H.B. 334

1

COUNTY AND MUNICIPAL CAMPAIGN
2 FINANCE AMENDMENTS
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Trisha S. Beck
6 This act modifies the Utah Municipal Code and Counties Code. The act provides for the
7 disqualification of a candidate for failure to file required reports. The act provides for a
8 private right of action and an award of costs and attorney's fees for violation of campaign
9 financial disclosure requirements.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 10-3-208, as last amended by Chapter 227, Laws of Utah 2000
13 17-16-6.5, as last amended by Chapter 258, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 10-3-208 is amended to read:
16 10-3-208. Campaign financial disclosure in municipal elections.
17 (1) (a) (i) By August 1, 1995, each first and second class city and each third class city
18 having a population of 10,000 or more shall adopt an ordinance establishing campaign finance
19 disclosure requirements for candidates for city office.
20 (ii) By August 1, 2001, each third class city with a population under 10,000 and each town
21 shall adopt an ordinance establishing campaign finance disclosure requirements for candidates for
22 city or town office who:
23 (A) receive more than $750 in campaign contributions; or
24 (B) spend more than $750 on their campaign for city or town office.
25 (b) The ordinance required under Subsection (1)(a) shall include:
26 (i) a requirement that each candidate for municipal office to whom the ordinance applies
27 report the candidate's itemized and total campaign contributions and expenditures at least once

28 seven days before the municipal general election and at least once 30 days after the municipal
29 general election;
30 (ii) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary
31 contributions such as in-kind contributions and contributions of tangible things; and
32 (iii) a requirement that the financial reports identify:
33 (A) for each contribution of more than $50, the name of the donor of the contribution and
34 the amount of the contribution; and
35 (B) for each expenditure, the name of the recipient and the amount of the expenditure.
36 (2) (a) Except as provided in Subsection (2)(b), if a city or town fails to adopt a campaign
37 finance disclosure ordinance as required under Subsection (1), candidates for office in that city or
38 town shall comply with the financial reporting requirements contained in Subsections (3) through
39 (6).
40 (b) (i) If a city or town adopts a campaign finance disclosure ordinance that meets the
41 requirements of Subsection (1), that city or town need not comply with the requirements of
42 Subsections (3) through (6).
43 (ii) Subsection (2)(a) and the financial reporting requirements of Subsections (3) through
44 (6) do not apply to a candidate for municipal office who:
45 (A) is a candidate for municipal office in a city with a population under 10,000 or a town;
46 and
47 (B) (I) receives $750 or less in campaign contributions; and
48 (II) spends $750 or less on the candidate's campaign for municipal office.
49 (3) If there is no municipal ordinance meeting the requirements of this section upon the
50 dates specified in Subsection (1), each candidate for elective municipal office shall file a signed
51 campaign financial statement with the city recorder:
52 (a) seven days before the date of the municipal general election, reporting each
53 contribution of more than $50 and each expenditure as of ten days before the date of the municipal
54 general election; and
55 (b) no later than 30 days after the date of the municipal general election.
56 (4) (a) The statement filed seven days before the municipal general election shall include:
57 (i) a list of each contribution of more than $50 received by the candidate, and the name of
58 the donor;

59 (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
60 (iii) a list of each expenditure for political purposes made during the campaign period, and
61 the recipient of each expenditure.
62 (b) The statement filed 30 days after the municipal general election shall include:
63 (i) a list of each contribution of more than $50 received after the cutoff date for the
64 statement filed seven days before the election, and the name of the donor;
65 (ii) an aggregate total of all contributions of $50 or less received by the candidate after the
66 cutoff date for the statement filed seven days before the election; and
67 (iii) a list of all expenditures for political purposes made by the candidate after the cutoff
68 date for the statement filed seven days before the election, and the recipient of each expenditure.
69 (5) Candidates for elective municipal office who are eliminated at a primary election shall
70 file a signed campaign financial statement containing the information required by this section not
71 later than 30 days after the primary election.
72 (6) Any person who fails to comply with this section is guilty of an infraction.
73 (7) A city or town may, by ordinance, enact requirements that:
74 (a) require greater disclosure of campaign contributions and expenditures; and
75 (b) impose additional penalties.
76 (8) (a) If a candidate fails to file an interim report due before the municipal general
77 election, the city recorder shall, after making a reasonable attempt to discover if the report was
78 timely mailed, inform the appropriate election officials who:
79 (i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
80 name before the ballots are delivered to voters; or
81 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform the
82 voters by any practicable method that the candidate has been disqualified and that votes cast for
83 the candidate will not be counted; and
84 (iii) may not count any votes for that candidate.
85 (b) Notwithstanding Subsection (8)(a), a candidate is not disqualified if:
86 (i) the candidate files the reports required by this section;
87 (ii) those reports are completed, detailing accurately and completely the information
88 required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
89 and

90 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in the
91 next scheduled report.
92 (9) (a) Any private party in interest may bring a civil action in district court to enforce the
93 provisions of this section or any ordinance adopted under this section.
94 (b) In a civil action filed under Subsection (9)(a), the court h [ shall ] MAY h award costs and
94a attorney's
95 fees to the prevailing party.
96 Section 2. Section 17-16-6.5 is amended to read:
97 17-16-6.5. Campaign financial disclosure in county elections.
98 (1) (a) By January 1, 1996, each county shall adopt an ordinance establishing campaign
99 finance disclosure requirements for candidates for county office.
100 (b) The ordinance shall include:
101 (i) a requirement that each candidate for county office report his itemized and total
102 campaign contributions and expenditures at least once within the two weeks before the election
103 and at least once within two months after the election;
104 (ii) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary
105 contributions such as in-kind contributions and contributions of tangible things; and
106 (iii) a requirement that the financial reports identify:
107 (A) for each contribution of more than $50, the name of the donor of the contribution and
108 the amount of the contribution; and
109 (B) for each expenditure, the name of the recipient and the amount of the expenditure.
110 (2) (a) Except as provided in Subsection (2)(b), if any county fails to adopt a campaign
111 finance disclosure ordinance by January 1, 1996, candidates for county office shall comply with
112 the financial reporting requirements contained in Subsections (3) through (6).
113 (b) If, after August 1, 1995, any county adopts a campaign finance ordinance meeting the
114 requirements of Subsection (1), that county need not comply with the requirements of Subsections
115 (3) through (6).
116 (3) (a) Except as provided in Subsection (3)(b), and if there is no county ordinance meeting
117 the requirements of this section, each candidate for elective office in any county who is not
118 required to submit a campaign financial statement to the lieutenant governor shall file a signed
119 campaign financial statement with the county clerk:
120 (i) seven days before the date of the regular general election, reporting each contribution

121 of more than $50 and each expenditure as of ten days before the date of the regular general
122 election; and
123 (ii) no later than 30 days after the date of the regular general election.
124 (b) Candidates for community council offices are exempt from the requirements of this
125 section.
126 (4) (a) The statement filed seven days before the regular general election shall include:
127 (i) a list of each contribution of more than $50 received by the candidate, and the name of
128 the donor;
129 (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
130 (iii) a list of each expenditure for political purposes made during the campaign period, and
131 the recipient of each expenditure.
132 (b) The statement filed 30 days after the regular general election shall include:
133 (i) a list of each contribution of more than $50 received after the cutoff date for the
134 statement filed seven days before the election, and the name of the donor;
135 (ii) an aggregate total of all contributions of $50 or less received by the candidate after the
136 cutoff date for the statement filed seven days before the election; and
137 (iii) a list of all expenditures for political purposes made by the candidate after the cutoff
138 date for the statement filed seven days before the election, and the recipient of each expenditure.
139 (5) Candidates for elective office in any county who are eliminated at a primary election
140 shall file a signed campaign financial statement containing the information required by this section
141 not later than 30 days after the primary election.
142 (6) Any person who fails to comply with this section is guilty of an infraction.
143 (7) Counties may, by ordinance, enact requirements that:
144 (a) require greater disclosure of campaign contributions and expenditures; and
145 (b) impose additional penalties.
146 (8) (a) If a candidate fails to file an interim report due before the election, the county clerk
147 shall, after making a reasonable attempt to discover if the report was timely mailed, inform the
148 appropriate election officials who:
149 (i) shall, if practicable, remove the name of the candidate by blacking out the candidate's
150 name before the ballots are delivered to voters; or
151 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform the

152 voters by any practicable method that the candidate has been disqualified and that votes cast for
153 the candidate will not be counted; and
154 (iii) may not count any votes for that candidate.
155 (b) Notwithstanding Subsection (8)(a), a candidate is not disqualified if:
156 (i) the candidate files the reports required by this section;
157 (ii) those reports are completed, detailing accurately and completely the information
158 required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
159 and
160 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in the
161 next scheduled report.
162 (9) (a) Any private party in interest may bring a civil action in district court to enforce the
163 provisions of this section or any ordinance adopted under this section.
164 (b) In a civil action filed under Subsection (9)(a), the court shall award costs and attorney's
165 fees to the prevailing party.




Legislative Review Note
as of 2-5-02 8:42 AM

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

Office of Legislative Research and General Counsel