H.B. 56

This document includes House Committee Amendments incorporated into the bill on Thu, Jan 28, 2010 at 10:40 AM by jeyring. --> 1

AMENDED CAMPAIGN FINANCIAL
2 STATEMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sheryl L. Allen
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 Committee Note:
10 The Government Operations and Political Subdivisions Interim Committee
11 recommended this bill.
12 General Description:
13 This bill modifies the campaign and financial reporting requirements by amending
14 provisions related to filing an amended financial statement.
15 Highlighted Provisions:
16 This bill:
17 . provides that an amended financial statement may only be filed by the filing entity
18 to comply with a notice from a chief election officer;
19 . provides that an amended financial statement may only be filed by candidates to
20 correct an inadvertent omission or an insignificant error or inaccuracy in the
21 financial statement;
22 . provides that an amended financial statement H. [ whether filed separately or with the
23 next scheduled report ] .H must:
24 . include a brief statement summarizing the amendments;
25 . explain the reason for filing an amended financial statement; and
26 . clearly show the amendments being made with the amended financial statement;
27 H. [ and ]
27a . be filed with the next scheduled report, unless the chief election officer requires an
27b earlier filing; and .H

28 . makes technical changes.
29 Monies Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 20A-11-206, as last amended by Laws of Utah 2009, Chapter 202
36 20A-11-305, as last amended by Laws of Utah 2009, Chapter 202
37 20A-11-1305, as last amended by Laws of Utah 2008, Chapter 14
38 20A-12-306, as enacted by Laws of Utah 2001, Chapter 166
39 ENACTS:
40 20A-11-104, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 20A-11-104 is enacted to read:
44 20A-11-104. Amended financial statements -- Requirements.
45 (1) A filing entity may only file an amended financial statement in accordance with this
46 section to:
47 (a) comply with a notice of violation or complaint from a chief election officer in
48 accordance with this chapter or Section 20A-12-306 ; or
49 (b) correct an inadvertent omission or an insignificant error or inaccuracy in a financial
50 statement filed by the filing entity in accordance with:
51 (i) Section 20A-11-206 for a state office candidate;
52 (ii) Section 20A-11-305 for a legislative office candidate;
53 (iii) Section 20A-11-1305 for a school board office candidate; or
54 (iv) Section 20A-12-306 for a judicial retention candidate.
55 (2) A filing entity shall file an amended financial statement using the form required by
56 the chief election officer.
57 (3) An amended financial statement filed under this section H. [ whether filed in a separate
58 amended report or filed with the next scheduled report ] .H shall:

59 (a) include a brief statement summarizing the amendments to the original financial
60 statement made by the amended financial statement;
61 (b) explain in detail the reason for filing an amended financial statement; H. [ and ] .H
62 (c) clearly show the financial statement as originally submitted and the amendments
63 made by the amended financial statement H. [ . ] and
63a (d) be filed with the next scheduled report, unless the chief election officer requires the
63b filing entity to file an amended financial statement before the next scheduled report under this
63c chapter or Section 20A-12-306. .H
64 (4) This section does not affect a filing entity's responsibility to file a timely, completed
65 financial statement that details accurately and completely the information required by this
66 chapter or Title 20A, Chapter 12, Part 3, Campaign and Financial Reporting Requirements for
67 Judicial Retention Elections.
68 Section 2. Section 20A-11-206 is amended to read:
69 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
70 (1) (a) If a state office candidate fails to file an interim report due before the regular
71 primary election, on August 31, or before the regular general election, the lieutenant governor
72 shall, after making a reasonable attempt to discover if the report was timely mailed, inform the
73 county clerk and other appropriate election officials who:
74 (i) shall, if practicable, remove the name of the candidate by blacking out the
75 candidate's name before the ballots are delivered to voters; or
76 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
77 the voters by any practicable method that the candidate has been disqualified and that votes
78 cast for the candidate will not be counted; and
79 (iii) may not count any votes for that candidate.
80 (b) Any state office candidate who fails to file timely a financial statement required by
81 Section 20A-11-204 is disqualified and the vacancy on the ballot may be filled as provided in
82 Section 20A-1-501 .
83 (c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
84 disqualified if:
85 (i) the candidate files the reports required by this section no later than the due date;
86 (ii) those reports are completed, detailing accurately and completely the information
87 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
88 and
89 (iii) those omissions, errors, or inaccuracies are corrected in accordance with Section

90 20A-11-104 H. [ in an amended report or in the next scheduled report ] .H .
91 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
92 governor shall review each filed summary report to ensure that:
93 (i) each state office candidate that is required to file a summary report has filed one;
94 and
95 (ii) each summary report contains the information required by this part.
96 (b) If it appears that any state office candidate has failed to file the summary report
97 required by law, if it appears that a filed summary report does not conform to the law, or if the
98 lieutenant governor has received a written complaint alleging a violation of the law or the
99 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
100 violation or receipt of a written complaint, notify the state office candidate of the violation or
101 written complaint and direct the state office candidate to file a summary report correcting the
102 problem in accordance with Section 20A-11-104 .
103 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
104 report within 14 days after receiving notice from the lieutenant governor under this section.
105 (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
106 misdemeanor.
107 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
108 attorney general.
109 Section 3. Section 20A-11-305 is amended to read:
110 20A-11-305. Legislative office candidate -- Failure to file report -- Name not
111 printed on ballot -- Filling vacancy.
112 (1) (a) If a legislative office candidate fails to file an interim report due before the
113 regular primary election, on August 31, or before the regular general election, the lieutenant
114 governor shall, after making a reasonable attempt to discover if the report was timely mailed,
115 inform the county clerk and other appropriate election officials who:
116 (i) shall, if practicable, remove the name of the candidate by blacking out the
117 candidate's name before the ballots are delivered to voters; or
118 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
119 the voters by any practicable method that the candidate has been disqualified and that votes
120 cast for the candidate will not be counted; and

121 (iii) may not count any votes for that candidate.
122 (b) Any legislative office candidate who fails to file timely a financial statement
123 required by Section 20A-11-303 is disqualified and the vacancy on the ballot may be filled as
124 provided in Section 20A-1-501 .
125 (c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
126 disqualified if:
127 (i) the candidate files the reports required by this section no later than the due date;
128 (ii) those reports are completed, detailing accurately and completely the information
129 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
130 and
131 (iii) those omissions, errors, or inaccuracies are corrected in accordance with Section
132 20A-11-104 H. [ in an amended report or in the next scheduled report ] .H .
133 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
134 governor shall review each filed summary report to ensure that:
135 (i) each legislative office candidate that is required to file a summary report has filed
136 one; and
137 (ii) each summary report contains the information required by this part.
138 (b) If it appears that any legislative office candidate has failed to file the summary
139 report required by law, if it appears that a filed summary report does not conform to the law, or
140 if the lieutenant governor has received a written complaint alleging a violation of the law or the
141 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
142 violation or receipt of a written complaint, notify the legislative office candidate of the
143 violation or written complaint and direct the legislative office candidate to file a summary
144 report correcting the problem in accordance with Section 20A-11-104 .
145 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
146 summary report within 14 days after receiving notice from the lieutenant governor under this
147 section.
148 (ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
149 class B misdemeanor.
150 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
151 attorney general.

152 Section 4. Section 20A-11-1305 is amended to read:
153 20A-11-1305. School board office candidate -- Failure to file statement -- Name
154 not printed on ballot -- Filling vacancy.
155 (1) (a) If a school board office candidate fails to file an interim report due before the
156 regular primary election, on August 31, and before the regular general election, the chief
157 election officer shall, after making a reasonable attempt to discover if the report was timely
158 mailed, inform the county clerk and other appropriate election officials who:
159 (i) shall, if practicable, remove the name of the candidate by blacking out the
160 candidate's name before the ballots are delivered to voters; or
161 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
162 the voters by any practicable method that the candidate has been disqualified and that votes
163 cast for candidate will not be counted; and
164 (iii) may not count any votes for that candidate.
165 (b) Any school board office candidate who fails to file timely a financial statement
166 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
167 Section 20A-1-501 .
168 (c) Notwithstanding Subsections (1)(a) and (1)(b), a school board office candidate is
169 not disqualified if:
170 (i) the candidate files the reports required by this section;
171 (ii) those reports are completed, detailing accurately and completely the information
172 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
173 and
174 (iii) those omissions, errors, or inaccuracies are corrected in accordance with Section
175 20A-11-104 H. [ in an amended report or in the next scheduled report ] .H .
176 (2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
177 for state school board, the lieutenant governor shall review each filed summary report to ensure
178 that:
179 (i) each state school board candidate that is required to file a summary report has filed
180 one; and
181 (ii) each summary report contains the information required by this part.
182 (b) If it appears that any state school board candidate has failed to file the summary

183 report required by law, if it appears that a filed summary report does not conform to the law, or
184 if the lieutenant governor has received a written complaint alleging a violation of the law or the
185 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
186 violation or receipt of a written complaint, notify the state school board candidate of the
187 violation or written complaint and direct the state school board candidate to file a summary
188 report correcting the problem in accordance with Section 20A-11-104 .
189 (c) (i) It is unlawful for any state school board candidate to fail to file or amend a
190 summary report within 14 days after receiving notice from the lieutenant governor under this
191 section.
192 (ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
193 class B misdemeanor.
194 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
195 attorney general.
196 (3) (a) Within 30 days after a deadline for the filing of a summary report, the county
197 clerk shall review each filed summary report to ensure that:
198 (i) each local school board candidate that is required to file a summary report has filed
199 one; and
200 (ii) each summary report contains the information required by this part.
201 (b) If it appears that any local school board candidate has failed to file the summary
202 report required by law, if it appears that a filed summary report does not conform to the law, or
203 if the county clerk has received a written complaint alleging a violation of the law or the falsity
204 of any summary report, the county clerk shall, within five days of discovery of a violation or
205 receipt of a written complaint, notify the local school board candidate of the violation or
206 written complaint and direct the local school board candidate to file a summary report
207 correcting the problem in accordance with Section 20A-11-104 .
208 (c) (i) It is unlawful for any local school board candidate to fail to file or amend a
209 summary report within 14 days after receiving notice from the county clerk under this section.
210 (ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
211 class B misdemeanor.
212 (iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
213 county attorney.

214 Section 5. Section 20A-12-306 is amended to read:
215 20A-12-306. Judges -- Failure to file reports -- Penalties.
216 (1) (a) If a judge's personal campaign committee fails to file the interim report due
217 before the regular general election, the lieutenant governor shall, after making a reasonable
218 attempt to discover if the report was timely mailed, inform the county clerk and other
219 appropriate election officials who:
220 (i) shall, if practicable, remove the name of the judge by blacking out the judge's name
221 before the ballots are delivered to voters; or
222 (ii) shall, if removing the judge's name from the ballot is not practicable, inform the
223 voters by any practicable method that the judge has been disqualified and that votes cast for the
224 judge will not be counted; and
225 (iii) may not count any votes for that judge.
226 (b) Any judge who fails to file timely a financial statement required by this part is
227 disqualified.
228 (c) Notwithstanding Subsections (1)(a) and (1)(b), a judge is not disqualified if:
229 (i) the candidate files the reports required by this section;
230 (ii) those reports are completed, detailing accurately and completely the information
231 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
232 and
233 (iii) those omissions, errors, or inaccuracies are corrected in accordance with Section
234 20A-11-104 H. [ in an amended report or in the next scheduled report ] .H .
235 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
236 governor shall review each filed summary report to ensure that:
237 (i) each judge that is required to file a summary report has filed one; and
238 (ii) each summary report contains the information required by this part.
239 (b) If it appears that any judge has failed to file the summary report required by law, if
240 it appears that a filed summary report does not conform to the law, or if the lieutenant governor
241 has received a written complaint alleging a violation of the law or the falsity of any summary
242 report, the lieutenant governor shall, within five days of discovery of a violation or receipt of a
243 written complaint, notify the judge of the violation or written complaint and direct the judge to
244 file a summary report correcting the problem in accordance with Section 20A-11-104 .

245 (c) (i) It is unlawful for any judge to fail to file or amend a summary report within 14
246 days after receiving notice from the lieutenant governor under this section.
247 (ii) Each judge who violates Subsection (2)(c)(i) is guilty of a class B misdemeanor.
248 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
249 attorney general.




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as of 11-18-09 12:03 PM

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