 officeholder.
8 (b) "Public service assistance" does not include:
9 (i) anything provided by the state;
10 (ii) services provided without compensation by individuals volunteering a portion or all
11 of their time on behalf of an officeholder;
12 (iii) money lent to an officeholder by a financial institution in the ordinary course of
13 business;
14 (iv) news coverage or any publication by the news media; or
15 (v) any article, story, or other coverage as part of any regular publication of any
16 organization unless substantially all the publication is devoted to information about the
17 officeholder.
18 (32) "Publicly identified class of individuals" means a group of 50 or more individuals
19 sharing a common occupation, interest, or association that contribute to a political action
20 committee or political issues committee and whose names can be obtained by contacting the
21 political action committee or political issues committee upon whose financial report they are listed.
22 (33) "Receipts" means contributions and public service assistance.
23 (34) "Registered lobbyist" means a person registered under Title 36, Chapter 11, Lobbyist
24 Disclosure and Regulation Act.
25 (35) "Registered political action committee" means any political action committee that is
26 required by this chapter to file a statement of organization with the lieutenant governor's office.
27 (36) "Registered political issues committee" means any political issues committee that is
28 required by this chapter to file a statement of organization with the lieutenant governor's office.
29 (37) "Registered political party" means an organization of voters that:
30 (a) participated in the last regular general election and polled a total vote equal to 2% or
31 more of the total votes cast for all candidates for the United States House of Representatives for

- 9 -

1 any of its candidates for any office; or
2 (b) has complied with the petition and organizing procedures of this chapter.
3 (38) "Report" means a verified financial statement.
4 (39) "Reporting entity" means a candidate, a candidate's personal campaign committee,
5 an officeholder, and a party committee, a political action committee, and a political issues
6 committee.
7 (40) "State office" means the offices of governor, lieutenant governor, attorney general,
8 state auditor, and state treasurer.
9 (41) "State office candidate" means a person who:
10 (a) files a declaration of candidacy for a state office; or
11 (b) receives contributions, makes expenditures, or gives consent for any other person to
12 receive contributions or make expenditures to bring about the person's nomination or election to
13 a state office.
14 (42) "Summary report" means the year end report containing the summary of a reporting
15 entity's contributions and expenditures.
16 (43) "Supervisory board" means the individual or group of individuals that allocate
17 expenditures from a political issues committee.
18 Section 2. Section 20A-11-103 is enacted to read:
19 20A-11-103. Reporting entities prohibited from accepting contributions from foreign
20 nationals.
21 As required by 2 U.S.C. Section 441e and 11 C.F.R. 110.4 and 110.9, a reporting entity
22 may not accept contributions from any foreign national.
23 Section 3. Section 20A-11-104 is enacted to read:
24 20A-11-104. Reports -- Form of submission.
25 (1) Persons or entities submitting reports required by this chapter may submit them:
26 (a) on paper, printed, typed, or legibly handwritten or hand printed;
27 (b) on a computer disk according to specifications established by the chief election officer
28 and, accompanied by a statement signed by the person or entity submitting the report certifying
29 the accuracy of the information contained on the computer disk;
30 (c) via fax; or
31 (d) via electronic mail according to specifications established by the chief election officer.

- 10 -

1 (2) A report is considered filed if it is received in the chief election officer's office no later
2 than 5:00 p.m. on the date that it is due.
3 Section 4. Section 20A-11-201 is amended to read:
4 20A-11-201. State office candidate -- Separate bank account for campaign funds.
5 (1) (a) Each state office candidate or the candidate's personal campaign committee shall
6 deposit each contribution and public service assistance received in one or more separate campaign
7 accounts in a financial institution.
8 (b) The state office candidate or the candidate's personal campaign committee may use the
9 monies in those accounts only for political purposes.
10 (2) A state office candidate or the candidate's personal campaign committee may not
11 deposit or mingle any contributions received into a personal or business account.
12 (3) (a) A person who is no longer a state office candidate may contribute monies remaining
13 in his campaign account to:
14 (i) another state or local candidate;
15 (ii) a registered political party; or
16 (iii) the candidate himself for his personal use so long as the candidate claims the monies
17 as income on his personal income tax returns.
18 (b) If a person who is no longer a state office candidate chooses not to expend the monies
19 remaining in his campaign account, the person shall continue to file the year-end summary report
20 required by Section 20A-11-203 until the statement of dissolution and final summary report
21 required by Section 20A-11-205 are filed with the lieutenant governor.
22 Section 5. Section 20A-11-202 is amended to read:
23 20A-11-202. State office candidate -- Personal campaign committee required.
24 (1) (a) (i) Each state office candidate shall select no more than one personal campaign
25 committee, consisting of one or more persons, to receive contributions, make expenditures, and
26 file reports connected with the candidate's campaign.
27 (ii) A state office candidate may serve as his own campaign committee.
28 (b) Except for [travel] expenses [and mailings] made by a registered political party, to
29 benefit a party's candidates generally, a state office candidate or other person acting in concert with
30 or with the knowledge of the state office candidate may not receive any contributions or make any
31 expenditures on behalf of a state office candidate other than through a personal campaign

- 11 -

1 committee established under this section.
2 (2) (a) The state office candidate shall file a written statement signed by the [committee's
3 secretary] candidate or authorized member of the candidate's personal campaign committee with
4 the lieutenant governor that:
5 (i) informs the lieutenant governor that the state office candidate's personal campaign
6 committee has been selected; and
7 (ii) provides the name and address of each member and the secretary of the committee.
8 (b) A state office candidate or the candidate's personal campaign committee may not
9 [receive any contributions or] make any expenditures on behalf of the candidate until the statement
10 has been filed.
11 (c) A state office candidate may revoke the selection of any member of the campaign
12 committee by:
13 (i) revoking that person's appointment or election in writing;
14 (ii) personally serving the written revocation on the member whose selection is revoked;
15 and
16 (iii) filing a copy of the written revocation with the lieutenant governor.
17 (d) (i) The state office candidate may select a replacement to fill any vacancy on the
18 campaign committee.
19 (ii) The state office candidate shall file that replacement's name and address with the
20 lieutenant governor.
21 (3) A member of a state office candidate's personal campaign committee may not make
22 an expenditure of more than $1,000 unless the state office candidate or the secretary of the
23 personal campaign committee authorizes the expenditure in writing.
24 (4) A state office candidate or the candidate's personal campaign committee may not make
25 any expenditures prohibited by law.
26 Section 6. Section 20A-11-203 is amended to read:
27 20A-11-203. State office candidate -- Financial reporting requirements -- Year-end
28 summary report.
29 (1) Each state office candidate shall file a summary report by [December 31 of each
30 regular] January 15 of the year after the regular general election year.
31 (2) (a) Each summary report shall include the following information as of December 31

- 12 -

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

- 13 -

1 Section 7. Section 20A-11-204 is amended to read:
2 20A-11-204. State office candidate -- Financial reporting requirements -- Interim
3 reports.
4 (1) Each state office candidate shall file an interim report at the following times in any
5 year in which the candidate has filed a declaration of candidacy for a public office:
6 (a) [(i)] seven days before any political convention if more than one individual in the
7 candidate's same party has filed a declaration of candidacy for the particular public office that the
8 candidate seeks; [or]
9 [(ii) the tenth day of July if no report is required under Subsection (i);]
10 (b) seven days before the regular primary election date; [and]
11 (c) September 15; and
12 [(c)] (d) seven days before the regular general election date.
13 (2) Each interim report shall include the following information:
14 (a) the net balance of the last summary report, if any;
15 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
16 if any, during the calendar year in which the interim report is due;
17 (c) a single figure equal to the total amount of expenditures reported on all prior interim
18 reports, if any, filed during the calendar year in which the interim report is due;
19 (d) a detailed listing of each contribution and public service assistance received since the
20 last summary report that has not been reported in detail on a prior interim report;
21 (e) for each nonmonetary contribution, the fair market value of the contribution;
22 (f) a detailed listing of each expenditure made since the last summary report that has not
23 been reported in detail on a prior interim report;
24 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
25 (h) a net balance for the year consisting of the net balance from the last summary report,
26 if any, plus all receipts since the last summary report minus all expenditures since the last
27 summary report; and
28 (i) a summary page in the form required by the lieutenant governor that identifies:
29 (A) beginning balance;
30 (B) total contributions during the period since the last statement;
31 (C) total contributions to date;

- 14 -

1 (D) total expenditures during the period since the last statement; and
2 (E) total expenditures to date.
3 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
4 aggregate figure may be reported without separate detailed listings.
5 (b) Two or more contributions from the same source that have an aggregate total of more
6 than $50 may not be reported in the aggregate, but shall be reported separately.
7 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
8 three days before the required filing date of the report.
9 [(5) (a) Each report shall be filed with the lieutenant governor's office by the dates
10 indicated.]
11 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
12 with proper postage affixed, and postmarked by the dates indicated.]
13 [(6)] (5) State office candidates reporting under this section need only report contributions
14 received and expenditures made after April 29, 1991.
15 Section 8. Section 20A-11-205 is amended to read:
16 20A-11-205. State office candidate -- Financial reporting requirements --
17 Termination of duty to report.
18 (1) Each state office candidate and the candidate's personal campaign committee is active
19 and subject to reporting requirements until the candidate has filed a statement of dissolution with
20 the lieutenant governor stating that:
21 (a) the state office candidate or the personal campaign committee is no longer receiving
22 contributions and is no longer making expenditures;
23 (b) the ending balance on the last summary report filed is zero and the balance in the
24 separate bank account required in Section 20A-11-201 is zero; and
25 (c) a final summary report in the form required by Section 20A-11-203 showing a zero
26 balance is attached to the statement of dissolution.
27 (2) A statement of dissolution and a final summary report may be filed at any time.
28 (3) Each state office candidate and the candidate's personal campaign committee shall
29 continue to file the year-end summary report required by Section 20A-11-203 until the statement
30 of dissolution and final summary report required by this section are filed with the lieutenant
31 governor.

- 15 -

1 Section 9. Section 20A-11-206 is amended to read:
2 20A-11-206. State office candidate -- Failure to file statement -- Name not printed
3 on ballot -- Filling vacancy.
4 (1) [The lieutenant governor and county clerk may not allow the name of] If a state office
5 candidate [to be printed on the official ballot for an election unless the candidate has filed] fails
6 to file the financial statements required by this part, the election officer:
7 (a) shall remove the name of the candidate by blacking out the candidate's name before
8 the ballots are delivered to voters; and
9 (b) may not count any votes for that candidate.
10 (2) Any state office candidate who fails to timely file a financial statement required by this
11 part is disqualified and the vacancy on the ballot may be filled as provided in Section 20A-1-501.
12 Section 10. Section 20A-11-207 is amended to read:
13 20A-11-207. State office candidate -- Criminal penalties.
14 (1) (a) Each state office candidate or state office candidate's personal campaign committee
15 that violates this part is guilty of a class A misdemeanor.
16 (b) Each violation of this part is a separate offense.
17 (c) When it appears that an individual or group of individuals has violated this part, the
18 person who directed the violation shall be charged with the violation.
19 (2) Any person who aids, abets, or advises a violation of any provision of this part is guilty
20 of a class B misdemeanor.
21 [(3) (a) It is unlawful to administer the oath of office, or to issue a certificate of nomination
22 or of election to any state office candidate until the candidate's personal campaign committee has
23 filed the statements required by this part.]
24 [(b) Any person who violates this subsection is guilty of a class A misdemeanor.]
25 [(4)] (3) (a) It is unlawful for a person elected to a state office to:
26 (i) enter upon the duties of the office until the personal campaign committee has filed the
27 required financial statements; and
28 (ii) [receive] accept any salary or fees for the period before the filing of the statement.
29 (b) Any person who violates this section is guilty of a class A misdemeanor.
30 [(5) (a) A person otherwise competent as a witness may not be excused from answering
31 any question in any proceedings under this part on the ground that his answer will tend to

- 16 -

1 incriminate him.]
2 [(b) A person may not be prosecuted for any offense about which he testified for the
3 prosecution, except in an action for perjury in giving that testimony.]
4 Section 11. Section 20A-11-301 is amended to read:
5 20A-11-301. Legislative office candidate -- Campaign requirements.
6 (1) Each legislative office candidate shall deposit each contribution and public service
7 assistance received in one or more separate accounts in a financial institution that are dedicated
8 only to that purpose.
9 (2) A legislative office candidate may not deposit or mingle any contributions or public
10 service assistance received into a personal or business account.
11 (3) A legislative office candidate may not make any political expenditures prohibited by
12 law.
13 (4) (a) A person who is no longer a legislative candidate may contribute monies remaining
14 in his campaign account to:
15 (i) another state or local candidate;
16 (ii) a registered political party; or
17 (iii) the candidate himself for his personal use so long as the candidate claims the monies
18 as income on his personal income tax returns.
19 (b) If a person who is no longer a legislative candidate chooses not to expend the monies
20 remaining in his campaign account, the person shall continue to file the year-end summary report
21 required by Section 20A-11-302 until the statement of dissolution and final summary report
22 required by Section 20A-11-304 are filed with the lieutenant governor.
23 Section 12. Section 20A-11-302 is amended to read:
24 20A-11-302. Legislative office candidate -- Financial reporting requirements --
25 Year-end summary report.
26 (1) Each legislative office candidate shall file a summary report by [December 31 of each]
27 January 15 of the year after the regular general election year.
28 (2) (a) Each summary report shall include the following information as of December 31
29 of the last regular general election year:
30 (i) the net balance of the last summary report, if any;
31 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if

- 17 -

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

- 18 -

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

- 19 -

1 (b) Two or more contributions from the same source that have an aggregate total of more
2 than $50 may not be reported in the aggregate, but shall be reported separately.
3 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
4 three days before the required filing date of the report.
5 [(5) (a) Each report shall be filed with the lieutenant governor's office by the dates
6 indicated.]
7 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
8 with proper postage affixed, and postmarked by the dates indicated.]
9 [(6)] (5) Legislative office candidates reporting under this section need only report
10 contributions received and expenditures made after April 29, 1991.
11 Section 14. Section 20A-11-304 is amended to read:
12 20A-11-304. Legislative office candidate -- Financial reporting requirements --
13 Termination of duty to report.
14 (1) Each legislative office candidate is subject to reporting requirements until the candidate
15 has filed a statement of dissolution with the lieutenant governor 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) A statement of dissolution and a final summary report may be filed at any time.
23 (3) 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 15. Section 20A-11-305 is amended to read:
27 20A-11-305. Legislative office candidate -- Failure to file statement -- Name not
28 printed on ballot -- Filling vacancy.
29 (1) [The lieutenant governor and county clerk may not allow the name of] If a legislative
30 office candidate [to be printed on the official ballot for a regular primary or regular general
31 election unless the candidate has filed] fails to file the financial statements required by this part

- 20 -

1 the election officer:
2 (a) shall remove the name of the candidate by blacking out the candidate's name before
3 the ballots are delivered to voters; and
4 (b) may not count any votes for that candidate.
5 (2) Any legislative office candidate who timely fails to file a financial statement required
6 by this part is disqualified and the vacancy on the ballot may be filled as provided in Section
7 20A-1-501.
8 Section 16. Section 20A-11-306 is amended to read:
9 20A-11-306. Legislative office candidate -- Criminal penalties.
10 (1) (a) Each legislative office candidate that violates this part is guilty of a class A
11 misdemeanor.
12 (b) Each violation of this part is a separate offense.
13 (c) When it appears that an individual or group of individuals has violated this part, the
14 person who directed the violation shall be charged with the violation.
15 (2) [Any] Each person who aids, abets, or advises a violation of any provision of this part
16 is guilty of a class B misdemeanor.
17 [(3) (a) A person otherwise competent as a witness may not be excused from answering
18 any question in any proceedings under this part on the grounds that his answer will tend to
19 incriminate him.]
20 [(b) A person may not be prosecuted for any offense about which he testified for the
21 prosecution, except in an action for perjury in giving that testimony.]
22 (3) (a) It is unlawful for a person elected to a legislative office to:
23 (i) enter upon the duties of the office until the legislative office candidate has filed the
24 required financial statements; and
25 (ii) accept any salary or fees for the period before the filing of the statement.
26 (b) Any person who violates this section is guilty of a class B misdemeanor.
27 Section 17. Section 20A-11-401 is amended to read:
28 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
29 report.
30 (1) Each officeholder shall file a summary report by [December 31 of each] January 15
31 of the year after the regular general election year.

- 21 -

1 (2) (a) Each summary report shall include the following information as of December 31
2 of the last regular general election year:
3 (i) the net balance of the last summary report, if any;
4 (ii) a detailed listing of each contribution and public service assistance received since the
5 last summary report;
6 (iii) for each nonmonetary contribution, the fair market value of the contribution;
7 (iv) a detailed listing of each expenditure made since the last summary report;
8 (v) for each nonmonetary expenditure, the fair market value of the expenditure; and
9 (vi) a net balance for the year consisting of the net balance from the last summary report
10 plus all receipts minus all expenditures.
11 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
12 aggregate figure may be reported without separate detailed listings.
13 (ii) Two or more contributions from the same source that have an aggregate total of more
14 than $50 may not be reported in the aggregate, but shall be reported separately.
15 (c) In preparing the report, all receipts and expenditures shall be reported as of [three days
16 before the required filing date of the report] December 31 of the last regular general election year.
17 (3) The summary report shall contain a paragraph signed by the officeholder certifying that
18 all receipts and all expenditures have been reported as of [three days before the required filing
19 date] December 31 of the last regular general election year and that there are no bills or obligations
20 outstanding and unpaid except as set forth in that report.
21 [(4) (a) Each report shall be filed with the lieutenant governor's office by the dates
22 indicated.]
23 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
24 with proper postage affixed, and postmarked by the dates indicated.]
25 Section 18. Section 20A-11-402 is amended to read:
26 20A-11-402. Officeholder financial reporting requirements -- Termination of duty
27 to report.
28 (1) An officeholder is active and subject to reporting requirements until the officeholder
29 has filed a statement of dissolution with the lieutenant governor stating that:
30 (a) the officeholder is no longer receiving contributions or public service assistance and
31 is no longer making expenditures;

- 22 -

1 (b) the ending balance on the last summary report filed is zero and the balance in the
2 separate bank account required by Sections 20A-11-201 and 20A-11-301 is zero; and
3 (c) a final summary report in the form required by Section 20A-11-401 showing a zero
4 balance is attached to the statement of dissolution.
5 (2) A statement of dissolution and a final summary report may be filed at any time.
6 (3) Each officeholder shall continue to file the year-end summary report required by
7 Section 20A-11-401 until the statement of dissolution and final summary report required by this
8 section are filed with the lieutenant governor.
9 Section 19. Section 20A-11-403 is amended to read:
10 20A-11-403. Officeholder financial reporting requirements -- Criminal penalties.
11 (1) (a) Each officeholder that violates this part is guilty of a class A misdemeanor.
12 (b) Each violation of this part is a separate offense.
13 (c) When it appears that an individual or group of individuals has violated this part, the
14 person who directed the violation shall be charged with the violation.
15 (2) [Any] Each person who aids, abets, or advises a violation of any provision of this part
16 is guilty of a class B misdemeanor.
17 [(3) (a) A person otherwise competent as a witness may not be excused from answering
18 any question in any proceedings under this part on the ground that his answer will tend to
19 incriminate him.]
20 [(b) A person may not be prosecuted for any offense about which he testified for the
21 prosecution, except in an action for perjury in giving that testimony.]
22 Section 20. Section 20A-11-505.5 is enacted to read:
23 20A-11-505.5. Political party financial reporting requirements -- General
24 requirements.
25 Nothing in this part requires a registered political party to report contributions and
26 expenditures made to benefit federal candidates and filed with the Federal Election Commission.
27 Section 21. Section 20A-11-506 is amended to read:
28 20A-11-506. Political party financial reporting requirements -- Year-end summary
29 report.
30 (1) Each party committee shall file a summary report by [December 31 of each] January
31 15 of the year after the regular general election year.

- 23 -

1 (2) (a) Each summary report shall include the following information as of December 31
2 of the regular general election year:
3 (i) the net balance of the last summary report, if any;
4 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
5 any, during the [calendar] election year [in which the summary report is due];
6 (iii) a single figure equal to the total amount of expenditures reported on all interim
7 reports, if any, filed during the [calendar] election year [in which the summary report is due];
8 (iv) a detailed listing of each contribution and public service assistance received since the
9 last summary report that has not been reported in detail on an interim report;
10 (v) for each nonmonetary contribution, the fair market value of the contribution;
11 (vi) a detailed listing of each expenditure made since the last summary report that has not
12 been reported in detail on an interim report;
13 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
14 (viii) a net balance for the year consisting of the net balance from the last summary report,
15 if any, plus all receipts minus all expenditures.
16 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
17 aggregate figure may be reported without separate detailed listings.
18 (ii) Two or more contributions from the same source that have an aggregate total of more
19 than $50 may not be reported in the aggregate, but shall be reported separately.
20 (c) In preparing the report, all receipts and expenditures shall be reported as of [three days
21 before the required filing date of the report] December 31 of the last regular general election year.
22 (3) The summary report shall contain a paragraph signed by the [secretary] treasurer of the
23 party committee certifying that all receipts and all expenditures have been reported as of [three
24 days before the required filing date] December 31 of the last regular general election year and that
25 there are no bills or obligations outstanding and unpaid except as set forth in that report.
26 [(4) (a) Each report shall be filed with the lieutenant governor's office by the dates
27 indicated.]
28 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
29 with proper postage affixed, and postmarked by the dates indicated.]
30 Section 22. Section 20A-11-507 is amended to read:
31 20A-11-507. Political party financial reporting requirements -- Interim reports.

- 24 -

1 (1) Each party committee shall file an interim report at the following times in any year in
2 which there is a regular general election:
3 (a) [the tenth day of July] September 15; and
4 [(b) seven days before the primary election; and]
5 [(c)] (b) seven days before the general election.
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 (A) beginning balance;
23 (B) total contributions during the period since the last statement;
24 (C) total contributions to date;
25 (D) total expenditures during the period since the last statement; and
26 (E) 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 (ii) 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

- 25 -

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 Section 23. Section 20A-11-508 is amended to read:
7 20A-11-508. Political party registration requirements -- Criminal penalties.
8 (1) (a) Each registered political party that violates Section 20A-11-506 or 20A-11-507 is
9 guilty of a class A misdemeanor.
10 (b) Each violation of those sections is a separate offense.
11 (c) When it appears that an individual or group of individuals has violated those sections,
12 the person who directed the violation shall be charged with the violation.
13 (2) [Any] Each person who aids, abets, or advises a violation of Section 20A-11-506 or
14 20A-11-507 is guilty of a class B misdemeanor.
15 [(3) (a) A person otherwise competent as a witness may not be excused from answering
16 any question in any proceedings under this part on the ground that his answer will tend to
17 incriminate him.]
18 [(b) A person may not be prosecuted for any offense about which he testified for the
19 prosecution, except in an action for perjury in giving that testimony.]
20 Section 24. Section 20A-11-602 is amended to read:
21 20A-11-602. Political action committees -- Financial reporting.
22 (1) (a) Each registered political action committee that has made expenditures that total at
23 least $750 during a calendar year shall file a verified financial statement with the lieutenant
24 governor's office on:
25 (i) January 15, reporting contributions and expenditures as of December 31 of [each] the
26 previous year;
27 (ii) seven days before the regular primary election; [and]
28 (iii) September 15; and
29 [(iii)] (iv) seven days before the regular general election.
30 (b) [All] The registered political action committee shall report:
31 (i) a detailed listing of all contributions received and expenditures made since the last

- 26 -

1 report; and
2 (ii) for financial statements filed on September 15 and before the primary and general
3 elections, all contributions and expenditures [shall be reported] as of three days before the required
4 filing date of the [verified] financial statement.
5 (c) The registered political action committee need not file a report under this section if it
6 received no contributions and made no expenditures during the reporting period.
7 (2) (a) The verified financial statement shall include:
8 (i) the name, address, and occupation of any individual that makes a contribution to the
9 reporting political action committee, and the amount of the contribution;
10 (ii) the identification of any publicly identified class of individuals that makes a
11 contribution to the reporting political action committee, and the amount of the contribution;
12 (iii) the name and address of any political action committee, group, or entity that makes
13 a contribution to the reporting political action committee, and the amount of the contribution;
14 (iv) for each nonmonetary contribution, the fair market value of the contribution;
15 (v) the name and address of each reporting entity that received an expenditure from the
16 reporting political action committee, and the amount of each expenditure;
17 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
18 (vii) the total amount of contributions received and expenditures disbursed by the reporting
19 political action committee;
20 (viii) a paragraph signed by the political action committee's treasurer or chief financial
21 officer verifying the accuracy of the financial report; and
22 (ix) a summary page in the form required by the lieutenant governor that identifies:
23 (A) beginning balance;
24 (B) total contributions during the period since the last statement;
25 (C) total contributions to date;
26 (D) total expenditures during the period since the last statement; and
27 (E) total expenditures to date.
28 (b) (i) Contributions received by a political action committee that have a value of $150 or
29 less need not be reported individually, but shall be listed on the report as an aggregate total.
30 (ii) Two or more contributions from the same source that have an aggregate total of more
31 than [$150] $50 may not be reported in the aggregate, but shall be reported separately.

- 27 -

1 Section 25. Section 20A-11-603 is enacted to read:
2 20A-11-603. Criminal penalties.
3 (1) (a) Each political action committee that violates this part is guilty of a class A
4 misdemeanor.
5 (b) Each violation of this part is a separate offense.
6 (c) When it appears that an individual or group of individuals has violated this part, the
7 person who directed the violation shall be charged with the violation.
8 (2) Each person who aids, abets, or advises a violation of any provision of this part is
9 guilty of a class B misdemeanor.
10 Section 26. Section 20A-11-701 is amended to read:
11 20A-11-701. Campaign financial reporting of candidate campaign contributions by
12 corporations -- Filing requirements -- Statement contents.
13 (1) (a) Each corporation that has made expenditures for political purposes that total at least
14 $750 during a calendar year shall file a verified financial statement with the lieutenant governor's
15 office on:
16 (i) January 15, reporting expenditures as of December 31 of [each] the previous year;
17 (ii) seven days before the regular primary election; [and]
18 (iii) September 15; and
19 [(iii)] (iv) seven days before the regular general election.
20 (b) [All contributions and] The corporation shall report:
21 (i) a detailed listing of all expenditures made since the last report; and
22 (ii) for financial statements filed on September 15 and before the primary and general
23 elections, all expenditures [shall be reported] as of three days before the required filing date of the
24 [verified] financial statement.
25 (c) The corporation need not file a report under this section if it made no expenditures
26 during the reporting period.
27 (2) That statement shall include:
28 (a) the name and address of each reporting entity that received an expenditure from the
29 corporation, and the amount of each expenditure;
30 (b) the total amount of expenditures disbursed by the corporation; and
31 (c) a paragraph signed by the corporation's or the political action committee's treasurer or

- 28 -

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

- 29 -

1 (2) Each person who aids, abets, or advises a violation of any provision of this part is
2 guilty of a class B misdemeanor.
3 Section 29. Section 20A-11-801 is amended to read:
4 20A-11-801. Political issues committees -- Registration.
5 (1) Each political issues committee shall file a statement of organization with the
6 lieutenant governor's office no later than seven days after receiving political issues contributions
7 totaling at least $750 or disbursing political issues expenditures totaling at least $750 in any
8 calendar year.
9 (2) The statement of organization shall include:
10 (a) the name and address of the political issues committee;
11 (b) the name, address, occupation, and title of each officer;
12 (c) the name and address of the organization, individual, corporation, association, unit of
13 government, or union that the political issues committee represents, if any;
14 (d) the name and address of all affiliated or connected organizations and their relationships
15 to the political issues committee;
16 (e) the name, address, business address, occupation, and phone number of the committee's
17 treasurer or chief financial officer; [and]
18 (f) the name, address, and occupation of each member of the supervisory board, if any; and
19 (g) the ballot proposition whose outcome they wish to affect, and whether they support
20 or oppose it.
21 (3) (a) Any registered political issues committee that intends to permanently cease
22 operations during a calendar year shall file a notice of dissolution with the lieutenant governor's
23 office.
24 (b) Any notice of dissolution filed by a political issues committee does not exempt that
25 political issues committee from complying with the financial reporting requirements of this
26 chapter.
27 Section 30. Section 20A-11-802 is amended to read:
28 20A-11-802. Political issues committees -- Financial reporting.
29 (1) (a) Each registered political issues committee that has made political issues
30 expenditures on current or proposed ballot issues that total at least $750 during a calendar year,
31 shall file a verified financial statement with the lieutenant governor's office on:

- 30 -

1 (i) January 15, reporting contributions and expenditures as of December 31 of [each] the
2 previous year;
3 (ii) seven days before the regular primary election; [and]
4 (iii) September 15; and
5 [(iii)] (iv) seven days before the regular general election.
6 (b) [All] The political issues committee shall report:
7 (i) a detailed listing of all contributions received and expenditures made since the last
8 report; and
9 (ii) for financial statements filed on September 15 and before the primary and general
10 elections, all contributions and [political issues] expenditures [shall be reported] as of three days
11 before the required filing date of the [verified] financial statement.
12 (c) The political issues committee need not file a report under this section if it received no
13 contributions and made no expenditures during the reporting period.
14 (2) (a) That statement shall include:
15 (i) the name, address, and occupation of any individual that makes a political issues
16 contribution to the reporting political issues committee, and the amount of the political issues
17 contribution;
18 (ii) the identification of any publicly identified class of individuals that makes a political
19 issues contribution to the reporting political issues committee, and the amount of the political
20 issues contribution;
21 (iii) the name and address of any political issues committee, group, or entity that makes
22 a political issues contribution to the reporting political issues committee, and the amount of the
23 political issues contribution;
24 (iv) the name and address of each reporting entity that makes a political issues contribution
25 to the reporting political issues committee, and the amount of the political issues contribution;
26 (v) for each nonmonetary contribution, the fair market value of the contribution;
27 (vi) the name and address of each individual, entity, or group of individuals or entities that
28 received a political issues expenditure of more than $50 from the reporting political issues
29 committee, and the amount of each political issues expenditure;
30 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
31 (viii) the total amount of political issues contributions received and political issues

- 31 -

1 expenditures disbursed by the reporting political issues committee;
2 (ix) a paragraph signed by the political issues committee's treasurer or chief financial
3 officer verifying the accuracy of the verified financial statement; and
4 (x) a summary page in the form required by the lieutenant governor that identifies:
5 (A) beginning balance;
6 (B) total contributions during the period since the last statement;
7 (C) total contributions to date;
8 (D) total expenditures during the period since the last statement; and
9 (E) total expenditures to date.
10 (b) (i) Political issues contributions received by a political issues committee that have a
11 value of $50 or less need not be reported individually, but shall be listed on the report as an
12 aggregate total.
13 (ii) Two or more political issues contributions from the same source that have an aggregate
14 total of more than $50 may not be reported in the aggregate, but shall be reported separately.
15 Section 31. Section 20A-11-803 is enacted to read:
16 20A-11-803. Criminal penalties.
17 (1) (a) Each political issues committee that violates this part is guilty of a class A
18 misdemeanor.
19 (b) Each violation of this part is a separate offense.
20 (c) When it appears that an individual or group of individuals has violated this part, the
21 person who directed the violation shall be charged with the violation.
22 (2) Each person who aids, abets, or advises a violation of any provision of this part is
23 guilty of a class B misdemeanor.
24 Section 32. Repealer.
25 This act repeals:
26 Section 20A-11-902, Restrictions on newspaper and other publications.


- 32 -

Legislative Review Note
as of 11-21-96 3:12 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The State and Local Affairs Interim Committee recommended this bill.

- 33 -