H.B. 29

1

ELECTION LAW - FINANCIAL REPORTING
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Bradley M. Daw
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 Committee Note:
9 The Political Subdivisions Interim Committee recommended this bill.
10 General Description:
11 This bill modifies election financial reporting provisions in the Election Code, the
12 Municipal Code, and Title 17, Counties.
13 Highlighted Provisions:
14 This bill:
15 . requires municipalities and counties to make campaign finance disclosure
16 statements that are filed by candidates for elective office available for public
17 copying and inspection no later than the working day following the date of filing;
18 . requires municipalities and counties to either:
19 . post an electronic copy or the contents of the disclosure statement on the
20 municipality's or county's website and provide the link to the lieutenant
21 governor's office; or
22 . submit a copy of the statement for posting on the lieutenant governor's
23 campaign finance disclosure website;
24 . expands the regulation of political issues committees to include committees that
25 receive contributions or make expenditures in relation to local ballot issues, as
26 opposed to prior regulation of only statewide ballot issues;
27 . clarifies definitions;

28 . requires the lieutenant governor to make campaign finance disclosure statements
29 available for public copying and inspection no later than the working day following
30 the date of filing;
31 . provides a statutory requirement for the lieutenant governor to post campaign
32 finance disclosure statements on the Internet;
33 . requires the lieutenant governor to post each campaign finance statement that is
34 provided by a municipality or a county on its website; and
35 . makes technical changes.
36 Monies Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 10-3-208, as last amended by Laws of Utah 2007, Chapter 256
43 17-16-6.5, as last amended by Laws of Utah 2003, Chapter 215
44 20A-11-101, as last amended by Laws of Utah 2004, Chapter 90
45 20A-11-103, as last amended by Laws of Utah 2001, Chapter 166
46 20A-11-802, as last amended by Laws of Utah 2003, Chapters 160 and 304
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 10-3-208 is amended to read:
50 10-3-208. Campaign finance statement in municipal election.
51 (1) As used in this section:
52 (a) "Reporting date" means:
53 (i) ten days before a municipal general election, for a campaign finance statement
54 required to be filed no later than seven days before a municipal general election; and
55 (ii) the day of filing, for a campaign finance statement required to be filed no later than
56 30 days after a municipal primary or general election.
57 (b) "Reporting limit" means:
58 (i) $50; or

59 (ii) an amount lower than $50 that is specified in an ordinance of the municipality.
60 (2) (a) (i) Each candidate for municipal office who is not eliminated at a municipal
61 primary election shall file with the municipal clerk or recorder a campaign finance statement:
62 (A) no later than seven days before the date of the municipal general election; and
63 (B) no later than 30 days after the date of the municipal general election.
64 (ii) Each candidate for municipal office who is eliminated at a municipal primary
65 election shall file with the municipal clerk or recorder a campaign finance statement no later
66 than 30 days after the date of the municipal primary election.
67 (b) Each campaign finance statement under Subsection (2)(a) shall:
68 (i) except as provided in Subsection (2)(b)(ii):
69 (A) report all of the candidate's itemized and total:
70 (I) campaign contributions, including in-kind and other nonmonetary contributions,
71 received before the close of the reporting date; and
72 (II) campaign expenditures made through the close of the reporting date; and
73 (B) identify:
74 (I) for each contribution that exceeds the reporting limit, the amount of the contribution
75 and the name of the donor;
76 (II) the aggregate total of all contributions that individually do not exceed the reporting
77 limit; and
78 (III) for each campaign expenditure, the amount of the expenditure and the name of the
79 recipient of the expenditure; or
80 (ii) report the total amount of all campaign contributions and expenditures if the
81 candidate receives $500 or less in campaign contributions and spends $500 or less on the
82 candidate's campaign.
83 (3) (a) A municipality may, by ordinance:
84 (i) provide a reporting limit lower than $50;
85 (ii) require greater disclosure of campaign contributions and expenditures than is
86 required in this section; and
87 (iii) impose additional penalties on candidates who fail to comply with the applicable
88 requirements beyond those imposed by this section.
89 (b) A candidate for municipal office is subject to the provisions of this section and not

90 the provisions of an ordinance adopted by the municipality under Subsection (3)(a) if:
91 (i) the municipal ordinance establishes requirements or penalties that differ from those
92 established in this section; and
93 (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
94 ordinance as required in Subsection (4).
95 (4) Each municipal clerk or recorder shall, at the time the candidate for municipal
96 office files a declaration of candidacy, and again 14 days before each municipal general
97 election, notify the candidate in writing of:
98 (a) the provisions of statute or municipal ordinance governing the disclosure of
99 campaign contributions and expenditures;
100 (b) the dates when the candidate's campaign finance statement is required to be filed;
101 and
102 (c) the penalties that apply for failure to file a timely campaign finance statement,
103 including the statutory provision that requires removal of the candidate's name from the ballot
104 for failure to file the required campaign finance statement when required.
105 (5) Notwithstanding any provision of Title 63, Chapter 2, Government Records Access
106 and Management Act, the municipal clerk or recorder shall:
107 (a) make each campaign finance statement filed by a candidate available for public
108 inspection and copying no later than one business day after the statement is filed[.]; and
109 (b) make the campaign finance statement filed by a candidate available for public
110 inspection by:
111 (i) (A) posting an electronic copy or the contents of the statement on the municipality's
112 website no later than seven business days after the statement is filed; and
113 (B) verifying that the address of the municipality's website has been provided to the
114 lieutenant governor in order to meet the requirements of Subsection 20A-11-103 (5); or
115 (ii) submitting a copy of the statement to the lieutenant governor for posting on the
116 website established by the lieutenant governor under Section 20A-11-103 no later than two
117 business days after the statement is filed.
118 (6) (a) If a candidate fails to file a campaign finance statement before the municipal
119 general election by the deadline specified in Subsection (2)(a)(i)(A), the municipal clerk or
120 recorder shall inform the appropriate election official who:

121 (i) shall:
122 (A) if practicable, remove the candidate's name from the ballot by blacking out the
123 candidate's name before the ballots are delivered to voters; or
124 (B) if removing the candidate's name from the ballot is not practicable, inform the
125 voters by any practicable method that the candidate has been disqualified and that votes cast for
126 the candidate will not be counted; and
127 (ii) may not count any votes for that candidate.
128 (b) Notwithstanding Subsection (6)(a), a candidate who files a campaign finance
129 statement seven days before a municipal general election is not disqualified if:
130 (i) the statement details accurately and completely the information required under
131 Subsection (2)(b), except for inadvertent omissions or insignificant errors or inaccuracies; and
132 (ii) the omissions, errors, or inaccuracies are corrected in an amended report or in the
133 next scheduled report.
134 (7) A campaign finance statement required under this section is considered filed if it is
135 received in the municipal clerk or recorder's office by 5 p.m. on the date that is it due.
136 (8) (a) A private party in interest may bring a civil action in district court to enforce the
137 provisions of this section or an ordinance adopted under this section.
138 (b) In a civil action under Subsection (8)(a), the court may award costs and attorney's
139 fees to the prevailing party.
140 Section 2. Section 17-16-6.5 is amended to read:
141 17-16-6.5. Campaign financial disclosure in county elections.
142 (1) (a) By January 1, 1996, each county shall adopt an ordinance establishing campaign
143 finance disclosure requirements for candidates for county office.
144 (b) The ordinance shall include:
145 (i) a requirement that each candidate for county office report his itemized and total
146 campaign contributions and expenditures at least once within the two weeks before the election
147 and at least once within two months after the election;
148 (ii) a definition of "contribution" and "expenditure" that requires reporting of
149 nonmonetary contributions such as in-kind contributions and contributions of tangible things;
150 and
151 (iii) a requirement that the financial reports identify:

152 (A) for each contribution of more than $50, the name of the donor of the contribution
153 and the amount of the contribution; and
154 (B) for each expenditure, the name of the recipient and the amount of the expenditure.
155 (2) (a) Except as provided in Subsection (2)(b), if any county fails to adopt a campaign
156 finance disclosure ordinance by January 1, 1996, candidates for county office shall comply
157 with the financial reporting requirements contained in Subsections (3) through (6).
158 (b) If, after August 1, 1995, any county adopts a campaign finance ordinance meeting
159 the requirements of Subsection (1), that county need not comply with the requirements of
160 Subsections (3) through (6).
161 (3) (a) Except as provided in Subsection (3)(b), and if there is no county ordinance
162 meeting the requirements of this section, each candidate for elective office in any county who
163 is not required to submit a campaign financial statement to the lieutenant governor shall file a
164 signed campaign financial statement with the county clerk:
165 (i) seven days before the date of the regular general election, reporting each
166 contribution of more than $50 and each expenditure as of ten days before the date of the regular
167 general election; and
168 (ii) no later than 30 days after the date of the regular general election.
169 (b) Candidates for community council offices are exempt from the requirements of this
170 section.
171 (4) (a) The statement filed seven days before the regular general election shall include:
172 (i) a list of each contribution of more than $50 received by the candidate, and the name
173 of the donor;
174 (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
175 (iii) a list of each expenditure for political purposes made during the campaign period,
176 and the recipient of each expenditure.
177 (b) The statement filed 30 days after the regular general election shall include:
178 (i) a list of each contribution of more than $50 received after the cutoff date for the
179 statement filed seven days before the election, and the name of the donor;
180 (ii) an aggregate total of all contributions of $50 or less received by the candidate after
181 the cutoff date for the statement filed seven days before the election; and
182 (iii) a list of all expenditures for political purposes made by the candidate after the

183 cutoff date for the statement filed seven days before the election, and the recipient of each
184 expenditure.
185 (5) Candidates for elective office in any county who are eliminated at a primary
186 election shall file a signed campaign financial statement containing the information required by
187 this section not later than 30 days after the primary election.
188 (6) Any person who fails to comply with this section is guilty of an infraction.
189 (7) Counties may, by ordinance, enact requirements that:
190 (a) require greater disclosure of campaign contributions and expenditures; and
191 (b) impose additional penalties.
192 (8) (a) If a candidate fails to file an interim report due before the election, the county
193 clerk shall, after making a reasonable attempt to discover if the report was timely mailed,
194 inform the appropriate election officials who:
195 (i) shall, if practicable, remove the name of the candidate by blacking out the
196 candidate's name before the ballots are delivered to voters; or
197 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
198 the voters by any practicable method that the candidate has been disqualified and that votes
199 cast for the candidate will not be counted; and
200 (iii) may not count any votes for that candidate.
201 (b) Notwithstanding Subsection (8)(a), a candidate is not disqualified if:
202 (i) the candidate files the reports required by this section;
203 (ii) those reports are completed, detailing accurately and completely the information
204 required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
205 and
206 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
207 the next scheduled report.
208 (c) A report is considered filed if:
209 (i) it is received in the county clerk's office no later than 5 p.m. on the date that it is
210 due;
211 (ii) it is received in the county clerk's office with a U.S. Postal Service postmark three
212 days or more before the date that the report was due; or
213 (iii) the candidate has proof that the report was mailed, with appropriate postage and

214 addressing, three days before the report was due.
215 (9) (a) Any private party in interest may bring a civil action in district court to enforce
216 the provisions of this section or any ordinance adopted under this section.
217 (b) In a civil action filed under Subsection (9)(a), the court shall award costs and
218 attorney's fees to the prevailing party.
219 (10) Notwithstanding any provision of Title 63, Chapter 2, Government Records
220 Access and Management Act, the county clerk shall:
221 (a) make each campaign finance statement filed by a candidate available for public
222 inspection and copying no later than one business day after the statement is filed; and
223 (b) make the campaign finance statement filed by a candidate available for public
224 inspection by:
225 (i) (A) posting an electronic copy or the contents of the statement on the county's
226 website no later than seven business days after the statement is filed; and
227 (B) verifying that the address of the county's website has been provided to the
228 lieutenant governor in order to meet the requirements of Subsection 20A-11-103 (5); or
229 (ii) submitting a copy of the statement to the lieutenant governor for posting on the
230 website established by the lieutenant governor under Section 20A-11-103 no later than two
231 business days after the statement is filed.
232 Section 3. Section 20A-11-101 is amended to read:
233 20A-11-101. Definitions.
234 As used in this chapter:
235 (1) "Address" means the number and street where an individual resides or where a
236 reporting entity has its principal office.
237 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
238 amendments, and any other ballot propositions submitted to the voters that are authorized by
239 the Utah Code Annotated 1953.
240 (3) "Candidate" means any person who:
241 (a) files a declaration of candidacy for a public office; or
242 (b) receives contributions, makes expenditures, or gives consent for any other person to
243 receive contributions or make expenditures to bring about the person's nomination or election
244 to a public office.

245 (4) "Chief election officer" means:
246 (a) the lieutenant governor for state office candidates, legislative office candidates,
247 officeholders, political parties, political action committees, corporations, political issues
248 committees, and state school board candidates; and
249 (b) the county clerk for local school board candidates.
250 (5) "Continuing political party" means an organization of voters that participated in the
251 last regular general election and polled a total vote equal to 2% or more of the total votes cast
252 for all candidates for the United States House of Representatives.
253 (6) (a) "Contribution" means any of the following when done for political purposes:
254 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
255 value given to the filing entity;
256 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
257 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
258 anything of value to the filing entity;
259 (iii) any transfer of funds from another reporting entity or a corporation to the filing
260 entity;
261 (iv) compensation paid by any person or reporting entity other than the filing entity for
262 personal services provided without charge to the filing entity;
263 (v) remuneration from any organization or its directly affiliated organization that has a
264 registered lobbyist to compensate a legislator for a loss of salary or income while the
265 Legislature is in session;
266 (vi) salaries or other remuneration paid to a legislator by any agency or subdivision of
267 the state, including school districts, for the period the Legislature is in session; and
268 (vii) goods or services provided to or for the benefit of the filing entity at less than fair
269 market value.
270 (b) "Contribution" does not include:
271 (i) services provided without compensation by individuals volunteering a portion or all
272 of their time on behalf of the filing entity; or
273 (ii) money lent to the filing entity by a financial institution in the ordinary course of
274 business.
275 (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business

276 organization that is registered as a corporation or is authorized to do business in a state and
277 makes any expenditure from corporate funds for:
278 (i) political purposes; or
279 (ii) the purpose of influencing the approval or the defeat of any ballot proposition.
280 (b) "Corporation" does not mean:
281 (i) a business organization's political action committee or political issues committee; or
282 (ii) a business entity organized as a partnership or a sole proprietorship.
283 (8) "Detailed listing" means:
284 (a) for each contribution or public service assistance:
285 (i) the name and address of the individual or source making the contribution or public
286 service assistance;
287 (ii) the amount or value of the contribution or public service assistance; and
288 (iii) the date the contribution or public service assistance was made; and
289 (b) for each expenditure:
290 (i) the amount of the expenditure;
291 (ii) the person or entity to whom it was disbursed;
292 (iii) the specific purpose, item, or service acquired by the expenditure; and
293 (iv) the date the expenditure was made.
294 (9) "Election" means each:
295 (a) regular general election;
296 (b) regular primary election; and
297 (c) special election at which candidates are eliminated and selected.
298 (10) (a) "Expenditure" means:
299 (i) any disbursement from contributions, receipts, or from the separate bank account
300 required by this chapter;
301 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
302 or anything of value made for political purposes;
303 (iii) an express, legally enforceable contract, promise, or agreement to make any
304 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
305 value for political purposes;
306 (iv) compensation paid by a corporation or filing entity for personal services rendered

307 by a person without charge to a reporting entity;
308 (v) a transfer of funds between the filing entity and a candidate's personal campaign
309 committee; or
310 (vi) goods or services provided by the filing entity to or for the benefit of another
311 reporting entity for political purposes at less than fair market value.
312 (b) "Expenditure" does not include:
313 (i) services provided without compensation by individuals volunteering a portion or all
314 of their time on behalf of a reporting entity;
315 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
316 business; or
317 (iii) anything listed in Subsection (10)(a) that is given by a corporation or reporting
318 entity to candidates for office or officeholders in states other than Utah.
319 (11) "Filing entity" means the reporting entity that is filing a report required by this
320 chapter.
321 (12) "Financial statement" includes any summary report, interim report, or other
322 statement disclosing contributions, expenditures, receipts, donations, or disbursements that is
323 required by this chapter.
324 (13) "Governing board" means the individual or group of individuals that determine the
325 candidates and committees that will receive expenditures from a political action committee.
326 (14) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
327 Incorporation, by which a geographical area becomes legally recognized as a city or town.
328 (15) "Incorporation election" means the election authorized by Section 10-2-111 .
329 (16) "Incorporation petition" means a petition authorized by Section 10-2-109 .
330 (17) "Individual" means a natural person.
331 (18) "Interim report" means a report identifying the contributions received and
332 expenditures made since the last report.
333 (19) "Legislative office" means the office of state senator, state representative, speaker
334 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
335 whip of any party caucus in either house of the Legislature.
336 (20) "Legislative office candidate" means a person who:
337 (a) files a declaration of candidacy for the office of state senator or state representative;

338 (b) declares himself to be a candidate for, or actively campaigns for, the position of
339 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
340 assistant whip of any party caucus in either house of the Legislature; and
341 (c) receives contributions, makes expenditures, or gives consent for any other person to
342 receive contributions or make expenditures to bring about the person's nomination or election
343 to a legislative office.
344 (21) "Newly registered political party" means an organization of voters that has
345 complied with the petition and organizing procedures of this chapter to become a registered
346 political party.
347 (22) "Officeholder" means a person who holds a public office.
348 (23) "Party committee" means any committee organized by or authorized by the
349 governing board of a registered political party.
350 (24) "Person" means both natural and legal persons, including individuals, business
351 organizations, personal campaign committees, party committees, political action committees,
352 political issues committees, labor unions, and labor organizations.
353 (25) "Personal campaign committee" means the committee appointed by a candidate to
354 act for the candidate as provided in this chapter.
355 (26) (a) "Political action committee" means an entity, or any group of individuals or
356 entities within or outside this state, that solicits or receives contributions from any other person,
357 group, or entity or makes expenditures for political purposes. A group or entity may not divide
358 or separate into units, sections, or smaller groups for the purpose of avoiding the financial
359 reporting requirements of this chapter, and substance shall prevail over form in determining the
360 scope or size of a political action committee.
361 (b) "Political action committee" includes groups affiliated with a registered political
362 party but not authorized or organized by the governing board of the registered political party
363 that receive contributions or makes expenditures for political purposes.
364 (c) "Political action committee" does not mean:
365 (i) a party committee;
366 (ii) any entity that provides goods or services to a candidate or committee in the regular
367 course of its business at the same price that would be provided to the general public;
368 (iii) an individual;

369 (iv) individuals who are related and who make contributions from a joint checking
370 account;
371 (v) a corporation; or
372 (vi) a personal campaign committee.
373 (27) "Political convention" means a county or state political convention held by a
374 registered political party to select candidates.
375 (28) (a) "Political issues committee" means an entity, or any group of individuals or
376 entities within or outside this state, that solicits or receives donations from any other person,
377 group, or entity or makes disbursements to influence, or to intend to influence, directly or
378 indirectly, any person to:
379 (i) assist in placing a [statewide] ballot proposition on the ballot, assist in keeping a
380 [statewide] ballot proposition off the ballot, or refrain from voting or vote for or vote against
381 any [statewide] ballot proposition; or
382 (ii) sign or refuse to sign an incorporation petition or refrain from voting, vote for, or
383 vote against any proposed incorporation in an incorporation election.
384 (b) "Political issues committee" does not mean:
385 (i) a registered political party or a party committee;
386 (ii) any entity that provides goods or services to an individual or committee in the
387 regular course of its business at the same price that would be provided to the general public;
388 (iii) an individual;
389 (iv) individuals who are related and who make contributions from a joint checking
390 account; or
391 (v) a corporation, except a corporation whose apparent purpose is to act as a political
392 issues committee.
393 (29) (a) "Political issues contribution" means any of the following:
394 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
395 anything of value given to a political issues committee;
396 (ii) an express, legally enforceable contract, promise, or agreement to make a political
397 issues donation to influence the approval or defeat of any ballot proposition;
398 (iii) any transfer of funds received by a political issues committee from a reporting
399 entity;

400 (iv) compensation paid by another reporting entity for personal services rendered
401 without charge to a political issues committee; and
402 (v) goods or services provided to or for the benefit of a political issues committee at
403 less than fair market value.
404 (b) "Political issues contribution" does not include:
405 (i) services provided without compensation by individuals volunteering a portion or all
406 of their time on behalf of a political issues committee; or
407 (ii) money lent to a political issues committee by a financial institution in the ordinary
408 course of business.
409 (30) (a) "Political issues expenditure" means any of the following:
410 (i) any payment from political issues contributions made for the purpose of influencing
411 the approval or the defeat of:
412 (A) a [statewide] ballot proposition; or
413 (B) an incorporation petition or incorporation election;
414 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
415 the purpose of influencing the approval or the defeat of:
416 (A) a [statewide] ballot proposition; or
417 (B) an incorporation petition or incorporation election;
418 (iii) an express, legally enforceable contract, promise, or agreement to make any
419 political issues expenditure;
420 (iv) compensation paid by a reporting entity for personal services rendered by a person
421 without charge to a political issues committee; or
422 (v) goods or services provided to or for the benefit of another reporting entity at less
423 than fair market value.
424 (b) "Political issues expenditure" does not include:
425 (i) services provided without compensation by individuals volunteering a portion or all
426 of their time on behalf of a political issues committee; or
427 (ii) money lent to a political issues committee by a financial institution in the ordinary
428 course of business.
429 (31) "Political purposes" means an act done with the intent or in a way to influence or
430 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or

431 against any candidate for public office at any caucus, political convention, primary, or election.
432 (32) "Primary election" means any regular primary election held under the election
433 laws.
434 (33) "Public office" means the office of governor, lieutenant governor, state auditor,
435 state treasurer, attorney general, state or local school board member, state senator, state
436 representative, speaker of the House of Representatives, president of the Senate, and the leader,
437 whip, and assistant whip of any party caucus in either house of the Legislature.
438 (34) (a) "Public service assistance" means the following when given or provided to an
439 officeholder to defray the costs of functioning in a public office or aid the officeholder to
440 communicate with the officeholder's constituents:
441 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
442 money or anything of value to an officeholder; or
443 (ii) goods or services provided at less than fair market value to or for the benefit of the
444 officeholder.
445 (b) "Public service assistance" does not include:
446 (i) anything provided by the state;
447 (ii) services provided without compensation by individuals volunteering a portion or all
448 of their time on behalf of an officeholder;
449 (iii) money lent to an officeholder by a financial institution in the ordinary course of
450 business;
451 (iv) news coverage or any publication by the news media; or
452 (v) any article, story, or other coverage as part of any regular publication of any
453 organization unless substantially all the publication is devoted to information about the
454 officeholder.
455 (35) "Publicly identified class of individuals" means a group of 50 or more individuals
456 sharing a common occupation, interest, or association that contribute to a political action
457 committee or political issues committee and whose names can be obtained by contacting the
458 political action committee or political issues committee upon whose financial report they are
459 listed.
460 (36) "Receipts" means contributions and public service assistance.
461 (37) "Registered lobbyist" means a person registered under Title 36, Chapter 11,

462 Lobbyist Disclosure and Regulation Act.
463 (38) "Registered political action committee" means any political action committee that
464 is required by this chapter to file a statement of organization with the lieutenant governor's
465 office.
466 (39) "Registered political issues committee" means any political issues committee that
467 is required by this chapter to file a statement of organization with the lieutenant governor's
468 office.
469 (40) "Registered political party" means an organization of voters that:
470 (a) participated in the last regular general election and polled a total vote equal to 2%
471 or more of the total votes cast for all candidates for the United States House of Representatives
472 for any of its candidates for any office; or
473 (b) has complied with the petition and organizing procedures of this chapter.
474 (41) "Report" means a verified financial statement.
475 (42) "Reporting entity" means a candidate, a candidate's personal campaign committee,
476 an officeholder, and a party committee, a political action committee, and a political issues
477 committee.
478 (43) "School board office" means the office of state school board or local school board.
479 (44) (a) "Source" means the person or entity that is the legal owner of the tangible or
480 intangible asset that comprises the contribution.
481 (b) "Source" means, for political action committees and corporations, the political
482 action committee and the corporation as entities, not the contributors to the political action
483 committee or the owners or shareholders of the corporation.
484 (45) "State office" means the offices of governor, lieutenant governor, attorney general,
485 state auditor, and state treasurer.
486 (46) "State office candidate" means a person who:
487 (a) files a declaration of candidacy for a state office; or
488 (b) receives contributions, makes expenditures, or gives consent for any other person to
489 receive contributions or make expenditures to bring about the person's nomination or election
490 to a state office.
491 (47) "Summary report" means the year end report containing the summary of a
492 reporting entity's contributions and expenditures.

493 (48) "Supervisory board" means the individual or group of individuals that allocate
494 expenditures from a political issues committee.
495 Section 4. Section 20A-11-103 is amended to read:
496 20A-11-103. Reports -- Form of submission -- Public availability -- Notice of
497 local filings.
498 (1) (a) (i) Ten days before a report from a state office candidate, legislative office
499 candidate, state school board candidate, political party, political action committee, political
500 issues committee, or judge is due under this chapter, the lieutenant governor shall inform those
501 candidates, judges, and entities by postal mail or, if requested by the candidate, judge, party, or
502 committee, by electronic mail:
503 (A) that the report is due; and
504 (B) the date that the report is due.
505 (ii) In addition to the information required by Subsection (1)(a)(i) and in the same
506 mailing, ten days before the interim reports for candidates or judges are due, the lieutenant
507 governor shall inform the candidate or judge that if the report is not received in the lieutenant
508 governor's office by 5 p.m. on the date that it is due, voters will be informed that the candidate
509 or judge has been disqualified and any votes cast for the candidate or judge will not be counted.
510 (iii) In addition to the information required by Subsection (1)(a)(i) and in the same
511 mailing, ten days before the interim reports or verified financial statements for entities that are
512 due September 15 and before the regular general election are due, and ten days before summary
513 reports or January 5 financial statements are due, the lieutenant governor shall inform the
514 entity, candidate, judge, or officeholder that if the report is not received in the lieutenant
515 governor's office by the date that it is due, the entity, candidate, judge, or officeholder may be
516 guilty of a class B misdemeanor for failing to file the report or statement.
517 (b) Ten days before a report from a local school board candidate is due under this
518 chapter, the county clerk shall inform the candidate by postal mail or, if requested, by
519 electronic mail:
520 (i) that the report is due;
521 (ii) the date that the report is due; and
522 (iii) if the report is not received in the county clerk's office by 5 p.m. on the date that it
523 is due, voters will be informed that the candidate has been disqualified and any votes cast for

524 the candidate will not be counted.
525 (2) Persons or entities submitting reports required by this chapter may submit them:
526 (a) on paper, printed, typed, or legibly handwritten or hand printed;
527 (b) on a computer disk according to specifications established by the chief election
528 officer that protect against fraudulent filings and secure the accuracy of the information
529 contained on the computer disk;
530 (c) via fax; or
531 (d) via electronic mail according to specifications established by the chief election
532 officer.
533 (3) A report is considered filed if:
534 (a) it is received in the chief election officer's office no later than 5:00 p.m. on the date
535 that it is due;
536 (b) it is received in the chief election officer's office with a postmark three days or
537 more before the date that the report was due; or
538 (c) the candidate, judge, or entity has proof that the report was mailed, with appropriate
539 postage and addressing, three days before the report was due.
540 (4) Notwithstanding any provision of Title 63, Chapter 2, Government Records Access
541 and Management Act, the lieutenant governor shall:
542 (a) make each campaign finance statement filed by a candidate available for public
543 inspection and copying no later than one business day after the statement is filed; and
544 (b) post an electronic copy or the contents of each campaign finance statement on a
545 website established by the lieutenant governor:
546 (i) for campaign finance statements submitted to the lieutenant governor under the
547 requirements of Section 10-3-208 or Section 17-16-6.5 , no later than seven business days after
548 the date of receipt of the campaign finance statement; or
549 (ii) for a campaign finance statement filed under the requirements of this chapter, no
550 later than seven business days after the date the statement is due.
551 (5) If a municipality, under Section 10-3-208 , or a county, under Section 17-16-6.5 ,
552 elects to provide campaign finance disclosure on its own websites, rather than through the
553 lieutenant governor, the website established by the lieutenant governor shall contain a link or
554 other access point to the municipality or county website.

555 Section 5. Section 20A-11-802 is amended to read:
556 20A-11-802. Political issues committees -- Financial reporting.
557 (1) (a) Each registered political issues committee that has received political issues
558 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
559 $50 during a calendar year [on current or proposed statewide ballot propositions, to influence
560 an incorporation petition or an incorporation election, or on initiative petitions to be submitted
561 to the Legislature], shall file a verified financial statement with the lieutenant governor's office:
562 (i) on January 5, reporting contributions and expenditures as of December 31 of the
563 previous year;
564 (ii) seven days before the date of an incorporation election, if the political issues
565 committee has received donations or made disbursements to affect an incorporation;
566 (iii) March 1;
567 (iv) June 1;
568 (v) at least three days before the first public hearing held as required by Section
569 20A-7-204.1 ;
570 (vi) at the time the sponsors submit the verified and certified initiative packets to the
571 county clerk as required by Section 20A-7-206 ;
572 (vii) on September 15; and
573 (viii) seven days before the regular general election.
574 (b) The political issues committee shall report:
575 (i) a detailed listing of all contributions received and expenditures made since the last
576 statement; and
577 (ii) for financial statements filed on September 15 and before the general election, all
578 contributions and expenditures as of three days before the required filing date of the financial
579 statement.
580 (c) The political issues committee need not file a statement under this section if it
581 received no contributions and made no expenditures during the reporting period.
582 (2) (a) That statement shall include:
583 (i) the name, address, and occupation of any individual that makes a political issues
584 contribution to the reporting political issues committee, and the amount of the political issues
585 contribution;

586 (ii) the identification of any publicly identified class of individuals that makes a
587 political issues contribution to the reporting political issues committee, and the amount of the
588 political issues contribution;
589 (iii) the name and address of any political issues committee, group, or entity that makes
590 a political issues contribution to the reporting political issues committee, and the amount of the
591 political issues contribution;
592 (iv) the name and address of each reporting entity that makes a political issues
593 contribution to the reporting political issues committee, and the amount of the political issues
594 contribution;
595 (v) for each nonmonetary contribution, the fair market value of the contribution;
596 (vi) except as provided in Subsection (2)(c), the name and address of each individual,
597 entity, or group of individuals or entities that received a political issues expenditure of more
598 than $50 from the reporting political issues committee, and the amount of each political issues
599 expenditure;
600 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
601 (viii) the total amount of political issues contributions received and political issues
602 expenditures disbursed by the reporting political issues committee;
603 (ix) a paragraph signed by the political issues committee's treasurer or chief financial
604 officer verifying that, to the best of the signer's knowledge, the financial statement is accurate;
605 and
606 (x) a summary page in the form required by the lieutenant governor that identifies:
607 (A) beginning balance;
608 (B) total contributions during the period since the last statement;
609 (C) total contributions to date;
610 (D) total expenditures during the period since the last statement; and
611 (E) total expenditures to date.
612 (b) (i) Political issues contributions received by a political issues committee that have a
613 value of $50 or less need not be reported individually, but shall be listed on the report as an
614 aggregate total.
615 (ii) Two or more political issues contributions from the same source that have an
616 aggregate total of more than $50 may not be reported in the aggregate, but shall be reported

617 separately.
618 (c) When reporting political issue expenditures made to circulators of initiative
619 petitions, the political issues committee:
620 (i) need only report the amount paid to each initiative petition circulator; and
621 (ii) need not report the name or address of the circulator.




Legislative Review Note
as of 10-22-07 10:35 AM

Office of Legislative Research and General Counsel