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First Substitute S.B. 21
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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to campaign finance disclosure.
11 Highlighted Provisions:
12 This bill:
13 . requires a candidate to receive notice that they must comply with financial
14 disclosure laws at the time the candidate files for office;
15 . requires candidates for state constitutional office and the Legislature and applicable
16 local candidates to receive notice of the obligation to file a pre-convention report
17 when the candidate files for office;
18 . consolidates definitions for clarity and consistency;
19 . clarifies the election officer's obligations to provide notice that certain campaign
20 financial statements are due;
21 . provides that the election officer is not required to send advance notice of the
22 requirement to file a report due before a convention or a report due in relation to a
23 public hearing conducted on a proposed initiative;
24 . specifies what information the notices sent by the election officer must contain;
25 . requires that election-related financial reports that were previously due on
26 September 15, are due by August 31;
27 . requires that reports due on August 31 be filed by every candidate, rather than only
28 by those that are opposed;
29 . requires that year end summary reports that were previously due on January 5, are
30 due by January 10;
31 . removes outdated filing guidelines;
32 . requires that reports due before a political convention or primary election be filed by
33 all candidates, rather than only by those candidates that are opposed in the political
34 convention or primary election;
35 . requires that beginning with the 2008 regular general election, a former candidate
36 for state office, legislative office, or school board office must file an annual
37 summary report by January 10 of each year if the former candidate has not filed a
38 statement of dissolution of the former candidate's campaign account;
39 . requires that political action committees be required to file a statement of
40 organization after making expenditures of $50 or more, rather than $750, in order to
41 be consistent with the threshold for political issues committees;
42 . removes requirements for corporations to file reports on March 1 and June 1 in
43 relation to donations to political issues committees;
44 . removes requirements for political issues committees to file reports on March 1 and
45 June 1;
46 . provides that all filers have five days after the reporting period ends to prepare a
47 financial report;
48 . adds a requirement for political issues committees to file a financial report at the
49 time a verified referendum packet is submitted;
50 . requires a state school board office candidate to file a May 15 financial report; and
51 . makes technical changes.
52 Monies Appropriated in this Bill:
53 None
54 Other Special Clauses:
55 This bill provides an immediate effective date.
56 This bill coordinates with S.B. 12, Election Law Modifications by providing
57 substantive amendments.
58 Utah Code Sections Affected:
59 AMENDS:
60 20A-9-201, as last amended by Laws of Utah 2007, Chapters 83 and 97
61 20A-11-101, as last amended by Laws of Utah 2004, Chapter 90
62 20A-11-103, as last amended by Laws of Utah 2001, Chapter 166
63 20A-11-203, as last amended by Laws of Utah 1997, Chapter 355
64 20A-11-204, as last amended by Laws of Utah 1999, Chapter 93
65 20A-11-206, as last amended by Laws of Utah 1999, Chapter 93
66 20A-11-302, as last amended by Laws of Utah 1997, Chapter 355
67 20A-11-303, as last amended by Laws of Utah 1999, Chapter 93
68 20A-11-305, as last amended by Laws of Utah 1999, Chapter 93
69 20A-11-401, as last amended by Laws of Utah 2007, Chapter 233
70 20A-11-506, as last amended by Laws of Utah 1997, Chapter 355
71 20A-11-507, as last amended by Laws of Utah 1997, Chapter 355
72 20A-11-508, as last amended by Laws of Utah 2006, Chapter 16
73 20A-11-601, as last amended by Laws of Utah 2006, Chapter 226
74 20A-11-602, as last amended by Laws of Utah 1999, Chapters 45 and 86
75 20A-11-603, as enacted by Laws of Utah 1997, Chapter 355
76 20A-11-701, as last amended by Laws of Utah 1998, Chapter 40
77 20A-11-702, as last amended by Laws of Utah 2003, Chapters 160 and 304
78 20A-11-802, as last amended by Laws of Utah 2003, Chapters 160 and 304
79 20A-11-803, as enacted by Laws of Utah 1997, Chapter 355
80 20A-11-1302, as enacted by Laws of Utah 1997, Chapter 355
81 20A-11-1303, as enacted by Laws of Utah 1997, Chapter 355
82 20A-11-1305, as last amended by Laws of Utah 2003, Chapter 215
83 20A-12-304, as enacted by Laws of Utah 2001, Chapter 166
84
85 Be it enacted by the Legislature of the state of Utah:
86 Section 1. Section 20A-9-201 is amended to read:
87 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
88 more than one political party prohibited with exceptions -- General filing and form
89 requirements.
90 (1) Before filing a declaration of candidacy for election to any office, a person shall:
91 (a) be a United States citizen; and
92 (b) meet the legal requirements of that office.
93 (2) (a) Except as provided in Subsection (2)(b), a person may not:
94 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
95 Utah during any election year; or
96 (ii) appear on the ballot as the candidate of more than one political party.
97 (b) A person may file a declaration of candidacy for, or be a candidate for, President or
98 Vice President of the United States and another office, if the person resigns the person's
99 candidacy for the other office after the person is officially nominated for President or Vice
100 President of the United States.
101 (3) If the final date established for filing a declaration of candidacy is a Saturday or
102 Sunday, the filing time shall be extended until 5 p.m. on the following business day.
103 (4) (a) (i) Except for presidential candidates, before the filing officer may accept any
104 declaration of candidacy, the filing officer shall:
105 (A) read to the prospective candidate the constitutional and statutory qualification
106 requirements for the office that the candidate is seeking; and
107 (B) require the candidate to state whether or not the candidate meets those
108 requirements.
109 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
110 county clerk shall ensure that the person filing that declaration of candidacy is:
111 (A) a United States citizen;
112 (B) an attorney licensed to practice law in Utah who is an active member in good
113 standing of the Utah State Bar;
114 (C) a registered voter in the county in which he is seeking office; and
115 (D) a current resident of the county in which he is seeking office and either has been a
116 resident of that county for at least one year or was appointed and is currently serving as county
117 attorney and became a resident of the county within 30 days after appointment to the office.
118 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
119 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
120 candidacy is:
121 (A) a United States citizen;
122 (B) an attorney licensed to practice law in Utah who is an active member in good
123 standing of the Utah State Bar;
124 (C) a registered voter in the prosecution district in which he is seeking office; and
125 (D) a current resident of the prosecution district in which he is seeking office and either
126 will have been a resident of that prosecution district for at least one year as of the date of the
127 election or was appointed and is currently serving as district attorney and became a resident of
128 the prosecution district within 30 days after receiving appointment to the office.
129 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
130 county clerk shall ensure that the person filing the declaration of candidacy:
131 (A) as of the date of filing:
132 (I) is a United States citizen;
133 (II) is a registered voter in the county in which the person seeks office;
134 (III) (Aa) has successfully met the standards and training requirements established for
135 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
136 Certification Act; or
137 (Bb) has passed a certification examination as provided in Section 53-6-206 ; and
138 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
139 53-13-103 ; and
140 (B) as of the date of the election, shall have been a resident of the county in which the
141 person seeks office for at least one year.
142 (b) If the prospective candidate states that he does not meet the qualification
143 requirements for the office, the filing officer may not accept the prospective candidate's
144 declaration of candidacy.
145 (c) If the candidate states that he meets the requirements of candidacy, the filing officer
146 shall:
147 (i) inform the candidate that:
148 (A) the candidate's name will appear on the ballot as it is written on the declaration of
149 candidacy;
150 (B) the candidate may be required to comply with state or local campaign finance
151 disclosure laws; and
152 (C) the candidate is required to file a financial statement before the candidate's political
153 convention under:
154 (I) Section 20A-11-204 for a candidate for constitutional office;
155 (II) Section 20A-11-303 for a candidate for the Legislature; or
156 (III) local campaign finance disclosure laws, if applicable;
157 (ii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
158 Electronic Voter Information Website Program and inform the candidate of the submission
159 deadline under Subsection 20A-7-801 (4)(a);
160 (iii) provide the candidate with a copy of the pledge of fair campaign practices
161 described under Section 20A-9-206 and inform the candidate that:
162 (A) signing the pledge is voluntary; and
163 (B) signed pledges shall be filed with the filing officer;
164 (iv) accept the candidate's declaration of candidacy; and
165 (v) if the candidate has filed for a partisan office, provide a certified copy of the
166 declaration of candidacy to the chair of the county or state political party of which the
167 candidate is a member.
168 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
169 officer shall:
170 (i) accept the candidate's pledge; and
171 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
172 candidate's pledge to the chair of the county or state political party of which the candidate is a
173 member.
174 (5) Except for presidential candidates, the form of the declaration of candidacy shall be
175 substantially as follows:
176 "State of Utah, County of ____
177 I, ______________, declare my intention of becoming a candidate for the office of
178 ____ as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that
179 office, both legally and constitutionally, if selected; I reside at _____________ in the City or
180 Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law
181 governing campaigns and elections; and I will qualify for the office if elected to it. The
182 mailing address that I designate for receiving official election notices is
183 ___________________________.
184 ____________________________________________________________________
185 Subscribed and sworn before me this __________(month\day\year).
186
Notary Public (or other officer qualified to administer oath.)"
187 (6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
188 is:
189 (i) $25 for candidates for the local school district board; and
190 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
191 holding the office, but not less than $5, for all other federal, state, and county offices.
192 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
193 any candidate:
194 (i) who is disqualified; or
195 (ii) who the filing officer determines has filed improperly.
196 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
197 from candidates.
198 (ii) The lieutenant governor shall:
199 (A) apportion to and pay to the county treasurers of the various counties all fees
200 received for filing of nomination certificates or acceptances; and
201 (B) ensure that each county receives that proportion of the total amount paid to the
202 lieutenant governor from the congressional district that the total vote of that county for all
203 candidates for representative in Congress bears to the total vote of all counties within the
204 congressional district for all candidates for representative in Congress.
205 (d) (i) Each person who is unable to pay the filing fee may file a declaration of
206 candidacy without payment upon a prima facie showing of impecuniosity as evidenced by an
207 affidavit of impecuniosity filed with the filing officer.
208 (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
209 substantially the following form:
210 "Affidavit of Impecuniosity
211 Individual Name
212 ____________________________Address_____________________________
213 Phone Number _________________
214 I,__________________________(name), do solemnly [swear] [affirm] that, owing to my
215 poverty, I am unable to pay the filing fee required by law.
216 Date ______________ Signature________________________________________________
217 Affiant
218 Subscribed and sworn to before me on ___________ (month\day\year)
219
______________________
220
(signature)
221 Name and Title of Officer Authorized to Administer Oath
______________________"
222 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
223 within the time provided in this chapter is ineligible for nomination to office.
224 (8) A declaration of candidacy filed under this section may not be amended or
225 modified after the final date established for filing a declaration of candidacy.
226 Section 2. Section 20A-11-101 is amended to read:
227 20A-11-101. Definitions.
228 As used in this chapter:
229 (1) "Address" means the number and street where an individual resides or where a
230 reporting entity has its principal office.
231 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
232 amendments, and any other ballot propositions submitted to the voters that are authorized by
233 the Utah Code Annotated 1953.
234 (3) "Candidate" means any person who:
235 (a) files a declaration of candidacy for a public office; or
236 (b) receives contributions, makes expenditures, or gives consent for any other person to
237 receive contributions or make expenditures to bring about the person's nomination or election
238 to a public office.
239 (4) "Chief election officer" means:
240 (a) the lieutenant governor for state office candidates, legislative office candidates,
241 officeholders, political parties, political action committees, corporations, political issues
242 committees, and state school board candidates; and
243 (b) the county clerk for local school board candidates.
244 (5) "Continuing political party" means an organization of voters that participated in the
245 last regular general election and polled a total vote equal to 2% or more of the total votes cast
246 for all candidates for the United States House of Representatives.
247 (6) (a) "Contribution" means any of the following when done for political purposes:
248 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
249 value given to the filing entity;
250 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
251 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
252 anything of value to the filing entity;
253 (iii) any transfer of funds from another reporting entity or a corporation to the filing
254 entity;
255 (iv) compensation paid by any person or reporting entity other than the filing entity for
256 personal services provided without charge to the filing entity;
257 (v) remuneration from any organization or its directly affiliated organization that has a
258 registered lobbyist to compensate a legislator for a loss of salary or income while the
259 Legislature is in session;
260 (vi) salaries or other remuneration paid to a legislator by any agency or subdivision of
261 the state, including school districts, for the period the Legislature is in session; and
262 (vii) goods or services provided to or for the benefit of the filing entity at less than fair
263 market value.
264 (b) "Contribution" does not include:
265 (i) services provided without compensation by individuals volunteering a portion or all
266 of their time on behalf of the filing entity; or
267 (ii) money lent to the filing entity by a financial institution in the ordinary course of
268 business.
269 (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
270 organization that is registered as a corporation or is authorized to do business in a state and
271 makes any expenditure from corporate funds for:
272 (i) political purposes; or
273 (ii) the purpose of influencing the approval or the defeat of any ballot proposition.
274 (b) "Corporation" does not mean:
275 (i) a business organization's political action committee or political issues committee; or
276 (ii) a business entity organized as a partnership or a sole proprietorship.
277 (8) "Detailed listing" means:
278 (a) for each contribution or public service assistance:
279 (i) the name and address of the individual or source making the contribution or public
280 service assistance;
281 (ii) the amount or value of the contribution or public service assistance; and
282 (iii) the date the contribution or public service assistance was made; and
283 (b) for each expenditure:
284 (i) the amount of the expenditure;
285 (ii) the person or entity to whom it was disbursed;
286 (iii) the specific purpose, item, or service acquired by the expenditure; and
287 (iv) the date the expenditure was made.
288 (9) "Election" means each:
289 (a) regular general election;
290 (b) regular primary election; and
291 (c) special election at which candidates are eliminated and selected.
292 (10) (a) "Expenditure" means:
293 (i) any disbursement from contributions, receipts, or from the separate bank account
294 required by this chapter;
295 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
296 or anything of value made for political purposes;
297 (iii) an express, legally enforceable contract, promise, or agreement to make any
298 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
299 value for political purposes;
300 (iv) compensation paid by a corporation or filing entity for personal services rendered
301 by a person without charge to a reporting entity;
302 (v) a transfer of funds between the filing entity and a candidate's personal campaign
303 committee; or
304 (vi) goods or services provided by the filing entity to or for the benefit of another
305 reporting entity for political purposes at less than fair market value.
306 (b) "Expenditure" does not include:
307 (i) services provided without compensation by individuals volunteering a portion or all
308 of their time on behalf of a reporting entity;
309 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
310 business; or
311 (iii) anything listed in Subsection (10)(a) that is given by a corporation or reporting
312 entity to candidates for office or officeholders in states other than Utah.
313 (11) "Filing entity" means the reporting entity that is filing a [
314 statement required by this chapter.
315 (12) "Financial statement" includes any summary report, interim report, verified
316 financial statement, or other statement disclosing contributions, expenditures, receipts,
317 donations, or disbursements that is required by this chapter.
318 (13) "Governing board" means the individual or group of individuals that determine the
319 candidates and committees that will receive expenditures from a political action committee.
320 (14) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
321 Incorporation, by which a geographical area becomes legally recognized as a city or town.
322 (15) "Incorporation election" means the election authorized by Section 10-2-111 .
323 (16) "Incorporation petition" means a petition authorized by Section 10-2-109 .
324 (17) "Individual" means a natural person.
325 (18) "Interim report" means a report identifying the contributions received and
326 expenditures made since the last report.
327 (19) "Legislative office" means the office of state senator, state representative, speaker
328 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
329 whip of any party caucus in either house of the Legislature.
330 (20) "Legislative office candidate" means a person who:
331 (a) files a declaration of candidacy for the office of state senator or state representative;
332 (b) declares himself to be a candidate for, or actively campaigns for, the position of
333 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
334 assistant whip of any party caucus in either house of the Legislature; and
335 (c) receives contributions, makes expenditures, or gives consent for any other person to
336 receive contributions or make expenditures to bring about the person's nomination or election
337 to a legislative office.
338 (21) "Newly registered political party" means an organization of voters that has
339 complied with the petition and organizing procedures of this chapter to become a registered
340 political party.
341 (22) "Officeholder" means a person who holds a public office.
342 (23) "Party committee" means any committee organized by or authorized by the
343 governing board of a registered political party.
344 (24) "Person" means both natural and legal persons, including individuals, business
345 organizations, personal campaign committees, party committees, political action committees,
346 political issues committees, labor unions, and labor organizations.
347 (25) "Personal campaign committee" means the committee appointed by a candidate to
348 act for the candidate as provided in this chapter.
349 (26) (a) "Political action committee" means an entity, or any group of individuals or
350 entities within or outside this state, that solicits or receives contributions from any other person,
351 group, or entity or makes expenditures for political purposes. A group or entity may not divide
352 or separate into units, sections, or smaller groups for the purpose of avoiding the financial
353 reporting requirements of this chapter, and substance shall prevail over form in determining the
354 scope or size of a political action committee.
355 (b) "Political action committee" includes groups affiliated with a registered political
356 party but not authorized or organized by the governing board of the registered political party
357 that receive contributions or makes expenditures for political purposes.
358 (c) "Political action committee" does not mean:
359 (i) a party committee;
360 (ii) any entity that provides goods or services to a candidate or committee in the regular
361 course of its business at the same price that would be provided to the general public;
362 (iii) an individual;
363 (iv) individuals who are related and who make contributions from a joint checking
364 account;
365 (v) a corporation; or
366 (vi) a personal campaign committee.
367 (27) "Political convention" means a county or state political convention held by a
368 registered political party to select candidates.
369 (28) (a) "Political issues committee" means an entity, or any group of individuals or
370 entities within or outside this state, that solicits or receives donations from any other person,
371 group, or entity or makes disbursements to influence, or to intend to influence, directly or
372 indirectly, any person to:
373 (i) assist in placing a statewide ballot proposition on the ballot, assist in keeping a
374 statewide ballot proposition off the ballot, or refrain from voting or vote for or vote against any
375 statewide ballot proposition; or
376 (ii) sign or refuse to sign an incorporation petition or refrain from voting, vote for, or
377 vote against any proposed incorporation in an incorporation election.
378 (b) "Political issues committee" does not mean:
379 (i) a registered political party or a party committee;
380 (ii) any entity that provides goods or services to an individual or committee in the
381 regular course of its business at the same price that would be provided to the general public;
382 (iii) an individual;
383 (iv) individuals who are related and who make contributions from a joint checking
384 account; or
385 (v) a corporation, except a corporation whose apparent purpose is to act as a political
386 issues committee.
387 (29) (a) "Political issues contribution" means any of the following:
388 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
389 anything of value given to a political issues committee;
390 (ii) an express, legally enforceable contract, promise, or agreement to make a political
391 issues donation to influence the approval or defeat of any ballot proposition;
392 (iii) any transfer of funds received by a political issues committee from a reporting
393 entity;
394 (iv) compensation paid by another reporting entity for personal services rendered
395 without charge to a political issues committee; and
396 (v) goods or services provided to or for the benefit of a political issues committee at
397 less than fair market value.
398 (b) "Political issues contribution" does not include:
399 (i) services provided without compensation by individuals volunteering a portion or all
400 of their time on behalf of a political issues committee; or
401 (ii) money lent to a political issues committee by a financial institution in the ordinary
402 course of business.
403 (30) (a) "Political issues expenditure" means any of the following:
404 (i) any payment from political issues contributions made for the purpose of influencing
405 the approval or the defeat of a statewide ballot proposition;
406 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
407 the purpose of influencing the approval or the defeat of a statewide ballot proposition;
408 (iii) an express, legally enforceable contract, promise, or agreement to make any
409 political issues expenditure;
410 (iv) compensation paid by a reporting entity for personal services rendered by a person
411 without charge to a political issues committee; or
412 (v) goods or services provided to or for the benefit of another reporting entity at less
413 than fair market value.
414 (b) "Political issues expenditure" does not include:
415 (i) services provided without compensation by individuals volunteering a portion or all
416 of their time on behalf of a political issues committee; or
417 (ii) money lent to a political issues committee by a financial institution in the ordinary
418 course of business.
419 (31) "Political purposes" means an act done with the intent or in a way to influence or
420 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
421 against any candidate for public office at any caucus, political convention, primary, or election.
422 (32) "Primary election" means any regular primary election held under the election
423 laws.
424 (33) "Public office" means the office of governor, lieutenant governor, state auditor,
425 state treasurer, attorney general, state or local school board member, state senator, state
426 representative, speaker of the House of Representatives, president of the Senate, and the leader,
427 whip, and assistant whip of any party caucus in either house of the Legislature.
428 (34) (a) "Public service assistance" means the following when given or provided to an
429 officeholder to defray the costs of functioning in a public office or aid the officeholder to
430 communicate with the officeholder's constituents:
431 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
432 money or anything of value to an officeholder; or
433 (ii) goods or services provided at less than fair market value to or for the benefit of the
434 officeholder.
435 (b) "Public service assistance" does not include:
436 (i) anything provided by the state;
437 (ii) services provided without compensation by individuals volunteering a portion or all
438 of their time on behalf of an officeholder;
439 (iii) money lent to an officeholder by a financial institution in the ordinary course of
440 business;
441 (iv) news coverage or any publication by the news media; or
442 (v) any article, story, or other coverage as part of any regular publication of any
443 organization unless substantially all the publication is devoted to information about the
444 officeholder.
445 (35) "Publicly identified class of individuals" means a group of 50 or more individuals
446 sharing a common occupation, interest, or association that contribute to a political action
447 committee or political issues committee and whose names can be obtained by contacting the
448 political action committee or political issues committee upon whose financial report they are
449 listed.
450 (36) "Receipts" means contributions and public service assistance.
451 (37) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
452 Lobbyist Disclosure and Regulation Act.
453 (38) "Registered political action committee" means any political action committee that
454 is required by this chapter to file a statement of organization with the lieutenant governor's
455 office.
456 (39) "Registered political issues committee" means any political issues committee that
457 is required by this chapter to file a statement of organization with the lieutenant governor's
458 office.
459 (40) "Registered political party" means an organization of voters that:
460 (a) participated in the last regular general election and polled a total vote equal to 2%
461 or more of the total votes cast for all candidates for the United States House of Representatives
462 for any of its candidates for any office; or
463 (b) has complied with the petition and organizing procedures of this chapter.
464 [
465 [
466 committee, an officeholder, [
467 political issues committee.
468 [
469 board.
470 [
471 tangible or intangible asset that comprises the contribution.
472 (b) "Source" means, for political action committees and corporations, the political
473 action committee and the corporation as entities, not the contributors to the political action
474 committee or the owners or shareholders of the corporation.
475 [
476 general, state auditor, and state treasurer.
477 [
478 (a) files a declaration of candidacy for a state office; or
479 (b) receives contributions, makes expenditures, or gives consent for any other person to
480 receive contributions or make expenditures to bring about the person's nomination or election
481 to a state office.
482 [
483 reporting entity's contributions and expenditures.
484 [
485 allocate expenditures from a political issues committee.
486 Section 3. Section 20A-11-103 is amended to read:
487 20A-11-103. Notice of pending interim and summary reports -- Form of
488 submission.
489 (1) (a) [
490 financial statement from a state office candidate, legislative office candidate, officeholder, state
491 school board candidate, political party, political action committee, political issues committee,
492 or judge is due under this chapter, the lieutenant governor shall inform those candidates,
493 officeholders, parties, committees, and judges[
494 the candidate, [
495 [
496 [
497 [
498
499
500 reference to the interim report due before the regular general election, or to a candidate in
501 reference to an interim report due before the regular primary election, on August 31, or before
502 the regular general election, that if the report is not [
503
504 judge has been disqualified and any votes cast for the candidate or judge will not be counted[
505 [
506
507
508
509
510
511 notification is sent to a political party, political action committee, or political issues committee
512 in reference to an interim report or a verified financial statement, that the entity may be guilty
513 of a class B misdemeanor for failing to file the report or statement[
514 (v) if the notification is in reference to a summary report, that the candidate,
515 officeholder, party, committee, or judge may be guilty of a class B misdemeanor for failing to
516 file the report.
517 (b) Notwithstanding the provisions of Subsection (1)(a), under this section the
518 lieutenant governor is not required to provide notice:
519 (i) to a candidate of the financial statement that is due before the candidate's political
520 convention; or
521 (ii) of a financial statement due in connection with a public hearing for an initiative
522 under the requirements of Section 20A-7-204.1
523 [
524 candidate is due under this chapter, the county clerk shall inform the candidate by postal mail
525 or, if requested, by electronic mail:
526 (i) that the report is due;
527 (ii) the date that the report is due; [
528 (iii) if the notification is in reference to an interim report due before the regular primary
529 election, on August 31, or before the regular general election, that, if the report is not [
530
531 informed that the candidate has been disqualified and any votes cast for the candidate will not
532 be counted[
533 (iv) if the notification is in reference to a summary report, that the candidate may be
534 guilty of a class B misdemeanor for failing to file the report.
535 (2) Persons or entities submitting [
536 may submit them:
537 (a) on paper, printed, typed, or legibly handwritten or hand printed;
538 (b) on a computer disk according to specifications established by the chief election
539 officer that protect against fraudulent filings and secure the accuracy of the information
540 contained on the computer disk;
541 (c) via fax; or
542 (d) via electronic mail or the Internet, according to specifications established by the
543 chief election officer.
544 (3) A [
545 (a) it is received in the chief election officer's office no later than 5:00 p.m. on the date
546 that it is due;
547 (b) it is received in the chief election officer's office with a postmark three days or
548 more before the date that the [
549 (c) the candidate, judge, or entity has proof that the [
550 mailed, with appropriate postage and addressing, three days before the [
551 statement was due.
552 Section 4. Section 20A-11-203 is amended to read:
553 20A-11-203. State office candidate -- Financial reporting requirements --
554 Year-end summary report.
555 (1) (a) Each state office candidate shall file a summary report by January [
556 year after the regular general election year.
557 (b) Beginning with the 2008 regular general election and in addition to the
558 requirements of Subsection (1)(a), a former state office candidate that has not filed the
559 statement of dissolution and final summary report required under Section 20A-11-205 shall
560 continue to file a summary report on January 10 of each year.
561 (2) (a) Each summary report shall include the following information as of December 31
562 of the [
563 (i) the net balance of the last summary report, if any;
564 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
565 if any;
566 (iii) a single figure equal to the total amount of expenditures reported on all interim
567 reports, if any, filed during the [
568 (iv) a detailed listing of each contribution and public service assistance received since
569 the last summary report that has not been reported in detail on an interim report;
570 (v) for each nonmonetary contribution, the fair market value of the contribution;
571 (vi) a detailed listing of each expenditure made since the last summary report that has
572 not been reported in detail on an interim report;
573 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
574 (viii) a net balance for the year consisting of the net balance from the last summary
575 report, if any, plus all receipts minus all expenditures.
576 (b) (i) For all single contributions or public service assistance of $50 or less, a single
577 aggregate figure may be reported without separate detailed listings.
578 (ii) Two or more contributions from the same source that have an aggregate total of
579 more than $50 may not be reported in the aggregate, but shall be reported separately.
580 (c) In preparing the report, all receipts and expenditures shall be reported as of
581 December 31 of the [
582 (3) The summary report shall contain a paragraph signed by an authorized member of
583 the state office candidate's personal campaign committee or by the state office candidate
584 certifying that, to the best of the signer's knowledge, all receipts and all expenditures have been
585 reported as of December 31 of the [
586 are no bills or obligations outstanding and unpaid except as set forth in that report.
587 [
588
589 Section 5. Section 20A-11-204 is amended to read:
590 20A-11-204. State office candidate -- Financial reporting requirements -- Interim
591 reports.
592 (1) Each state office candidate shall file an interim report at the following times in any
593 year in which the candidate has filed a declaration of candidacy for a public office:
594 (a) seven days before [
595
596
597 (b) seven days before the regular primary election date;
598 (c) [
599 (d) seven days before the regular general election date.
600 (2) Each interim report shall include the following information:
601 (a) the net balance of the last summary report, if any;
602 (b) a single figure equal to the total amount of receipts reported on all prior interim
603 reports, if any, during the calendar year in which the interim report is due;
604 (c) a single figure equal to the total amount of expenditures reported on all prior
605 interim reports, if any, filed during the calendar year in which the interim report is due;
606 (d) a detailed listing of each contribution and public service assistance received since
607 the last summary report that has not been reported in detail on a prior interim report;
608 (e) for each nonmonetary contribution, the fair market value of the contribution;
609 (f) a detailed listing of each expenditure made since the last summary report that has
610 not been reported in detail on a prior interim report;
611 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
612 (h) a net balance for the year consisting of the net balance from the last summary
613 report, if any, plus all receipts since the last summary report minus all expenditures since the
614 last summary report; and
615 (i) a summary page in the form required by the lieutenant governor that identifies:
616 (i) beginning balance;
617 (ii) total contributions during the period since the last statement;
618 (iii) total contributions to date;
619 (iv) total expenditures during the period since the last statement; and
620 (v) total expenditures to date.
621 (3) (a) For all individual contributions or public service assistance of $50 or less, a
622 single aggregate figure may be reported without separate detailed listings.
623 (b) Two or more contributions from the same source that have an aggregate total of
624 more than $50 may not be reported in the aggregate, but shall be reported separately.
625 (4) In preparing each interim report, all receipts and expenditures shall be reported as
626 of five days before the required filing date of the report.
627 [
628
629 Section 6. Section 20A-11-206 is amended to read:
630 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
631 (1) (a) If a state office candidate fails to file an interim report due before the regular
632 primary election, [
633 lieutenant governor shall, after making a reasonable attempt to discover if the report was timely
634 mailed, inform the county clerk and other appropriate election officials who:
635 (i) shall, if practicable, remove the name of the candidate by blacking out the
636 candidate's name before the ballots are delivered to voters; or
637 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
638 the voters by any practicable method that the candidate has been disqualified and that votes
639 cast for the candidate will not be counted; and
640 (iii) may not count any votes for that candidate.
641 (b) Any state office candidate who fails to file timely a financial statement required by
642 this part is disqualified and the vacancy on the ballot may be filled as provided in Section
643 20A-1-501 .
644 (c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
645 disqualified if:
646 (i) the candidate files the reports required by this section;
647 (ii) those reports are completed, detailing accurately and completely the information
648 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
649 and
650 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
651 the next scheduled report.
652 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
653 governor shall review each filed summary report to ensure that:
654 (i) each state office candidate that is required to file a summary report has filed one;
655 and
656 (ii) each summary report contains the information required by this part.
657 (b) If it appears that any state office candidate has failed to file the summary report
658 required by law, if it appears that a filed summary report does not conform to the law, or if the
659 lieutenant governor has received a written complaint alleging a violation of the law or the
660 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
661 violation or receipt of a written complaint, notify the state office candidate of the violation or
662 written complaint and direct the state office candidate to file a summary report correcting the
663 problem.
664 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
665 report within 14 days after receiving notice from the lieutenant governor under this section.
666 (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
667 misdemeanor.
668 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
669 attorney general.
670 Section 7. Section 20A-11-302 is amended to read:
671 20A-11-302. Legislative office candidate -- Financial reporting requirements --
672 Year-end summary report.
673 (1) (a) Each legislative office candidate shall file a summary report by January [
674 of the year after the regular general election year.
675 (b) Beginning with the 2008 regular general election and in addition to the
676 requirements of Subsection (1)(a), a former legislative office candidate that has not filed the
677 statement of dissolution and final summary report required under Section 20A-11-304 shall
678 continue to file a summary report on January 10 of each year.
679 (2) (a) Each summary report shall include the following information as of December 31
680 of the [
681 (i) the net balance of the last summary report, if any;
682 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
683 if any, during the calendar year in which the summary report is due;
684 (iii) a single figure equal to the total amount of expenditures reported on all interim
685 reports, if any, filed during the [
686 (iv) a detailed listing of each receipt, contribution, and public service assistance since
687 the last summary report that has not been reported in detail on an interim report;
688 (v) for each nonmonetary contribution, the fair market value of the contribution;
689 (vi) a detailed listing of each expenditure made since the last summary report that has
690 not been reported in detail on an interim report;
691 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
692 (viii) a net balance for the year consisting of the net balance from the last summary
693 report, if any, plus all receipts minus all expenditures.
694 (b) (i) For all individual contributions or public service assistance of $50 or less, a
695 single aggregate figure may be reported without separate detailed listings.
696 (ii) Two or more contributions from the same source that have an aggregate total of
697 more than $50 may not be reported in the aggregate, but shall be reported separately.
698 (c) In preparing the report, all receipts and expenditures shall be reported as of
699 December 31 of the [
700 (3) The summary report shall contain a paragraph signed by the legislative office
701 candidate certifying that to the best of the candidate's knowledge, all receipts and all
702 expenditures have been reported as of December 31 of the [
703 previous year and that there are no bills or obligations outstanding and unpaid except as set
704 forth in that report.
705 [
706
707 Section 8. Section 20A-11-303 is amended to read:
708 20A-11-303. Legislative office candidate -- Financial reporting requirements --
709 Interim reports.
710 (1) Each legislative office candidate shall file an interim report at the following times
711 in any year in which the candidate has filed a declaration of candidacy for a public office:
712 (a) seven days before [
713
714
715 (b) seven days before the regular primary election date[
716
717 (c) [
718 (d) seven days before the regular general election date.
719 (2) Each interim report shall include the following information:
720 (a) the net balance of the last summary report, if any;
721 (b) a single figure equal to the total amount of receipts reported on all prior interim
722 reports, if any, during the calendar year in which the interim report is due;
723 (c) a single figure equal to the total amount of expenditures reported on all prior
724 interim reports, if any, filed during the calendar year in which the interim report is due;
725 (d) a detailed listing of each contribution and public service assistance received since
726 the last summary report that has not been reported in detail on a prior interim report;
727 (e) for each nonmonetary contribution, the fair market value of the contribution;
728 (f) a detailed listing of each expenditure made since the last summary report that has
729 not been reported in detail on a prior interim report;
730 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
731 (h) a net balance for the year consisting of the net balance from the last summary
732 report, if any, plus all receipts since the last summary report minus all expenditures since the
733 last summary report; and
734 (i) a summary page in the form required by the lieutenant governor that identifies:
735 (i) beginning balance;
736 (ii) total contributions during the period since the last statement;
737 (iii) total contributions to date;
738 (iv) total expenditures during the period since the last statement; and
739 (v) total expenditures to date.
740 (3) (a) For all individual contributions or public service assistance of $50 or less, a
741 single aggregate figure may be reported without separate detailed listings.
742 (b) Two or more contributions from the same source that have an aggregate total of
743 more than $50 may not be reported in the aggregate, but shall be reported separately.
744 (4) In preparing each interim report, all receipts and expenditures shall be reported as
745 of five days before the required filing date of the report.
746 [
747
748 Section 9. Section 20A-11-305 is amended to read:
749 20A-11-305. Legislative office candidate -- Failure to file report -- Name not
750 printed on ballot -- Filling vacancy.
751 (1) (a) If a legislative office candidate fails to file an interim report due before the
752 regular primary election, [
753 the lieutenant governor shall, after making a reasonable attempt to discover if the report was
754 timely mailed, inform the county clerk and other appropriate election officials who:
755 (i) shall, if practicable, remove the name of the candidate by blacking out the
756 candidate's name before the ballots are delivered to voters; or
757 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
758 the voters by any practicable method that the candidate has been disqualified and that votes
759 cast for the candidate will not be counted; and
760 (iii) may not count any votes for that candidate.
761 (b) Any legislative office candidate who fails to file timely a financial statement
762 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
763 Section 20A-1-501 .
764 (c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
765 disqualified if:
766 (i) the candidate files the reports required by this section;
767 (ii) those reports are completed, detailing accurately and completely the information
768 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
769 and
770 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
771 the next scheduled report.
772 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
773 governor shall review each filed summary report to ensure that:
774 (i) each legislative office candidate that is required to file a summary report has filed
775 one; and
776 (ii) each summary report contains the information required by this part.
777 (b) If it appears that any legislative office candidate has failed to file the summary
778 report required by law, if it appears that a filed summary report does not conform to the law, or
779 if the lieutenant governor has received a written complaint alleging a violation of the law or the
780 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
781 violation or receipt of a written complaint, notify the legislative office candidate of the
782 violation or written complaint and direct the legislative office candidate to file a summary
783 report correcting the problem.
784 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
785 summary report within 14 days after receiving notice from the lieutenant governor under this
786 section.
787 (ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
788 class B misdemeanor.
789 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
790 attorney general.
791 Section 10. Section 20A-11-401 is amended to read:
792 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
793 report.
794 (1) (a) Each officeholder shall file a summary report by January [
795 (b) An officeholder that is required to file a summary report both as an officeholder and
796 as a candidate for office under the requirements of this chapter may file a single summary
797 report as a candidate and an officeholder, provided that the combined report meets the
798 requirements of:
799 (i) this section; and
800 (ii) the section that provides the requirements for the summary report that must be filed
801 by the officeholder in the officeholder's capacity of a candidate for office.
802 (2) (a) Each summary report shall include the following information as of December 31
803 of the [
804 (i) the net balance of the last summary report, if any;
805 (ii) a single figure equal to the total amount of receipts received since the last summary
806 report, if any;
807 (iii) a single figure equal to the total amount of expenditures made since the last
808 summary report, if any;
809 (iv) a detailed listing of each contribution and public service assistance received since
810 the last summary report;
811 (v) for each nonmonetary contribution, the fair market value of the contribution;
812 (vi) a detailed listing of each expenditure made since the last summary report;
813 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
814 (viii) a net balance for the year consisting of the net balance from the last summary
815 report plus all receipts minus all expenditures.
816 (b) (i) For all individual contributions or public service assistance of $50 or less, a
817 single aggregate figure may be reported without separate detailed listings.
818 (ii) Two or more contributions from the same source that have an aggregate total of
819 more than $50 may not be reported in the aggregate, but shall be reported separately.
820 (c) In preparing the report, all receipts and expenditures shall be reported as of
821 December 31 of the [
822 (3) The summary report shall contain a paragraph signed by the officeholder certifying
823 that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
824 reported as of December 31 of the last calendar year and that there are no bills or obligations
825 outstanding and unpaid except as set forth in that report.
826 Section 11. Section 20A-11-506 is amended to read:
827 20A-11-506. Political party financial reporting requirements -- Year-end
828 summary report.
829 (1) [
830 report by January [
831 (2) (a) Each summary report shall include the following information as of December 31
832 of the [
833 (i) the net balance of the last summary report, if any;
834 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
835 if any, during the [
836 (iii) a single figure equal to the total amount of expenditures reported on all interim
837 reports, if any, filed during the [
838 (iv) a detailed listing of each contribution and public service assistance received since
839 the last summary report that has not been reported in detail on an interim report;
840 (v) for each nonmonetary contribution, the fair market value of the contribution;
841 (vi) a detailed listing of each expenditure made since the last summary report that has
842 not been reported in detail on an interim report;
843 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
844 (viii) a net balance for the year consisting of the net balance from the last summary
845 report, if any, plus all receipts minus all expenditures.
846 (b) (i) For all individual contributions or public service assistance of $50 or less, a
847 single aggregate figure may be reported without separate detailed listings.
848 (ii) Two or more contributions from the same source that have an aggregate total of
849 more than $50 may not be reported in the aggregate, but shall be reported separately.
850 (c) In preparing the report, all receipts and expenditures shall be reported as of
851 December 31 of the [
852 (3) The summary report shall contain a paragraph signed by the treasurer of the party
853 committee certifying that, to the best of the treasurer's knowledge, all receipts and all
854 expenditures have been reported as of December 31 of the [
855 previous year and that there are no bills or obligations outstanding and unpaid except as set
856 forth in that report.
857 Section 12. Section 20A-11-507 is amended to read:
858 20A-11-507. Political party financial reporting requirements -- Interim reports.
859 (1) [
860 report at the following times in any year in which there is a regular general election:
861 (a) [
862 (b) seven days before the general election.
863 (2) Each interim report shall include the following information:
864 (a) the net balance of the last summary report, if any;
865 (b) a single figure equal to the total amount of receipts reported on all prior interim
866 reports, if any, during the calendar year in which the interim report is due;
867 (c) a single figure equal to the total amount of expenditures reported on all prior
868 interim reports, if any, filed during the calendar year in which the interim report is due;
869 (d) a detailed listing of each contribution and public service assistance received since
870 the last summary report that has not been reported in detail on a prior interim report;
871 (e) for each nonmonetary contribution, the fair market value of the contribution;
872 (f) a detailed listing of each expenditure made since the last summary report that has
873 not been reported in detail on a prior interim report;
874 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
875 (h) a net balance for the year consisting of the net balance from the last summary
876 report, if any, plus all receipts since the last summary report minus all expenditures since the
877 last summary report; and
878 (i) a summary page in the form required by the lieutenant governor that identifies:
879 (i) beginning balance;
880 (ii) total contributions during the period since the last statement;
881 (iii) total contributions to date;
882 (iv) total expenditures during the period since the last statement; and
883 (v) total expenditures to date.
884 (3) (a) For all individual contributions or public service assistance of $50 or less, a
885 single aggregate figure may be reported without separate detailed listings.
886 (b) Two or more contributions from the same source that have an aggregate total of
887 more than $50 may not be reported in the aggregate, but shall be reported separately.
888 (4) In preparing each interim report, all receipts and expenditures shall be reported as
889 of [
890 Section 13. Section 20A-11-508 is amended to read:
891 20A-11-508. Political party reporting requirements -- Criminal penalties.
892 (1) (a) Each registered political party that fails to file the interim reports due
893 [
894 misdemeanor.
895 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
896 attorney general.
897 (2) Within 30 days after a deadline for the filing of a summary report required by this
898 part, the lieutenant governor shall review each filed report to ensure that:
899 (a) each political party that is required to file a report has filed one; and
900 (b) each report contains the information required by this part.
901 (3) If it appears that any political party has failed to file a report required by law, if it
902 appears that a filed report does not conform to the law, or if the lieutenant governor has
903 received a written complaint alleging a violation of the law or the falsity of any report, the
904 lieutenant governor shall, within five days of discovery of a violation or receipt of a written
905 complaint, notify the political party of the violation or written complaint and direct the political
906 party to file a summary report correcting the problem.
907 (4) (a) It is unlawful for any political party to fail to file or amend a summary report
908 within 14 days after receiving notice from the lieutenant governor under this section.
909 (b) Each political party who violates Subsection (4)(a) is guilty of a class B
910 misdemeanor.
911 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
912 attorney general.
913 Section 14. Section 20A-11-601 is amended to read:
914 20A-11-601. Political action committees -- Registration -- Criminal penalty for
915 providing false information or accepting unlawful contribution.
916 (1) (a) Each political action committee shall file a statement of organization with the
917 lieutenant governor's office by January 10 of each year, unless the political action committee
918 has filed a notice of dissolution under Subsection (4).
919 (b) If a political action committee is organized after the January 10 filing date, the
920 political action committee shall file an initial statement of organization no later than seven days
921 after:
922 (i) receiving contributions totaling at least $750; or
923 (ii) distributing expenditures for political purposes totaling at least [
924 (c) If January 10 falls on a weekend or holiday, the statement of organization shall be
925 filed by the following business day.
926 (2) Each political action committee shall designate two officers that have primary
927 decision-making authority for the political action committee.
928 (3) The statement of organization shall include:
929 (a) the name and address of the political action committee;
930 (b) the name, street address, phone number, occupation, and title of the two primary
931 officers designated under Subsection (2);
932 (c) the name, street address, occupation, and title of all other officers of the political
933 action committee;
934 (d) the name and street address of the organization, individual corporation, association,
935 unit of government, or union that the political action committee represents, if any;
936 (e) the name and street address of all affiliated or connected organizations and their
937 relationships to the political action committee;
938 (f) the name, street address, business address, occupation, and phone number of the
939 committee's treasurer or chief financial officer; and
940 (g) the name, street address, and occupation of each member of the governing and
941 advisory boards, if any.
942 (4) (a) Any registered political action committee that intends to permanently cease
943 operations shall file a notice of dissolution with the lieutenant governor's office.
944 (b) Any notice of dissolution filed by a political action committee does not exempt that
945 political action committee from complying with the financial reporting requirements of this
946 chapter.
947 (5) (a) Unless the political action committee has filed a notice of dissolution under
948 Subsection (4), a political action committee shall file, with the lieutenant governor's office,
949 notice of any change of an officer described in Subsection (2).
950 (b) Notice of a change of a primary officer described in Subsection (2) shall:
951 (i) be filed within ten days of the date of the change; and
952 (ii) contain the name and title of the officer being replaced, and the name, street
953 address, occupation, and title of the new officer.
954 (6) (a) A person is guilty of providing false information in relation to a political action
955 committee if the person intentionally or knowingly gives false or misleading material
956 information in the statement of organization or the notice of change of primary officer.
957 (b) Each primary officer designated in Subsection (2) is guilty of accepting an unlawful
958 contribution if the political action committee knowingly or recklessly accepts a contribution
959 from a corporation that:
960 (i) was organized less than 90 days before the date of the general election; and
961 (ii) at the time the political action committee accepts the contribution, has failed to file
962 a statement of organization with the lieutenant governor's office as required by Section
963 20A-11-704 .
964 (c) A violation of this Subsection (6) is a third degree felony.
965 Section 15. Section 20A-11-602 is amended to read:
966 20A-11-602. Political action committees -- Financial reporting.
967 (1) (a) Each registered political action committee that has received contributions
968 totaling at least $750, or [
969 during a calendar year shall file a verified financial statement with the lieutenant governor's
970 office on:
971 (i) January [
972 previous year;
973 (ii) [
974 (iii) seven days before the regular general election.
975 (b) The registered political action committee shall report:
976 (i) a detailed listing of all contributions received and expenditures made since the last
977 statement; and
978 (ii) for financial statements filed on [
979 election, all contributions and expenditures as of [
980 date of the financial statement.
981 (c) The registered political action committee need not file a statement under this
982 section if it received no contributions and made no expenditures during the reporting period.
983 (2) (a) The verified financial statement shall include:
984 (i) the name, address, and occupation of any individual that makes a contribution to the
985 reporting political action committee, and the amount of the contribution;
986 (ii) the identification of any publicly identified class of individuals that makes a
987 contribution to the reporting political action committee, and the amount of the contribution;
988 (iii) the name and address of any political action committee, group, or entity that makes
989 a contribution to the reporting political action committee, and the amount of the contribution;
990 (iv) for each nonmonetary contribution, the fair market value of the contribution;
991 (v) the name and address of each reporting entity that received an expenditure from the
992 reporting political action committee, and the amount of each expenditure;
993 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
994 (vii) the total amount of contributions received and expenditures disbursed by the
995 reporting political action committee;
996 (viii) a paragraph signed by the political action committee's treasurer or chief financial
997 officer verifying that, to the best of the signer's knowledge, the financial report is accurate; and
998 (ix) a summary page in the form required by the lieutenant governor that identifies:
999 (A) beginning balance;
1000 (B) total contributions during the period since the last statement;
1001 (C) total contributions to date;
1002 (D) total expenditures during the period since the last statement; and
1003 (E) total expenditures to date.
1004 (b) (i) Contributions received by a political action committee that have a value of $50
1005 or less need not be reported individually, but shall be listed on the report as an aggregate total.
1006 (ii) Two or more contributions from the same source that have an aggregate total of
1007 more than $50 may not be reported in the aggregate, but shall be reported separately.
1008 Section 16. Section 20A-11-603 is amended to read:
1009 20A-11-603. Criminal penalties.
1010 (1) (a) Each political action committee that fails to file the statement due [
1011
1012 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
1013 attorney general.
1014 (2) Within 30 days after a deadline for the filing of the January [
1015 required by this part, the lieutenant governor shall review each filed statement to ensure that:
1016 (a) each political action committee that is required to file a statement has filed one; and
1017 (b) each statement contains the information required by this part.
1018 (3) If it appears that any political action committee has failed to file the January [
1019 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
1020 governor has received a written complaint alleging a violation of the law or the falsity of any
1021 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
1022 of a written complaint, notify the political action committee of the violation or written
1023 complaint and direct the political action committee to file a statement correcting the problem.
1024 (4) (a) It is unlawful for any political action committee to fail to file or amend a
1025 statement within 14 days after receiving notice from the lieutenant governor under this section.
1026 (b) Each political action committee who violates Subsection (4)(a) is guilty of a class B
1027 misdemeanor.
1028 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
1029 attorney general.
1030 Section 17. Section 20A-11-701 is amended to read:
1031 20A-11-701. Campaign financial reporting of candidate campaign contributions
1032 by corporations -- Filing requirements -- Statement contents.
1033 (1) (a) Each corporation that has made expenditures for political purposes that total at
1034 least $750 during a calendar year shall file a verified financial statement with the lieutenant
1035 governor's office on:
1036 (i) January [
1037 (ii) [
1038 (iii) seven days before the regular general election.
1039 (b) The corporation shall report:
1040 (i) a detailed listing of all expenditures made since the last statement; and
1041 (ii) for financial statements filed on [
1042 election, all expenditures as of three days before the required filing date of the financial
1043 statement.
1044 (c) The corporation need not file a statement under this section if it made no
1045 expenditures during the reporting period.
1046 (2) That statement shall include:
1047 (a) the name and address of each reporting entity that received an expenditure from the
1048 corporation, and the amount of each expenditure;
1049 (b) the total amount of expenditures disbursed by the corporation; and
1050 (c) a paragraph signed by the corporation's or the political action committee's treasurer
1051 or chief financial officer verifying the accuracy of the financial report.
1052 Section 18. Section 20A-11-702 is amended to read:
1053 20A-11-702. Campaign financial reporting of political issues expenditures by
1054 corporations -- Financial reporting.
1055 (1) (a) Each corporation that has made political issues expenditures on current or
1056 proposed ballot issues that total at least $750 during a calendar year shall file a verified
1057 financial statement with the lieutenant governor's office on:
1058 (i) January [
1059 [
1060 [
1061 [
1062 (ii) August 31; and
1063 [
1064 (b) The corporation shall report:
1065 (i) a detailed listing of all expenditures made since the last statement; and
1066 (ii) for financial statements filed on [
1067 and general elections, expenditures as of [
1068 financial statement.
1069 (c) The corporation need not file a statement under this section if it made no
1070 expenditures during the reporting period.
1071 (2) That statement shall include:
1072 (a) the name and address of each individual, entity, or group of individuals or entities
1073 that received a political issues expenditure of more than $50 from the corporation, and the
1074 amount of each political issues expenditure;
1075 (b) the total amount of political issues expenditures disbursed by the corporation; and
1076 (c) a paragraph signed by the corporation's treasurer or chief financial officer verifying
1077 the accuracy of the verified financial statement.
1078 Section 19. Section 20A-11-802 is amended to read:
1079 20A-11-802. Political issues committees -- Financial reporting.
1080 (1) (a) Each registered political issues committee that has received political issues
1081 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
1082 $50, during a calendar year on current or proposed statewide ballot propositions, to influence
1083 an incorporation petition or an incorporation election, or on initiative petitions to be submitted
1084 to the Legislature, shall file a verified financial statement with the lieutenant governor's office:
1085 (i) on January [
1086 the previous year;
1087 (ii) seven days before the date of an incorporation election, if the political issues
1088 committee has received donations or made disbursements to affect an incorporation;
1089 [
1090 [
1091 [
1092 20A-7-204.1 ;
1093 [
1094 an initiative or referendum, at the time the initiative or referendum sponsors submit:
1095 (A) the verified and certified initiative packets [
1096 Section 20A-7-206 ; or
1097 (B) the signed and verified referendum packets as required by Section 20A-7-306 ;
1098 [
1099 [
1100 (b) The political issues committee shall report:
1101 (i) a detailed listing of all contributions received and expenditures made since the last
1102 statement; and
1103 (ii) for financial statements filed on [
1104 election, all contributions and expenditures as of three days before the required filing date of
1105 the financial statement.
1106 (c) The political issues committee need not file a statement under this section if it
1107 received no contributions and made no expenditures during the reporting period.
1108 (2) (a) That statement shall include:
1109 (i) the name, address, and occupation of any individual that makes a political issues
1110 contribution to the reporting political issues committee, and the amount of the political issues
1111 contribution;
1112 (ii) the identification of any publicly identified class of individuals that makes a
1113 political issues contribution to the reporting political issues committee, and the amount of the
1114 political issues contribution;
1115 (iii) the name and address of any political issues committee, group, or entity that makes
1116 a political issues contribution to the reporting political issues committee, and the amount of the
1117 political issues contribution;
1118 (iv) the name and address of each reporting entity that makes a political issues
1119 contribution to the reporting political issues committee, and the amount of the political issues
1120 contribution;
1121 (v) for each nonmonetary contribution, the fair market value of the contribution;
1122 (vi) except as provided in Subsection (2)(c), the name and address of each individual,
1123 entity, or group of individuals or entities that received a political issues expenditure of more
1124 than $50 from the reporting political issues committee, and the amount of each political issues
1125 expenditure;
1126 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1127 (viii) the total amount of political issues contributions received and political issues
1128 expenditures disbursed by the reporting political issues committee;
1129 (ix) a paragraph signed by the political issues committee's treasurer or chief financial
1130 officer verifying that, to the best of the signer's knowledge, the financial statement is accurate;
1131 and
1132 (x) a summary page in the form required by the lieutenant governor that identifies:
1133 (A) beginning balance;
1134 (B) total contributions during the period since the last statement;
1135 (C) total contributions to date;
1136 (D) total expenditures during the period since the last statement; and
1137 (E) total expenditures to date.
1138 (b) (i) Political issues contributions received by a political issues committee that have a
1139 value of $50 or less need not be reported individually, but shall be listed on the report as an
1140 aggregate total.
1141 (ii) Two or more political issues contributions from the same source that have an
1142 aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
1143 separately.
1144 (c) When reporting political issue expenditures made to circulators of initiative
1145 petitions, the political issues committee:
1146 (i) need only report the amount paid to each initiative petition circulator; and
1147 (ii) need not report the name or address of the circulator.
1148 Section 20. Section 20A-11-803 is amended to read:
1149 20A-11-803. Criminal penalties.
1150 (1) (a) Each political issues committee that fails to file the statement due [
1151
1152 misdemeanor.
1153 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
1154 attorney general.
1155 (2) Within 30 days after a deadline for the filing of the January [
1156 lieutenant governor shall review each filed statement to ensure that:
1157 (a) each political issues committee that is required to file a statement has filed one; and
1158 (b) each statement contains the information required by this part.
1159 (3) If it appears that any political issues committee has failed to file the January [
1160 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
1161 governor has received a written complaint alleging a violation of the law or the falsity of any
1162 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
1163 of a written complaint, notify the political issues committee of the violation or written
1164 complaint and direct the political issues committee to file a statement correcting the problem.
1165 (4) (a) It is unlawful for any political issues committee to fail to file or amend a
1166 statement within 14 days after receiving notice from the lieutenant governor under this section.
1167 (b) Each political issues committee who violates Subsection (4)(a) is guilty of a class B
1168 misdemeanor.
1169 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
1170 attorney general.
1171 Section 21. Section 20A-11-1302 is amended to read:
1172 20A-11-1302. School board office candidate -- Financial reporting requirements
1173 -- Year-end summary report.
1174 (1) (a) Each school board office candidate shall file a summary report by January [
1175 10 of the year after the regular general election year.
1176 (b) Beginning with the 2008 regular general election and in addition to the
1177 requirements of Subsection (1)(a), a former school board office candidate that has not filed the
1178 statement of dissolution and final summary report required under Section 20A-11-1304 shall
1179 continue to file a summary report on January 10 of each year.
1180 (2) (a) Each summary report shall include the following information as of December 31
1181 of the [
1182 (i) the net balance of the last summary report, if any;
1183 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
1184 if any, during the [
1185 (iii) a single figure equal to the total amount of expenditures reported on all interim
1186 reports, if any, filed during the [
1187 (iv) a detailed listing of each receipt, contribution, and public service assistance since
1188 the last summary report that has not been reported in detail on an interim report;
1189 (v) for each nonmonetary contribution, the fair market value of the contribution;
1190 (vi) a detailed listing of each expenditure made since the last summary report that has
1191 not been reported in detail on an interim report;
1192 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
1193 (viii) a net balance for the year consisting of the net balance from the last summary
1194 report, if any, plus all receipts minus all expenditures.
1195 (b) (i) For all individual contributions or public service assistance of $50 or less, a
1196 single aggregate figure may be reported without separate detailed listings.
1197 (ii) Two or more contributions from the same source that have an aggregate total of
1198 more than $50 may not be reported in the aggregate, but shall be reported separately.
1199 (c) In preparing the report, all receipts and expenditures shall be reported as of
1200 December 31 of the [
1201 (3) The summary report shall contain a paragraph signed by the school board office
1202 candidate certifying that, to the best of the school board office candidate's knowledge, all
1203 receipts and all expenditures have been reported as of December 31 of the [
1204
1205 as set forth in that report.
1206 [
1207
1208 Section 22. Section 20A-11-1303 is amended to read:
1209 20A-11-1303. School board office candidate -- Financial reporting requirements
1210 -- Interim reports.
1211 (1) Each school board office candidate shall file an interim report at the following
1212 times in any year in which the candidate has filed a declaration of candidacy for a public office:
1213 (a) May 15, for state school board office candidates;
1214 [
1215
1216 [
1217 (c) August 31; and
1218 [
1219 (2) Each interim report shall include the following information:
1220 (a) the net balance of the last summary report, if any;
1221 (b) a single figure equal to the total amount of receipts reported on all prior interim
1222 reports, if any, during the calendar year in which the interim report is due;
1223 (c) a single figure equal to the total amount of expenditures reported on all prior
1224 interim reports, if any, filed during the calendar year in which the interim report is due;
1225 (d) a detailed listing of each contribution and public service assistance received since
1226 the last summary report that has not been reported in detail on a prior interim report;
1227 (e) for each nonmonetary contribution, the fair market value of the contribution;
1228 (f) a detailed listing of each expenditure made since the last summary report that has
1229 not been reported in detail on a prior interim report;
1230 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1231 (h) a net balance for the year consisting of the net balance from the last summary
1232 report, if any, plus all receipts since the last summary report minus all expenditures since the
1233 last summary report; and
1234 (i) a summary page in the form required by the lieutenant governor that identifies:
1235 (i) beginning balance;
1236 (ii) total contributions during the period since the last statement;
1237 (iii) total contributions to date;
1238 (iv) total expenditures during the period since the last statement; and
1239 (v) total expenditures to date.
1240 (3) (a) For all individual contributions or public service assistance of $50 or less, a
1241 single aggregate figure may be reported without separate detailed listings.
1242 (b) Two or more contributions from the same source that have an aggregate total of
1243 more than $50 may not be reported in the aggregate, but shall be reported separately.
1244 (4) In preparing each interim report, all receipts and expenditures shall be reported as
1245 of [
1246 [
1247
1248 Section 23. Section 20A-11-1305 is amended to read:
1249 20A-11-1305. School board office candidate -- Failure to file statement -- Name
1250 not printed on ballot -- Filling vacancy.
1251 (1) (a) If a school board office candidate fails to file an interim report due before the
1252 regular primary election, [
1253 the chief election officer shall, after making a reasonable attempt to discover if the report was
1254 timely mailed, inform the county clerk and other appropriate election officials who:
1255 (i) shall, if practicable, remove the name of the candidate by blacking out the
1256 candidate's name before the ballots are delivered to voters; or
1257 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
1258 the voters by any practicable method that the candidate has been disqualified and that votes
1259 cast for candidate will not be counted; and
1260 (iii) may not count any votes for that candidate.
1261 (b) Any school board office candidate who fails to file timely a financial statement
1262 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
1263 Section 20A-1-501 .
1264 (c) Notwithstanding [
1265 candidate is not disqualified if:
1266 (i) the candidate files the reports required by this section;
1267 (ii) those reports are completed, detailing accurately and completely the information
1268 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1269 and
1270 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
1271 the next scheduled report.
1272 (2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
1273 for state school board, the lieutenant governor shall review each filed summary report to ensure
1274 that:
1275 (i) each state school board candidate that is required to file a summary report has filed
1276 one; and
1277 (ii) each summary report contains the information required by this part.
1278 (b) If it appears that any state school board candidate has failed to file the summary
1279 report required by law, if it appears that a filed summary report does not conform to the law, or
1280 if the lieutenant governor has received a written complaint alleging a violation of the law or the
1281 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1282 violation or receipt of a written complaint, notify the state school board candidate of the
1283 violation or written complaint and direct the state school board candidate to file a summary
1284 report correcting the problem.
1285 (c) (i) It is unlawful for any state school board candidate to fail to file or amend a
1286 summary report within 14 days after receiving notice from the lieutenant governor under this
1287 section.
1288 (ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
1289 class B misdemeanor.
1290 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1291 attorney general.
1292 (3) (a) Within 30 days after a deadline for the filing of a summary report, the county
1293 clerk shall review each filed summary report to ensure that:
1294 (i) each local school board candidate that is required to file a summary report has filed
1295 one; and
1296 (ii) each summary report contains the information required by this part.
1297 (b) If it appears that any local school board candidate has failed to file the summary
1298 report required by law, if it appears that a filed summary report does not conform to the law, or
1299 if the county clerk has received a written complaint alleging a violation of the law or the falsity
1300 of any summary report, the county clerk shall, within five days of discovery of a violation or
1301 receipt of a written complaint, notify the local school board candidate of the violation or
1302 written complaint and direct the local school board candidate to file a summary report
1303 correcting the problem.
1304 (c) (i) It is unlawful for any local school board candidate to fail to file or amend a
1305 summary report within 14 days after receiving notice from the county clerk under this section.
1306 (ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
1307 class B misdemeanor.
1308 (iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
1309 county attorney.
1310 Section 24. Section 20A-12-304 is amended to read:
1311 20A-12-304. Judicial retention election candidates -- Financial reporting
1312 requirements -- Year-end summary report.
1313 (1) The judge's personal campaign committee shall file a summary report with the
1314 lieutenant governor by January [
1315 (2) (a) Each summary report shall include the following information as of December 31
1316 of the last regular general election year:
1317 (i) a single figure equal to the total amount of contributions reported on the interim
1318 report;
1319 (ii) a single figure equal to the total amount of expenditures reported on the interim
1320 report;
1321 (iii) a detailed listing of each contribution received since the last summary report that
1322 has not been reported in detail on the interim report;
1323 (iv) for each nonmonetary contribution, the fair market value of the contribution;
1324 (v) a detailed listing of each expenditure made since the last summary report that has
1325 not been reported in detail on the interim report;
1326 (vi) for each nonmonetary expenditure, the fair market value of the expenditure; and
1327 (vii) the net balance for the year, consisting of all contributions minus all expenditures.
1328 (b) (i) For all single contributions of $50 or less, an aggregate figure may be reported
1329 without a separate detailed listing.
1330 (ii) Two or more contributions from the same source for a total of more than $50 may
1331 not be reported in the aggregate, but shall be reported in the detailed listing.
1332 (3) The summary report shall contain a statement signed by the judge certifying that, to
1333 the best of the judge's knowledge, all contributions and all expenditures have been reported as
1334 of December 31 of the last regular general election year and that there are no financial
1335 obligations outstanding except as set forth in the report.
1336 Section 25. Effective date.
1337 If approved by two-thirds of all the members elected to each house, this bill takes effect
1338 upon approval by the governor, or the day following the constitutional time limit of Utah
1339 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
1340 the date of veto override.
1341 Section 26. Coordinating S.B. 21 with S.B. 12 -- Merging substantive amendments.
1342 If this S.B. 21 and S.B. 12, Election Law Modifications, both pass, it is the intent of the
1343 Legislature that the amendments to Sections 20A-11-302 , 20A-11-506 , and 20A-11-1302 in
1344 this bill supersede the amendments to Sections 20A-11-302 , 20A-11-506 , and 20A-11-1302 in
1345 S.B. 12 when the Office of Legislative Research and General Counsel prepares the Utah Code
1346 database for publication.
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