Fifth Substitute S.B. 81

1

ELECTION LAW - CAMPAIGN FINANCE
2 REPORTING REQUIREMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Buhler
6 AN ACT RELATING TO ELECTION LAW; MODIFYING DEFINITIONS; MODIFYING
7 CAMPAIGN CONTRIBUTION AND REPORTING REQUIREMENTS; 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-9-201, as last amended by Chapter 258, Laws of Utah 1996
15 20A-11-101, as last amended by Chapter 152, Laws of Utah 1995
16 20A-11-201, as enacted by Chapter 1, Laws of Utah 1995
17 20A-11-202, as enacted by Chapter 1, Laws of Utah 1995
18 20A-11-203, as last amended by Chapter 152, Laws of Utah 1995
19 20A-11-204, as last amended by Chapter 152, Laws of Utah 1995
20 20A-11-205, as enacted by Chapter 1, Laws of Utah 1995
21 20A-11-206, 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-11-401, as last amended by Chapter 152, Laws of Utah 1995

1 20A-11-402, as enacted by Chapter 1, Laws of Utah 1995
2 20A-11-506, as last amended by Chapter 152, Laws of Utah 1995
3 20A-11-507, as last amended by Chapter 152, Laws of Utah 1995
4 20A-11-602, as last amended by Chapter 152, Laws of Utah 1995
5 20A-11-701, as enacted by Chapter 1, Laws of Utah 1995
6 20A-11-702, as enacted by Chapter 1, Laws of Utah 1995
7 20A-11-801, as enacted by Chapter 1, Laws of Utah 1995
8 20A-11-802, as last amended by Chapter 152, Laws of Utah 1995
9 20A-11-1001, as enacted by Chapter 1, Laws of Utah 1995
10 20A-11-1002, as enacted by Chapter 1, Laws of Utah 1995
11 ENACTS:
12 20A-11-103, Utah Code Annotated 1953
13 20A-11-505.5, Utah Code Annotated 1953
14 20A-11-603, Utah Code Annotated 1953
15 20A-11-703, Utah Code Annotated 1953
16 20A-11-803, Utah Code Annotated 1953
17 20A-11-1301, Utah Code Annotated 1953
18 20A-11-1302, Utah Code Annotated 1953
19 20A-11-1303, Utah Code Annotated 1953
20 20A-11-1304, Utah Code Annotated 1953
21 20A-11-1305, Utah Code Annotated 1953
22 REPEALS AND REENACTS:
23 20A-11-403, as enacted by Chapter 1, Laws of Utah 1995
24 20A-11-508, as enacted by Chapter 1, Laws of Utah 1995
25 REPEALS:
26 20A-11-207, as enacted by Chapter 1, Laws of Utah 1995
27 20A-11-306, as enacted by Chapter 1, Laws of Utah 1995
28 20A-11-902, as enacted by Chapter 1, Laws of Utah 1995
29 20A-11-1003, as enacted by Chapter 1, Laws of Utah 1995
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 20A-9-201 is amended to read:

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1 20A-9-201. Declarations of candidacy -- Candidacy for more than one office
2 prohibited -- General filing and form requirements.
3 (1) Before filing a declaration of candidacy for election to any office, a person shall:
4 (a) be a United States citizen; and
5 (b) meet the legal requirements of that office.
6 (2) A person may not file for, or be a candidate for, more than one elective office during
7 any election year.
8 (3) If the final date established for filing a declaration of candidacy is a Saturday or
9 Sunday, the filing time shall be extended until 5 p.m. on the following Monday.
10 (4) (a) (i) Before the filing officer may accept any declaration of candidacy, the filing
11 officer shall:
12 (A) read to the prospective candidate the constitutional and statutory qualification
13 requirements for the office that the candidate is seeking; and
14 (B) require the candidate to state whether or not the candidate meets those requirements.
15 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
16 county clerk shall ensure that the person filing that declaration of candidacy is:
17 (A) a United States citizen;
18 (B) an attorney licensed to practice law in Utah who is an active member in good standing
19 of the Utah State Bar;
20 (C) a registered voter in the county in which he is seeking office; and
21 (D) a current resident of the county in which he is seeking office and has been a resident
22 of that county for at least one year.
23 (b) If the prospective candidate states that he does not meet the qualification requirements
24 for the office, the filing officer may not accept the prospective candidate's declaration of
25 candidacy.
26 (c) If the candidate states that he meets the requirements of candidacy, the filing officer
27 shall:
28 (i) accept the candidate's declaration of candidacy; and
29 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
30 declaration of candidacy to the chair of the county or state political party of which the candidate
31 is a member.

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1 (5) The form of the declaration of candidacy shall be substantially as follows:
2 "State of Utah, County of ____
3 I, ______________, declare my intention of becoming a candidate for the office of ____
4 as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office, both
5 legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____,
6 Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
7 and elections; and I will qualify for the office if elected to it. The mailing address that I designate
8 for receiving official election notices is _____________________________________.
9 ____________________________________________________________________
10 Subscribed and sworn before me this ____ day of ____, 19__.
11

_________________________________________________

12

Notary Public (or other officer qualified to administer oath.)"

13 (6) (a) The fee for filing a declaration of candidacy is:
14 (i) $25 for candidates for the local school district board; and
15 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
16 holding the office, but not less than $5, for all other federal, state, and county offices.
17 (b) The filing officer shall refund the filing fee to any candidate:
18 (i) who is disqualified; or
19 (ii) who the filing officer determines has filed improperly.
20 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
21 from candidates.
22 (ii) The lieutenant governor shall:
23 (A) apportion to and pay to the county treasurers of the various counties all fees received
24 for filing of nomination certificates or acceptances; and
25 (B) ensure that each county receives that proportion of the total amount paid to the
26 lieutenant governor from the congressional district that the total vote of that county for all
27 candidates for representative in Congress bears to the total vote of all counties within the
28 congressional district for all candidates for representative in Congress.
29 (d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
30 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
31 impecuniosity filed with the filing officer.

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1 (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
2 substantially the following form:
3 "Affidavit of Impecuniosity
4 Individual Name ____________________________Address_____________________________
5 Phone Number _________________
6 I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
7 I am unable to pay the filing fee required by law.
8 Date ______________ Signature________________________________________________
9 Affiant
10 Subscribed and sworn to before me on ___________(date)
11

______________________

12

(signature)

13 Name and Title of Officer Authorized to Administer Oath:"
14 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
15 within the time provided in this chapter is ineligible for nomination to office.
16 Section 2. Section 20A-11-101 is amended to read:
17 20A-11-101. Definitions.
18 As used in this chapter:
19 (1) "Address" means the number and street where an individual resides or where a
20 reporting entity has its principal office.
21 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
22 amendments, and any other ballot propositions submitted to the voters that are authorized by the
23 Utah Code Annotated 1953.
24 (3) "Candidate" means any person who:
25 (a) files a declaration of candidacy for a public office; or
26 (b) receives contributions, makes expenditures, or gives consent for any other person to
27 receive contributions or make expenditures to bring about the person's nomination or election to
28 a public office.
29 (4) "Chief election officer" means:
30 (a) the lieutenant governor for state office candidates, legislative office candidates,
31 officeholders, political parties, political action committees, corporations, political issues

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

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

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1 entity for political purposes at less than fair market value.
2 (b) "Expenditure" does not include:
3 (i) services provided without compensation by individuals volunteering a portion or all of
4 their time on behalf of a reporting entity;
5 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
6 business; or
7 (iii) anything listed in Subsection (5)(a) that is given by a corporation or reporting entity
8 to candidates for office or officeholders in states other than Utah.
9 [(10)] (11) "Filing entity" means the reporting entity that is filing a report required by this
10 chapter.
11 [(11)] (12) "Financial statement" includes any summary report, interim report, or other
12 statement disclosing contributions, expenditures, receipts, donations, or disbursements that is
13 required by this chapter.
14 [(12)] (13) "Governing board" means the individual or group of individuals that determine
15 the candidates and committees that will receive expenditures from a political action committee.
16 [(13)] (14) "Individual" means a natural person.
17 [(14)] (15) "Interim report" means a report identifying the contributions received and
18 expenditures made since the last report.
19 [(15)] (16) "Legislative office" means the office of state senator, state representative,
20 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
21 assistant whip of any party caucus in either house of the Legislature.
22 [(16)] (17) "Legislative office candidate" means a person who:
23 (a) files a declaration of candidacy for the office of state senator or state representative;
24 (b) declares himself to be a candidate for, or actively campaigns for, the position of
25 speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant
26 whip of any party caucus in either house of the Legislature; and
27 (c) receives contributions, makes expenditures, or gives consent for any other person to
28 receive contributions or make expenditures to bring about the person's nomination or election to
29 a legislative office.
30 [(17) "Media owner" means each candidate and each member of any personal campaign
31 or party committee who, either in his own name or in the name of any other person, owns any

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1 financial interest in any newspaper or other periodical circulating in Utah.]
2 (18) "Newly registered political party" means an organization of voters that has complied
3 with the petition and organizing procedures of this chapter to become a registered political party.
4 (19) "Officeholder" means a person who holds a public office.
5 (20) "Party committee" means any committee [of a registered political party and any
6 committee] organized by or authorized by the governing board of a registered political party.
7 (21) "Person" means both natural and legal persons, including individuals, business
8 organizations, personal campaign committees, party committees, political action committees,
9 political issues committees, labor unions, and labor organizations.
10 (22) "Personal campaign committee" means the committee appointed by a candidate to
11 act for the candidate as provided in this chapter.
12 (23) (a) "Political action committee" means an entity, or any group of individuals or
13 entities within or outside this state, that solicits or receives contributions from any other person,
14 group, or entity or makes expenditures for political purposes. A group or entity may not divide
15 or separate into units, sections, or smaller groups for the purpose of avoiding the financial
16 reporting requirements of this chapter, and substance shall prevail over form in determining the
17 scope or size of a political action committee.
18 (b) "Political action committee" includes groups affiliated with a registered political party
19 but not authorized or organized by the governing board of the registered political party that receive
20 contributions or makes expenditures for political purposes.
21 [(b)] (c) "Political action committee" does not mean:
22 (i) a party committee;
23 (ii) any entity that provides goods or services to a candidate 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;
28 (v) a corporation; or
29 (vi) a personal campaign committee.
30 (24) "Political convention" means a county or state political convention held by a
31 registered political party to select candidates.

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

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

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1 (i) anything provided by the state;
2 (ii) services provided without compensation by individuals volunteering a portion or all
3 of their time on behalf of an officeholder;
4 (iii) money lent to an officeholder by a financial institution in the ordinary course of
5 business;
6 (iv) news coverage or any publication by the news media; or
7 (v) any article, story, or other coverage as part of any regular publication of any
8 organization unless substantially all the publication is devoted to information about the
9 officeholder.
10 (32) "Publicly identified class of individuals" means a group of 50 or more individuals
11 sharing a common occupation, interest, or association that contribute to a political action
12 committee or political issues committee and whose names can be obtained by contacting the
13 political action committee or political issues committee upon whose financial report they are listed.
14 (33) "Receipts" means contributions and public service assistance.
15 (34) "Registered lobbyist" means a person registered under Title 36, Chapter 11, Lobbyist
16 Disclosure and Regulation Act.
17 (35) "Registered political action committee" means any political action committee that is
18 required by this chapter to file a statement of organization with the lieutenant governor's office.
19 (36) "Registered political issues committee" means any political issues committee that is
20 required by this chapter to file a statement of organization with the lieutenant governor's office.
21 (37) "Registered political party" means an organization of voters that:
22 (a) participated in the last regular general election and polled a total vote equal to 2% or
23 more of the total votes cast for all candidates for the United States House of Representatives for
24 any of its candidates for any office; or
25 (b) has complied with the petition and organizing procedures of this chapter.
26 (38) "Report" means a verified financial statement.
27 (39) "Reporting entity" means a candidate, a candidate's personal campaign committee,
28 an officeholder, and a party committee, a political action committee, and a political issues
29 committee.
30 (40) "School board office" means the office of state school board or local school board.
31 [(40)] (41) "State office" means the offices of governor, lieutenant governor, attorney

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1 general, state auditor, and state treasurer.
2 [(41)] (42) "State office candidate" means a person who:
3 (a) files a declaration of candidacy for a state office; or
4 (b) 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 state office.
7 [(42)] (43) "Summary report" means the year end report containing the summary of a
8 reporting entity's contributions and expenditures.
9 [(43)] (44) "Supervisory board" means the individual or group of individuals that allocate
10 expenditures from a political issues committee.
11 Section 3. Section 20A-11-103 is enacted to read:
12 20A-11-103. Reports -- Form of submission.
13 (1) (a) (i) Ten days before a report from a state office candidate, legislative office
14 candidate, state school board candidate, political party, political action committee, or political
15 issues committee is due under this chapter, the lieutenant governor shall inform those candidates
16 and entities by mail:
17 (A) that the report is due; and
18 (B) the date that the report is due.
19 (ii) In addition to the information required by Subsection (1)(a)(i) and in the same mailing,
20 ten days before the interim reports for candidates are due, the lieutenant governor shall inform the
21 candidate that if the report is not received in the lieutenant governor's office by 5 p.m. on the date
22 that it is due, voters will be informed that the candidate has been disqualified and any votes cast
23 for the candidate will not be counted.
24 (iii) In addition to the information required by Subsection (1)(a)(i) and in the same
25 mailing, ten days before the interim reports or verified financial statements for entities that are due
26 September 15 and before the regular general election are due, and ten days before summary reports
27 or January 5 financial statements are due, the lieutenant governor shall inform the entity,
28 candidate, or officeholder that if the report is not received in the lieutenant governor's office by
29 the date that it is due, the entity, candidate, or officeholder may be guilty of a class B misdemeanor
30 for failing to file the report or statement.
31 (b) Ten days before a report from a local school board candidate is due under this chapter,

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1 the county clerk shall inform the candidate by mail:
2 (i) that the report is due;
3 (ii) the date that the report is due; and
4 (iii) if the report is not received in the county clerk's office by 5 p.m. on the date that it is
5 due, voters will be informed that the candidate has been disqualified and any votes cast for the
6 candidate will not be counted.
7 (2) Persons or entities submitting reports required by this chapter may submit them:
8 (a) on paper, printed, typed, or legibly handwritten or hand printed;
9 (b) on a computer disk according to specifications established by the chief election officer
10 and, accompanied by a statement signed by the person or entity submitting the report certifying
11 the accuracy of the information contained on the computer disk;
12 (c) via fax; or
13 (d) via electronic mail according to specifications established by the chief election officer.
14 (3) A report is considered filed if:
15 (a) it is received in the chief election officer's office no later than 5:00 p.m. on the date
16 that it is due;
17 (b) it is received in the chief election officer's office with a postmark three days or more
18 before the date that the report was due; or
19 (c) the candidate or entity has proof that the report was mailed, with appropriate postage
20 and addressing three days before the report was due.
21 Section 4. Section 20A-11-201 is amended to read:
22 20A-11-201. State office candidate -- Separate bank account for campaign funds.
23 (1) (a) Each state office candidate or the candidate's personal campaign committee shall
24 deposit each contribution and public service assistance received in one or more separate campaign
25 accounts in a financial institution.
26 (b) The state office candidate or the candidate's personal campaign committee may use the
27 monies in those accounts only for political purposes.
28 (2) A state office candidate or the candidate's personal campaign committee may not
29 deposit or mingle any contributions received into a personal or business account.
30 (3) If a person who is no longer a state office candidate chooses not to expend the monies
31 remaining in his campaign account, the person shall continue to file the year-end summary report

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1 required by Section 20A-11-203 until the statement of dissolution and final summary report
2 required by Section 20A-11-205 are filed with the lieutenant governor.
3 Section 5. Section 20A-11-202 is amended to read:
4 20A-11-202. State office candidate -- Personal campaign committee required.
5 (1) (a) (i) Each state office candidate shall select no more than one personal campaign
6 committee, consisting of one or more persons, to receive contributions, make expenditures, and
7 file reports connected with the candidate's campaign.
8 (ii) A state office candidate may serve as his own campaign committee.
9 (b) Except for [travel] expenses [and mailings] made by a registered political party, to
10 benefit a party's candidates generally, a state office candidate or other person acting in concert with
11 or with the knowledge of the state office candidate may not receive any contributions or make any
12 expenditures on behalf of a state office candidate other than through a personal campaign
13 committee established under this section.
14 (2) (a) The state office candidate shall file a written statement signed by the [committee's
15 secretary] candidate or authorized member of the candidate's personal campaign committee with
16 the lieutenant governor that:
17 (i) informs the lieutenant governor that the state office candidate's personal campaign
18 committee has been selected; and
19 (ii) provides the name and address of each member and the secretary of the committee.
20 (b) A state office candidate or the candidate's personal campaign committee may not
21 [receive any contributions or] make any expenditures on behalf of the candidate until the statement
22 has been filed.
23 (c) A state office candidate may revoke the selection of any member of the campaign
24 committee by:
25 (i) revoking that person's appointment or election in writing;
26 (ii) personally serving the written revocation on the member whose selection is revoked;
27 and
28 (iii) filing a copy of the written revocation with the lieutenant governor.
29 (d) (i) The state office candidate may select a replacement to fill any vacancy on the
30 campaign committee.
31 (ii) The state office candidate shall file that replacement's name and address with the

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1 lieutenant governor.
2 (3) A member of a state office candidate's personal campaign committee may not make
3 an expenditure of more than $1,000 unless the state office candidate or the secretary of the
4 personal campaign committee authorizes the expenditure in writing.
5 (4) A state office candidate or the candidate's personal campaign committee may not make
6 any expenditures prohibited by law.
7 Section 6. Section 20A-11-203 is amended to read:
8 20A-11-203. State office candidate -- Financial reporting requirements -- Year-end
9 summary report.
10 (1) Each state office candidate shall file a summary report by [December 31 of each
11 regular] January 5 of the year after the regular general election year.
12 (2) (a) Each summary report shall include the following information as of December 31
13 of the last regular general election year:
14 (i) the net balance of the last summary report, if any;
15 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
16 any[, during the calendar year in which the summary report is due];
17 (iii) a single figure equal to the total amount of expenditures reported on all interim
18 reports, if any, filed during the [calendar] election year [in which the summary report is due];
19 (iv) 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 an interim report;
21 (v) for each nonmonetary contribution, the fair market value of the contribution;
22 (vi) a detailed listing of each expenditure made since the last summary report that has not
23 been reported in detail on an interim report;
24 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
25 (viii) a net balance for the year consisting of the net balance from the last summary report,
26 if any, plus all receipts minus all expenditures.
27 (b) (i) For all [individual] single contributions or public service assistance of $50 or less,
28 a single 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 (c) In preparing the report, all receipts and expenditures shall be reported as of [three days

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1 before the required filing date of the report] December 31 of the last regular general election year.
2 (3) The summary report shall contain a paragraph signed by [the secretary] an authorized
3 member of the state office candidate's personal campaign committee or by the state office
4 candidate certifying that, to the best of the signer's knowledge, all receipts and all expenditures
5 have been reported as of [three days before the required filing date] December 31 of the last
6 regular general election year and that there are no bills or obligations outstanding and unpaid
7 except as set forth in that report.
8 [(4) (a) The report shall be filed with the lieutenant governor's office by the date
9 indicated.]
10 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
11 with proper postage affixed, and postmarked by the dates indicated.]
12 [(5)] (4) State office candidates reporting under this section need only report receipts
13 received and expenditures made after April 29, 1991.
14 Section 7. Section 20A-11-204 is amended to read:
15 20A-11-204. State office candidate -- Financial reporting requirements -- Interim
16 reports.
17 (1) Each state office candidate shall file an interim report at the following times in any
18 year in which the candidate has filed a declaration of candidacy for a public office:
19 (a) [(i)] seven days before any political convention if more than one individual in the
20 candidate's same party has filed a declaration of candidacy for the particular public office that the
21 candidate seeks; [or]
22 [(ii) the tenth day of July if no report is required under Subsection (i);]
23 (b) seven days before the regular primary election date; [and]
24 (c) September 15; and
25 [(c)] (d) seven days before the regular general election date.
26 (2) Each interim report shall include the following information:
27 (a) the net balance of the last summary report, if any;
28 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
29 if any, during the calendar year in which the interim report is due;
30 (c) a single figure equal to the total amount of expenditures reported on all prior interim
31 reports, if any, filed during the calendar year in which the interim report is due;

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1 (d) a detailed listing of each contribution and public service assistance received since the
2 last summary report that has not been reported in detail on a prior interim report;
3 (e) for each nonmonetary contribution, the fair market value of the contribution;
4 (f) a detailed listing of each expenditure made since the last summary report that has not
5 been reported in detail on a prior interim report;
6 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
7 (h) a net balance for the year consisting of the net balance from the last summary report,
8 if any, plus all receipts since the last summary report minus all expenditures since the last
9 summary report; and
10 (i) a summary page in the form required by the lieutenant governor that identifies:
11 (A) beginning balance;
12 (B) total contributions during the period since the last statement;
13 (C) total contributions to date;
14 (D) total expenditures during the period since the last statement; and
15 (E) total expenditures to date.
16 (3) (a) 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 (b) 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 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
21 three days before the required filing date of the report.
22 [(5) (a) Each report shall be filed with the lieutenant governor's office by the dates
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 [(6)] (5) State office candidates reporting under this section need only report contributions
27 received and expenditures made after April 29, 1991.
28 Section 8. Section 20A-11-205 is amended to read:
29 20A-11-205. State office candidate -- Financial reporting requirements --
30 Termination of duty to report.
31 (1) Each state office candidate and the candidate's personal campaign committee is active

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1 and subject to interim reporting requirements until the candidate withdraws or is eliminated in a
2 convention or primary.
3 [(1)] (2) Each state office candidate and the candidate's personal campaign committee is
4 active and subject to year-end summary reporting requirements until the candidate has filed a
5 statement of dissolution with the lieutenant governor stating that:
6 (a) the state office candidate or the personal campaign committee is no longer receiving
7 contributions and is no longer making expenditures;
8 (b) the ending balance on the last summary report filed is zero and the balance in the
9 separate bank account required in Section 20A-11-201 is zero; and
10 (c) a final summary report in the form required by Section 20A-11-203 showing a zero
11 balance is attached to the statement of dissolution.
12 [(2)] (3) A statement of dissolution and a final summary report may be filed at any time.
13 (4) Each state office candidate and the candidate's personal campaign committee shall
14 continue to file the year-end summary report required by Section 20A-11-203 until the statement
15 of dissolution and final summary report required by this section are filed with the lieutenant
16 governor.
17 Section 9. Section 20A-11-206 is amended to read:
18 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
19 (1) (a) [The lieutenant governor and county clerk may not allow the name of] If a state
20 office candidate [to be printed on the official ballot for an election unless the candidate has filed
21 the financial statements required by this part] fails to file an interim report due before the regular
22 primary election, September 15, or before the regular general election, the lieutenant governor
23 shall, after making a reasonable attempt to discover if the report was timely mailed, inform the
24 county clerk and other appropriate election officials who:
25 (i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
26 name before the ballots are delivered to voters; or
27 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
28 voters by any practicable method that the candidate has been disqualified and that votes cast for
29 candidate will not be counted; and
30 (iii) may not count any votes for that candidate.
31 [(2)] (b) Any state office candidate who fails to file timely a financial statement required

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1 by this part is disqualified and the vacancy on the ballot may be filled as provided in Section
2 20A-1-501.
3 (c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
4 disqualified if the candidate, in good faith:
5 (i) files the reports required by this section on time even if an error or inaccuracy in the
6 report requires the state office candidate to file an amended report after the deadline; and
7 (ii) the error is corrected in an amended report or in the next scheduled report.
8 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
9 governor shall review each filed summary report to ensure that:
10 (i) each state office candidate that is required to file a summary report has filed one; and
11 (ii) each summary report contains the information required by this part.
12 (b) If it appears that any state office candidate has failed to file the summary report
13 required by law, if it appears that a filed summary report does not conform to the law, or if the
14 lieutenant governor has received a written complaint alleging a violation of the law or the falsity
15 of any summary report, the lieutenant governor shall, within five days of discovery of a violation
16 or receipt of a written complaint, notify the state office candidate of the violation or written
17 complaint and direct the state office candidate to file a summary report correcting the problem.
18 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary report
19 within 14 days after receiving notice from the lieutenant governor under this section.
20 (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
21 misdemeanor.
22 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
23 attorney general.
24 Section 10. Section 20A-11-301 is amended to read:
25 20A-11-301. Legislative office candidate -- Campaign requirements.
26 (1) Each legislative office candidate shall deposit each contribution and public service
27 assistance received in one or more separate accounts in a financial institution that are dedicated
28 only to that purpose.
29 (2) A legislative office candidate may not deposit or mingle any contributions or public
30 service assistance received into a personal or business account.
31 (3) A legislative office candidate may not make any political expenditures prohibited by

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1 law.
2 (4) If a person who is no longer a legislative candidate chooses not to expend the monies
3 remaining in his campaign account, the person shall continue to file the year-end summary report
4 required by Section 20A-11-302 until the statement of dissolution and final summary report
5 required by Section 20A-11-304 are filed with the lieutenant governor.
6 Section 11. Section 20A-11-302 is amended to read:
7 20A-11-302. Legislative office candidate -- Financial reporting requirements --
8 Year-end summary report.
9 (1) Each legislative office candidate shall file a summary report by [December 31 of each]
10 January 5 of the year after the regular general election year.
11 (2) (a) Each summary report shall include the following information as of December 31
12 of the last regular general election year:
13 (i) the net balance of the last summary report, if any;
14 (ii) a single figure equal to the total amount of receipts reported on all interim reports, if
15 any, during the calendar year in which the summary report is due;
16 (iii) a single figure equal to the total amount of expenditures reported on all interim
17 reports, if any, filed during the [calendar] election year [in which the summary report is due];
18 (iv) a detailed listing of each receipt, contribution, and public service assistance since the
19 last summary report that has not been reported in detail on an interim report;
20 (v) for each nonmonetary contribution, the fair market value of the contribution;
21 (vi) a detailed listing of each expenditure made since the last summary report that has not
22 been reported in detail on an interim report;
23 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
24 (viii) a net balance for the year consisting of the net balance from the last summary report,
25 if any, plus all receipts minus all expenditures.
26 (b) (i) For all individual contributions or public service assistance of $50 or less, a single
27 aggregate figure may be reported without separate detailed listings.
28 (ii) Two or more contributions from the same source that have an aggregate total of more
29 than $50 may not be reported in the aggregate, but shall be reported separately.
30 (c) In preparing the report, all receipts and expenditures shall be reported as of [three days
31 before the required filing date of the report] December 31 of the last regular general election year.

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1 (3) The summary report shall contain a paragraph signed by the legislative office candidate
2 certifying that to the best of the candidate's knowledge, all receipts and all expenditures have been
3 reported as of [three days before the required filing date] December 31 of the last regular general
4 election year and that there are no bills or obligations outstanding and unpaid except as set forth
5 in that report.
6 [(4) (a) The report shall be filed with the lieutenant governor's office by the date
7 indicated.]
8 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
9 with proper postage affixed, and postmarked by the dates indicated.]
10 [(5)] (4) Legislative office candidates reporting under this section need only report receipts
11 received and expenditures made after April 29, 1991.
12 Section 12. Section 20A-11-303 is amended to read:
13 20A-11-303. Legislative office candidate -- Financial reporting requirements --
14 Interim reports.
15 (1) Each legislative office candidate shall file an interim report at the following times in
16 any year in which the candidate has filed a declaration of candidacy for a public office:
17 (a) seven days before any political convention if more than one individual in the
18 candidate's same party has filed a declaration of candidacy for the particular public office that the
19 candidate seeks;
20 (b) seven days before the regular primary election date, if the candidate is on the ballot in
21 the primary election; [and]
22 (c) September 15, unless the candidate is unopposed; and
23 [(c)] (d) seven days before the regular general election date.
24 (2) Each interim report shall include the following information:
25 (a) the net balance of the last summary report, if any;
26 (b) a single figure equal to the total amount of receipts reported on all prior interim reports,
27 if any, during the calendar year in which the interim report is due;
28 (c) a single figure equal to the total amount of expenditures reported on all prior interim
29 reports, if any, filed during the calendar year in which the interim report is due;
30 (d) a detailed listing of each contribution and public service assistance received since the
31 last summary report that has not been reported in detail on a prior interim report;

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1 (e) for each nonmonetary contribution, the fair market value of the contribution;
2 (f) a detailed listing of each expenditure made since the last summary report that has not
3 been reported in detail on a prior interim report;
4 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
5 (h) a net balance for the year consisting of the net balance from the last summary report,
6 if any, plus all receipts since the last summary report minus all expenditures since the last
7 summary report; and
8 (i) a summary page in the form required by the lieutenant governor that identifies:
9 (i) beginning balance;
10 (ii) total contributions during the period since the last statement;
11 (iii) total contributions to date;
12 (iv) total expenditures during the period since the last statement; and
13 (v) total expenditures to date.
14 (3) (a) For all individual contributions or public service assistance of $50 or less, a single
15 aggregate figure may be reported without separate detailed listings.
16 (b) Two or more contributions from the same source that have an aggregate total of more
17 than $50 may not be reported in the aggregate, but shall be reported separately.
18 (4) In preparing each interim report, all receipts and expenditures shall be reported as of
19 three days before the required filing date of the report.
20 [(5) (a) Each report shall be filed with the lieutenant governor's office by the dates
21 indicated.]
22 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
23 with proper postage affixed, and postmarked by the dates indicated.]
24 [(6)] (5) Legislative office candidates reporting under this section need only report
25 contributions received and expenditures made after April 29, 1991.
26 Section 13. Section 20A-11-304 is amended to read:
27 20A-11-304. Legislative office candidate -- Financial reporting requirements --
28 Termination of duty to report.
29 (1) Each legislative candidate is subject to interim reporting requirements until the
30 candidate withdraws or is eliminated in a convention or primary.
31 [(1)] (2) Each legislative office candidate is subject to year-end summary reporting

- 23 -

1 requirements until the candidate has filed a statement of dissolution with the lieutenant governor
2 stating that:
3 (a) the legislative office candidate is no longer receiving contributions and is no longer
4 making expenditures;
5 (b) the ending balance on the last summary report filed is zero and the balance in the
6 separate bank account required in Section 20A-11-301 is zero; and
7 (c) a final summary report in the form required by Section 20A-11-302 showing a zero
8 balance is attached to the statement of dissolution.
9 [(2)] (3) A statement of dissolution and a final summary report may be filed at any time.
10 (4) Each legislative office candidate shall continue to file the year-end summary report
11 required by Section 20A-11-302 until the statement of dissolution and final summary report
12 required by this section are filed with the lieutenant governor.
13 Section 14. Section 20A-11-305 is amended to read:
14 20A-11-305. Legislative office candidate -- Failure to file report -- Name not printed
15 on ballot -- Filling vacancy.
16 (1) (a) [The lieutenant governor and county clerk may not allow the name of] If a
17 legislative office candidate [to be printed on the official ballot for a regular primary or regular
18 general election unless the candidate has filed the financial statements required by this part] fails
19 to file an interim report due before the regular primary election, September 15, or before the
20 regular general election, the lieutenant governor shall, after making a reasonable attempt to
21 discover if the report was timely mailed, inform the county clerk and other appropriate election
22 officials who:
23 (i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
24 name before the ballots are delivered to voters; or
25 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
26 voters by any practicable method that the candidate has been disqualified and that votes cast for
27 candidate will not be counted; and
28 (iii) may not count any votes for that candidate.
29 [(2)] (b) Any legislative office candidate who fails to file timely a financial statement
30 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
31 Section 20A-1-501.

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1 (c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
2 disqualified if the candidate, in good faith:
3 (i) files the reports required by this section on time even if an error or inaccuracy in the
4 report requires the legislative office candidate to file an amended report after the deadline; and
5 (ii) the error is corrected in an amended report or in the next scheduled report.
6 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
7 governor shall review each filed summary report to ensure that:
8 (i) each legislative office candidate that is required to file a summary report has filed one;
9 and
10 (ii) each summary report contains the information required by this part.
11 (b) If it appears that any legislative office candidate has failed to file the summary report
12 required by law, if it appears that a filed summary report does not conform to the law, or if the
13 lieutenant governor has received a written complaint alleging a violation of the law or the falsity
14 of any summary report, the lieutenant governor shall, within five days of discovery of a violation
15 or receipt of a written complaint, notify the legislative office candidate of the violation or written
16 complaint and direct the legislative office candidate to file a summary report correcting the
17 problem.
18 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a summary
19 report within 14 days after receiving notice from the lieutenant governor under this section.
20 (ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a class
21 B misdemeanor.
22 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
23 attorney general.
24 Section 15. Section 20A-11-401 is amended to read:
25 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
26 report.
27 (1) Each officeholder shall file a summary report by [December 31 of each] January 5 of
28 the year after the regular general election year.
29 (2) (a) Each summary report shall include the following information as of December 31
30 of the last regular general election year:
31 (i) the net balance of the last summary report, if any;

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1 (ii) a detailed listing of each contribution and public service assistance received since the
2 last summary report;
3 (iii) for each nonmonetary contribution, the fair market value of the contribution;
4 (iv) a detailed listing of each expenditure made since the last summary report;
5 (v) for each nonmonetary expenditure, the fair market value of the expenditure; and
6 (vi) a net balance for the year consisting of the net balance from the last summary report
7 plus all receipts minus all expenditures.
8 (b) (i) 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 (ii) 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 (c) In preparing the report, all receipts and expenditures shall be reported as of [three days
13 before the required filing date of the report] December 31 of the last regular general election year.
14 (3) The summary report shall contain a paragraph signed by the officeholder certifying
15 that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
16 reported as of [three days before the required filing date] December 31 of the last regular general
17 election year and that there are no bills or obligations outstanding and unpaid except as set forth
18 in that report.
19 [(4) (a) Each report shall be filed with the lieutenant governor's office by the dates
20 indicated.]
21 [(b) A report is considered filed if it is placed in the United States mail, properly addressed
22 with proper postage affixed, and postmarked by the dates indicated.]
23 Section 16. Section 20A-11-402 is amended to read:
24 20A-11-402. Officeholder financial reporting requirements -- Termination of duty
25 to report.
26 (1) An officeholder is active and subject to reporting requirements until the officeholder
27 has filed a statement of dissolution with the lieutenant governor stating that:
28 (a) the officeholder is no longer receiving contributions or public service assistance and
29 is no longer making expenditures;
30 (b) the ending balance on the last summary report filed is zero and the balance in the
31 separate bank account required by Sections 20A-11-201 and 20A-11-301 is zero; and

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1 (c) a final summary report in the form required by Section 20A-11-401 showing a zero
2 balance is attached to the statement of dissolution.
3 (2) A statement of dissolution and a final summary report may be filed at any time.
4 (3) Each officeholder shall continue to file the year-end summary report required by
5 Section 20A-11-401 until the statement of dissolution and final summary report required by this
6 section are filed with the lieutenant governor.
7 Section 17. Section 20A-11-403 is repealed and reenacted to read:
8 20A-11-403. Failure to file -- Penalties.
9 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
10 governor shall review each filed summary report to ensure that:
11 (a) each officeholder that is required to file a summary report has filed one; and
12 (b) each summary report contains the information required by this part.
13 (2) If it appears that any officeholder has failed to file the summary report required by law,
14 if it appears that a filed summary report does not conform to the law, or if the lieutenant governor
15 has received a written complaint alleging a violation of the law or the falsity of any summary
16 report, the lieutenant governor shall, within five days of discovery of a violation or receipt of a
17 written complaint, notify the officeholder of the violation or written complaint and direct the
18 officeholder to file a summary report correcting the problem.
19 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report within
20 14 days after receiving notice from the lieutenant governor under this section.
21 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B misdemeanor.
22 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the attorney
23 general.
24 Section 18. Section 20A-11-505.5 is enacted to read:
25 20A-11-505.5. Political party financial reporting requirements -- General
26 requirements.
27 Nothing in this part requires a registered political party to report contributions and
28 expenditures made to benefit federal candidates and filed with the Federal Election Commission.
29 Section 19. Section 20A-11-506 is amended to read:
30 20A-11-506. Political party financial reporting requirements -- Year-end summary
31 report.

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

- 28 -

1 with proper postage affixed, and postmarked by the dates indicated.]
2 Section 20. Section 20A-11-507 is amended to read:
3 20A-11-507. Political party financial reporting requirements -- Interim reports.
4 (1) Each party committee shall file an interim report at the following times in any year in
5 which there is a regular general election:
6 (a) [the tenth day of July] September 15; and
7 [(b) seven days before the primary election; and]
8 [(c)] (b) seven days before the general election.
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 (A) beginning balance;
26 (B) total contributions during the period since the last statement;
27 (C) total contributions to date;
28 (D) total expenditures during the period since the last statement; and
29 (E) 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.

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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 Section 21. Section 20A-11-508 is repealed and reenacted to read:
10 20A-11-508. Political party registration requirements -- Criminal penalties.
11 (1) (a) Each registered political party that fails to file the interim reports due September
12 15 or before the regular general session is guilty of a class B misdemeanor.
13 (b) The lieutenant governor shall report all violations of subsection (1)(a) to the attorney
14 general.
15 (2) Within 30 days after a deadline for the filing of a summary report required by this part,
16 the lieutenant governor shall review each filed report to ensure that:
17 (a) each political party that is required to file a report has filed one; and
18 (b) each report contains the information required by this part.
19 (3) If it appears that any political party has failed to file a report required by law, if it
20 appears that a filed report does not conform to the law, or if the lieutenant governor has received
21 a written complaint alleging a violation of the law or the falsity of any report, the lieutenant
22 governor shall, within five days of discovery of a violation or receipt of a written complaint, notify
23 the political party of the violation or written complaint and direct the political party to file a
24 summary report correcting the problem.
25 (4) (a) It is unlawful for any political party to fail to file or amend a summary report within
26 14 days after receiving notice from the lieutenant governor under this section.
27 (b) Each political party who violates subsection (4)(a) is guilty of a class B misdemeanor.
28 (c) The lieutenant governor shall report all violations of subsection (4)(a) to the attorney
29 general.
30 Section 22. Section 20A-11-602 is amended to read:
31 20A-11-602. Political action committees -- Financial reporting.

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

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1 (ix) a summary page in the form required by the lieutenant governor that identifies:
2 (A) beginning balance;
3 (B) total contributions during the period since the last statement;
4 (C) total contributions to date;
5 (D) total expenditures during the period since the last statement; and
6 (E) total expenditures to date.
7 (b) (i) Contributions received by a political action committee that have a value of $150 or
8 less need not be reported individually, but shall be listed on the report as an aggregate total.
9 (ii) Two or more contributions from the same source that have an aggregate total of more
10 than $150 may not be reported in the aggregate, but shall be reported separately.
11 Section 23. Section 20A-11-603 is enacted to read:
12 20A-11-603. Criminal penalties.
13 (1) (a) Each political action committee that fails to file the statement due September 15
14 or before the regular general session is guilty of a class B misdemeanor.
15 (b) The lieutenant governor shall report all violations of subsection (1)(a) to the attorney
16 general.
17 (2) Within 30 days after a deadline for the filing of the January 5 statement required by
18 this part, the lieutenant governor shall review each filed statement to ensure that:
19 (a) each political action committee that is required to file a statement has filed one; and
20 (b) each statement contains the information required by this part.
21 (3) If it appears that any political action committee has failed to file the January 5
22 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
23 governor has received a written complaint alleging a violation of the law or the falsity of any
24 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt of
25 a written complaint, notify the political action committee of the violation or written complaint and
26 direct the political action committee to file a statement correcting the problem.
27 (4) (a) It is unlawful for any political action committee to fail to file or amend a statement
28 within 14 days after receiving notice from the lieutenant governor under this section.
29 (b) Each political action committee who violates subsection (4)(a) is guilty of a class B
30 misdemeanor.
31 (c) The lieutenant governor shall report all violations of subsection (4)(a) to the attorney

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1 general.
2 Section 24. Section 20A-11-701 is amended to read:
3 20A-11-701. Campaign financial reporting of candidate campaign contributions by
4 corporations -- Filing requirements -- Statement contents.
5 (1) (a) Each corporation that has made expenditures for political purposes that total at least
6 $750 during a calendar year shall file a verified financial statement with the lieutenant governor's
7 office on:
8 (i) January 5, reporting expenditures as of December 31 of [each] the previous year;
9 (ii) [seven days before the primary election] September 15; and
10 (iii) seven days before the regular general election.
11 (b) [All contributions and] The corporation shall report:
12 (i) a detailed listing of all expenditures made since the last statement; and
13 (ii) for financial statements filed on September 15 and before the primary and general
14 elections, all expenditures [shall be reported] as of three days before the required filing date of the
15 [verified] financial statement.
16 (c) The corporation need not file a statement under this section if it made no expenditures
17 during the reporting period.
18 (2) That statement shall include:
19 (a) the name and address of each reporting entity that received an expenditure from the
20 corporation, and the amount of each expenditure;
21 (b) the total amount of expenditures disbursed by the corporation; and
22 (c) a paragraph signed by the corporation's or the political action committee's treasurer or
23 chief financial officer verifying the accuracy of the financial report.
24 Section 25. Section 20A-11-702 is amended to read:
25 20A-11-702. Campaign financial reporting of political issues expenditures by
26 corporations -- Financial reporting.
27 (1) (a) Each corporation that has made political issues expenditures on current or proposed
28 ballot issues that total at least $750 during a calendar year shall file a verified financial statement
29 with the lieutenant governor's office on:
30 (i) January 5, reporting expenditures as of December 31 of [each] the previous year;
31 (ii) [seven days before the primary election] September 15; and

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1 (iii) seven days before the regular general election.
2 (b) [Each political issues expenditure] The corporation shall [be reported] report:
3 (i) a detailed listing of all expenditures made since the last statement; and
4 (ii) for financial statements filed on September 15 and before the primary and general
5 elections, expenditures as of three days before the required filing date of the [verified] financial
6 statement.
7 (c) The corporation need not file a statement under this section if it made no expenditures
8 during the reporting period.
9 (2) That statement shall include:
10 (a) the name and address of each individual, entity, or group of individuals or entities that
11 received a political issues expenditure of more than $50 from the corporation, and the amount of
12 each political issues expenditure;
13 (b) the total amount of political issues expenditures disbursed by the corporation; and
14 (c) a paragraph signed by the corporation's treasurer or chief financial officer verifying the
15 accuracy of the verified financial statement.
16 Section 26. Section 20A-11-703 is enacted to read:
17 20A-11-703. Criminal penalties.
18 (1) Within 30 days after a deadline for the filing of any statement required by this part, the
19 lieutenant governor shall review each filed statement to ensure that:
20 (a) each corporation that is required to file a statement has filed one; and
21 (b) each statement contains the information required by this part.
22 (2) If it appears that any corporation has failed to file any statement, if it appears that a
23 filed statement does not conform to the law, or if the lieutenant governor has received a written
24 complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor
25 shall, within five days of discovery of a violation or receipt of a written complaint, notify the
26 corporation of the violation or written complaint and direct the corporation to file a statement
27 correcting the problem.
28 (3) (a) It is unlawful for any corporation to fail to file or amend a statement within 14 days
29 after receiving notice from the lieutenant governor under this section.
30 (b) Each corporation who violates subsection (4)(a) is guilty of a class B misdemeanor.
31 (c) The lieutenant governor shall report all violations of this subsection (4)(a) to the

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1 attorney general.
2 Section 27. Section 20A-11-801 is amended to read:
3 20A-11-801. Political issues committees -- Registration.
4 (1) Each political issues committee shall file a statement of organization with the
5 lieutenant governor's office no later than seven days after receiving political issues contributions
6 totaling at least $750 or disbursing political issues expenditures totaling at least [$750] $50 in any
7 calendar year.
8 (2) The statement of organization shall include:
9 (a) the name and address of the political issues committee;
10 (b) the name, address, occupation, and title of each officer;
11 (c) the name and address of the organization, individual, corporation, association, unit of
12 government, or union that the political issues committee represents, if any;
13 (d) the name and address of all affiliated or connected organizations and their relationships
14 to the political issues committee;
15 (e) the name, address, business address, occupation, and phone number of the committee's
16 treasurer or chief financial officer; [and]
17 (f) the name, address, and occupation of each member of the supervisory board, if any; and
18 (g) the ballot proposition whose outcome they wish to affect, and whether they support
19 or oppose it.
20 (3) (a) Any registered political issues committee that intends to permanently cease
21 operations during a calendar year shall file a notice of dissolution with the lieutenant governor's
22 office.
23 (b) Any notice of dissolution filed by a political issues committee does not exempt that
24 political issues committee from complying with the financial reporting requirements of this
25 chapter.
26 Section 28. Section 20A-11-802 is amended to read:
27 20A-11-802. Political issues committees -- Financial reporting.
28 (1) (a) Each registered political issues committee that has made political issues
29 expenditures on current or proposed ballot issues that total at least $750 during a calendar year,
30 shall file a verified financial statement with the lieutenant governor's office on:
31 (i) January 5, reporting contributions and expenditures as of December 31 of [each] the

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

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1 officer verifying that, to the best of the signer's knowledge, the [accuracy of the verified] financial
2 statement is accurate; and
3 (x) a summary page in the form required by the lieutenant governor that identifies:
4 (A) beginning balance;
5 (B) total contributions during the period since the last statement;
6 (C) total contributions to date;
7 (D) total expenditures during the period since the last statement; and
8 (E) total expenditures to date.
9 (b) (i) Political issues contributions received by a political issues committee that have a
10 value of $50 or less need not be reported individually, but shall be listed on the report as an
11 aggregate total.
12 (ii) Two or more political issues contributions from the same source that have an aggregate
13 total of more than $50 may not be reported in the aggregate, but shall be reported separately.
14 Section 29. Section 20A-11-803 is enacted to read:
15 20A-11-803. Criminal penalties.
16 (1) (a) Each political issues committee that fails to file the statement due September 15
17 or before the regular general session is guilty of a class B misdemeanor.
18 (b) The lieutenant governor shall report all violations of subsection (1) to the attorney
19 general.
20 (2) Within 30 days after a deadline for the filing of the January 5 statement, the lieutenant
21 governor shall review each filed statement to ensure that:
22 (a) each political issues committee that is required to file a statement has filed one; and
23 (b) each statement contains the information required by this part.
24 (3) If it appears that any political issues committee has failed to file the January 5
25 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
26 governor has received a written complaint alleging a violation of the law or the falsity of any
27 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt of
28 a written complaint, notify the political issues committee of the violation or written complaint and
29 direct the political issues committee to file a statement correcting the problem.
30 (4) (a) It is unlawful for any political issues committee to fail to file or amend a statement
31 within 14 days after receiving notice from the lieutenant governor under this section.

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1 (b) Each political issues committee who violates subsection (4)(a) is guilty of a class B
2 misdemeanor.
3 (c) The lieutenant governor shall report all violations of subsection (4)(a) to the attorney
4 general.
5 Section 30. Section 20A-11-1001 is amended to read:
6 20A-11-1001. Blanks for statements prepared and furnished by chief election officer.
7 The [lieutenant governor] chief election officer shall:
8 (1) develop and prepare forms for all statements required by this chapter; and
9 (2) provide copies of the forms to the secretary of every committee, to every candidate,
10 and to all others who request them.
11 Section 31. Section 20A-11-1002 is amended to read:
12 20A-11-1002. Retention and public inspection of financial statements -- Written
13 complaint if statement is false or unlawful.
14 (1) The [lieutenant governor] chief election officer shall:
15 (a) make each financial statement required by this chapter open to public inspection in the
16 office of the [lieutenant governor] chief election officer;
17 (b) preserve those statements for at least five years; and
18 (c) provide certified copies of the financial statements in the same manner as for other
19 public records.
20 (2) Any candidate or voter may file a written complaint with the [lieutenant governor]
21 chief election officer alleging that a filed financial statement does not conform to law or to the
22 truth.
23 Section 32. Section 20A-11-1301 is enacted to read:
24 Part 13. State and Local School Board Candidates
25 20A-11-1301. School board office candidate -- Campaign requirements.
26 (1) Each school board office candidate shall deposit each contribution and public service
27 assistance received in one or more separate accounts in a financial institution that are dedicated
28 only to that purpose.
29 (2) A school board office candidate may not deposit or mingle any contributions or public
30 service assistance received into a personal or business account.
31 (3) A school board office candidate may not make any political expenditures prohibited

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1 by law.
2 (4) If a person who is no longer a school board candidate chooses not to expend the monies
3 remaining in his campaign account, the person shall continue to file the year-end summary report
4 required by Section 20A-11-1302 until the statement of dissolution and final summary report
5 required by Section 20A-11-1304 are filed with:
6 (a) the lieutenant governor in the case of a state school board candidate; and
7 (b) the county clerk, in the case of a local school board candidate.
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.

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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, to the best of the school board office candidate's knowledge, all receipts
5 and all expenditures have been reported as of December 31 of the last regular general election year
6 and that there are no bills or obligations outstanding and 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

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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

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1 required by Section 20A-11-1302 until the statement of dissolution and final summary report
2 required by this section are filed.
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) (a) If a school board office candidate fails to file an interim report due before the
7 regular primary election, September 15, and before the regular general election, the chief election
8 officer shall, after making a reasonable attempt to discover if the report was timely mailed, inform
9 the county clerk and other appropriate election officials who:
10 (i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
11 name before the ballots are delivered to voters; or
12 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
13 voters by any practicable method that the candidate has been disqualified and that votes cast for
14 candidate will not be counted; and
15 (iii) may not count any votes for that candidate.
16 (b) Any school board office candidate who fails to file timely a financial statement
17 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
18 Section 20A-1-501.
19 (c) Notwithstanding Subsection (1)(a) and (1)(b), a school board office candidate is not
20 disqualified if the candidate, in good faith:
21 (i) files the reports required by this section on time even if an error or inaccuracy in the
22 report requires the school board office candidate to file an amended report after the deadline; and
23 (ii) the error is corrected in an amended report or in the next scheduled report.
24 (2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
25 for state school board, the lieutenant governor shall review each filed summary report to ensure
26 that:
27 (i) each state school board candidate that is required to file a summary report has filed one;
28 and
29 (ii) each summary report contains the information required by this part.
30 (b) If it appears that any state school board candidate has failed to file the summary report
31 required by law, if it appears that a filed summary report does not conform to the law, or if the

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1 lieutenant governor has received a written complaint alleging a violation of the law or the falsity
2 of any summary report, the lieutenant governor shall, within five days of discovery of a violation
3 or receipt of a written complaint, notify the state school board candidate of the violation or written
4 complaint and direct the state school board candidate to file a summary report correcting the
5 problem.
6 (c) (i) It is unlawful for any state school board candidate to fail to file or amend a summary
7 report within 14 days after receiving notice from the lieutenant governor under this section.
8 (ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a class
9 B misdemeanor.
10 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
11 attorney general.
12 (3) (a) Within 30 days after a deadline for the filing of a summary report, the county clerk
13 shall review each filed summary report to ensure that:
14 (i) each local school board candidate that is required to file a summary report has filed one;
15 and
16 (ii) each summary report contains the information required by this part.
17 (b) If it appears that any local school board candidate has failed to file the summary report
18 required by law, if it appears that a filed summary report does not conform to the law, or if the
19 county clerk has received a written complaint alleging a violation of the law or the falsity of any
20 summary report, the county clerk shall, within five days of discovery of a violation or receipt of
21 a written complaint, notify the local school board candidate of the violation or written complaint
22 and direct the local school board candidate to file a summary report correcting the problem.
23 (c) (i) It is unlawful for any local school board candidate to fail to file or amend a
24 summary report within 14 days after receiving notice from the county clerk under this section.
25 (ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a class
26 B misdemeanor.
27 (iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
28 county attorney.
29 Section 37. Repealer.
30 This act repeals:
31 Section 20A-11-207, State office candidate -- Criminal penalties.

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1 Section 20A-11-306, Legislative office candidate -- Criminal penalties.
2 Section 20A-11-902, Restrictions on newspaper and other publications.
3 Section 20A-11-1003, Inspection of statements -- Notice to responsible committee or
4 person of failure to file or noncompliance.

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