First Substitute H.B. 137

This document includes House Floor Amendments incorporated into the bill on Wed, Feb 25, 2004 at 4:03 PM by chopkin. -->

Representative John Dougall proposes the following substitute bill:

1 CAMPAIGN FINANCE DISCLOSURE IN
2 MUNICIPAL ELECTIONS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John Dougall
6 LaVar ChristensenGregory H. Hughes 7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Utah Municipal Code relating to campaign finance
11 disclosure requirements.
12 Highlighted Provisions:
13 This bill:
14 . eliminates certain exemptions from campaign finance disclosure provisions and
15 makes the requirements applicable to candidates in all municipalities;
16 . requires a disclosure report to be filed before a municipal primary election;
17 . modifies reporting requirements; and
18 . requires the municipal clerk to notify candidates of disclosure requirements and that
19 the candidate's name will be removed from the ballot if the candidate does not file
20 the required report.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

26 AMENDS:
27 10-3-208, as last amended by Chapters 215 and 292, Laws of Utah 2003
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 10-3-208 is amended to read:
31 10-3-208. Campaign financial disclosure in municipal elections.
32 (1) (a) [(i) Each first, second, third, and fourth class] A city [shall] or town may adopt
33 an ordinance establishing campaign finance disclosure requirements for candidates for [city]
34 municipal office.
35 [(ii) Each fifth class city and town shall adopt an ordinance establishing campaign
36 finance disclosure requirements for candidates for city or town office who:]
37 [(A) receive more than $750 in campaign contributions; or]
38 [(B) spend more than $750 on their campaign for city or town office.]
39 (b) [The ordinance required] If a city or town adopts an ordinance under Subsection
40 (1)(a), the ordinance shall include:
41 (i) a requirement that each candidate for municipal office to whom the ordinance
42 applies [report the candidate's itemized and total campaign contributions and expenditures at
43 least once] file a campaign finance statement seven days before the municipal general election
44 and [at least once] no later than 30 days after the municipal general election[;], reporting the
45 candidate's itemized and total campaign contributions and expenditures as of:
46 (A) for a statement required to be filed seven days before a municipal general election,
47 ten days before the election; and
48 (B) for a statement required to be filed no later than 30 days after the municipal general
49 election, the date of the report;
50 (ii) a requirement that each candidate for municipal office eliminated at a municipal
51 primary election file a campaign finance statement containing the information required by this
52 section no later than 30 days after the municipal primary election;
53 [(ii)] (iii) a definition of "contribution" and "expenditure" that requires reporting of
54 nonmonetary contributions such as in-kind contributions and contributions of tangible things;
55 [and]
56 [(iii)] (iv) a requirement that the financial reports identify:

57 H [ (A) except as provided in Subsection (1)(b)(iv)(B): ] h
58 H [ (I) ] (A) h for each contribution of an amount specified in the ordinance but not more
58a than $50,
59 the name of the donor of the contribution and the amount of the contribution; [and]
60 H [ (II) ] (B) h the aggregate total of all contributions up to an amount specified in the
60a ordinance
61 but not more than $50; and
62 [(B)] H [ (III) ] (C) h for each expenditure, the name of the recipient and the amount of the
63 expenditure H [ [ ] . [ ] ] [ ; or
64 (B) if the candidate received $750 or less in campaign contributions and spent $750 or
65 less on the candidate's campaign, the total amount of campaign contributions and expenditures. ] h
66 (2) (a) Except as provided in Subsection (2)(b), if a city or town fails to adopt a
67 campaign finance disclosure ordinance as [required] provided under Subsection (1),
68 [candidates] each candidate for office in that city or town shall comply with the financial
69 reporting requirements contained in Subsections (3) through [(6)] (5).
70 (b) [(i)] If a city or town adopts a campaign finance disclosure ordinance that meets the
71 requirements of Subsection (1), a candidate for office in that city or town need not comply with
72 the requirements of Subsections (3) through [(6)] (5).
73 [(ii) Subsection (2)(a) and the financial reporting requirements of Subsections (3)
74 through (6) do not apply to a candidate for municipal office who:]
75 [(A) is a candidate for municipal office in a fifth class city or a town; and]
76 [(B) (I) receives $750 or less in campaign contributions; and]
77 [(II) spends $750 or less on the candidate's campaign for municipal office.]
78 (3) If there is no municipal ordinance meeting the requirements of this section upon the
79 dates specified in Subsection (1) or if the municipal clerk or recorder fails to notify the
80 candidate as required under Subsection (6), each candidate for elective municipal office shall
81 file a signed campaign financial statement with the city recorder:
82 (a) seven days before the date of the municipal general election, reporting each
83 contribution of more than $50 and each expenditure as of ten days before the date of the
84 municipal general election; and
85 (b) no later than 30 days after the date of the municipal general election.
86 (4) (a) The statement filed seven days before the municipal general election shall
87 include:

88 (i) a list of each contribution of more than $50 received by the candidate, and the name
89 of the donor;
90 (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
91 (iii) a list of each expenditure for political purposes made during the campaign period,
92 and the recipient of each expenditure.
93 (b) The statement filed 30 days after the municipal general election shall include:
94 (i) a list of each contribution of more than $50 received after the cutoff date for the
95 statement filed seven days before the election, and the name of the donor;
96 (ii) an aggregate total of all contributions of $50 or less received by the candidate after
97 the cutoff date for the statement filed seven days before the election; and
98 (iii) a list of all expenditures for political purposes made by the candidate after the
99 cutoff date for the statement filed seven days before the election, and the recipient of each
100 expenditure.
101 (5) Candidates for elective municipal office who are eliminated at a primary election
102 shall file a signed campaign financial statement containing the information required by this
103 section not later than 30 days after the primary election.
104 [(6) Any person who fails to comply with this section is guilty of an infraction.]
105 (6) Each municipal clerk or recorder shall, at the time the candidate for municipal
106 office files a declaration of candidacy and again 14 days before each each municipal general
107 election, notify the candidate of:
108 (a) the provisions of statute or of the municipal ordinance governing campaign finance
109 disclosure; and
110 (b) the statutory provisions that require removal of the candidate's name from the ballot
111 for failure to file the required campaign finance statement when required.
112 (7) Notwithstanding any provision of Title 63, Chapter 2, Government Records Access
113 and Management Act, the municipal clerk or recorder shall make each campaign finance
114 statement filed by a candidate available for public inspection and copying no later than one
115 business day after the statement is filed.
116 [(7)] (8) A city or town may, by ordinance, enact requirements that:
117 (a) require greater disclosure of campaign contributions and expenditures; and
118 (b) impose additional penalties.

119 [(8)] (9) (a) If a candidate fails to file an interim report due before the municipal
120 general election, the [city] municipal clerk or recorder shall[, after making a reasonable attempt
121 to discover if the report was timely mailed,] inform the appropriate election officials who:
122 (i) shall, if practicable, remove the name of the candidate by blacking out the
123 candidate's name before the ballots are delivered to voters; or
124 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
125 the voters by any practicable method that the candidate has been disqualified and that votes
126 cast for the candidate will not be counted; and
127 (iii) may not count any votes for that candidate.
128 (b) Notwithstanding Subsection [(8)] (9)(a), a candidate is not disqualified if:
129 (i) the candidate files the reports required by this section;
130 (ii) those reports are completed, detailing accurately and completely the information
131 required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
132 and
133 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
134 the next scheduled report.
135 (c) A report is considered filed if[: (i)] it is received in the municipal recorder's office
136 no later than 5 p.m. on the date that it is due[;].
137 [(ii) it is received in the municipal recorder's office with a postmark three days or more
138 before the date that the report was due; or]
139 [(iii) the candidate has proof that the report was mailed, with appropriate postage and
140 addressing, three days before the report was due.]
141 [(9)] (10) (a) Any private party in interest may bring a civil action in district court to
142 enforce the provisions of this section or any ordinance adopted under this section.
143 (b) In a civil action filed under Subsection (9)(a), the court may award costs and
144 attorney's fees to the prevailing party.