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Second Substitute S.B. 81
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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 FILE TIMELY 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 20A-11-1301, Utah Code Annotated 1953
20 20A-11-1302, Utah Code Annotated 1953
21 20A-11-1303, Utah Code Annotated 1953
22 20A-11-1304, Utah Code Annotated 1953
23 20A-11-1305, Utah Code Annotated 1953
24 20A-11-1306, Utah Code Annotated 1953
25 REPEALS:
26 20A-11-902, as enacted by Chapter 1, Laws of Utah 1995
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 20A-11-101 is amended to read:
29 20A-11-101. Definitions.
30 As used in this chapter:
31 (1) "Address" means the number and street where an individual resides or where a
1 reporting entity has its principal office.
2 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
3 amendments, and any other ballot propositions submitted to the voters that are authorized by the
4 Utah Code Annotated 1953.
5 (3) "Candidate" means any person who:
6 (a) files a declaration of candidacy for a public office; or
7 (b) receives contributions, makes expenditures, or gives consent for any other person to
8 receive contributions or make expenditures to bring about the person's nomination or election to
9 a public office.
10 (4) "Continuing political party" means an organization of voters that participated in the
11 last regular general election and polled a total vote equal to 2% or more of the total votes cast for
12 all candidates for the United States House of Representatives.
13 (5) (a) "Contribution" means any of the following when done for political purposes:
14 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value
15 given to the filing entity;
16 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
17 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything
18 of value to the filing entity;
19 (iii) any transfer of funds from another reporting entity or a corporation to the filing entity;
20 (iv) compensation paid by any person or reporting entity other than the filing entity for
21 personal services provided without charge to the filing entity;
22 (v) remuneration from any organization or its directly affiliated organization that has a
23 registered lobbyist to compensate a legislator for a loss of salary or income while the Legislature
24 is in session;
25 (vi) salaries or other remuneration paid to a legislator by any agency or subdivision of the
26 state, including school districts, for the period the Legislature is in session; and
27 (vii) goods or services provided to or for the benefit of the filing entity at less than fair
28 market value.
29 (b) "Contribution" does not include:
30 (i) services provided without compensation by individuals volunteering a portion or all of
31 their time on behalf of the filing entity; or
1 (ii) money lent to the filing entity by a financial institution in the ordinary course of
2 business.
3 (6) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
4 organization that is registered as a corporation or is authorized to do business in a state and makes
5 any expenditure from corporate funds for:
6 (i) political purposes; or
7 (ii) the purpose of influencing the approval or the defeat of any ballot proposition.
8 (b) "Corporation" does not mean:
9 (i) a business organization's political action committee or political issues committee; or
10 (ii) a business entity organized as a partnership or a sole proprietorship.
11 (7) "Detailed listing" means:
12 (a) for each contribution or public service assistance:
13 (i) the name and address of the individual or source making the contribution or public
14 service assistance;
15 (ii) the amount or value of the contribution or public service assistance; and
16 (iii) the date the contribution or public service assistance was made; and
17 (b) for each expenditure:
18 (i) the amount of the expenditure;
19 (ii) the person or entity to whom it was disbursed;
20 (iii) the specific [
21 (iv) the date the expenditure was made.
22 (8) "Election" means each:
23 (a) regular general election;
24 (b) regular primary election; and
25 (c) special election at which candidates are eliminated and selected.
26 (9) (a) "Expenditure" means:
27 (i) any disbursement from contributions, receipts, or from the separate bank account
28 required by this chapter;
29 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
30 anything of value made for political purposes;
31 (iii) an express, legally enforceable contract, promise, or agreement to make any purchase,
1 payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for
2 political purposes;
3 (iv) compensation paid by a corporation or filing entity for personal services rendered by
4 a person without charge to a reporting entity;
5 (v) a transfer of funds between the filing entity and a candidate's personal campaign
6 committee; or
7 (vi) goods or services provided by the filing entity to or for the benefit of another reporting
8 entity for political purposes at less than fair market value.
9 (b) "Expenditure" does not include:
10 (i) services provided without compensation by individuals volunteering a portion or all of
11 their time on behalf of a reporting entity;
12 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
13 business; or
14 (iii) anything listed in Subsection (5)(a) that is given by a corporation or reporting entity
15 to candidates for office or officeholders in states other than Utah.
16 (10) "Filing entity" means the reporting entity that is filing a report required by this
17 chapter.
18 (11) "Financial statement" includes any summary report, interim report, or other statement
19 disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this
20 chapter.
21 (12) (a) "Foreign national" includes foreign governments, foreign political parties, foreign
22 corporations, foreign associations, foreign partnerships, individuals with foreign citizenship, and
23 immigrants not possessing a "green card," and other persons or entities identified in 11 C.F.R.
24 110.4.
25 (b) "Foreign national" may include domestic subsidiaries of foreign corporations and
26 United States corporations owned by foreign nationals if the requirements of 11 C.F.R. 110.4 are
27 met.
28 [
29 the candidates and committees that will receive expenditures from a political action committee.
30 [
31 [
1 expenditures made since the last report.
2 [
3 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
4 assistant whip of any party caucus in either house of the Legislature.
5 [
6 (a) files a declaration of candidacy for the office of state senator or state representative;
7 (b) declares himself to be a candidate for, or actively campaigns for, the position of
8 speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant
9 whip of any party caucus in either house of the Legislature; and
10 (c) receives contributions, makes expenditures, or gives consent for any other person to
11 receive contributions or make expenditures to bring about the person's nomination or election to
12 a legislative office.
13 [
14
15
16 (18) "Newly registered political party" means an organization of voters that has complied
17 with the petition and organizing procedures of this chapter to become a registered political party.
18 (19) "Officeholder" means a person who holds a public office.
19 (20) "Party committee" means any committee [
20
21 (21) "Person" means both natural and legal persons, including individuals, business
22 organizations, personal campaign committees, party committees, political action committees,
23 political issues committees, labor unions, and labor organizations.
24 (22) "Personal campaign committee" means the committee appointed by a candidate to
25 act for the candidate as provided in this chapter.
26 (23) (a) "Political action committee" means an entity, or any group of individuals or
27 entities within or outside this state, that solicits or receives contributions from any other person,
28 group, or entity or makes expenditures for political purposes. A group or entity may not divide
29 or separate into units, sections, or smaller groups for the purpose of avoiding the financial
30 reporting requirements of this chapter, and substance shall prevail over form in determining the
31 scope or size of a political action committee.
1 (b) "Political action committee" includes groups affiliated with a registered political party
2 but not authorized or organized by the governing board of the registered political party that receive
3 contributions or makes expenditures for political purposes.
4 [
5 (i) a party committee;
6 (ii) any entity that provides goods or services to a candidate or committee in the regular
7 course of its business at the same price that would be provided to the general public;
8 (iii) an individual;
9 (iv) individuals who are related and who make contributions from a joint checking
10 account;
11 (v) a corporation; or
12 (vi) a personal campaign committee.
13 (24) "Political convention" means a county or state political convention held by a
14 registered political party to select candidates.
15 (25) (a) "Political issues committee" means an entity, or any group of individuals or
16 entities within or outside this state, that solicits or receives donations from any other person, group,
17 or entity or makes disbursements to influence, or to intend to influence, directly or indirectly, any
18 person to assist in placing a ballot proposition on the ballot, to assist in keeping a ballot
19 proposition off the ballot, or to refrain from voting or to vote for or to vote against any ballot
20 proposition.
21 (b) "Political issues committee" does not mean:
22 (i) a registered political party or a party committee;
23 (ii) any entity that provides goods or services to an individual or committee in the regular
24 course of its business at the same price that would be provided to the general public;
25 (iii) an individual;
26 (iv) individuals who are related and who make contributions from a joint checking
27 account; or
28 (v) a corporation, except a corporation whose apparent purpose is to act as a political
29 issues committee.
30 (26) (a) "Political issues contribution" means any of the following:
31 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
1 anything of value given to a political issues committee;
2 (ii) an express, legally enforceable contract, promise, or agreement to make a political
3 issues donation to influence the approval or defeat of any ballot proposition;
4 (iii) any transfer of funds received by a political issues committee from a reporting entity;
5 (iv) compensation paid by another reporting entity for personal services rendered without
6 charge to a political issues committee; and
7 (v) goods or services provided to or for the benefit of a political issues committee at less
8 than fair market value.
9 (b) "Political issues contribution" does not include:
10 (i) services provided without compensation by individuals volunteering a portion or all of
11 their time on behalf of a political issues committee; or
12 (ii) money lent to a political issues committee by a financial institution in the ordinary
13 course of business.
14 (27) (a) "Political issues expenditure" means any of the following:
15 (i) any payment from political issues contributions made for the purpose of influencing
16 the approval or the defeat of a statewide ballot proposition;
17 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
18 the purpose of influencing the approval or the defeat of a statewide ballot proposition;
19 (iii) an express, legally enforceable contract, promise, or agreement to make any political
20 issues expenditure;
21 (iv) compensation paid by a reporting entity for personal services rendered by a person
22 without charge to a political issues committee; or
23 (v) goods or services provided to or for the benefit of another reporting entity at less than
24 fair market value.
25 (b) "Political issues expenditure" does not include:
26 (i) services provided without compensation by individuals volunteering a portion or all of
27 their time on behalf of a political issues committee; or
28 (ii) money lent to a political issues committee by a financial institution in the ordinary
29 course of business.
30 (28) "Political purposes" means an act done with the intent or in a way to influence or tend
31 to influence, directly or indirectly, any person to refrain from voting or to vote for or against any
1 candidate for public office at any caucus, political convention, primary, or election.
2 (29) "Primary election" means any regular primary election held under the election laws.
3 (30) "Public office" means the office of governor, lieutenant governor, state auditor, state
4 treasurer, attorney general, state or local school board member, state senator, state representative,
5 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
6 assistant whip of any party caucus in either house of the Legislature.
7 (31) (a) "Public service assistance" means the following when given or provided to an
8 officeholder to defray the costs of functioning in a public office or aid the officeholder to
9 communicate with the officeholder's constituents:
10 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
11 money or anything of value to an officeholder; or
12 (ii) goods or services provided at less than fair market value to or for the benefit of the
13 officeholder.
14 (b) "Public service assistance" does not include:
15 (i) anything provided by the state;
16 (ii) services provided without compensation by individuals volunteering a portion or all
17 of their time on behalf of an officeholder;
18 (iii) money lent to an officeholder by a financial institution in the ordinary course of
19 business;
20 (iv) news coverage or any publication by the news media; or
21 (v) any article, story, or other coverage as part of any regular publication of any
22 organization unless substantially all the publication is devoted to information about the
23 officeholder.
24 (32) "Publicly identified class of individuals" means a group of 50 or more individuals
25 sharing a common occupation, interest, or association that contribute to a political action
26 committee or political issues committee and whose names can be obtained by contacting the
27 political action committee or political issues committee upon whose financial report they are listed.
28 (33) "Receipts" means contributions and public service assistance.
29 (34) "Registered lobbyist" means a person registered under Title 36, Chapter 11, Lobbyist
30 Disclosure and Regulation Act.
31 (35) "Registered political action committee" means any political action committee that is
1 required by this chapter to file a statement of organization with the lieutenant governor's office.
2 (36) "Registered political issues committee" means any political issues committee that is
3 required by this chapter to file a statement of organization with the lieutenant governor's office.
4 (37) "Registered political party" means an organization of voters that:
5 (a) participated in the last regular general election and polled a total vote equal to 2% or
6 more of the total votes cast for all candidates for the United States House of Representatives for
7 any of its candidates for any office; or
8 (b) has complied with the petition and organizing procedures of this chapter.
9 (38) "Report" means a verified financial statement.
10 (39) "Reporting entity" means a candidate, a candidate's personal campaign committee,
11 an officeholder, and a party committee, a political action committee, and a political issues
12 committee.
13 (40) "School board office" means the office of state school board or local school board.
14 [
15 general, state auditor, and state treasurer.
16 [
17 (a) files a declaration of candidacy for a state office; or
18 (b) receives contributions, makes expenditures, or gives consent for any other person to
19 receive contributions or make expenditures to bring about the person's nomination or election to
20 a state office.
21 [
22 reporting entity's contributions and expenditures.
23 [
24 expenditures from a political issues committee.
25 Section 2. Section 20A-11-103 is enacted to read:
26 20A-11-103. Reporting entities prohibited from accepting contributions from foreign
27 nationals.
28 As required by 2 U.S.C. Section 441e and 11 C.F.R. 110.4 and 110.9, a reporting entity
29 may not accept contributions from any foreign national.
30 Section 3. Section 20A-11-104 is enacted to read:
31 20A-11-104. Reports -- Form of submission.
1 (1) Persons or entities submitting reports required by this chapter may submit them:
2 (a) on paper, printed, typed, or legibly handwritten or hand printed;
3 (b) on a computer disk according to specifications established by the chief election officer
4 and, accompanied by a statement signed by the person or entity submitting the report certifying
5 the accuracy of the information contained on the computer disk;
6 (c) via fax; or
7 (d) via electronic mail according to specifications established by the chief election officer.
8 (2) A report is considered filed if it is received in the chief election officer's office no later
9 than 5:00 p.m. on the date that it is due.
10 Section 4. Section 20A-11-201 is amended to read:
11 20A-11-201. State office candidate -- Separate bank account for campaign funds.
12 (1) (a) Each state office candidate or the candidate's personal campaign committee shall
13 deposit each contribution and public service assistance received in one or more separate campaign
14 accounts in a financial institution.
15 (b) The state office candidate or the candidate's personal campaign committee may use the
16 monies in those accounts only for political purposes.
17 (2) A state office candidate or the candidate's personal campaign committee may not
18 deposit or mingle any contributions received into a personal or business account.
19 (3) If a person who is no longer a state office 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-11-203 until the statement of dissolution and final summary report
22 required by Section 20A-11-205 are filed with the lieutenant governor.
23 Section 5. Section 20A-11-202 is amended to read:
24 20A-11-202. State office candidate -- Personal campaign committee required.
25 (1) (a) (i) Each state office candidate shall select no more than one personal campaign
26 committee, consisting of one or more persons, to receive contributions, make expenditures, and
27 file reports connected with the candidate's campaign.
28 (ii) A state office candidate may serve as his own campaign committee.
29 (b) Except for [
30 benefit a party's candidates generally, a state office candidate or other person acting in concert with
31 or with the knowledge of the state office candidate may not receive any contributions or make any
1 expenditures on behalf of a state office candidate other than through a personal campaign
2 committee established under this section.
3 (2) (a) The state office candidate shall file a written statement signed by the [
4
5 the lieutenant governor that:
6 (i) informs the lieutenant governor that the state office candidate's personal campaign
7 committee has been selected; and
8 (ii) provides the name and address of each member and the secretary of the committee.
9 (b) A state office candidate or the candidate's personal campaign committee may not
10 [
11 has been filed.
12 (c) A state office candidate may revoke the selection of any member of the campaign
13 committee by:
14 (i) revoking that person's appointment or election in writing;
15 (ii) personally serving the written revocation on the member whose selection is revoked;
16 and
17 (iii) filing a copy of the written revocation with the lieutenant governor.
18 (d) (i) The state office candidate may select a replacement to fill any vacancy on the
19 campaign committee.
20 (ii) The state office candidate shall file that replacement's name and address with the
21 lieutenant governor.
22 (3) A member of a state office candidate's personal campaign committee may not make
23 an expenditure of more than $1,000 unless the state office candidate or the secretary of the
24 personal campaign committee authorizes the expenditure in writing.
25 (4) A state office candidate or the candidate's personal campaign committee may not make
26 any expenditures prohibited by law.
27 Section 6. Section 20A-11-203 is amended to read:
28 20A-11-203. State office candidate -- Financial reporting requirements -- Year-end
29 summary report.
30 (1) Each state office candidate shall file a summary report by [
31
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 single figure equal to the total amount of receipts reported on all interim reports, if
5 any[
6 (iii) a single figure equal to the total amount of expenditures reported on all interim
7 reports, if any, filed during the [
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 [
17 a single 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 [
21
22 (3) The summary report shall contain a paragraph signed by [
23 member of the state office candidate's personal campaign committee or by the state office
24 candidate certifying that all receipts and all expenditures have been reported as of [
25
26 are no bills or obligations outstanding and unpaid except as set forth in that report.
27 [
28
29 [
30
31 [
1 received and expenditures made after April 29, 1991.
2 Section 7. Section 20A-11-204 is amended to read:
3 20A-11-204. State office candidate -- Financial reporting requirements -- Interim
4 reports.
5 (1) Each state office candidate shall file an interim report at the following times in any
6 year in which the candidate has filed a declaration of candidacy for a public office:
7 (a) [
8 candidate's same party has filed a declaration of candidacy for the particular public office that the
9 candidate seeks; [
10 [
11 (b) seven days before the regular primary election date; [
12 (c) September 15; and
13 [
14 (2) Each interim report shall include the following information:
15 (a) the net balance of the last summary report, if any;
16 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
17 if any, during the calendar year in which the interim report is due;
18 (c) a single figure equal to the total amount of expenditures reported on all prior interim
19 reports, if any, filed during the calendar year in which the interim report is due;
20 (d) a detailed listing of each contribution and public service assistance received since the
21 last summary report that has not been reported in detail on a prior interim report;
22 (e) for each nonmonetary contribution, the fair market value of the contribution;
23 (f) a detailed listing of each expenditure made since the last summary report that has not
24 been reported in detail on a prior interim report;
25 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
26 (h) a net balance for the year consisting of the net balance from the last summary report,
27 if any, plus all receipts since the last summary report minus all expenditures since the last
28 summary report; and
29 (i) a summary page in the form required by the lieutenant governor that identifies:
30 (A) beginning balance;
31 (B) total contributions during the period since the last statement;
1 (C) total contributions to date;
2 (D) total expenditures during the period since the last statement; and
3 (E) total expenditures to date.
4 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
5 aggregate figure may be reported without separate detailed listings.
6 (b) Two or more contributions from the same source that have an aggregate total of more
7 than $50 may not be reported in the aggregate, but shall be reported separately.
8 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
9 three days before the required filing date of the report.
10 [
11
12 [
13
14 [
15 received and expenditures made after April 29, 1991.
16 Section 8. Section 20A-11-205 is amended to read:
17 20A-11-205. State office candidate -- Financial reporting requirements --
18 Termination of duty to report.
19 (1) Each state office candidate and the candidate's personal campaign committee is active
20 and subject to interim reporting requirements until the candidate withdraws or is eliminated in a
21 convention or primary.
22 [
23 active and subject to year-end summary reporting requirements until the candidate has filed a
24 statement of dissolution with the lieutenant governor stating that:
25 (a) the state office candidate or the personal campaign committee is no longer receiving
26 contributions and is no longer making expenditures;
27 (b) the ending balance on the last summary report filed is zero and the balance in the
28 separate bank account required in Section 20A-11-201 is zero; and
29 (c) a final summary report in the form required by Section 20A-11-203 showing a zero
30 balance is attached to the statement of dissolution.
31 [
1 (4) Each state office candidate and the candidate's personal campaign committee shall
2 continue to file the year-end summary report required by Section 20A-11-203 until the statement
3 of dissolution and final summary report required by this section are filed with the lieutenant
4 governor.
5 Section 9. Section 20A-11-206 is amended to read:
6 20A-11-206. State office candidate -- Failure to file statement -- Name not printed
7 on ballot -- Filling vacancy.
8 (1) [
9 candidate [
10 to file the financial statements required by this part, the election officer:
11 (a) shall remove the name of the candidate by blacking out the candidate's name before
12 the ballots are delivered to voters; and
13 (b) may not count any votes for that candidate.
14 (2) Any state office candidate who fails to file timely a financial statement required by this
15 part is disqualified and the vacancy on the ballot may be filled as provided in Section 20A-1-501.
16 Section 10. Section 20A-11-207 is amended to read:
17 20A-11-207. State office candidate -- Criminal penalties.
18 (1) (a) Each state office candidate or state office candidate's personal campaign committee
19 that violates this part is guilty of a class A misdemeanor.
20 (b) Each violation of this part is a separate offense.
21 (c) When it appears that an individual or group of individuals has violated this part, the
22 person who directed the violation shall be charged with the violation.
23 (2) Any person who aids, abets, or advises a violation of any provision of this part is guilty
24 of a class B misdemeanor.
25 [
26
27
28 [
29 [
30 (i) enter upon the duties of the office until the personal campaign committee has filed the
31 required financial statements; and
1 (ii) [
2 (b) Any person who violates this section is guilty of a class A misdemeanor.
3 [
4
5
6 [
7
8 Section 11. Section 20A-11-301 is amended to read:
9 20A-11-301. Legislative office candidate -- Campaign requirements.
10 (1) Each legislative office candidate shall deposit each contribution and public service
11 assistance received in one or more separate accounts in a financial institution that are dedicated
12 only to that purpose.
13 (2) A legislative office candidate may not deposit or mingle any contributions or public
14 service assistance received into a personal or business account.
15 (3) A legislative office candidate may not make any political expenditures prohibited by
16 law.
17 (4) If a person who is no longer a legislative candidate chooses not to expend the monies
18 remaining in his campaign account, the person shall continue to file the year-end summary report
19 required by Section 20A-11-302 until the statement of dissolution and final summary report
20 required by Section 20A-11-304 are filed with the lieutenant governor.
21 Section 12. Section 20A-11-302 is amended to read:
22 20A-11-302. Legislative office candidate -- Financial reporting requirements --
23 Year-end summary report.
24 (1) Each legislative office candidate shall file a summary report by [
25 January 5 of the year after the regular general election year.
26 (2) (a) Each summary report shall include the following information as of December 31
27 of the last regular general election year:
28 (i) the net balance of the last summary report, if any;
29 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
30 any, during the calendar year in which the summary report is due;
31 (iii) a single figure equal to the total amount of expenditures reported on all interim
1 reports, if any, filed during the [
2 (iv) a detailed listing of each receipt, contribution, and public service assistance since the
3 last summary report that has not been reported in detail on an interim report;
4 (v) for each nonmonetary contribution, the fair market value of the contribution;
5 (vi) a detailed listing of each expenditure made since the last summary report that has not
6 been reported in detail on an interim report;
7 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
8 (viii) a net balance for the year consisting of the net balance from the last summary report,
9 if any, plus all receipts minus all expenditures.
10 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
11 aggregate figure may be reported without separate detailed listings.
12 (ii) Two or more contributions from the same source that have an aggregate total of more
13 than $50 may not be reported in the aggregate, but shall be reported separately.
14 (c) In preparing the report, all receipts and expenditures shall be reported as of [
15
16 (3) The summary report shall contain a paragraph signed by the legislative office candidate
17 certifying that all receipts and all expenditures have been reported as of [
18
19 bills or obligations outstanding and unpaid except as set forth in that report.
20 [
21
22 [
23
24 [
25 received and expenditures made after April 29, 1991.
26 Section 13. Section 20A-11-303 is amended to read:
27 20A-11-303. Legislative office candidate -- Financial reporting requirements --
28 Interim reports.
29 (1) Each legislative office candidate shall file an interim report at the following times in
30 any year in which the candidate has filed a declaration of candidacy for a public office:
31 (a) seven days before any political convention if more than one individual in the
1 candidate's same party has filed a declaration of candidacy for the particular public office that the
2 candidate seeks;
3 (b) seven days before the regular primary election date, if the candidate is on the ballot in
4 the primary election; [
5 (c) September 15, unless the candidate is unopposed; and
6 [
7 (2) Each interim report shall include the following information:
8 (a) the net balance of the last summary report, if any;
9 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
10 if any, during the calendar year in which the interim report is due;
11 (c) a single figure equal to the total amount of expenditures reported on all prior interim
12 reports, if any, filed during the calendar year in which the interim report is due;
13 (d) a detailed listing of each contribution and public service assistance received since the
14 last summary report that has not been reported in detail on a prior interim report;
15 (e) for each nonmonetary contribution, the fair market value of the contribution;
16 (f) a detailed listing of each expenditure made since the last summary report that has not
17 been reported in detail on a prior interim report;
18 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
19 (h) a net balance for the year consisting of the net balance from the last summary report,
20 if any, plus all receipts since the last summary report minus all expenditures since the last
21 summary report; and
22 (i) a summary page in the form required by the lieutenant governor that identifies:
23 (i) beginning balance;
24 (ii) total contributions during the period since the last statement;
25 (iii) total contributions to date;
26 (iv) total expenditures during the period since the last statement; and
27 (v) total expenditures to date.
28 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
29 aggregate figure may be reported without separate detailed listings.
30 (b) Two or more contributions from the same source that have an aggregate total of more
31 than $50 may not be reported in the aggregate, but shall be reported separately.
1 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
2 three days before the required filing date of the report.
3 [
4
5 [
6
7 [
8 contributions received and expenditures made after April 29, 1991.
9 Section 14. Section 20A-11-304 is amended to read:
10 20A-11-304. Legislative office candidate -- Financial reporting requirements --
11 Termination of duty to report.
12 (1) Each legislative candidate is subject to interim reporting requirements until the
13 candidate withdraws or is eliminated in a convention or primary.
14 [
15 requirements until the candidate has filed a statement of dissolution with the lieutenant governor
16 stating that:
17 (a) the legislative office candidate is no longer receiving contributions and is no longer
18 making expenditures;
19 (b) the ending balance on the last summary report filed is zero and the balance in the
20 separate bank account required in Section 20A-11-301 is zero; and
21 (c) a final summary report in the form required by Section 20A-11-302 showing a zero
22 balance is attached to the statement of dissolution.
23 [
24 (4) Each legislative office candidate shall continue to file the year-end summary report
25 required by Section 20A-11-302 until the statement of dissolution and final summary report
26 required by this section are filed with the lieutenant governor.
27 Section 15. Section 20A-11-305 is amended to read:
28 20A-11-305. Legislative office candidate -- Failure to file statement -- Name not
29 printed on ballot -- Filling vacancy.
30 (1) [
31 office candidate [
1
2 the election officer:
3 (a) shall remove the name of the candidate by blacking out the candidate's name before
4 the ballots are delivered to voters; and
5 (b) may not count any votes for that candidate.
6 (2) Any legislative office candidate who fails to file timely a financial statement required
7 by this part is disqualified and the vacancy on the ballot may be filled as provided in Section
8 20A-1-501.
9 Section 16. Section 20A-11-306 is amended to read:
10 20A-11-306. Legislative office candidate -- Criminal penalties.
11 (1) (a) Each legislative office candidate that violates this part is guilty of a class A
12 misdemeanor.
13 (b) Each violation of this part is a separate offense.
14 (c) When it appears that an individual or group of individuals has violated this part, the
15 person who directed the violation shall be charged with the violation.
16 (2) [
17 is guilty of a class B misdemeanor.
18 [
19
20
21 [
22
23 (3) (a) It is unlawful for a person elected to a legislative office to:
24 (i) enter upon the duties of the office until the legislative office candidate has filed the
25 required financial statements; and
26 (ii) accept any salary or fees for the period before the filing of the statement.
27 (b) Any person who violates this section is guilty of a class B misdemeanor.
28 Section 17. Section 20A-11-401 is amended to read:
29 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
30 report.
31 (1) Each officeholder shall file a summary report by [
1 the year after the regular general election year.
2 (2) (a) Each summary report shall include the following information as of December 31
3 of the last regular general election year:
4 (i) the net balance of the last summary report, if any;
5 (ii) a detailed listing of each contribution and public service assistance received since the
6 last summary report;
7 (iii) for each nonmonetary contribution, the fair market value of the contribution;
8 (iv) a detailed listing of each expenditure made since the last summary report;
9 (v) for each nonmonetary expenditure, the fair market value of the expenditure; and
10 (vi) a net balance for the year consisting of the net balance from the last summary report
11 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 [
17
18 (3) The summary report shall contain a paragraph signed by the officeholder certifying that
19 all receipts and all expenditures have been reported as of [
20
21 outstanding and unpaid except as set forth in that report.
22 [
23
24 [
25
26 Section 18. Section 20A-11-402 is amended to read:
27 20A-11-402. Officeholder financial reporting requirements -- Termination of duty
28 to report.
29 (1) An officeholder is active and subject to reporting requirements until the officeholder
30 has filed a statement of dissolution with the lieutenant governor stating that:
31 (a) the officeholder is no longer receiving contributions or public service assistance and
1 is no longer making expenditures;
2 (b) the ending balance on the last summary report filed is zero and the balance in the
3 separate bank account required by Sections 20A-11-201 and 20A-11-301 is zero; and
4 (c) a final summary report in the form required by Section 20A-11-401 showing a zero
5 balance is attached to the statement of dissolution.
6 (2) A statement of dissolution and a final summary report may be filed at any time.
7 (3) Each officeholder shall continue to file the year-end summary report required by
8 Section 20A-11-401 until the statement of dissolution and final summary report required by this
9 section are filed with the lieutenant governor.
10 Section 19. Section 20A-11-403 is amended to read:
11 20A-11-403. Officeholder financial reporting requirements -- Criminal penalties.
12 (1) (a) Each officeholder that violates this part is guilty of a class A misdemeanor.
13 (b) Each violation of this part is a separate offense.
14 (c) When it appears that an individual or group of individuals has violated this part, the
15 person who directed the violation shall be charged with the violation.
16 (2) [
17 is guilty of a class B misdemeanor.
18 [
19
20
21 [
22
23 Section 20. Section 20A-11-505.5 is enacted to read:
24 20A-11-505.5. Political party financial reporting requirements -- General
25 requirements.
26 Nothing in this part requires a registered political party to report contributions and
27 expenditures made to benefit federal candidates and filed with the Federal Election Commission.
28 Section 21. Section 20A-11-506 is amended to read:
29 20A-11-506. Political party financial reporting requirements -- Year-end summary
30 report.
31 (1) Each party committee shall file a summary report by [
1 5 of the year after the regular general election year.
2 (2) (a) Each summary report shall include the following information as of December 31
3 of the regular general election year:
4 (i) the net balance of the last summary report, if any;
5 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
6 any, during the [
7 (iii) a single figure equal to the total amount of expenditures reported on all interim
8 reports, if any, filed during the [
9 (iv) a detailed listing of each contribution and public service assistance received since the
10 last summary report that has not been reported in detail on an interim report;
11 (v) for each nonmonetary contribution, the fair market value of the contribution;
12 (vi) a detailed listing of each expenditure made since the last summary report that has not
13 been reported in detail on an interim report;
14 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
15 (viii) a net balance for the year consisting of the net balance from the last summary report,
16 if any, plus all receipts minus all expenditures.
17 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
18 aggregate figure may be reported without separate detailed listings.
19 (ii) Two or more contributions from the same source that have an aggregate total of more
20 than $50 may not be reported in the aggregate, but shall be reported separately.
21 (c) In preparing the report, all receipts and expenditures shall be reported as of [
22
23 (3) The summary report shall contain a paragraph signed by the [
24 party committee certifying that all receipts and all expenditures have been reported as of [
25
26 there are no bills or obligations outstanding and unpaid except as set forth in that report.
27 [
28
29 [
30
31 Section 22. Section 20A-11-507 is amended to read:
1 20A-11-507. Political party financial reporting requirements -- Interim reports.
2 (1) Each party committee shall file an interim report at the following times in any year in
3 which there is a regular general election:
4 (a) [
5 [
6 [
7 (2) Each interim report shall include the following information:
8 (a) the net balance of the last summary report, if any;
9 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
10 if any, during the calendar year in which the interim report is due;
11 (c) a single figure equal to the total amount of expenditures reported on all prior interim
12 reports, if any, filed during the calendar year in which the interim report is due;
13 (d) a detailed listing of each contribution and public service assistance received since the
14 last summary report that has not been reported in detail on a prior interim report;
15 (e) for each nonmonetary contribution, the fair market value of the contribution;
16 (f) a detailed listing of each expenditure made since the last summary report that has not
17 been reported in detail on a prior interim report;
18 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
19 (h) a net balance for the year consisting of the net balance from the last summary report,
20 if any, plus all receipts since the last summary report minus all expenditures since the last
21 summary report; and
22 (i) 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 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
29 aggregate figure may be reported without separate detailed listings.
30 (ii) Two or more contributions from the same source that have an aggregate total of more
31 than $50 may not be reported in the aggregate, but shall be reported separately.
1 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
2 three days before the required filing date of the report.
3 [
4
5 [
6
7 Section 23. Section 20A-11-508 is amended to read:
8 20A-11-508. Political party registration requirements -- Criminal penalties.
9 (1) (a) Each registered political party that violates Section 20A-11-506 or 20A-11-507 is
10 guilty of a class A misdemeanor.
11 (b) Each violation of those sections is a separate offense.
12 (c) When it appears that an individual or group of individuals has violated those sections,
13 the person who directed the violation shall be charged with the violation.
14 (2) [
15 20A-11-507 is guilty of a class B misdemeanor.
16 [
17
18
19 [
20
21 Section 24. Section 20A-11-602 is amended to read:
22 20A-11-602. Political action committees -- Financial reporting.
23 (1) (a) Each registered political action committee that has made expenditures that total at
24 least $750 during a calendar year shall file a verified financial statement with the lieutenant
25 governor's office on:
26 (i) January 5, reporting contributions and expenditures as of December 31 of [
27 previous year;
28 (ii) seven days before the regular primary election; [
29 (iii) September 15; and
30 [
31 (b) [
1 (i) a detailed listing of all contributions received and expenditures made since the last
2 report; and
3 (ii) for financial statements filed on September 15 and before the primary and general
4 elections, all contributions and expenditures [
5 filing date of the [
6 (c) The registered political action committee need not file a report under this section if it
7 received no contributions and made no expenditures during the reporting period.
8 (2) (a) The verified financial statement shall include:
9 (i) the name, address, and occupation of any individual that makes a contribution to the
10 reporting political action committee, and the amount of the contribution;
11 (ii) the identification of any publicly identified class of individuals that makes a
12 contribution to the reporting political action committee, and the amount of the contribution;
13 (iii) the name and address of any political action committee, group, or entity that makes
14 a contribution to the reporting political action committee, and the amount of the contribution;
15 (iv) for each nonmonetary contribution, the fair market value of the contribution;
16 (v) the name and address of each reporting entity that received an expenditure from the
17 reporting political action committee, and the amount of each expenditure;
18 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
19 (vii) the total amount of contributions received and expenditures disbursed by the reporting
20 political action committee;
21 (viii) a paragraph signed by the political action committee's treasurer or chief financial
22 officer verifying the accuracy of the financial report; and
23 (ix) a summary page in the form required by the lieutenant governor that identifies:
24 (A) beginning balance;
25 (B) total contributions during the period since the last statement;
26 (C) total contributions to date;
27 (D) total expenditures during the period since the last statement; and
28 (E) total expenditures to date.
29 (b) (i) Contributions received by a political action committee that have a value of $150 or
30 less need not be reported individually, but shall be listed on the report as an aggregate total.
31 (ii) Two or more contributions from the same source that have an aggregate total of more
1 than $150 may not be reported in the aggregate, but shall be reported separately.
2 Section 25. Section 20A-11-603 is enacted to read:
3 20A-11-603. Criminal penalties.
4 (1) (a) Each political action committee that violates this part is guilty of a class A
5 misdemeanor.
6 (b) Each violation of this part is a separate offense.
7 (c) When it appears that an individual or group of individuals has violated this part, the
8 person who directed the violation shall be charged with the violation.
9 (2) Each person who aids, abets, or advises a violation of any provision of this part is
10 guilty of a class B misdemeanor.
11 Section 26. Section 20A-11-701 is amended to read:
12 20A-11-701. Campaign financial reporting of candidate campaign contributions by
13 corporations -- Filing requirements -- Statement contents.
14 (1) (a) Each corporation that has made expenditures for political purposes that total at least
15 $750 during a calendar year shall file a verified financial statement with the lieutenant governor's
16 office on:
17 (i) January 5, reporting expenditures as of December 31 of [
18 (ii) seven days before the regular primary election; [
19 (iii) September 15; and
20 [
21 (b) [
22 (i) a detailed listing of all expenditures made since the last report; and
23 (ii) for financial statements filed on September 15 and before the primary and general
24 elections, all expenditures [
25 [
26 (c) The corporation need not file a report under this section if it made no expenditures
27 during the reporting period.
28 (2) That statement shall include:
29 (a) the name and address of each reporting entity that received an expenditure from the
30 corporation, and the amount of each expenditure;
31 (b) the total amount of expenditures disbursed by the corporation; and
1 (c) a paragraph signed by the corporation's or the political action committee's treasurer or
2 chief financial officer verifying the accuracy of the financial report.
3 Section 27. Section 20A-11-702 is amended to read:
4 20A-11-702. Campaign financial reporting of political issues expenditures by
5 corporations -- Financial reporting.
6 (1) (a) Each corporation that has made political issues expenditures on current or proposed
7 ballot issues that total at least $750 during a calendar year shall file a verified financial statement
8 with the lieutenant governor's office on:
9 (i) January 5, reporting expenditures as of December 31 of [
10 (ii) seven days before the regular primary election; [
11 (iii) September 15; and
12 [
13 (b) [
14 (i) a detailed listing of all expenditures made since the last report; and
15 (ii) for financial statements filed on September 15 and before the primary and general
16 elections, expenditures as of three days before the required filing date of the [
17 statement.
18 (c) The corporation need not file a report under this section if it made no expenditures
19 during the reporting period.
20 (2) That statement shall include:
21 (a) the name and address of each individual, entity, or group of individuals or entities that
22 received a political issues expenditure of more than $50 from the corporation, and the amount of
23 each political issues expenditure;
24 (b) the total amount of political issues expenditures disbursed by the corporation; and
25 (c) a paragraph signed by the corporation's treasurer or chief financial officer verifying the
26 accuracy of the verified financial statement.
27 Section 28. Section 20A-11-703 is enacted to read:
28 20A-11-703. Criminal penalties.
29 (1) (a) Each corporation that violates this part is guilty of a class A misdemeanor.
30 (b) Each violation of this part is a separate offense.
31 (c) When it appears that an individual or group of individuals has violated this part, the
1 person who directed the violation shall be charged with the violation.
2 (2) Each person who aids, abets, or advises a violation of any provision of this part is
3 guilty of a class B misdemeanor.
4 Section 29. Section 20A-11-801 is amended to read:
5 20A-11-801. Political issues committees -- Registration.
6 (1) Each political issues committee shall file a statement of organization with the
7 lieutenant governor's office no later than seven days after receiving political issues contributions
8 totaling at least $750 or disbursing political issues expenditures totaling at least [
9 calendar year.
10 (2) The statement of organization shall include:
11 (a) the name and address of the political issues committee;
12 (b) the name, address, occupation, and title of each officer;
13 (c) the name and address of the organization, individual, corporation, association, unit of
14 government, or union that the political issues committee represents, if any;
15 (d) the name and address of all affiliated or connected organizations and their relationships
16 to the political issues committee;
17 (e) the name, address, business address, occupation, and phone number of the committee's
18 treasurer or chief financial officer; [
19 (f) the name, address, and occupation of each member of the supervisory board, if any; and
20 (g) the ballot proposition whose outcome they wish to affect, and whether they support
21 or oppose it.
22 (3) (a) Any registered political issues committee that intends to permanently cease
23 operations during a calendar year shall file a notice of dissolution with the lieutenant governor's
24 office.
25 (b) Any notice of dissolution filed by a political issues committee does not exempt that
26 political issues committee from complying with the financial reporting requirements of this
27 chapter.
28 Section 30. Section 20A-11-802 is amended to read:
29 20A-11-802. Political issues committees -- Financial reporting.
30 (1) (a) Each registered political issues committee that has made political issues
31 expenditures on current or proposed ballot issues that total at least $750 during a calendar year,
1 shall file a verified financial statement with the lieutenant governor's office on:
2 (i) January 5, reporting contributions and expenditures as of December 31 of [
3 previous year;
4 (ii) seven days before the regular primary election; [
5 (iii) September 15; and
6 [
7 (b) [
8 (i) a detailed listing of all contributions received and expenditures made since the last
9 report; and
10 (ii) for financial statements filed on September 15 and before the primary and general
11 elections, all contributions and [
12 before the required filing date of the [
13 (c) The political issues committee need not file a report under this section if it received no
14 contributions and made no expenditures during the reporting period.
15 (2) (a) That statement shall include:
16 (i) the name, address, and occupation of any individual that makes a political issues
17 contribution to the reporting political issues committee, and the amount of the political issues
18 contribution;
19 (ii) the identification of any publicly identified class of individuals that makes a political
20 issues contribution to the reporting political issues committee, and the amount of the political
21 issues contribution;
22 (iii) the name and address of any political issues committee, group, or entity that makes
23 a political issues contribution to the reporting political issues committee, and the amount of the
24 political issues contribution;
25 (iv) the name and address of each reporting entity that makes a political issues contribution
26 to the reporting political issues committee, and the amount of the political issues contribution;
27 (v) for each nonmonetary contribution, the fair market value of the contribution;
28 (vi) the name and address of each individual, entity, or group of individuals or entities that
29 received a political issues expenditure of more than $50 from the reporting political issues
30 committee, and the amount of each political issues expenditure;
31 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1 (viii) the total amount of political issues contributions received and political issues
2 expenditures disbursed by the reporting political issues committee;
3 (ix) a paragraph signed by the political issues committee's treasurer or chief financial
4 officer verifying the accuracy of the verified financial statement; and
5 (x) a summary page in the form required by the lieutenant governor that identifies:
6 (A) beginning balance;
7 (B) total contributions during the period since the last statement;
8 (C) total contributions to date;
9 (D) total expenditures during the period since the last statement; and
10 (E) total expenditures to date.
11 (b) (i) Political issues contributions received by a political issues committee that have a
12 value of $50 or less need not be reported individually, but shall be listed on the report as an
13 aggregate total.
14 (ii) Two or more political issues contributions from the same source that have an aggregate
15 total of more than $50 may not be reported in the aggregate, but shall be reported separately.
16 Section 31. Section 20A-11-803 is enacted to read:
17 20A-11-803. Criminal penalties.
18 (1) (a) Each political issues committee that violates this part is guilty of a class A
19 misdemeanor.
20 (b) Each violation of this part is a separate offense.
21 (c) When it appears that an individual or group of individuals has violated this part, the
22 person who directed the violation shall be charged with the violation.
23 (2) Each person who aids, abets, or advises a violation of any provision of this part is
24 guilty of a class B misdemeanor.
25 Section 32. Section 20A-11-1301 is enacted to read:
26
27 20A-11-1301. School board office candidate -- Campaign requirements.
28 (1) Each school board office candidate shall deposit each contribution and public service
29 assistance received in one or more separate accounts in a financial institution that are dedicated
30 only to that purpose.
31 (2) A school board office candidate may not deposit or mingle any contributions or public
1 service assistance received into a personal or business account.
2 (3) A school board office candidate may not make any political expenditures prohibited
3 by law.
4 (4) If a person who is no longer a school board candidate chooses not to expend the monies
5 remaining in his campaign account, the person shall continue to file the year-end summary report
6 required by Section 20A-11-1302 until the statement of dissolution and final summary report
7 required by Section 20A-11-1304 are filed with the lieutenant governor.
8 Section 33. Section 20A-11-1302 is enacted to read:
9 20A-11-1302. School board office candidate -- Financial reporting requirements --
10 Year-end summary report.
11 (1) Each school board office candidate shall file a summary report by January 5 of the year
12 after the regular general election year.
13 (2) (a) Each summary report shall include the following information as of December 31
14 of the last regular general election year:
15 (i) the net balance of the last summary report, if any;
16 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
17 any, during the calendar year in which the summary report is due;
18 (iii) a single figure equal to the total amount of expenditures reported on all interim
19 reports, if any, filed during the election year;
20 (iv) a detailed listing of each receipt, contribution, and public service assistance since the
21 last summary report that has not been reported in detail on an interim report;
22 (v) for each nonmonetary contribution, the fair market value of the contribution;
23 (vi) a detailed listing of each expenditure made since the last summary report that has not
24 been reported in detail on an interim report;
25 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
26 (viii) a net balance for the year consisting of the net balance from the last summary report,
27 if any, plus all receipts minus all expenditures.
28 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
29 aggregate figure may be reported without separate detailed listings.
30 (ii) Two or more contributions from the same source that have an aggregate total of more
31 than $50 may not be reported in the aggregate, but shall be reported separately.
1 (c) In preparing the report, all receipts and expenditures shall be reported as of December
2 31 of the last regular general election year.
3 (3) The summary report shall contain a paragraph signed by the school board office
4 candidate certifying that all receipts and all expenditures have been reported as of December 31
5 of the last regular general election year and that there are no bills or obligations outstanding and
6 unpaid except as set forth in that report.
7 (4) school board office candidates reporting under this section need only report receipts
8 received and expenditures made after May 5, 1997.
9 Section 34. Section 20A-11-1303 is enacted to read:
10 20A-11-1303. School board office candidate -- Financial reporting requirements --
11 Interim reports.
12 (1) Each school board office candidate shall file an interim report at the following times
13 in any year in which the candidate has filed a declaration of candidacy for a public office:
14 (a) seven days before the regular primary election date, if the candidate is on the ballot in
15 the primary election;
16 (b) September 15, unless the candidate is unopposed; and
17 (c) seven days before the regular general election date.
18 (2) Each interim report shall include the following information:
19 (a) the net balance of the last summary report, if any;
20 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
21 if any, during the calendar year in which the interim report is due;
22 (c) a single figure equal to the total amount of expenditures reported on all prior interim
23 reports, if any, filed during the calendar year in which the interim report is due;
24 (d) a detailed listing of each contribution and public service assistance received since the
25 last summary report that has not been reported in detail on a prior interim report;
26 (e) for each nonmonetary contribution, the fair market value of the contribution;
27 (f) a detailed listing of each expenditure made since the last summary report that has not
28 been reported in detail on a prior interim report;
29 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
30 (h) a net balance for the year consisting of the net balance from the last summary report,
31 if any, plus all receipts since the last summary report minus all expenditures since the last
1 summary report; and
2 (i) a summary page in the form required by the lieutenant governor that identifies:
3 (i) beginning balance;
4 (ii) total contributions during the period since the last statement;
5 (iii) total contributions to date;
6 (iv) total expenditures during the period since the last statement; and
7 (v) total expenditures to date.
8 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
9 aggregate figure may be reported without separate detailed listings.
10 (b) Two or more contributions from the same source that have an aggregate total of more
11 than $50 may not be reported in the aggregate, but shall be reported separately.
12 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
13 three days before the required filing date of the report.
14 (5) school board office candidates reporting under this section need only report
15 contributions received and expenditures made after May 5, 1997.
16 Section 35. Section 20A-11-1304 is enacted to read:
17 20A-11-1304. School board office candidate -- Financial reporting requirements --
18 Termination of duty to report.
19 (1) Each school board candidate is subject to interim reporting requirements until the
20 candidate withdraws or is eliminated in a primary.
21 (2) Each school board office candidate is subject to year-end summary reporting
22 requirements until the candidate has filed a statement of dissolution with the lieutenant governor
23 stating that:
24 (a) the school board office candidate is no longer receiving contributions and is no longer
25 making expenditures;
26 (b) the ending balance on the last summary report filed is zero and the balance in the
27 separate bank account required in Section 20A-11-1301 is zero; and
28 (c) a final summary report in the form required by Section 20A-11-1302 showing a zero
29 balance is attached to the statement of dissolution.
30 (3) A statement of dissolution and a final summary report may be filed at any time.
31 (4) Each school board office candidate shall continue to file the year-end summary report
1 required by Section 20A-11-1302 until the statement of dissolution and final summary report
2 required by this section are filed with the lieutenant governor.
3 Section 36. Section 20A-11-1305 is enacted to read:
4 20A-11-1305. School board office candidate -- Failure to file statement -- Name not
5 printed on ballot -- Filling vacancy.
6 (1) If a school board office candidate fails to file the financial statements required by this
7 part the election officer:
8 (a) shall remove the name of the candidate by blacking out the candidate's name before
9 the ballots are delivered to voters; and
10 (b) may not count any votes for that candidate.
11 (2) Any school board office candidate who fails to file timely a financial statement
12 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
13 Section 20A-1-501.
14 Section 37. Section 20A-11-1306 is enacted to read:
15 20A-11-1306. School board office candidate -- Criminal penalties.
16 (1) (a) Each school board office candidate that violates this part is guilty of a class A
17 misdemeanor.
18 (b) Each violation of this part is a separate offense.
19 (c) When it appears that an individual or group of individuals has violated this part, the
20 person who directed the violation shall be charged with the violation.
21 (2) Each person who aids, abets, or advises a violation of any provision of this part is
22 guilty of a class B misdemeanor.
23 (3) (a) It is unlawful for a person elected to a school board office to:
24 (i) enter upon the duties of the office until the school board office candidate has filed the
25 required financial statements; and
26 (ii) accept any salary or fees for the period before the filing of the statement.
27 (b) Any person who violates this section is guilty of a class B misdemeanor.
28 Section 38. Repealer.
29 This act repeals:
30 Section 20A-11-902, Restrictions on newspaper and other publications.
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