H.B. 211

1

NOTIFYING CANDIDATES OF FILING
2 DEADLINES
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Blake D. Chard
6 AN ACT RELATING TO ELECTION LAW; CLARIFYING THAT CANDIDATES MAY BE
7 NOTIFIED OF CAMPAIGN FINANCE FILING REQUIREMENTS BY E-MAIL; AND
8 PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 20A-11-103, as last amended by Chapter 45, Laws of Utah 1999
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 20A-11-103 is amended to read:
14 20A-11-103. Reports -- Form of submission.
15 (1) (a) (i) Ten days before a report from a state office candidate, legislative office
16 candidate, state school board candidate, political party, political action committee, or political
17 issues committee is due under this chapter, the lieutenant governor shall inform those candidates
18 and entities by postal mail or h , IF REQUESTED BY THE CANDIDATE, PARTY, OR COMMITTEE, BY h
18a electronic mail:
19 (A) that the report is due; and
20 (B) the date that the report is due.
21 (ii) In addition to the information required by Subsection (1)(a)(i) and in the same mailing,
22 ten days before the interim reports for candidates are due, the lieutenant governor shall inform the
23 candidate that if the report is not received in the lieutenant governor's office by 5 p.m. on the date
24 that it is due, voters will be informed that the candidate has been disqualified and any votes cast
25 for the candidate will not be counted.
26 (iii) In addition to the information required by Subsection (1)(a)(i) and in the same
27 mailing, ten days before the interim reports or verified financial statements for entities that are due
28 September 15 and before the regular general election are due, and ten days before summary reports
29 or January 5 financial statements are due, the lieutenant governor shall inform the entity, candidate,
30 or officeholder that if the report is not received in the lieutenant governor's office by the date that
31 it is due, the entity, candidate, or officeholder may be guilty of a class B misdemeanor for failing
32 to file the report or statement.
33 (b) Ten days before a report from a local school board candidate is due under this chapter,
34 the county clerk shall inform the candidate by postal mail or h , IF REQUESTED, BY h electronic
34a mail:
35 (i) that the report is due;
36 (ii) the date that the report is due; and
37 (iii) if the report is not received in the county clerk's office by 5 p.m. on the date that it is
38 due, voters will be informed that the candidate has been disqualified and any votes cast for the
39 candidate will not be counted.
40 (2) Persons or entities submitting reports required by this chapter may submit them:
41 (a) on paper, printed, typed, or legibly handwritten or hand printed;
42 (b) on a computer disk according to specifications established by the chief election officer
43 that protect against fraudulent filings and secure the accuracy of the information contained on the
44 computer disk;
45 (c) via fax; or
46 (d) via electronic mail according to specifications established by the chief election officer.
47 (3) A report is considered filed if:
48 (a) it is received in the chief election officer's office no later than 5:00 p.m. on the date
49 that it is due;
50 (b) it is received in the chief election officer's office with a postmark three days or more
51 before the date that the report was due; or
52 (c) the candidate or entity has proof that the report was mailed, with appropriate postage
53 and addressing, three days before the report was due.
54 Section 2. Effective date.
55 If approved by two-thirds of all the members elected to each house, this act takes effect
56 upon approval by the governor, or the day following the constitutional time limit of Utah
57 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
58 date of veto override.

Legislative Review Note
as of 1-3-00 3:01 PM

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

Office of Legislative Research and General Counsel