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H.B. 211 Enrolled

                 

NOTIFYING CANDIDATES OF FILING

                 
DEADLINES

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Blake D. Chard

                  AN ACT RELATING TO ELECTION LAW; CLARIFYING THAT CANDIDATES MAY BE
                  NOTIFIED OF CAMPAIGN FINANCE FILING REQUIREMENTS BY E-MAIL; AND
                  PROVIDING AN EFFECTIVE DATE.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      20A-11-103, as last amended by Chapter 45, Laws of Utah 1999
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 20A-11-103 is amended to read:
                       20A-11-103. Reports -- Form of submission.
                      (1) (a) (i) Ten days before a report from a state office candidate, legislative office
                  candidate, state school board candidate, political party, political action committee, or political
                  issues committee is due under this chapter, the lieutenant governor shall inform those candidates
                  and entities by postal mail or, if requested by the candidate, party, or committee, by electronic
                  mail:
                      (A) that the report is due; and
                      (B) the date that the report is due.
                      (ii) In addition to the information required by Subsection (1)(a)(i) and in the same mailing,
                  ten days before the interim reports for candidates are due, the lieutenant governor shall inform the
                  candidate that if the report is not received in the lieutenant governor's office by 5 p.m. on the date
                  that it is due, voters will be informed that the candidate has been disqualified and any votes cast
                  for the candidate will not be counted.
                      (iii) In addition to the information required by Subsection (1)(a)(i) and in the same
                  mailing, ten days before the interim reports or verified financial statements for entities that are due
                  September 15 and before the regular general election are due, and ten days before summary reports


                  or January 5 financial statements are due, the lieutenant governor shall inform the entity, candidate,
                  or officeholder that if the report is not received in the lieutenant governor's office by the date that it
                  is due, the entity, candidate, or officeholder may be guilty of a class B misdemeanor for failing to
                  file the report or statement.
                      (b) Ten days before a report from a local school board candidate is due under this chapter,
                  the county clerk shall inform the candidate by postal mail or, if requested, by electronic mail:
                      (i) that the report is due;
                      (ii) the date that the report is due; and
                      (iii) if the report is not received in the county clerk's office by 5 p.m. on the date that it is
                  due, voters will be informed that the candidate has been disqualified and any votes cast for the
                  candidate will not be counted.
                      (2) Persons or entities submitting reports required by this chapter may submit them:
                      (a) on paper, printed, typed, or legibly handwritten or hand printed;
                      (b) on a computer disk according to specifications established by the chief election officer
                  that protect against fraudulent filings and secure the accuracy of the information contained on the
                  computer disk;
                      (c) via fax; or
                      (d) via electronic mail according to specifications established by the chief election officer.
                      (3) A report is considered filed if:
                      (a) it is received in the chief election officer's office no later than 5:00 p.m. on the date that
                  it is due;
                      (b) it is received in the chief election officer's office with a postmark three days or more
                  before the date that the report was due; or
                      (c) the candidate or entity has proof that the report was mailed, with appropriate postage and
                  addressing, three days before the report was due.
                      Section 2. Effective date.
                      If approved by two-thirds of all the members elected to each house, this act takes effect upon
                  approval by the governor, or the day following the constitutional time limit of Utah Constitution

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                  Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
                  override.

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