S.B. 254

1

CAMPAIGN FINANCE AND REPORTING
2 AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Curtis S. Bramble
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Election Code to modify campaign finance and reporting
11 requirements.
12 Highlighted Provisions:
13 This bill:
14 . requires that campaign finance reports be made electronically;
15 . modifies the Election Code to require state office candidates, candidates for
16 legislative offices, current officeholders, political parties, and state and local school
17 board candidates to file yearly summary reports;
18 . requires the lieutenant governor to attempt to contact a candidate that fails to file
19 certain reports before attempting to remove the candidate from the ballot;
20 . requires political action committees and political issues committees to designate and
21 disclose the names of two officers having primary decision-making authority and to
22 provide notice of any change in a primary officer;
23 . requires political action committees and political issues committees to file a yearly
24 statement of organization;
25 . changes the criminal penalty for failing to file campaign finance reports to an
26 administrative penalty;
27 . provides procedures for assessing and collecting the administrative penalty;

28 . provides a criminal penalty for knowingly providing false information on a
29 statement of organization for a political action committee or political issues
30 committee or on a notice of change of primary officer; and
31 . makes technical changes.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 20A-11-103, as last amended by Chapter 166, Laws of Utah 2001
39 20A-11-203, as last amended by Chapter 355, Laws of Utah 1997
40 20A-11-206, as last amended by Chapter 93, Laws of Utah 1999
41 20A-11-302, as last amended by Chapter 355, Laws of Utah 1997
42 20A-11-305, as last amended by Chapter 93, Laws of Utah 1999
43 20A-11-401, as last amended by Chapter 355, Laws of Utah 1997
44 20A-11-403, as repealed and reenacted by Chapter 355, Laws of Utah 1997
45 20A-11-506, as last amended by Chapter 355, Laws of Utah 1997
46 20A-11-508, as repealed and reenacted by Chapter 355, Laws of Utah 1997
47 20A-11-601, as enacted by Chapter 1, Laws of Utah 1995
48 20A-11-602, as last amended by Chapters 45 and 86, Laws of Utah 1999
49 20A-11-603, as enacted by Chapter 355, Laws of Utah 1997
50 20A-11-703, as enacted by Chapter 355, Laws of Utah 1997
51 20A-11-801, as last amended by Chapter 355, Laws of Utah 1997
52 20A-11-802, as last amended by Chapters 160 and 304, Laws of Utah 2003
53 20A-11-803, as enacted by Chapter 355, Laws of Utah 1997
54 20A-11-1001, as last amended by Chapter 355, Laws of Utah 1997
55 20A-11-1002, as last amended by Chapter 317, Laws of Utah 2002
56 20A-11-1302, as enacted by Chapter 355, Laws of Utah 1997
57 20A-11-1305, as last amended by Chapter 215, Laws of Utah 2003
58

59 Be it enacted by the Legislature of the state of Utah:
60 Section 1. Section 20A-11-103 is amended to read:
61 20A-11-103. Reports -- Form of submission.
62 (1) (a) (i) Ten days before a report from a state office candidate, legislative office
63 candidate, state school board candidate, political party, political action committee, political
64 issues committee, or judge is due under this chapter, the lieutenant governor shall inform those
65 candidates, judges, and entities by postal mail or, if requested by the candidate, judge, party, or
66 committee, by electronic mail:
67 (A) that the report is due; and
68 (B) the date that the report is due.
69 (ii) In addition to the information required by Subsection (1)(a)(i) and in the same
70 mailing, ten days before the interim reports for candidates or judges are due, the lieutenant
71 governor shall inform the candidate or judge that if the report is not received in the lieutenant
72 governor's office by 5 p.m. on the date that it is due, voters will be informed that the candidate
73 or judge has been disqualified and any votes cast for the candidate or judge will not be counted.
74 (iii) In addition to the information required by Subsection (1)(a)(i) and in the same
75 mailing, ten days before the interim reports or verified financial statements for entities that are
76 due September 15 and before the regular general election are due, and ten days before summary
77 reports or January 5 financial statements are due, the lieutenant governor shall inform the
78 entity, candidate, judge, or officeholder that if the report is not received in the lieutenant
79 governor's office by the date that it is due, the entity, candidate, judge, or officeholder may be
80 guilty of a class B misdemeanor for failing to file the report or statement.
81 (b) Ten days before a report from a local school board candidate is due under this
82 chapter, the county clerk shall inform the candidate by postal mail or, if requested, by
83 electronic mail:
84 (i) that the report is due;
85 (ii) the date that the report is due; and
86 (iii) if the report is not received in the county clerk's office by 5 p.m. on the date that it
87 is due, voters will be informed that the candidate has been disqualified and any votes cast for
88 the candidate will not be counted.
89 [(2) Persons or entities submitting reports required by this chapter may submit them:]

90 [(a) on paper, printed, typed, or legibly handwritten or hand printed;]
91 [(b) on a computer disk according to specifications established by the chief election
92 officer that protect against fraudulent filings and secure the accuracy of the information
93 contained on the computer disk;]
94 [(c) via fax; or]
95 [(d) via electronic mail according to specifications established by the chief election
96 officer.]
97 (2) A person or entity submitting a report or statement required by this chapter shall
98 submit the report or statement electronically via an online form or data entry system according
99 to specifications established by the chief election officer.
100 (3) A report or statement is considered filed if:
101 (a) it is received in the chief election officer's office no later than 5:00 p.m. on the date
102 that it is due;
103 (b) it is received in the chief election officer's office with a postmark three days or
104 more before the date that the report or statement was due; or
105 (c) the candidate, judge, or entity has proof that the report was mailed, with appropriate
106 postage and addressing, three days before the report or statement was due.
107 Section 2. Section 20A-11-203 is amended to read:
108 20A-11-203. State office candidate -- Financial reporting requirements --
109 Year-end summary report.
110 (1) Each state office candidate shall file a summary report by January 5 of [the year
111 after the regular general election] each year.
112 (2) (a) Each summary report shall include the following information as of December 31
113 of the [last regular general election] previous year:
114 (i) the net balance [of] shown on the last summary report, if any;
115 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
116 if any;
117 (iii) a single figure equal to the total amount of expenditures reported on all interim
118 reports, if any, filed during the election year;
119 (iv) a detailed listing of each contribution and public service assistance received since
120 the last summary report that has not been reported in detail on an interim report;

121 (v) for each nonmonetary contribution, the fair market value of the contribution;
122 (vi) a detailed listing of each expenditure made since the last summary report that has
123 not been reported in detail on an interim report;
124 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
125 (viii) a net balance for the year, consisting of the net balance from the last summary
126 report, if any, plus all receipts received and minus all expenditures made.
127 (b) (i) For all single contributions or public service assistance of $50 or less, a single
128 aggregate figure may be reported without separate detailed listings.
129 (ii) Two or more contributions from the same source that have an aggregate total of
130 more than $50 may not be reported in the aggregate, but shall be reported separately.
131 (c) In preparing the report, all receipts and expenditures shall be reported as of
132 December 31 of the [last regular general election] previous year.
133 (3) The summary report shall contain a paragraph signed by an authorized member of
134 the state office candidate's personal campaign committee or by the state office candidate
135 certifying that, to the best of the signer's knowledge, all receipts and all expenditures have been
136 reported as of December 31 of the [last regular general election] previous year and that there
137 are no bills or obligations outstanding and unpaid except as set forth in that report.
138 (4) State office candidates reporting under this section need only report receipts
139 received and expenditures made after April 29, 1991.
140 Section 3. Section 20A-11-206 is amended to read:
141 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
142 (1) (a) If a state office candidate fails to file an interim report due before the regular
143 primary election, September 15, or before the regular general election, the lieutenant governor
144 shall, after making a reasonable attempt to discover if the report was timely mailed and to
145 inform the candidate of the delinquency, inform the county clerk and other appropriate election
146 officials who:
147 (i) shall, if practicable, remove the name of the candidate by blacking out the
148 candidate's name before the ballots are delivered to voters; or
149 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
150 the voters by any practicable method that the candidate has been disqualified and that votes
151 cast for the candidate will not be counted; and

152 (iii) may not count any votes for that candidate.
153 (b) Any state office candidate who fails to file timely a financial statement required by
154 this part is disqualified and the vacancy on the ballot may be filled as provided in Section
155 20A-1-501 .
156 (c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
157 disqualified if:
158 (i) the candidate files the reports required by this section;
159 (ii) those reports are completed, detailing accurately and completely the information
160 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
161 and
162 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
163 the next scheduled report.
164 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
165 governor shall review each filed summary report to ensure that:
166 (i) each state office candidate that is required to file a summary report has filed one;
167 and
168 (ii) each summary report contains the information required by this part.
169 (b) If it appears that any state office candidate has failed to file the summary report
170 required by law, if it appears that a filed summary report does not conform to the law, or if the
171 lieutenant governor has received a written complaint alleging a violation of the law or the
172 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
173 violation or receipt of a written complaint, notify the state office candidate of the violation or
174 written complaint and direct the state office candidate to file a summary report correcting the
175 problem.
176 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
177 report within 14 days after receiving notice from the lieutenant governor under this section.
178 [(ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
179 misdemeanor.]
180 [(iii)] (ii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to
181 the attorney general.
182 (iii) Each state office candidate who willfully violates Subsection (2)(c)(i) may be

183 required to pay:
184 (A) a civil penalty of up to $250 for each violation; and
185 (B) a civil penalty of up to $500 for each subsequent violation.
186 (iv) The chief election officer may assess the civil penalty in accordance with Title 63,
187 Chapter 46b, Administrative Procedures Act.
188 (v) The chief election officer shall collect the civil penalty by bringing an action in the
189 district court for Salt Lake County.
190 (vi) An administrative penalty imposed pursuant to this section shall be deposited in
191 the General Fund.
192 Section 4. Section 20A-11-302 is amended to read:
193 20A-11-302. Legislative office candidate -- Financial reporting requirements --
194 Year-end summary report.
195 (1) Each legislative office candidate shall file a summary report by January 5 of [the
196 year after the regular general election] each year.
197 (2) (a) Each summary report shall include the following information as of December 31
198 of the [last regular general election] previous year:
199 (i) the net balance [of] shown on the last summary report, if any;
200 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
201 if any, during the calendar year in which the summary report is due;
202 (iii) a single figure equal to the total amount of expenditures reported on all interim
203 reports, if any, filed during the election year;
204 (iv) a detailed listing of each receipt, contribution, and public service assistance since
205 the last summary report that has not been reported in detail on an interim report;
206 (v) for each nonmonetary contribution, the fair market value of the contribution;
207 (vi) a detailed listing of each expenditure made since the last summary report that has
208 not been reported in detail on an interim report;
209 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
210 (viii) a net balance for the year, consisting of the net balance from the last summary
211 report, if any, plus all receipts received and minus all expenditures made.
212 (b) (i) For all individual contributions or public service assistance of $50 or less, a
213 single aggregate figure may be reported without separate detailed listings.

214 (ii) Two or more contributions from the same source that have an aggregate total of
215 more than $50 may not be reported in the aggregate, but shall be reported separately.
216 (c) In preparing the report, all receipts and expenditures shall be reported as of
217 December 31 of the [last regular general election] previous year.
218 (3) The summary report shall contain a paragraph signed by the legislative office
219 candidate certifying that to the best of the candidate's knowledge, all receipts and all
220 expenditures have been reported as of December 31 of the [last regular general election]
221 previous year and that there are no bills or obligations outstanding and unpaid except as set
222 forth in that report.
223 (4) Legislative office candidates reporting under this section need only report receipts
224 received and expenditures made after April 29, 1991.
225 Section 5. Section 20A-11-305 is amended to read:
226 20A-11-305. Legislative office candidate -- Failure to file report -- Name not
227 printed on ballot -- Filling vacancy.
228 (1) (a) If a legislative office candidate fails to file an interim report due before the
229 regular primary election, September 15, or before the regular general election, the lieutenant
230 governor shall, after making a reasonable attempt to discover if the report was timely mailed
231 and to inform the candidate of the delinquency, inform the county clerk and other appropriate
232 election officials who:
233 (i) shall, if practicable, remove the name of the candidate by blacking out the
234 candidate's name before the ballots are delivered to voters; or
235 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
236 the voters by any practicable method that the candidate has been disqualified and that votes
237 cast for the candidate will not be counted; and
238 (iii) may not count any votes for that candidate.
239 (b) Any legislative office candidate who fails to file timely a financial statement
240 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
241 Section 20A-1-501 .
242 (c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
243 disqualified if:
244 (i) the candidate files the reports required by this section;

245 (ii) those reports are completed, detailing accurately and completely the information
246 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
247 and
248 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
249 the next scheduled report.
250 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
251 governor shall review each filed summary report to ensure that:
252 (i) each legislative office candidate that is required to file a summary report has filed
253 one; and
254 (ii) each summary report contains the information required by this part.
255 (b) If it appears that any legislative office candidate has failed to file the summary
256 report required by law, if it appears that a filed summary report does not conform to the law, or
257 if the lieutenant governor has received a written complaint alleging a violation of the law or the
258 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
259 violation or receipt of a written complaint, notify the legislative office candidate of the
260 violation or written complaint and direct the legislative office candidate to file a summary
261 report correcting the problem.
262 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
263 summary report within 14 days after receiving notice from the lieutenant governor under this
264 section.
265 [(ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
266 class B misdemeanor.]
267 [(iii)] (ii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to
268 the attorney general.
269 (iii) Each legislative office candidate who willfully violates Subsection (2)(c)(i) may be
270 required to pay:
271 (A) a civil penalty of up to $250 for each violation; and
272 (B) a civil penalty of up to $500 for each subsequent violation.
273 (iv) The chief election officer may assess the civil penalty in accordance with Title 63,
274 Chapter 46b, Administrative Procedures Act.
275 (v) The chief election officer shall collect the civil penalty by bringing an action in the

276 district court of a county in which the legislative office candidate's legislative district is located.
277 (vi) An administrative penalty imposed pursuant to this section shall be deposited in
278 the General Fund.
279 Section 6. Section 20A-11-401 is amended to read:
280 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
281 report.
282 (1) Each officeholder shall file a summary report by January 5 of [the year after the
283 regular general election] each year.
284 (2) (a) Each summary report shall include the following information as of December 31
285 of the [last regular general election] previous year:
286 (i) the net balance [of] shown on the last summary report, if any;
287 (ii) a detailed listing of each contribution and public service assistance received since
288 the last summary report;
289 (iii) for each nonmonetary contribution, the fair market value of the contribution;
290 (iv) a detailed listing of each expenditure made since the last summary report;
291 (v) for each nonmonetary expenditure, the fair market value of the expenditure; and
292 (vi) a net balance for the year, consisting of the net balance from the last summary
293 report plus all receipts received and minus all expenditures made.
294 (b) (i) For all individual contributions or public service assistance of $50 or less, a
295 single aggregate figure may be reported without separate detailed listings.
296 (ii) Two or more contributions from the same source that have an aggregate total of
297 more than $50 may not be reported in the aggregate, but shall be reported separately.
298 (c) In preparing the report, all receipts and expenditures shall be reported as of
299 December 31 of the [last regular general election] previous year.
300 (3) The summary report shall contain a paragraph signed by the officeholder certifying
301 that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
302 reported as of December 31 of the [last regular general election] previous year and that there
303 are no bills or obligations outstanding and unpaid except as set forth in that report.
304 Section 7. Section 20A-11-403 is amended to read:
305 20A-11-403. Failure to file -- Penalties.
306 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant

307 governor shall review each filed summary report to ensure that:
308 (a) each officeholder that is required to file a summary report has filed one; and
309 (b) each summary report contains the information required by this part.
310 (2) If it appears that any officeholder has failed to file the summary report required by
311 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
312 governor has received a written complaint alleging a violation of the law or the falsity of any
313 summary report, the lieutenant governor shall, within five days of discovery of a violation or
314 receipt of a written complaint, notify the officeholder of the violation or written complaint and
315 direct the officeholder to file a summary report correcting the problem.
316 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
317 within 14 days after receiving notice from the lieutenant governor under this section.
318 [(b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
319 misdemeanor.]
320 [(c)] (b) The lieutenant governor shall report all violations of Subsection (3)(a) to the
321 attorney general.
322 (c) Each officeholder who willfully violates Subsection (3)(a) may be required to pay:
323 (i) a civil penalty of up to $250 for each violation; and
324 (ii) a civil penalty of up to $500 for each subsequent violation.
325 (d) The chief election officer may assess the civil penalty in accordance with Title 63,
326 Chapter 46b, Administrative Procedures Act.
327 (e) The chief election officer shall collect the civil penalty by bringing an action:
328 (i) in the district court of a county in which the officeholder's office is located; or
329 (ii) in the case of a statewide officeholder, in the district court for Salt Lake County.
330 (f) An administrative penalty imposed pursuant to this section shall be deposited in the
331 General Fund.
332 Section 8. Section 20A-11-506 is amended to read:
333 20A-11-506. Political party financial reporting requirements -- Year-end
334 summary report.
335 (1) Each party committee shall file a summary report by January 5 of [the year after the
336 regular general election] each year.
337 (2) (a) Each summary report shall include the following information as of December 31

338 of the [regular general election] previous year:
339 (i) the net balance [of] shown on the last summary report, if any;
340 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
341 if any, during the election year;
342 (iii) a single figure equal to the total amount of expenditures reported on all interim
343 reports, if any, filed during the election year;
344 (iv) a detailed listing of each contribution and public service assistance received since
345 the last summary report that has not been reported in detail on an interim report;
346 (v) for each nonmonetary contribution, the fair market value of the contribution;
347 (vi) a detailed listing of each expenditure made since the last summary report that has
348 not been reported in detail on an interim report;
349 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
350 (viii) a net balance for the year, consisting of the net balance from the last summary
351 report, if any, plus all receipts received and minus all expenditures made.
352 (b) (i) For all individual contributions or public service assistance of $50 or less, a
353 single aggregate figure may be reported without separate detailed listings.
354 (ii) Two or more contributions from the same source that have an aggregate total of
355 more than $50 may not be reported in the aggregate, but shall be reported separately.
356 (c) In preparing the report, all receipts and expenditures shall be reported as of
357 December 31 of the [last regular general election] previous year.
358 (3) The summary report shall contain a paragraph signed by the treasurer of the party
359 committee certifying that, to the best of the treasurer's knowledge, all receipts and all
360 expenditures have been reported as of December 31 of the [last regular general election]
361 previous year and that there are no bills or obligations outstanding and unpaid except as set
362 forth in that report.
363 Section 9. Section 20A-11-508 is amended to read:
364 20A-11-508. Political party reporting requirements -- Penalties.
365 (1) (a) [Each] It is unlawful for a registered political party [that fails] to fail to file [the]
366 an interim [reports] report that is due:
367 (i) on September 15; or
368 (ii) before the regular general session [is guilty of a class B misdemeanor].

369 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
370 attorney general.
371 (2) Within 30 days after a deadline for the filing of a summary report required by this
372 part, the lieutenant governor shall review each filed report to ensure that:
373 (a) each political party that is required to file a report has filed one; and
374 (b) each report contains the information required by this part.
375 (3) If it appears that any political party has failed to file a report required by law, if it
376 appears that a filed report does not conform to the law, or if the lieutenant governor has
377 received a written complaint alleging a violation of the law or the falsity of any report, the
378 lieutenant governor shall, within five days of discovery of a violation or receipt of a written
379 complaint, notify the political party of the violation or written complaint and direct the political
380 party to file a summary report correcting the problem.
381 (4) (a) It is unlawful for any political party to fail to file or amend a summary report
382 within 14 days after receiving notice from the lieutenant governor under this section.
383 [(b) Each political party who violates Subsection (4)(a) is guilty of a class B
384 misdemeanor.]
385 [(c)] (b) The lieutenant governor shall report all violations of Subsection (4)(a) to the
386 attorney general.
387 (c) Each political party that willfully violates Subsection (1)(a) or (4)(a) may be
388 required to pay:
389 (i) a civil penalty of up to $250 for each violation; and
390 (ii) a civil penalty of up to $500 for each subsequent violation.
391 (d) The chief election officer may assess the civil penalty in accordance with Title 63,
392 Chapter 46b, Administrative Procedures Act.
393 (e) The chief election officer shall collect the civil penalty by bringing an action in the
394 district court of a county in which the headquarters of the political party is located.
395 (f) An administrative penalty imposed pursuant to this section shall be deposited in the
396 General Fund.
397 Section 10. Section 20A-11-601 is amended to read:
398 20A-11-601. Political action committees -- Registration.
399 (1) (a) Each political action committee shall file a statement of organization with the

400 lieutenant governor's office by January 10 of each year, unless the political action committee
401 has filed a notice of dissolution under Subsection (4).
402 (b) If a political action committee is organized after the January 10 filing date, the
403 political action committee shall file an initial statement of organization no later than seven days
404 after:
405 [(a)] (i) receiving contributions totaling at least $750 [in any calendar year]; or
406 [(b)] (ii) distributing expenditures for political purposes totaling at least $750 [in any
407 calendar year].
408 (c) If January 10 falls on a weekend or holiday, the statement of organization shall be
409 filed by the following business day.
410 (2) Each political action committee shall designate two officers that have primary
411 decision-making authority for the political action committee.
412 [(2)] (3) The statement of organization shall include:
413 (a) the name and street address of the political action committee;
414 (b) the name, street address, phone number, occupation, and title of the two primary
415 officers designated under Subsection (2);
416 [(b)] (c) the name, street address, occupation, and title of [each officer] all other
417 officers of the political action committee;
418 [(c)] (d) the name and street address of the organization, individual corporation,
419 association, unit of government, or union that the political action committee represents, if any;
420 [(d)] (e) the name and street address of all affiliated or connected organizations and
421 their relationships to the political action committee;
422 [(e)] (f) the name, street address, business address, occupation, and phone number of
423 the committee's treasurer or chief financial officer; and
424 [(f)] (g) the name, street address, and occupation of each member of the governing
425 [board] and advisory boards, if any.
426 [(3)] (4) (a) Any registered political action committee that intends to permanently cease
427 operations shall file a notice of dissolution with the lieutenant governor's office.
428 (b) Any notice of dissolution filed by a political action committee does not exempt that
429 political action committee from complying with the financial reporting requirements of this
430 chapter.

431 (5) (a) Unless the political action committee has filed a notice of dissolution under
432 Subsection (4), a political action committee shall file, with the lieutenant governor's office,
433 notice of any change of an officer described in Subsection (2).
434 (b) Notice of a change of a primary officer described in Subsection (2) shall:
435 (i) be filed within ten days of the date of the change; and
436 (ii) contain the name and title of the officer being replaced, and the name, street
437 address, occupation, and title of the new officer.
438 (6) (a) A person is guilty of providing false information in relation to a political action
439 committee if the person intentionally or knowingly gives false or misleading material
440 information in the statement of organization or the notice of change of primary officer.
441 (b) A violation of this Subsection (6) is a third degree felony.
442 Section 11. Section 20A-11-602 is amended to read:
443 20A-11-602. Political action committees -- Financial reporting.
444 (1) (a) Each registered political action committee that has received contributions or
445 made expenditures that total at least $750 during a calendar year shall file a verified financial
446 statement with the lieutenant governor's office on:
447 (i) January 5, reporting contributions and expenditures as of December 31 of the
448 previous year;
449 (ii) September 15; and
450 (iii) seven days before the regular general election.
451 (b) The registered political action committee shall report:
452 (i) a detailed listing of all contributions received and expenditures made since the last
453 statement; and
454 (ii) for financial statements filed on September 15 and before the general election, all
455 contributions and expenditures as of three days before the required filing date of the financial
456 statement.
457 (c) [The] (i) Except as provided in Subsection (1)(c)(ii), the registered political action
458 committee need not file a statement under this section if it received no contributions and made
459 no expenditures [during the reporting period.] since the last filed statement.
460 (ii) Each registered political action committee shall file the January 5 verified financial
461 statement required by Subsection (1)(a)(i) even if it received no contributions and made no

462 expenditures during the previous calendar year.
463 (2) (a) The verified financial statement shall include:
464 (i) the name, address, and occupation of any individual that makes a contribution to the
465 reporting political action committee, and the amount of the contribution;
466 (ii) the identification of any publicly identified class of individuals that makes a
467 contribution to the reporting political action committee, and the amount of the contribution;
468 (iii) the name and address of any political action committee, group, or entity that makes
469 a contribution to the reporting political action committee, and the amount of the contribution;
470 (iv) for each nonmonetary contribution, the fair market value of the contribution;
471 (v) the name and address of each reporting entity that received an expenditure from the
472 reporting political action committee, and the amount of each expenditure;
473 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
474 (vii) the total amount of contributions received and expenditures disbursed by the
475 reporting political action committee;
476 (viii) a paragraph signed by the political action committee's treasurer or chief financial
477 officer verifying that, to the best of the signer's knowledge, the financial report is accurate; and
478 (ix) a summary page in the form required by the lieutenant governor that identifies:
479 (A) beginning balance;
480 (B) total contributions during the period since the last statement;
481 (C) total contributions to date;
482 (D) total expenditures during the period since the last statement; and
483 (E) total expenditures to date.
484 (b) (i) Contributions received by a political action committee that have a value of $50
485 or less need not be reported individually, but shall be listed on the report as an aggregate total.
486 (ii) Two or more contributions from the same source that have an aggregate total of
487 more than $50 may not be reported in the aggregate, but shall be reported separately.
488 Section 12. Section 20A-11-603 is amended to read:
489 20A-11-603. Penalties.
490 (1) (a) [Each] It is unlawful for a political action committee [that fails] to fail to file the
491 statement that is due:
492 (i) on September 15; or

493 (ii) before the regular general session [is guilty of a class B misdemeanor].
494 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
495 attorney general.
496 (2) Within 30 days after a deadline for the filing of the January 5 statement required by
497 this part, the lieutenant governor shall review each filed statement to ensure that:
498 (a) each political action committee that is required to file a statement has filed one; and
499 (b) each statement contains the information required by this part.
500 (3) If it appears that any political action committee has failed to file the January 5
501 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
502 governor has received a written complaint alleging a violation of the law or the falsity of any
503 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
504 of a written complaint, notify the political action committee of the violation or written
505 complaint and direct the political action committee to file a statement correcting the problem.
506 (4) (a) It is unlawful for any political action committee to fail to file or amend a
507 statement within 14 days after receiving notice from the lieutenant governor under this section.
508 [(b) Each political action committee who violates Subsection (4)(a) is guilty of a class
509 B misdemeanor.]
510 [(c)] (b) The lieutenant governor shall report all violations of Subsection (4)(a) to the
511 attorney general.
512 (5) (a) Each political action committee that willfully violates Subsection (1)(a) or (4)(a)
513 may be required to pay:
514 (i) a civil penalty of up to $250 for each violation; and
515 (ii) a civil penalty of up to $500 for each subsequent violation.
516 (b) The chief election officer may assess the civil penalty in accordance with Title 63,
517 Chapter 46b, Administrative Procedures Act.
518 (c) The chief election officer shall collect the civil penalty by bringing an action in the
519 district court of a county in which the headquarters of the political action committee is located.
520 (d) An administrative penalty imposed pursuant to this section shall be deposited in the
521 General Fund.
522 Section 13. Section 20A-11-703 is amended to read:
523 20A-11-703. Penalties.

524 (1) Within 30 days after a deadline for the filing of any statement required by this part,
525 the lieutenant governor shall review each filed statement to ensure that:
526 (a) each corporation that is required to file a statement has filed one; and
527 (b) each statement contains the information required by this part.
528 (2) If it appears that any corporation has failed to file any statement, if it appears that a
529 filed statement does not conform to the law, or if the lieutenant governor has received a written
530 complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor
531 shall, within five days of discovery of a violation or receipt of a written complaint, notify the
532 corporation of the violation or written complaint and direct the corporation to file a statement
533 correcting the problem.
534 (3) (a) It is unlawful for any corporation to fail to file or amend a statement within 14
535 days after receiving notice from the lieutenant governor under this section.
536 [(b) Each corporation who violates Subsection (3)(a) is guilty of a class B
537 misdemeanor.]
538 [(c)] (b) The lieutenant governor shall report all violations of this Subsection (3)(a) to
539 the attorney general.
540 (c) Each corporation that willfully violates Subsection (3)(a) may be required to pay:
541 (i) a civil penalty of up to $250 for each violation; and
542 (ii) a civil penalty of up to $500 for each subsequent violation.
543 (d) The chief election officer may assess the civil penalty in accordance with Title 63,
544 Chapter 46b, Administrative Procedures Act.
545 (e) The chief election officer shall collect the civil penalty by bringing an action in the
546 district court of a county in which the corporation is located.
547 (f) An administrative penalty imposed pursuant to this section shall be deposited in the
548 General Fund.
549 Section 14. Section 20A-11-801 is amended to read:
550 20A-11-801. Political issues committees -- Registration.
551 (1) (a) Each political issues committee shall file a statement of organization with the
552 lieutenant governor's office by January 10 of each year, unless the political issues committee
553 has filed a notice of dissolution under Subsection (4).
554 (b) If a political issues committee is organized after the January 10 filing date, the

555 political issues committee shall file an initial statement of organization no later than seven days
556 after:
557 (i) receiving political issues contributions totaling at least $750; or
558 (ii) disbursing political issues expenditures totaling at least $50 [in any calendar year].
559 (c) If January 10 falls on a weekend or holiday, the statement of organization shall be
560 filed by the following business day.
561 (2) Each political issues committee shall designate two officers that have primary
562 decision-making authority for the political issues committee.
563 [(2)] (3) The statement of organization shall include:
564 (a) the name and street address of the political issues committee;
565 (b) the name, street address, phone number, occupation, and title of the two primary
566 officers designated under Subsection (2);
567 [(b)] (c) the name, street address, occupation, and title of [each officer] all other
568 officers of the political issues committee;
569 [(c)] (d) the name and street address of the organization, individual, corporation,
570 association, unit of government, or union that the political issues committee represents, if any;
571 [(d)] (e) the name and street address of all affiliated or connected organizations and
572 their relationships to the political issues committee;
573 [(e)] (f) the name, street address, business address, occupation, and phone number of
574 the committee's treasurer or chief financial officer;
575 [(f)] (g) the name, street address, and occupation of each member of the supervisory
576 [board] and advisory boards, if any; and
577 [(g)] (h) the ballot proposition whose outcome they wish to affect, and whether they
578 support or oppose it.
579 [(3)] (4) (a) Any registered political issues committee that intends to permanently cease
580 operations during a calendar year shall file a notice of dissolution with the lieutenant governor's
581 office.
582 (b) Any notice of dissolution filed by a political issues committee does not exempt that
583 political issues committee from complying with the financial reporting requirements of this
584 chapter.
585 (5) (a) Unless the political issues committee has filed a notice of dissolution under

586 Subsection (4), a political issues committee shall file, with the lieutenant governor's office,
587 notice of any change of an officer described in Subsection (2).
588 (b) Notice of a change of a primary officer described in Subsection (2) shall:
589 (i) be filed within ten days of the date of the change; and
590 (ii) contain the name and title of the officer being replaced, and the name, street
591 address, occupation, and title of the new officer.
592 (6) (a) A person is guilty of providing false information in relation to a political issues
593 committee if the person intentionally or knowingly gives false or misleading material
594 information in the statement of organization or the notice of change of primary officer.
595 (b) A violation of this Subsection (6) is a third degree felony.
596 Section 15. Section 20A-11-802 is amended to read:
597 20A-11-802. Political issues committees -- Financial reporting.
598 (1) (a) Each registered political issues committee that has received political issues
599 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
600 $50 during a calendar year on current or proposed statewide ballot propositions, to influence an
601 incorporation petition or an incorporation election, or on initiative petitions to be submitted to
602 the Legislature, shall file a verified financial statement with the lieutenant governor's office:
603 (i) on January 5, reporting contributions and expenditures as of December 31 of the
604 previous year;
605 (ii) seven days before the date of an incorporation election, if the political issues
606 committee has received donations or made disbursements to affect an incorporation;
607 (iii) March 1;
608 (iv) June 1;
609 (v) at least three days before the first public hearing held as required by Section
610 20A-7-204.1 ;
611 (vi) at the time the sponsors submit the verified and certified initiative packets to the
612 county clerk as required by Section 20A-7-206 ;
613 (vii) on September 15; and
614 (viii) seven days before the regular general election.
615 (b) The political issues committee shall report:
616 (i) a detailed listing of all contributions received and expenditures made since the last

617 statement; and
618 (ii) for financial statements filed on September 15 and before the general election, all
619 contributions and expenditures as of three days before the required filing date of the financial
620 statement.
621 (c) [The] (i) Except as provided in Subsection (1)(c)(ii), the political issues committee
622 need not file a statement under this section if it received no contributions and made no
623 expenditures [during the reporting period.] since the last filed statement.
624 (ii) Each registered political issues committee shall file the January 5 verified financial
625 statement required by Subsection (1)(a)(i) even if it received no contributions and made no
626 expenditures during the previous calendar year.
627 (2) (a) [That] The verified financial statement shall include:
628 (i) the name, address, and occupation of any individual that makes a political issues
629 contribution to the reporting political issues committee, and the amount of the political issues
630 contribution;
631 (ii) the identification of any publicly identified class of individuals that makes a
632 political issues contribution to the reporting political issues committee, and the amount of the
633 political issues contribution;
634 (iii) the name and address of any political issues committee, group, or entity that makes
635 a political issues contribution to the reporting political issues committee, and the amount of the
636 political issues contribution;
637 (iv) the name and address of each reporting entity that makes a political issues
638 contribution to the reporting political issues committee, and the amount of the political issues
639 contribution;
640 (v) for each nonmonetary contribution, the fair market value of the contribution;
641 (vi) except as provided in Subsection (2)(c), the name and address of each individual,
642 entity, or group of individuals or entities that received a political issues expenditure of more
643 than $50 from the reporting political issues committee, and the amount of each political issues
644 expenditure;
645 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
646 (viii) the total amount of political issues contributions received and political issues
647 expenditures disbursed by the reporting political issues committee;

648 (ix) a paragraph signed by the political issues committee's treasurer or chief financial
649 officer verifying that, to the best of the signer's knowledge, the financial statement is accurate;
650 and
651 (x) a summary page in the form required by the lieutenant governor that identifies:
652 (A) beginning balance;
653 (B) total contributions during the period since the last statement;
654 (C) total contributions to date;
655 (D) total expenditures during the period since the last statement; and
656 (E) total expenditures to date.
657 (b) (i) Political issues contributions received by a political issues committee that have a
658 value of $50 or less need not be reported individually, but shall be listed on the report as an
659 aggregate total.
660 (ii) Two or more political issues contributions from the same source that have an
661 aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
662 separately.
663 (c) When reporting political issue expenditures made to circulators of initiative
664 petitions, the political issues committee:
665 (i) need only report the amount paid to each initiative petition circulator; and
666 (ii) need not report the name or address of the circulator.
667 Section 16. Section 20A-11-803 is amended to read:
668 20A-11-803. Penalties.
669 (1) (a) [Each] It is unlawful for a political issues committee [that fails] to fail to file the
670 statement that is due:
671 (i) on September 15; or
672 (ii) before the regular general session [is guilty of a class B misdemeanor].
673 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
674 attorney general.
675 (2) Within 30 days after a deadline for the filing of the January 5 statement, the
676 lieutenant governor shall review each filed statement to ensure that:
677 (a) each political issues committee that is required to file a statement has filed one; and
678 (b) each statement contains the information required by this part.

679 (3) If it appears that any political issues committee has failed to file the January 5
680 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
681 governor has received a written complaint alleging a violation of the law or the falsity of any
682 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
683 of a written complaint, notify the political issues committee of the violation or written
684 complaint and direct the political issues committee to file a statement correcting the problem.
685 (4) (a) It is unlawful for any political issues committee to fail to file or amend a
686 statement within 14 days after receiving notice from the lieutenant governor under this section.
687 [(b) Each political issues committee who violates Subsection (4)(a) is guilty of a class
688 B misdemeanor.]
689 [(c)] (b) The lieutenant governor shall report all violations of Subsection (4)(a) to the
690 attorney general.
691 (5) (a) Each political issues committee that willfully violates Subsection (1)(a) or (4)(a)
692 may be required to pay:
693 (i) a civil penalty of up to $250 for each violation; and
694 (ii) a civil penalty of up to $500 for each subsequent violation.
695 (b) The chief election officer may assess the civil penalty in accordance with Title 63,
696 Chapter 46b, Administrative Procedures Act.
697 (c) The chief election officer shall collect the civil penalty by bringing an action in the
698 district court of a county in which the headquarters of the political issues committee is located.
699 (d) An administrative penalty imposed pursuant to this section shall be deposited in the
700 General Fund.
701 Section 17. Section 20A-11-1001 is amended to read:
702 20A-11-1001. Means for filing to be prepared and furnished by chief election
703 officer.
704 The chief election officer shall:
705 (1) develop and prepare forms [for] or other methods for filing all statements and
706 reports required by this chapter; and
707 (2) provide instructions for filing, and copies of [the] filing forms, as applicable, to the
708 secretary of every committee, to every candidate, and to all others who request them.
709 Section 18. Section 20A-11-1002 is amended to read:

710 20A-11-1002. Retention and public inspection of reports -- Written complaint if
711 statement is false or unlawful.
712 (1) The chief election officer shall:
713 (a) make each [financial] statement or report required by this chapter:
714 (i) open to public inspection in the office of the chief election officer; and
715 (ii) available for viewing on the Internet at the lieutenant governor's website within
716 seven calendar days after the report is received by the chief election officer;
717 (b) preserve those statements or reports for at least five years; and
718 (c) provide certified copies of the [financial] statements or reports in the same manner
719 as for other public records.
720 (2) Any candidate or voter may file a written complaint with the chief election officer
721 alleging that a filed [financial] statement or report does not conform to law or to the truth.
722 Section 19. Section 20A-11-1302 is amended to read:
723 20A-11-1302. School board office candidate -- Financial reporting requirements
724 -- Year-end summary report.
725 (1) Each school board office candidate shall file a summary report by January 5 of [the
726 year after the regular general election] each year.
727 (2) (a) Each summary report shall include the following information as of December 31
728 of the [last regular general election] previous year:
729 (i) the net balance [of] shown on the last summary report, if any;
730 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
731 if any, during the calendar year in which the summary report is due;
732 (iii) a single figure equal to the total amount of expenditures reported on all interim
733 reports, if any, filed during the election year;
734 (iv) a detailed listing of each receipt, contribution, and public service assistance since
735 the last summary report that has not been reported in detail on an interim report;
736 (v) for each nonmonetary contribution, the fair market value of the contribution;
737 (vi) a detailed listing of each expenditure made since the last summary report that has
738 not been reported in detail on an interim report;
739 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
740 (viii) a net balance for the year, consisting of the net balance from the last summary

741 report, if any, plus all receipts received and minus all expenditures made.
742 (b) (i) For all individual contributions or public service assistance of $50 or less, a
743 single aggregate figure may be reported without separate detailed listings.
744 (ii) Two or more contributions from the same source that have an aggregate total of
745 more than $50 may not be reported in the aggregate, but shall be reported separately.
746 (c) In preparing the report, all receipts and expenditures shall be reported as of
747 December 31 of the [last regular general election] previous year.
748 (3) The summary report shall contain a paragraph signed by the school board office
749 candidate certifying that, to the best of the school board office candidate's knowledge, all
750 receipts and all expenditures have been reported as of December 31 of the [last regular general
751 election] previous year and that there are no bills or obligations outstanding and unpaid except
752 as set forth in that report.
753 (4) School board office candidates reporting under this section need only report
754 receipts received and expenditures made after May 5, 1997.
755 Section 20. Section 20A-11-1305 is amended to read:
756 20A-11-1305. School board office candidate -- Failure to file statement -- Name
757 not printed on ballot -- Filling vacancy.
758 (1) (a) If a school board office candidate fails to file an interim report due before the
759 regular primary election, September 15, and before the regular general election, the chief
760 election officer shall, after making a reasonable attempt to discover if the report was timely
761 mailed and to inform the candidate of the delinquency, inform the county clerk and other
762 appropriate election officials who:
763 (i) shall, if practicable, remove the name of the candidate by blacking out the
764 candidate's name before the ballots are delivered to voters; or
765 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
766 the voters by any practicable method that the candidate has been disqualified and that votes
767 cast for candidate will not be counted; and
768 (iii) may not count any votes for that candidate.
769 (b) Any school board office candidate who fails to file timely a financial statement
770 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
771 Section 20A-1-501 .

772 (c) Notwithstanding Subsection (1)(a) and (1)(b), a school board office candidate is not
773 disqualified if:
774 (i) the candidate files the reports required by this section;
775 (ii) those reports are completed, detailing accurately and completely the information
776 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
777 and
778 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
779 the next scheduled report.
780 (2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
781 for state school board, the lieutenant governor shall review each filed summary report to ensure
782 that:
783 (i) each state school board candidate that is required to file a summary report has filed
784 one; and
785 (ii) each summary report contains the information required by this part.
786 (b) If it appears that any state school board candidate has failed to file the summary
787 report required by law, if it appears that a filed summary report does not conform to the law, or
788 if the lieutenant governor has received a written complaint alleging a violation of the law or the
789 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
790 violation or receipt of a written complaint, notify the state school board candidate of the
791 violation or written complaint and direct the state school board candidate to file a summary
792 report correcting the problem.
793 (c) (i) It is unlawful for any state school board candidate to fail to file or amend a
794 summary report within 14 days after receiving notice from the lieutenant governor under this
795 section.
796 [(ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
797 class B misdemeanor.]
798 [(iii)] (ii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to
799 the attorney general.
800 (iii) Each state school board candidate who willfully violates Subsection (2)(c)(i) may
801 be required to pay:
802 (A) a civil penalty of up to $250 for each violation; and

803 (B) a civil penalty of up to $500 for each subsequent violation.
804 (iv) The chief election officer may assess the civil penalty in accordance with Title 63,
805 Chapter 46b, Administrative Procedures Act.
806 (v) The chief election officer shall collect the civil penalty by bringing an action in the
807 district court in the county in which the state school board candidate resides.
808 (vi) An administrative penalty imposed pursuant to this section shall be deposited in
809 the General Fund.
810 (3) (a) Within 30 days after a deadline for the filing of a summary report, the county
811 clerk shall review each filed summary report to ensure that:
812 (i) each local school board candidate that is required to file a summary report has filed
813 one; and
814 (ii) each summary report contains the information required by this part.
815 (b) If it appears that any local school board candidate has failed to file the summary
816 report required by law, if it appears that a filed summary report does not conform to the law, or
817 if the county clerk has received a written complaint alleging a violation of the law or the falsity
818 of any summary report, the county clerk shall, within five days of discovery of a violation or
819 receipt of a written complaint, notify the local school board candidate of the violation or
820 written complaint and direct the local school board candidate to file a summary report
821 correcting the problem.
822 (c) (i) It is unlawful for any local school board candidate to fail to file or amend a
823 summary report within 14 days after receiving notice from the county clerk under this section.
824 [(ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
825 class B misdemeanor.]
826 [(iii)] (ii) The county clerk shall report all violations of Subsection (3)(c)(i) to the
827 district or county attorney.
828 (iii) Each local school board candidate who willfully violates Subsection (3)(c)(i) may
829 be required to pay:
830 (A) a civil penalty of up to $250 for each violation; and
831 (B) a civil penalty of up to $500 for each subsequent violation.
832 (iv) The chief election officer may assess the civil penalty in accordance with Title 63,
833 Chapter 46b, Administrative Procedures Act.

834 (v) The chief election officer shall collect the civil penalty by bringing an action in the
835 district court in the county in which the local school board candidate resides.
836 (vi) An administrative penalty imposed pursuant to this section shall be deposited in
837 the General Fund.




Legislative Review Note
as of 2-14-06 9:06 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel