Seventh Substitute H.B. 329

Senator Scott K. Jenkins proposes the following substitute bill:

1 CAMPAIGN FINANCE AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ben C. Ferry
5 Senate Sponsor: Scott K. Jenkins
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions in Title 20A, Chapter 11, Campaign and Financial
10 Reporting Requirements and Title 20A, Chapter 12, Selection and Election of Judges.
11 Highlighted Provisions:
12 This bill:
13 . enacts, amends, and repeals definitions;
14 . requires a filing entity to electronically file a financial statement;
15 . requires the lieutenant governor to post a financial statement online in a searchable
16 format within three business days;
17 . requires checks that have been negotiated to be reported in an interim or summary
18 report;
19 . requires a person sponsoring certain electioneering communications to file a report;
20 . repeals a provision requiring a political action committee or political issues
21 committee to disclose the occupation of a person who makes a contribution;
22 . establishes additional filing deadlines for some filing entities;
23 . requires a corporation to disclose certain contracts with the state;
24 . prohibits making a campaign contribution in another's name;
25 . establishes reporting requirements for labor organizations;

26 . imposes a fine for failure to file a timely financial statement; and
27 . makes technical changes.
28 Monies Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 This bill takes effect on January 1, 2011.
32 Utah Code Sections Affected:
33 AMENDS:
34 20A-11-101, as last amended by Laws of Utah 2009, Chapters 60 and 361
35 20A-11-103, as last amended by Laws of Utah 2008, Chapters 14 and 49
36 20A-11-203, as last amended by Laws of Utah 2009, Chapter 361
37 20A-11-204, as last amended by Laws of Utah 2009, Chapter 361
38 20A-11-206, as last amended by Laws of Utah 2009, Chapter 202
39 20A-11-302, as last amended by Laws of Utah 2009, Chapter 361
40 20A-11-303, as last amended by Laws of Utah 2009, Chapter 361
41 20A-11-305, as last amended by Laws of Utah 2009, Chapter 202
42 20A-11-403, as repealed and reenacted by Laws of Utah 1997, Chapter 355
43 20A-11-507, as last amended by Laws of Utah 2008, Chapter 14
44 20A-11-508, as last amended by Laws of Utah 2008, Chapter 14
45 20A-11-602, as last amended by Laws of Utah 2008, Chapters 14 and 49
46 20A-11-603, as last amended by Laws of Utah 2008, Chapter 14
47 20A-11-701, as last amended by Laws of Utah 2008, Chapter 14
48 20A-11-702, as last amended by Laws of Utah 2008, Chapter 14
49 20A-11-703, as enacted by Laws of Utah 1997, Chapter 355
50 20A-11-802, as last amended by Laws of Utah 2008, Chapters 14 and 49
51 20A-11-901, as enacted by Laws of Utah 1995, Chapter 1
52 20A-11-1001, as last amended by Laws of Utah 1997, Chapter 355
53 20A-11-1002, as last amended by Laws of Utah 2002, Chapter 317
54 20A-11-1301, as last amended by Laws of Utah 2009, Chapters 227 and 361
55 20A-11-1302, as last amended by Laws of Utah 2009, Chapter 361
56 20A-11-1303, as last amended by Laws of Utah 2009, Chapter 361

57 20A-11-1305, as last amended by Laws of Utah 2008, Chapter 14
58 20A-12-303, as enacted by Laws of Utah 2001, Chapter 166
59 20A-12-304, as last amended by Laws of Utah 2008, Chapter 14
60 20A-12-305, as enacted by Laws of Utah 2001, Chapter 166
61 20A-12-306, as enacted by Laws of Utah 2001, Chapter 166
62 ENACTS:
63 20A-11-904, Utah Code Annotated 1953
64 20A-11-1005, Utah Code Annotated 1953
65 20A-11-1501, Utah Code Annotated 1953
66 20A-11-1502, Utah Code Annotated 1953
67 20A-11-1503, Utah Code Annotated 1953
68
69 Be it enacted by the Legislature of the state of Utah:
70 Section 1. Section 20A-11-101 is amended to read:
71 20A-11-101. Definitions.
72 As used in this chapter:
73 (1) "Address" means the number and street where an individual resides or where a
74 reporting entity has its principal office.
75 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
76 amendments, and any other ballot propositions submitted to the voters that are authorized by
77 the Utah Code Annotated 1953.
78 (3) "Candidate" means any person who:
79 (a) files a declaration of candidacy for a public office; or
80 (b) receives contributions, makes expenditures, or gives consent for any other person to
81 receive contributions or make expenditures to bring about the person's nomination or election
82 to a public office.
83 (4) "Chief election officer" means:
84 (a) the lieutenant governor for state office candidates, legislative office candidates,
85 officeholders, political parties, political action committees, corporations, political issues
86 committees, [and] state school board candidates, judges, and labor organizations, as defined in
87 Section 20A-11-1501 ; and

88 (b) the county clerk for local school board candidates.
89 [(5) "Continuing political party" means an organization of voters that participated in
90 the last regular general election and polled a total vote equal to 2% or more of the total votes
91 cast for all candidates for the United States House of Representatives.]
92 [(6)] (5) (a) "Contribution" means any of the following when done for political
93 purposes:
94 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
95 value given to the filing entity;
96 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
97 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
98 anything of value to the filing entity;
99 (iii) any transfer of funds from another reporting entity [or a corporation] to the filing
100 entity;
101 (iv) compensation paid by any person or reporting entity other than the filing entity for
102 personal services provided without charge to the filing entity;
103 (v) remuneration from:
104 (A) any organization or its directly affiliated organization that has a registered lobbyist
105 [to compensate a legislator for a loss of salary or income while the Legislature is in session]; or
106 [(vi) salaries or other remuneration paid to a legislator by]
107 (B) any agency or subdivision of the state, including school districts[, for the period the
108 Legislature is in session]; and
109 [(vii)] (vi) goods or services provided to or for the benefit of the filing entity at less
110 than fair market value.
111 (b) "Contribution" does not include:
112 (i) services provided without compensation by individuals volunteering a portion or all
113 of their time on behalf of the filing entity;
114 (ii) money lent to the filing entity by a financial institution in the ordinary course of
115 business; or
116 (iii) goods or services provided for the benefit of a candidate or political party at less
117 than fair market value that are not authorized by or coordinated with the candidate or political
118 party.

119 [(7)] (6) "Coordinated with" means that goods or services provided for the benefit of a
120 candidate or political party are provided:
121 (a) with the candidate's or political party's prior knowledge, if the candidate or political
122 party does not object;
123 (b) by agreement with the candidate or political party;
124 (c) in coordination with the candidate or political party; or
125 (d) using official logos, slogans, and similar elements belonging to a candidate or
126 political party.
127 [(8)] (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
128 organization that is registered as a corporation or is authorized to do business in a state and
129 makes any expenditure from corporate funds for:
130 (i) the purpose of expressly advocating for political purposes; or
131 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
132 proposition.
133 (b) "Corporation" does not mean:
134 (i) a business organization's political action committee or political issues committee; or
135 (ii) a business entity organized as a partnership or a sole proprietorship.
136 [(9)] (8) "Detailed listing" means:
137 (a) for each contribution or public service assistance:
138 (i) the name and address of the individual or source making the contribution or public
139 service assistance;
140 (ii) the amount or value of the contribution or public service assistance; and
141 (iii) the date the contribution or public service assistance was made; and
142 (b) for each expenditure:
143 (i) the amount of the expenditure;
144 (ii) the person or entity to whom it was disbursed;
145 (iii) the specific purpose, item, or service acquired by the expenditure; and
146 (iv) the date the expenditure was made.
147 [(10)] (9) "Election" means each:
148 (a) regular general election;
149 (b) regular primary election; and

150 (c) special election at which candidates are eliminated and selected.
151 (10) "Electioneering communication" means a communication that:
152 (a) has at least a value of $10,000;
153 (b) clearly identifies a candidate or judge; and
154 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
155 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
156 identified candidate's or judge's election date.
157 (11) (a) "Expenditure" means:
158 (i) any disbursement from contributions, receipts, or from the separate bank account
159 required by this chapter;
160 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
161 or anything of value made for political purposes;
162 (iii) an express, legally enforceable contract, promise, or agreement to make any
163 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
164 value for political purposes;
165 (iv) compensation paid by [a corporation or] a filing entity for personal services
166 rendered by a person without charge to a reporting entity;
167 (v) a transfer of funds between the filing entity and a candidate's personal campaign
168 committee; or
169 (vi) goods or services provided by the filing entity to or for the benefit of another
170 reporting entity for political purposes at less than fair market value.
171 (b) "Expenditure" does not include:
172 (i) services provided without compensation by individuals volunteering a portion or all
173 of their time on behalf of a reporting entity;
174 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
175 business; or
176 (iii) anything listed in Subsection (11)(a) that is given by [a corporation or] a reporting
177 entity to candidates for office or officeholders in states other than Utah.
178 (12) "Filing entity" means the reporting entity that is [filing] required to file a financial
179 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
180 (13) "Financial statement" includes any summary report, interim report, verified

181 financial statement, or other statement disclosing contributions, expenditures, receipts,
182 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
183 Retention Elections.
184 (14) "Governing board" means the individual or group of individuals that determine the
185 candidates and committees that will receive expenditures from a political action committee,
186 political party, or corporation.
187 (15) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
188 Incorporation, by which a geographical area becomes legally recognized as a city or town.
189 (16) "Incorporation election" means the election authorized by Section 10-2-111 .
190 (17) "Incorporation petition" means a petition authorized by Section 10-2-109 .
191 (18) "Individual" means a natural person.
192 (19) "Interim report" means a report identifying the contributions received and
193 expenditures made since the last report.
194 (20) "Legislative office" means the office of state senator, state representative, speaker
195 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
196 whip of any party caucus in either house of the Legislature.
197 (21) "Legislative office candidate" means a person who:
198 (a) files a declaration of candidacy for the office of state senator or state representative;
199 (b) declares [himself] oneself to be a candidate for, or actively campaigns for, the
200 position of speaker of the House of Representatives, president of the Senate, or the leader,
201 whip, and assistant whip of any party caucus in either house of the Legislature; [and] or
202 (c) receives contributions, makes expenditures, or gives consent for any other person to
203 receive contributions or make expenditures to bring about the person's nomination or election
204 to a legislative office.
205 [(22) "Newly registered political party" means an organization of voters that has
206 complied with the petition and organizing procedures of this chapter to become a registered
207 political party.]
208 [(23)] (22) "Officeholder" means a person who holds a public office.
209 [(24)] (23) "Party committee" means any committee organized by or authorized by the
210 governing board of a registered political party.
211 [(25)] (24) "Person" means both natural and legal persons, including individuals,

212 business organizations, personal campaign committees, party committees, political action
213 committees, political issues committees, [labor unions,] and labor organizations, as defined in
214 Section 20A-11-1501 .
215 [(26)] (25) "Personal campaign committee" means the committee appointed by a
216 candidate to act for the candidate as provided in this chapter.
217 [(27)] (26) (a) "Political action committee" means an entity, or any group of
218 individuals or entities within or outside this state, a major purpose of which is to:
219 (i) solicit or receive contributions from any other person, group, or entity for political
220 purposes; or
221 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
222 vote for or against any candidate [for] or person seeking election to a municipal or county
223 office.
224 (b) "Political action committee" includes groups affiliated with a registered political
225 party but not authorized or organized by the governing board of the registered political party
226 that receive contributions or makes expenditures for political purposes.
227 (c) "Political action committee" does not mean:
228 (i) a party committee;
229 (ii) any entity that provides goods or services to a candidate or committee in the regular
230 course of its business at the same price that would be provided to the general public;
231 (iii) an individual;
232 (iv) individuals who are related and who make contributions from a joint checking
233 account;
234 (v) a corporation, except a corporation a major purpose of which is to act as a political
235 action committee; or
236 (vi) a personal campaign committee.
237 [(28)] (27) "Political convention" means a county or state political convention held by
238 a registered political party to select candidates.
239 [(29)] (28) (a) "Political issues committee" means an entity, or any group of individuals
240 or entities within or outside this state, a major purpose of which is to:
241 (i) solicit or receive donations from any other person, group, or entity to assist in
242 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or

243 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
244 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
245 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
246 proposed ballot proposition or an incorporation in an incorporation election; or
247 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
248 ballot or to assist in keeping a ballot proposition off the ballot.
249 (b) "Political issues committee" does not mean:
250 (i) a registered political party or a party committee;
251 (ii) any entity that provides goods or services to an individual or committee in the
252 regular course of its business at the same price that would be provided to the general public;
253 (iii) an individual;
254 (iv) individuals who are related and who make contributions from a joint checking
255 account; or
256 (v) a corporation, except a corporation a major purpose of which is to act as a political
257 issues committee.
258 [(30)] (29) (a) "Political issues contribution" means any of the following:
259 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
260 anything of value given to a political issues committee;
261 (ii) an express, legally enforceable contract, promise, or agreement to make a political
262 issues donation to influence the approval or defeat of any ballot proposition;
263 (iii) any transfer of funds received by a political issues committee from a reporting
264 entity;
265 (iv) compensation paid by another reporting entity for personal services rendered
266 without charge to a political issues committee; and
267 (v) goods or services provided to or for the benefit of a political issues committee at
268 less than fair market value.
269 (b) "Political issues contribution" does not include:
270 (i) services provided without compensation by individuals volunteering a portion or all
271 of their time on behalf of a political issues committee; or
272 (ii) money lent to a political issues committee by a financial institution in the ordinary
273 course of business.

274 [(31)] (30) (a) "Political issues expenditure" means any of the following:
275 (i) any payment from political issues contributions made for the purpose of influencing
276 the approval or the defeat of:
277 (A) a ballot proposition; or
278 (B) an incorporation petition or incorporation election;
279 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
280 the express purpose of influencing the approval or the defeat of:
281 (A) a ballot proposition; or
282 (B) an incorporation petition or incorporation election;
283 (iii) an express, legally enforceable contract, promise, or agreement to make any
284 political issues expenditure;
285 (iv) compensation paid by a reporting entity for personal services rendered by a person
286 without charge to a political issues committee; or
287 (v) goods or services provided to or for the benefit of another reporting entity at less
288 than fair market value.
289 (b) "Political issues expenditure" does not include:
290 (i) services provided without compensation by individuals volunteering a portion or all
291 of their time on behalf of a political issues committee; or
292 (ii) money lent to a political issues committee by a financial institution in the ordinary
293 course of business.
294 [(32)] (31) "Political purposes" means an act done with the intent or in a way to
295 influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
296 for or against any candidate [for public office] or a person seeking a municipal or county office
297 at any caucus, political convention, [primary,] or election.
298 [(33)] (32) "Primary election" means any regular primary election held under the
299 election laws.
300 [(34)] (33) "Public office" means the office of governor, lieutenant governor, state
301 auditor, state treasurer, attorney general, state or local school board member, state senator, state
302 representative, speaker of the House of Representatives, president of the Senate, and the leader,
303 whip, and assistant whip of any party caucus in either house of the Legislature.
304 [(35)] (34) (a) "Public service assistance" means the following when given or provided

305 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
306 communicate with the officeholder's constituents:
307 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
308 money or anything of value to an officeholder; or
309 (ii) goods or services provided at less than fair market value to or for the benefit of the
310 officeholder.
311 (b) "Public service assistance" does not include:
312 (i) anything provided by the state;
313 (ii) services provided without compensation by individuals volunteering a portion or all
314 of their time on behalf of an officeholder;
315 (iii) money lent to an officeholder by a financial institution in the ordinary course of
316 business;
317 (iv) news coverage or any publication by the news media; or
318 (v) any article, story, or other coverage as part of any regular publication of any
319 organization unless substantially all the publication is devoted to information about the
320 officeholder.
321 [(36)] (35) "Publicly identified class of individuals" means a group of 50 or more
322 individuals sharing a common occupation, interest, or association that contribute to a political
323 action committee or political issues committee and whose names can be obtained by contacting
324 the political action committee or political issues committee upon whose financial [report they]
325 statement the individuals are listed.
326 [(37)] (36) "Receipts" means contributions and public service assistance.
327 [(38)] (37) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
328 Lobbyist Disclosure and Regulation Act.
329 [(39)] (38) "Registered political action committee" means any political action
330 committee that is required by this chapter to file a statement of organization with the lieutenant
331 governor's office.
332 [(40)] (39) "Registered political issues committee" means any political issues
333 committee that is required by this chapter to file a statement of organization with the lieutenant
334 governor's office.
335 [(41)] (40) "Registered political party" means an organization of voters that:

336 (a) participated in the last regular general election and polled a total vote equal to 2%
337 or more of the total votes cast for all candidates for the United States House of Representatives
338 for any of its candidates for any office; or
339 (b) has complied with the petition and organizing procedures of [this chapter] Chapter
340 8, Political Party Formation and Procedures.
341 (41) (a) "Remuneration" means a payment:
342 (i) made to a legislator for the period the Legislature is in session; and
343 (ii) that is approximately equivalent to an amount a legislator would have earned
344 during the period the Legislature is in session in the legislator's ordinary course of business.
345 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
346 (i) the legislator's primary employer in the ordinary course of business; or
347 (ii) a person or entity in the ordinary course of business:
348 (A) because of the legislator's ownership interest in the entity; or
349 (B) for services rendered by the legislator on behalf of the person or entity.
350 (42) "Reporting entity" means a candidate, a candidate's personal campaign committee,
351 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
352 action committee, [and] a political issues committee, a corporation, or a labor organization, as
353 defined in Section 20A-11-1501 .
354 (43) "School board office" means the office of state school board or local school board.
355 (44) (a) "Source" means the person or entity that is the legal owner of the tangible or
356 intangible asset that comprises the contribution.
357 (b) "Source" means, for political action committees and corporations, the political
358 action committee and the corporation as entities, not the contributors to the political action
359 committee or the owners or shareholders of the corporation.
360 (45) "State office" means the offices of governor, lieutenant governor, attorney general,
361 state auditor, and state treasurer.
362 (46) "State office candidate" means a person who:
363 (a) files a declaration of candidacy for a state office; or
364 (b) receives contributions, makes expenditures, or gives consent for any other person to
365 receive contributions or make expenditures to bring about the person's nomination or election
366 to a state office.

367 (47) "Summary report" means the year end report containing the summary of a
368 reporting entity's contributions and expenditures.
369 (48) "Supervisory board" means the individual or group of individuals that allocate
370 expenditures from a political issues committee.
371 Section 2. Section 20A-11-103 is amended to read:
372 20A-11-103. Notice of pending interim and summary reports -- Form of
373 submission -- Public availability -- Notice of local filings.
374 (1) (a) Except as provided under Subsection (1)(b), 10 days before [a financial
375 statement from a state office candidate, legislative office candidate, officeholder, state school
376 board candidate, political party, political action committee, political issues committee, or
377 judge] an interim report or summary report is due under this chapter[,] or Chapter 12, Part 2,
378 Judicial Retention Elections, the [lieutenant governor] chief election officer shall inform [those
379 candidates, officeholders, parties, committees, and judges] the filing entity by postal mail or, if
380 requested by the [candidate, officeholder, party, committee, or judge] filing entity, by electronic
381 mail:
382 (i) that the financial statement is due;
383 (ii) of the date that the financial statement is due; and
384 (iii) of the penalty for failing to file the financial statement.
385 [(iii) if the notification is sent to a judge in reference to the interim report due before
386 the regular general election, or to a candidate in reference to an interim report due before the
387 regular primary election, on August 31, or before the regular general election, that if the report
388 is not timely filed, voters will be informed that the candidate or judge has been disqualified and
389 any votes cast for the candidate or judge will not be counted;]
390 [(iv) if the notification is sent to a political party, political action committee, or
391 political issues committee in reference to an interim report or a verified financial statement,
392 that the entity may be guilty of a class B misdemeanor for failing to file the report or statement;
393 and]
394 [(v) if the notification is in reference to a summary report, that the candidate,
395 officeholder, party, committee, or judge may be guilty of a class B misdemeanor for failing to
396 file the report.]
397 (b) Notwithstanding the provisions of Subsection (1)(a), under this section the

398 [lieutenant governor] chief election officer is not required to provide notice:
399 (i) to a candidate or political party of the financial statement that is due before the
400 candidate's political convention; [or]
401 (ii) of a financial statement due in connection with a public hearing for an initiative
402 under the requirements of Section 20A-7-204.1 [.]; or
403 [(c) Ten days before an interim or summary report from a local school board candidate
404 is due under this chapter, the county clerk shall inform the candidate by postal mail or, if
405 requested, by electronic mail:]
406 [(i) that the report is due;]
407 [(ii) the date that the report is due;]
408 [(iii) if the notification is in reference to an interim report due before the regular
409 primary election, on August 31, or before the regular general election, that, if the report is not
410 timely filed, voters will be informed that the candidate has been disqualified and any votes cast
411 for the candidate will not be counted; and]
412 [(iv) if the notification is in reference to a summary report, that the candidate may be
413 guilty of a class B misdemeanor for failing to file the report.]
414 [(2) Persons or entities submitting financial statements required by this chapter may
415 submit them: (a) on paper, printed, typed, or legibly handwritten or hand printed; (b) on a
416 computer disk according to specifications established by the chief election officer that protect
417 against fraudulent filings and secure the accuracy of the information contained on the computer
418 disk; (c) via fax; or]
419 (iii) to a corporation or labor organization, as defined in Section 20A-11-1501 .
420 [(d)] (2) A filing entity shall electronically file a financial statement via electronic mail
421 or the Internet[,] according to specifications established by the chief election officer.
422 (3) A financial statement is considered timely filed if[: (a)] it is received [in] by the
423 chief election officer's office [no later than 5:00 p.m.] before the close of regular office hours
424 on the date that it is due[;].
425 [(b) it is received in the chief election officer's office with a postmark three days or
426 more before the date that the financial statement was due; or]
427 [(c) the candidate, judge, or entity has proof that the financial statement was mailed,
428 with appropriate postage and addressing, three days before the financial statement was due.]

429 (4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
430 Access and Management Act, the lieutenant governor shall:
431 (a) make each campaign finance statement filed by a candidate available for public
432 inspection and copying no later than one business day after the statement is filed; and
433 (b) post an electronic copy or the contents of each [campaign finance] financial
434 statement in a searchable format on a website established by the lieutenant governor:
435 (i) for campaign finance statements submitted to the lieutenant governor under the
436 requirements of Section 10-3-208 or Section 17-16-6.5 , no later than seven business days after
437 the date of receipt of the campaign finance statement; or
438 (ii) for a [campaign finance statement] summary report or interim report filed under the
439 requirements of this chapter or Chapter 12, Part 2, Judicial Retention Elections, no later than
440 [seven] three business days after the date the statement is [due.] electronically filed.
441 (5) If a municipality, under Section 10-3-208 , or a county, under Section 17-16-6.5 ,
442 elects to provide campaign finance disclosure on its own website, rather than through the
443 lieutenant governor, the website established by the lieutenant governor shall contain a link or
444 other access point to the municipality or county website.
445 Section 3. Section 20A-11-203 is amended to read:
446 20A-11-203. State office candidate -- Financial reporting requirements --
447 Year-end summary report.
448 (1) (a) Each state office candidate shall file a summary report by January 10 of the year
449 after the regular general election year.
450 (b) [Beginning with the 2008 regular general election and in] In addition to the
451 requirements of Subsection (1)(a), a former state office candidate that has not filed the
452 statement of dissolution and final summary report required under Section 20A-11-205 shall
453 continue to file a summary report on January 10 of each year.
454 (2) (a) Each summary report shall include the following information as of December 31
455 of the previous year:
456 (i) the net balance of the last [summary report] financial statement, if any;
457 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
458 if any;
459 (iii) a single figure equal to the total amount of expenditures reported on all interim

460 reports, if any, filed during the previous year;
461 (iv) a detailed listing of each contribution and public service assistance received since
462 the last summary report that has not been reported in detail on an interim report;
463 (v) for each nonmonetary contribution:
464 (A) the fair market value of the contribution with that information provided by the
465 contributor; and
466 (B) a specific description of the contribution;
467 (vi) a detailed listing of each expenditure made since the last summary report that has
468 not been reported in detail on an interim report;
469 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
470 (viii) a net balance for the year consisting of the net balance from the last summary
471 report, if any, plus all receipts minus all expenditures.
472 (b) (i) For all single contributions or public service assistance of $50 or less, a single
473 aggregate figure may be reported without separate detailed listings.
474 (ii) Two or more contributions from the same source that have an aggregate total of
475 more than $50 may not be reported in the aggregate, but shall be reported separately.
476 (c) In preparing the report, all receipts and expenditures shall be reported as of
477 December 31 of the previous year.
478 (d) A check or negotiable instrument received by a state office candidate or a state
479 office candidate's personal campaign committee on or before December 31 of the previous year
480 shall be included in the summary report.
481 (3) [The summary report shall contain a paragraph signed by an] An authorized
482 member of the state office candidate's personal campaign committee or [by] the state office
483 candidate [certifying] shall certify in the summary report that, to the best of the [signer's]
484 person's knowledge, all receipts and all expenditures have been reported as of December 31 of
485 the previous year and that there are no bills or obligations outstanding and unpaid except as set
486 forth in that report.
487 Section 4. Section 20A-11-204 is amended to read:
488 20A-11-204. State office candidate -- Financial reporting requirements -- Interim
489 reports.
490 (1) Each state office candidate shall file an interim report at the following times in any

491 year in which the candidate has filed a declaration of candidacy for a public office:
492 (a) seven days before the candidate's political convention;
493 (b) seven days before the regular primary election date;
494 (c) August 31; and
495 (d) seven days before the regular general election date.
496 (2) Each interim report shall include the following information:
497 (a) the net balance of the last summary report, if any;
498 (b) a single figure equal to the total amount of receipts reported on all prior interim
499 reports, if any, during the calendar year in which the interim report is due;
500 (c) a single figure equal to the total amount of expenditures reported on all prior
501 interim reports, if any, filed during the calendar year in which the interim report is due;
502 (d) a detailed listing of each contribution and public service assistance received since
503 the last summary report that has not been reported in detail on a prior interim report;
504 (e) for each nonmonetary contribution:
505 (i) the fair market value of the contribution with that information provided by the
506 contributor; and
507 (ii) a specific description of the contribution;
508 (f) a detailed listing of each expenditure made since the last summary report that has
509 not been reported in detail on a prior interim report;
510 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
511 (h) a net balance for the year consisting of the net balance from the last summary
512 report, if any, plus all receipts since the last summary report minus all expenditures since the
513 last summary report; and
514 (i) a summary page in the form required by the lieutenant governor that identifies:
515 (i) beginning balance;
516 (ii) total contributions during the period since the last statement;
517 (iii) total contributions to date;
518 (iv) total expenditures during the period since the last statement; and
519 (v) total expenditures to date.
520 (3) (a) For all individual contributions or public service assistance of $50 or less, a
521 single aggregate figure may be reported without separate detailed listings.

522 (b) Two or more contributions from the same source that have an aggregate total of
523 more than $50 may not be reported in the aggregate, but shall be reported separately.
524 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
525 as of five days before the required filing date of the report.
526 (b) Any negotiable instrument or check received by a state office candidate more than
527 five days before the required filing date of a report required by this section shall be [negotiated
528 and] included in the interim report.
529 Section 5. Section 20A-11-206 is amended to read:
530 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
531 (1) (a) If a state office candidate fails to file an interim report due before the regular
532 primary election, on August 31, or before the regular general election, the lieutenant governor
533 shall, after making a reasonable attempt to discover if the report was timely [mailed,] filed:
534 (i) inform the county clerk and other appropriate election officials who:
535 [(i)] (A) (I) shall, if practicable, remove the name of the candidate [by blacking out the
536 candidate's name] from the ballots before the ballots are delivered to voters; or
537 [(ii)] (II) shall, if removing the candidate's name from the ballot is not practicable,
538 inform the voters by any practicable method that the candidate has been disqualified and that
539 votes cast for the candidate will not be counted; and
540 [(iii)] (B) may not count any votes for that candidate[.]; and
541 (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005 .
542 (b) Any state office candidate who fails to file timely a financial statement required by
543 Section 20A-11-204 is disqualified and the vacancy on the ballot may be filled as provided in
544 Section 20A-1-501 .
545 (c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
546 disqualified and the lieutenant governor may not impose a fine if:
547 (i) the candidate timely files the reports required by this section no later than the due
548 date in accordance with Section 20A-11-103 ;
549 (ii) [those] the reports are completed, detailing accurately and completely the
550 information required by this part except for inadvertent omissions or insignificant errors or
551 inaccuracies; and
552 (iii) [those] the omissions, errors, or inaccuracies described in Subsection (1)(b)(ii) are

553 corrected in:
554 (A) an amended report; or [in]
555 (B) the next scheduled report.
556 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
557 governor shall review each filed summary report to ensure that:
558 (i) each state office candidate that is required to file a summary report has filed one;
559 and
560 (ii) each summary report contains the information required by this part.
561 (b) If it appears that any state office candidate has failed to file the summary report
562 required by law, if it appears that a filed summary report does not conform to the law, or if the
563 lieutenant governor has received a written complaint alleging a violation of the law or the
564 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
565 violation or receipt of a written complaint, notify the state office candidate of the violation or
566 written complaint and direct the state office candidate to file a summary report correcting the
567 problem.
568 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
569 report within 14 days after receiving notice from the lieutenant governor under this section.
570 (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
571 misdemeanor.
572 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
573 attorney general.
574 Section 6. Section 20A-11-302 is amended to read:
575 20A-11-302. Legislative office candidate -- Financial reporting requirements --
576 Year-end summary report.
577 (1) (a) Each legislative office candidate shall file a summary report by January 10 of
578 the year after the regular general election year.
579 (b) [Beginning with the 2008 regular general election and in] In addition to the
580 requirements of Subsection (1)(a), a former legislative office candidate that has not filed the
581 statement of dissolution and final summary report required under Section 20A-11-304 shall
582 continue to file a summary report on January 10 of each year.
583 (2) (a) Each summary report shall include the following information as of December 31

584 of the previous year:
585 (i) the net balance of the last [summary report] financial statement, if any;
586 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
587 if any, during the calendar year in which the summary report is due;
588 (iii) a single figure equal to the total amount of expenditures reported on all interim
589 reports, if any, filed during the previous year;
590 (iv) a detailed listing of each receipt, contribution, and public service assistance since
591 the last summary report that has not been reported in detail on an interim report;
592 (v) for each nonmonetary contribution:
593 (A) the fair market value of the contribution with that information provided by the
594 contributor; and
595 (B) a specific description of the contribution;
596 (vi) a detailed listing of each expenditure made since the last summary report that has
597 not been reported in detail on an interim report;
598 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
599 (viii) a net balance for the year consisting of the net balance from the last summary
600 report, if any, plus all receipts minus all expenditures.
601 (b) (i) For all individual contributions or public service assistance of $50 or less, a
602 single aggregate figure may be reported without separate detailed listings.
603 (ii) Two or more contributions from the same source that have an aggregate total of
604 more than $50 may not be reported in the aggregate, but shall be reported separately.
605 (c) In preparing the report, all receipts and expenditures shall be reported as of
606 December 31 of the previous year.
607 (d) A check or negotiable instrument received by a legislative office candidate on or
608 before December 31 of the previous year shall be included in the summary report.
609 (3) [The summary report shall contain a paragraph signed by the] The legislative office
610 candidate [certifying] shall certify in the summary report that to the best of the candidate's
611 knowledge, all receipts and all expenditures have been reported as of December 31 of the
612 previous year and that there are no bills or obligations outstanding and unpaid except as set
613 forth in that report.
614 Section 7. Section 20A-11-303 is amended to read:

615 20A-11-303. Legislative office candidate -- Financial reporting requirements --
616 Interim reports.
617 (1) Each legislative office candidate shall file an interim report at the following times
618 in any year in which the candidate has filed a declaration of candidacy for a public office:
619 (a) seven days before the candidate's political convention;
620 (b) seven days before the regular primary election date;
621 (c) August 31; and
622 (d) seven days before the regular general election date.
623 (2) Each interim report shall include the following information:
624 (a) the net balance of the last summary report, if any;
625 (b) a single figure equal to the total amount of receipts reported on all prior interim
626 reports, if any, during the calendar year in which the interim report is due;
627 (c) a single figure equal to the total amount of expenditures reported on all prior
628 interim reports, if any, filed during the calendar year in which the interim report is due;
629 (d) a detailed listing of each contribution and public service assistance received since
630 the last summary report that has not been reported in detail on a prior interim report;
631 (e) for each nonmonetary contribution:
632 (i) the fair market value of the contribution with that information provided by the
633 contributor; and
634 (ii) a specific description of the contribution;
635 (f) a detailed listing of each expenditure made since the last summary report that has
636 not been reported in detail on a prior interim report;
637 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
638 (h) a net balance for the year consisting of the net balance from the last summary
639 report, if any, plus all receipts since the last summary report minus all expenditures since the
640 last summary report; and
641 (i) a summary page in the form required by the lieutenant governor that identifies:
642 (i) beginning balance;
643 (ii) total contributions during the period since the last statement;
644 (iii) total contributions to date;
645 (iv) total expenditures during the period since the last statement; and

646 (v) total expenditures to date.
647 (3) (a) For all individual contributions or public service assistance of $50 or less, a
648 single aggregate figure may be reported without separate detailed listings.
649 (b) Two or more contributions from the same source that have an aggregate total of
650 more than $50 may not be reported in the aggregate, but shall be reported separately.
651 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
652 as of five days before the required filing date of the report.
653 (b) Any negotiable instrument or check received by a legislative office candidate more
654 than five days before the required filing date of a report required by this section shall be
655 [negotiated and] included in the interim report.
656 Section 8. Section 20A-11-305 is amended to read:
657 20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
658 (1) (a) If a legislative office candidate fails to file an interim report due before the
659 regular primary election, on August 31, or before the regular general election, the lieutenant
660 governor shall, after making a reasonable attempt to discover if the report was timely [mailed,]
661 filed:
662 (i) inform the county clerk and other appropriate election officials who:
663 [(i)] (A) (I) shall, if practicable, remove the name of the candidate [by blacking out the
664 candidate's name] from the ballots before the ballots are delivered to voters; or
665 [(ii)] (II) shall, if removing the candidate's name from the ballot is not practicable,
666 inform the voters by any practicable method that the candidate has been disqualified and that
667 votes cast for the candidate will not be counted; and
668 [(iii)] (B) may not count any votes for that candidate[.]; and
669 (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005 .
670 (b) Any legislative office candidate who fails to file timely a financial statement
671 required by Section 20A-11-303 is disqualified and the vacancy on the ballot may be filled as
672 provided in Section 20A-1-501 .
673 (c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
674 disqualified and the lieutenant governor may not impose a fine if:
675 (i) the candidate timely files the reports required by this section no later than the due
676 date in accordance with Section 20A-11-103 ;

677 (ii) [those] the reports are completed, detailing accurately and completely the
678 information required by this part except for inadvertent omissions or insignificant errors or
679 inaccuracies; and
680 (iii) [those] the omissions, errors, or inaccuracies described in Subsection (1)(b)(ii) are
681 corrected in:
682 (A) an amended report; or [in]
683 (B) the next scheduled report.
684 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
685 governor shall review each filed summary report to ensure that:
686 (i) each legislative office candidate that is required to file a summary report has filed
687 one; and
688 (ii) each summary report contains the information required by this part.
689 (b) If it appears that any legislative office candidate has failed to file the summary
690 report required by law, if it appears that a filed summary report does not conform to the law, or
691 if the lieutenant governor has received a written complaint alleging a violation of the law or the
692 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
693 violation or receipt of a written complaint, notify the legislative office candidate of the
694 violation or written complaint and direct the legislative office candidate to file a summary
695 report correcting the problem.
696 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
697 summary report within 14 days after receiving notice from the lieutenant governor under this
698 section.
699 (ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
700 class B misdemeanor.
701 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
702 attorney general.
703 Section 9. Section 20A-11-403 is amended to read:
704 20A-11-403. Failure to file -- Penalties.
705 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
706 governor shall review each filed summary report to ensure that:
707 (a) each officeholder that is required to file a summary report has filed one; and

708 (b) each summary report contains the information required by this part.
709 (2) If it appears that any officeholder has failed to file the summary report required by
710 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
711 governor has received a written complaint alleging a violation of the law or the falsity of any
712 summary report, the lieutenant governor shall[,]:
713 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005 ; and
714 (b) within five days of discovery of a violation or receipt of a written complaint, notify
715 the officeholder of the violation or written complaint and direct the officeholder to file a
716 summary report correcting the problem.
717 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
718 within 14 days after receiving notice from the lieutenant governor under this section.
719 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
720 misdemeanor.
721 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
722 attorney general.
723 Section 10. Section 20A-11-507 is amended to read:
724 20A-11-507. Political party financial reporting requirements -- Interim reports.
725 (1) The party committee of each registered political party shall file an interim report at
726 the following times in any year in which there is a regular general election:
727 (a) seven days before the registered political party's political convention;
728 (b) seven days before the regular primary election date;
729 [(a)] (c) August 31; and
730 [(b)] (d) seven days before the general election date.
731 (2) Each interim report shall include the following information:
732 (a) the net balance of the last [summary report] financial statement, if any;
733 (b) a single figure equal to the total amount of receipts reported on all prior interim
734 reports, if any, during the calendar year in which the interim report is due;
735 (c) a single figure equal to the total amount of expenditures reported on all prior
736 interim reports, if any, filed during the calendar year in which the interim report is due;
737 (d) a detailed listing of each contribution and public service assistance received since
738 the last summary report that has not been reported in detail on a prior interim report;

739 (e) for each nonmonetary contribution, the fair market value of the contribution;
740 (f) a detailed listing of each expenditure made since the last summary report that has
741 not been reported in detail on a prior interim report;
742 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
743 (h) a net balance for the year consisting of the net balance from the last summary
744 report, if any, plus all receipts since the last summary report minus all expenditures since the
745 last summary report; and
746 (i) a summary page in the form required by the lieutenant governor that identifies:
747 (i) beginning balance;
748 (ii) total contributions during the period since the last statement;
749 (iii) total contributions to date;
750 (iv) total expenditures during the period since the last statement; and
751 (v) total expenditures to date.
752 (3) (a) For all individual contributions or public service assistance of $50 or less, a
753 single aggregate figure may be reported without separate detailed listings.
754 (b) Two or more contributions from the same source that have an aggregate total of
755 more than $50 may not be reported in the aggregate, but shall be reported separately.
756 (4) In preparing each interim report, all receipts and expenditures shall be reported as
757 of five days before the required filing date of the report.
758 Section 11. Section 20A-11-508 is amended to read:
759 20A-11-508. Political party reporting requirements -- Criminal penalties -- Fines.
760 (1) (a) Each registered political party that fails to file the interim reports due before the
761 regular primary election, on August 31, or before the regular general election is:
762 (i) subject to a fine imposed in accordance with Section 20A-11-1005 ; and
763 (ii) guilty of a class B misdemeanor.
764 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
765 attorney general.
766 (2) Within 30 days after a deadline for the filing of a summary report required by this
767 part, the lieutenant governor shall review each filed report to ensure that:
768 (a) each political party that is required to file a report has filed one; and
769 (b) each report contains the information required by this part.

770 (3) If it appears that any political party has failed to file a report required by law, if it
771 appears that a filed report does not conform to the law, or if the lieutenant governor has
772 received a written complaint alleging a violation of the law or the falsity of any report, the
773 lieutenant governor shall, within five days of discovery of a violation or receipt of a written
774 complaint, notify the political party of the violation or written complaint and direct the political
775 party to file a summary report correcting the problem.
776 (4) (a) It is unlawful for any political party to fail to file or amend a summary report
777 within 14 days after receiving notice from the lieutenant governor under this section.
778 (b) Each political party who violates Subsection (4)(a) is guilty of a class B
779 misdemeanor.
780 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
781 attorney general.
782 Section 12. Section 20A-11-602 is amended to read:
783 20A-11-602. Political action committees -- Financial reporting.
784 (1) (a) Each registered political action committee that has received contributions
785 totaling at least $750, or disbursed expenditures totaling at least $50, during a calendar year
786 shall file a verified financial statement with the lieutenant governor's office [on]:
787 (i) on January 10, reporting contributions and expenditures as of December 31 of the
788 previous year;
789 (ii) seven days before the regular primary election date;
790 [(ii)] (iii) on August 31; and
791 [(iii)] (iv) seven days before the regular general election date.
792 (b) The registered political action committee shall report:
793 (i) a detailed listing of all contributions received and expenditures made since the last
794 statement; and
795 (ii) for financial statements filed [on August 31 and before the general election] under
796 Subsections (1)(a)(ii) through (iv), all contributions and expenditures as of five days before the
797 required filing date of the financial statement.
798 (c) The registered political action committee need not file a statement under this
799 section if it received no contributions and made no expenditures during the reporting period.
800 (2) (a) The verified financial statement shall include:

801 (i) the name[,] and address[, and occupation] of any individual that makes a
802 contribution to the reporting political action committee, and the amount of the contribution;
803 (ii) the identification of any publicly identified class of individuals that makes a
804 contribution to the reporting political action committee, and the amount of the contribution;
805 (iii) the name and address of any political action committee, group, or entity that makes
806 a contribution to the reporting political action committee, and the amount of the contribution;
807 (iv) for each nonmonetary contribution, the fair market value of the contribution;
808 (v) the name and address of each reporting entity that received an expenditure from the
809 reporting political action committee, and the amount of each expenditure;
810 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
811 (vii) the total amount of contributions received and expenditures disbursed by the
812 reporting political action committee;
813 (viii) a [paragraph signed] statement by the political action committee's treasurer or
814 chief financial officer [verifying] certifying that, to the best of the [signer's] person's
815 knowledge, the financial report is accurate; and
816 (ix) a summary page in the form required by the lieutenant governor that identifies:
817 (A) beginning balance;
818 (B) total contributions during the period since the last statement;
819 (C) total contributions to date;
820 (D) total expenditures during the period since the last statement; and
821 (E) total expenditures to date.
822 (b) (i) Contributions received by a political action committee that have a value of $50
823 or less need not be reported individually, but shall be listed on the report as an aggregate total.
824 (ii) Two or more contributions from the same source that have an aggregate total of
825 more than $50 may not be reported in the aggregate, but shall be reported separately.
826 (3) A group or entity may not divide or separate into units, sections, or smaller groups
827 for the purpose of avoiding the financial reporting requirements of this chapter, and substance
828 shall prevail over form in determining the scope or size of a political action committee.
829 Section 13. Section 20A-11-603 is amended to read:
830 20A-11-603. Criminal penalties -- Fines.
831 (1) (a) Each political action committee that fails to file the financial statement due

832 before the regular primary election, on August 31, or before the regular general session is:
833 (i) subject to a fine imposed in accordance with Section 20A-11-1005 ; and
834 (ii) guilty of a class B misdemeanor.
835 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
836 attorney general.
837 (2) Within 30 days after a deadline for the filing of the January 10 statement required
838 by this part, the lieutenant governor shall review each filed statement to ensure that:
839 (a) each political action committee that is required to file a statement has filed one; and
840 (b) each statement contains the information required by this part.
841 (3) If it appears that any political action committee has failed to file the January 10
842 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
843 governor has received a written complaint alleging a violation of the law or the falsity of any
844 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
845 of a written complaint, notify the political action committee of the violation or written
846 complaint and direct the political action committee to file a statement correcting the problem.
847 (4) (a) It is unlawful for any political action committee to fail to file or amend a
848 statement within 14 days after receiving notice from the lieutenant governor under this section.
849 (b) Each political action committee who violates Subsection (4)(a) is guilty of a class B
850 misdemeanor.
851 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
852 attorney general.
853 Section 14. Section 20A-11-701 is amended to read:
854 20A-11-701. Campaign financial reporting of candidate campaign contributions
855 by corporations -- Filing requirements -- Statement contents.
856 (1) (a) Each corporation that has made expenditures for political purposes that total at
857 least $750 during a calendar year shall file a verified financial statement with the lieutenant
858 governor's office [on]:
859 (i) on January 10, reporting expenditures as of December 31 of the previous year;
860 (ii) seven days before the regular primary election date;
861 [(ii)] (iii) on August 31; and
862 [(iii)] (iv) seven days before the regular general election date.

863 (b) The corporation shall report:
864 (i) a detailed listing of all expenditures made since the last statement; [and]
865 (ii) for financial statements filed [on August 31 and before the general election] under
866 Subsections (1)(a)(ii) through (iv), all expenditures as of three days before the required filing
867 date of the financial statement[.]; and
868 (iii) whether the corporation, including an officer, director, spouse, or person with at
869 least 10% ownership in the corporation:
870 (A) has bid since the last financial statement on a contract, as defined in Section
871 63G-6-103 , in excess of $100,000;
872 (B) is currently bidding on a contract, as defined in Section 63G-6-103 , in excess of
873 $100,000; or
874 (C) is a party to a contract, as defined in Section 63G-6-103 , in excess of $100,000.
875 (c) The corporation need not file a financial statement under this section if [it] the
876 corporation made no expenditures during the reporting period.
877 (2) [That] The financial statement shall include:
878 (a) the name and address of each reporting entity that received an expenditure from the
879 corporation, and the amount of each expenditure;
880 (b) the total amount of expenditures disbursed by the corporation; and
881 (c) [a paragraph signed] a statement by the corporation's [or the political action
882 committee's] treasurer or chief financial officer [verifying] certifying the accuracy of the
883 financial [report] statement.
884 Section 15. Section 20A-11-702 is amended to read:
885 20A-11-702. Campaign financial reporting of political issues expenditures by
886 corporations -- Financial reporting.
887 (1) (a) Each corporation that has made political issues expenditures on current or
888 proposed ballot issues that total at least $750 during a calendar year shall file a verified
889 financial statement with the lieutenant governor's office [on]:
890 (i) on January 10, reporting expenditures as of December 31 of the previous year;
891 (ii) seven days before the regular primary election date;
892 [(ii)] (iii) on August 31; and
893 [(iii)] (iv) seven days before the regular general election date.

894 (b) The corporation shall report:
895 (i) a detailed listing of all expenditures made since the last statement; and
896 (ii) for financial statements [filed on August 31 and before the primary and general
897 elections] under Subsections (1)(a)(ii) through (iv), expenditures as of five days before the
898 required filing date of the financial statement.
899 (c) The corporation need not file a statement under this section if it made no
900 expenditures during the reporting period.
901 (2) That statement shall include:
902 (a) the name and address of each individual, entity, or group of individuals or entities
903 that received a political issues expenditure of more than $50 from the corporation, and the
904 amount of each political issues expenditure;
905 (b) the total amount of political issues expenditures disbursed by the corporation; and
906 (c) [a paragraph signed] a statement by the corporation's treasurer or chief financial
907 officer [verifying] certifying the accuracy of the verified financial statement.
908 Section 16. Section 20A-11-703 is amended to read:
909 20A-11-703. Criminal penalties -- Fines.
910 (1) Within 30 days after a deadline for the filing of any statement required by this part,
911 the lieutenant governor shall review each filed statement to ensure that:
912 (a) each corporation that is required to file a statement has filed one; and
913 (b) each statement contains the information required by this part.
914 (2) If it appears that any corporation has failed to file any statement, if it appears that a
915 filed statement does not conform to the law, or if the lieutenant governor has received a written
916 complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor
917 shall[,]:
918 (a) impose a fine against the corporation in accordance with Section 20A-11-1005 ; and
919 (b) within five days of discovery of a violation or receipt of a written complaint, notify
920 the corporation of the violation or written complaint and direct the corporation to file a
921 statement correcting the problem.
922 (3) (a) It is unlawful for any corporation to fail to file or amend a statement within 14
923 days after receiving notice from the lieutenant governor under this section.
924 (b) Each corporation [who] that violates Subsection (3)(a) is guilty of a class B

925 misdemeanor.
926 (c) The lieutenant governor shall report all violations of [this] Subsection (3)(a) to the
927 attorney general.
928 Section 17. Section 20A-11-802 is amended to read:
929 20A-11-802. Political issues committees -- Financial reporting.
930 (1) (a) Each registered political issues committee that has received political issues
931 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
932 $50, during a calendar year, shall file a verified financial statement with the lieutenant
933 governor's office:
934 (i) on January 10, reporting contributions and expenditures as of December 31 of the
935 previous year;
936 (ii) seven days before the date of an incorporation election, if the political issues
937 committee has received donations or made disbursements to affect an incorporation;
938 (iii) at least three days before the first public hearing held as required by Section
939 20A-7-204.1 ;
940 (iv) if the political issues committee has received or expended funds in relation to an
941 initiative or referendum, at the time the initiative or referendum sponsors submit:
942 (A) the verified and certified initiative packets as required by Section 20A-7-206 ; or
943 (B) the signed and verified referendum packets as required by Section 20A-7-306 ;
944 (v) on August 31; and
945 (vi) seven days before the regular general election.
946 (b) The political issues committee shall report:
947 (i) a detailed listing of all contributions received and expenditures made since the last
948 statement; and
949 (ii) for financial statements filed on August 31 and before the general election, all
950 contributions and expenditures as of three days before the required filing date of the financial
951 statement.
952 (c) The political issues committee need not file a statement under this section if it
953 received no contributions and made no expenditures during the reporting period.
954 (2) (a) That statement shall include:
955 (i) the name[,] and address[, and occupation] of any individual that makes a political

956 issues contribution to the reporting political issues committee, and the amount of the political
957 issues contribution;
958 (ii) the identification of any publicly identified class of individuals that makes a
959 political issues contribution to the reporting political issues committee, and the amount of the
960 political issues contribution;
961 (iii) the name and address of any political issues committee, group, or entity that makes
962 a political issues contribution to the reporting political issues committee, and the amount of the
963 political issues contribution;
964 (iv) the name and address of each reporting entity that makes a political issues
965 contribution to the reporting political issues committee, and the amount of the political issues
966 contribution;
967 (v) for each nonmonetary contribution, the fair market value of the contribution;
968 (vi) except as provided in Subsection (2)(c), the name and address of each individual,
969 entity, or group of individuals or entities that received a political issues expenditure of more
970 than $50 from the reporting political issues committee, and the amount of each political issues
971 expenditure;
972 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
973 (viii) the total amount of political issues contributions received and political issues
974 expenditures disbursed by the reporting political issues committee;
975 (ix) [a paragraph signed] a statement by the political issues committee's treasurer or
976 chief financial officer [verifying] certifying that, to the best of the [signer's] person's
977 knowledge, the financial statement is accurate; and
978 (x) a summary page in the form required by the lieutenant governor that identifies:
979 (A) beginning balance;
980 (B) total contributions during the period since the last statement;
981 (C) total contributions to date;
982 (D) total expenditures during the period since the last statement; and
983 (E) total expenditures to date.
984 (b) (i) Political issues contributions received by a political issues committee that have a
985 value of $50 or less need not be reported individually, but shall be listed on the report as an
986 aggregate total.

987 (ii) Two or more political issues contributions from the same source that have an
988 aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
989 separately.
990 (c) When reporting political issue expenditures made to circulators of initiative
991 petitions, the political issues committee:
992 (i) need only report the amount paid to each initiative petition circulator; and
993 (ii) need not report the name or address of the circulator.
994 Section 18. Section 20A-11-901 is amended to read:
995 20A-11-901. Political advertisements -- Requirement that ads designate
996 responsibility and authorization -- Unauthorized use of endorsements.
997 (1) (a) Whenever any person makes an expenditure for the purpose of financing an
998 advertisement expressly advocating the election or defeat of a clearly identified candidate, or
999 solicits any contribution through any broadcasting station, newspaper, magazine, outdoor
1000 advertising facility, direct mailing, or any other type of general public political advertising, the
1001 advertisement:
1002 (i) if paid for and authorized by a candidate or the candidate's campaign committee,
1003 shall clearly state that the advertisement has been paid for by the candidate or the campaign
1004 committee;
1005 (ii) if paid for by another person but authorized by a candidate or the candidate's
1006 campaign committee, shall clearly state who paid for the advertisement and that the candidate
1007 or the campaign committee authorized the advertisement; or
1008 (iii) if not authorized by a candidate or his campaign committee, shall clearly state the
1009 name of the person who paid for the advertisement and state that the advertisement is not
1010 authorized by any candidate or candidate's committee.
1011 (b) The requirements of Subsection (1)(a) do not apply to:
1012 (i) lawn signs with dimensions of four by eight feet or smaller;
1013 (ii) bumper stickers;
1014 (iii) campaign pins, buttons, and pens; and
1015 (iv) similar small items upon which the disclaimer cannot be conveniently printed.
1016 (2) (a) A person who pays for an electioneering communication shall file a report with
1017 the lieutenant governor within 24 hours of making the payment or entering into a contract to

1018 make the payment.
1019 (b) The report shall include:
1020 (i) the name and street address of the person described in Subsection (2)(a);
1021 (ii) the name and address of each person contributing at least $100 to the person
1022 described in Subsection (2)(a) for the purpose of disseminating the electioneering
1023 communication;
1024 (iii) the amount spent on the electioneering communication;
1025 (iv) the name of the identified referenced candidate; and
1026 (v) the medium used to disseminate the electioneering communication.
1027 [(2)] (3) A person may not, in order to promote the success of any candidate for
1028 nomination or election to any public office, or in connection with any question submitted to the
1029 voters, include or cause to be included the name of any person as endorser or supporter in any
1030 political advertisement, circular, poster, or publication without the express consent of that
1031 person.
1032 [(3)] (4) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of
1033 any newspaper or other periodical to induce him to advocate or oppose editorially any
1034 candidate for nomination or election.
1035 (b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
1036 advocate or oppose editorially any candidate for nomination or election.
1037 Section 19. Section 20A-11-904 is enacted to read:
1038 20A-11-904. Contribution given in another's name prohibited.
1039 A person may not:
1040 (1) make a contribution in the name of another;
1041 (2) knowingly permit another to make a contribution in the person's name; or
1042 (3) knowingly accept a contribution made by one person in the name of another.
1043 Section 20. Section 20A-11-1001 is amended to read:
1044 20A-11-1001. Electronic form prepared by chief election officer.
1045 The chief election officer shall:
1046 (1) develop and prepare [forms for all] an electronic form for all financial statements
1047 required by this chapter; and
1048 (2) provide [copies of the forms] access to the electronic form to the secretary of every

1049 committee, to every candidate, and to all others who request them.
1050 Section 21. Section 20A-11-1002 is amended to read:
1051 20A-11-1002. Retention and public inspection of financial statements -- Written
1052 complaint if statement is false or unlawful.
1053 (1) The chief election officer shall:
1054 (a) make each financial statement required by this chapter or Chapter 12, Part 2,
1055 Judicial Retention Elections:
1056 (i) open to public inspection in the office of the chief election officer; and
1057 (ii) available for viewing on the Internet [at the lieutenant governor's website within
1058 seven calendar days after the report is received by the chief election officer] in accordance with
1059 Section 20A-11-103 ;
1060 (b) preserve those statements for at least five years; and
1061 (c) provide certified copies of the financial statements in the same manner as for other
1062 public records.
1063 (2) Any candidate or voter may file a written complaint with the chief election officer
1064 alleging that a filed financial statement does not conform to law or to the truth.
1065 Section 22. Section 20A-11-1005 is enacted to read:
1066 20A-11-1005. Fines for failing to file a financial statement.
1067 (1) The chief election officer shall fine a filing entity $100 for failing to file a financial
1068 statement by the filing deadline.
1069 (2) If a filing entity is unable to pay the fine or files an affidavit of impecuniosity in a
1070 manner similar to Subsection 20A-9-201 (5)(d), the chief election officer shall impose the fine
1071 against the candidate or treasurer, as appropriate.
1072 (3) The chief election officer shall deposit fines collected under this chapter in the
1073 General Fund.
1074 Section 23. Section 20A-11-1301 is amended to read:
1075 20A-11-1301. School board office candidate -- Campaign requirements.
1076 (1) Each school board office candidate shall deposit each contribution and public
1077 service assistance received in one or more separate accounts in a financial institution that are
1078 dedicated only to that purpose.
1079 (2) A school board office candidate may not deposit or mingle any contributions or

1080 public service assistance received into a personal or business account.
1081 (3) A school board office candidate may not make any political expenditures prohibited
1082 by law.
1083 (4) If a person who is no longer a school board candidate chooses not to expend the
1084 monies remaining in a campaign account, the person shall continue to file the year-end
1085 summary report required by Section 20A-11-1302 until the statement of dissolution and final
1086 summary report required by Section 20A-11-1304 are filed with:
1087 (a) the lieutenant governor in the case of a state school board candidate; and
1088 (b) the county clerk, in the case of a local school board candidate.
1089 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402 , a person who
1090 is no longer a school board candidate may not expend or transfer the monies in a campaign
1091 account in a manner that would cause the former school board candidate to recognize the
1092 monies as taxable income under federal tax law.
1093 (b) A person who is no longer a school board candidate may transfer the monies in a
1094 campaign account in a manner that would cause the former school board candidate to recognize
1095 the monies as taxable income under federal tax law if the transfer is made to a campaign
1096 account for federal office.
1097 (6) (a) As used in this Subsection (6) and Section 20A-11-1303 , "received" means:
1098 (i) for a cash contribution, that the cash is given to a [legislative] school board office
1099 candidate or a member of the candidate's personal campaign committee;
1100 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1101 instrument or check is negotiated; and
1102 (iii) for any other type of contribution, that any portion of the contribution's benefit
1103 inures to the [legislative] school board office candidate.
1104 (b) Each school board office candidate shall report to the chief election officer each
1105 contribution and public service assistance [to the lieutenant governor] within 30 days after the
1106 contribution or public service assistance is received.
1107 Section 24. Section 20A-11-1302 is amended to read:
1108 20A-11-1302. School board office candidate -- Financial reporting requirements
1109 -- Year-end summary report.
1110 (1) (a) Each school board office candidate shall file a summary report by January 10 of

1111 the year after the regular general election year.
1112 (b) [Beginning with the 2008 regular general election and in] In addition to the
1113 requirements of Subsection (1)(a), a former school board office candidate that has not filed the
1114 statement of dissolution and final summary report required under Section 20A-11-1304 shall
1115 continue to file a summary report on January 10 of each year.
1116 (2) (a) Each summary report shall include the following information as of December 31
1117 of the previous year:
1118 (i) the net balance of the last [summary report] financial statement, if any;
1119 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
1120 if any, during the previous year;
1121 (iii) a single figure equal to the total amount of expenditures reported on all interim
1122 reports, if any, filed during the previous year;
1123 (iv) a detailed listing of each receipt, contribution, and public service assistance since
1124 the last summary report that has not been reported in detail on an interim report;
1125 (v) for each nonmonetary contribution:
1126 (A) the fair market value of the contribution with that information provided by the
1127 contributor; and
1128 (B) a specific description of the contribution;
1129 (vi) a detailed listing of each expenditure made since the last summary report that has
1130 not been reported in detail on an interim report;
1131 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
1132 (viii) a net balance for the year consisting of the net balance from the last summary
1133 report, if any, plus all receipts minus all expenditures.
1134 (b) (i) For all individual contributions or public service assistance of $50 or less, a
1135 single aggregate figure may be reported without separate detailed listings.
1136 (ii) Two or more contributions from the same source that have an aggregate total of
1137 more than $50 may not be reported in the aggregate, but shall be reported separately.
1138 (c) In preparing the report, all receipts and expenditures shall be reported as of
1139 December 31 of the previous year.
1140 (d) A check or negotiable instrument received by a school board office candidate on or
1141 before December 31 of the previous year shall be included in the summary report.

1142 (3) [The summary report shall contain a paragraph signed by the] The school board
1143 office candidate [certifying] shall certify in the summary report that, to the best of the school
1144 board office candidate's knowledge, all receipts and all expenditures have been reported as of
1145 December 31 of the previous year and that there are no bills or obligations outstanding and
1146 unpaid except as set forth in that report.
1147 Section 25. Section 20A-11-1303 is amended to read:
1148 20A-11-1303. School board office candidate -- Financial reporting requirements
1149 -- Interim reports.
1150 (1) Each school board office candidate shall file an interim report at the following
1151 times in any year in which the candidate has filed a declaration of candidacy for a public office:
1152 (a) May 15, for state school board office candidates;
1153 (b) seven days before the regular primary election date;
1154 (c) August 31; and
1155 (d) seven days before the regular general election date.
1156 (2) Each interim report shall include the following information:
1157 (a) the net balance of the last summary report, if any;
1158 (b) a single figure equal to the total amount of receipts reported on all prior interim
1159 reports, if any, during the calendar year in which the interim report is due;
1160 (c) a single figure equal to the total amount of expenditures reported on all prior
1161 interim reports, if any, filed during the calendar year in which the interim report is due;
1162 (d) a detailed listing of each contribution and public service assistance received since
1163 the last summary report that has not been reported in detail on a prior interim report;
1164 (e) for each nonmonetary contribution:
1165 (i) the fair market value of the contribution with that information provided by the
1166 contributor; and
1167 (ii) a specific description of the contribution;
1168 (f) a detailed listing of each expenditure made since the last summary report that has
1169 not been reported in detail on a prior interim report;
1170 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1171 (h) a net balance for the year consisting of the net balance from the last summary
1172 report, if any, plus all receipts since the last summary report minus all expenditures since the

1173 last summary report; and
1174 (i) a summary page in the form required by the lieutenant governor that identifies:
1175 (i) beginning balance;
1176 (ii) total contributions during the period since the last statement;
1177 (iii) total contributions to date;
1178 (iv) total expenditures during the period since the last statement; and
1179 (v) total expenditures to date.
1180 (3) (a) For all individual contributions or public service assistance of $50 or less, a
1181 single aggregate figure may be reported without separate detailed listings.
1182 (b) Two or more contributions from the same source that have an aggregate total of
1183 more than $50 may not be reported in the aggregate, but shall be reported separately.
1184 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
1185 as of five days before the required filing date of the report.
1186 (b) Any negotiable instrument or check received by a school board office candidate
1187 more than five days before the required filing date of a report required by this section shall be
1188 [negotiated and] included in the interim report.
1189 Section 26. Section 20A-11-1305 is amended to read:
1190 20A-11-1305. School board office candidate -- Failure to file statement --
1191 Penalties.
1192 (1) (a) If a school board office candidate fails to file an interim report due before the
1193 regular primary election, on August 31, and before the regular general election, the chief
1194 election officer shall, after making a reasonable attempt to discover if the report was timely
1195 [mailed,] filed:
1196 (i) inform the county clerk and other appropriate election officials who:
1197 [(i)] (A) (I) shall, if practicable, remove the name of the candidate [by blacking out the
1198 candidate's name] from the ballots before the ballots are delivered to voters; or
1199 [(ii)] (II) shall, if removing the candidate's name from the ballot is not practicable,
1200 inform the voters by any practicable method that the candidate has been disqualified and that
1201 votes cast for candidate will not be counted; and
1202 [(iii)] (B) may not count any votes for that candidate[.]; and
1203 (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005 .

1204 (b) Any school board office candidate who fails to file timely a financial statement
1205 required by this part is disqualified and the vacancy on the ballot may be filled as provided in
1206 Section 20A-1-501 .
1207 (c) Notwithstanding Subsections (1)(a) and (1)(b), a school board office candidate is
1208 not disqualified and the chief election officer may not impose a fine if:
1209 (i) the candidate timely files the reports required by this section in accordance with
1210 Section 20A-11-103 ;
1211 (ii) those reports are completed, detailing accurately and completely the information
1212 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1213 and
1214 (iii) those omissions, errors, or inaccuracies [are] described in Subsection (1)(b)(ii) are
1215 corrected in:
1216 (A) an amended report; or [in]
1217 (B) the next scheduled report.
1218 (2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
1219 for state school board, the lieutenant governor shall review each filed summary report to ensure
1220 that:
1221 (i) each state school board candidate that is required to file a summary report has filed
1222 one; and
1223 (ii) each summary report contains the information required by this part.
1224 (b) If it appears that any state school board candidate has failed to file the summary
1225 report required by law, if it appears that a filed summary report does not conform to the law, or
1226 if the lieutenant governor has received a written complaint alleging a violation of the law or the
1227 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1228 violation or receipt of a written complaint, notify the state school board candidate of the
1229 violation or written complaint and direct the state school board candidate to file a summary
1230 report correcting the problem.
1231 (c) (i) It is unlawful for any state school board candidate to fail to file or amend a
1232 summary report within 14 days after receiving notice from the lieutenant governor under this
1233 section.
1234 (ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a

1235 class B misdemeanor.
1236 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1237 attorney general.
1238 (3) (a) Within 30 days after a deadline for the filing of a summary report, the county
1239 clerk shall review each filed summary report to ensure that:
1240 (i) each local school board candidate that is required to file a summary report has filed
1241 one; and
1242 (ii) each summary report contains the information required by this part.
1243 (b) If it appears that any local school board candidate has failed to file the summary
1244 report required by law, if it appears that a filed summary report does not conform to the law, or
1245 if the county clerk has received a written complaint alleging a violation of the law or the falsity
1246 of any summary report, the county clerk shall, within five days of discovery of a violation or
1247 receipt of a written complaint, notify the local school board candidate of the violation or
1248 written complaint and direct the local school board candidate to file a summary report
1249 correcting the problem.
1250 (c) (i) It is unlawful for any local school board candidate to fail to file or amend a
1251 summary report within 14 days after receiving notice from the county clerk under this section.
1252 (ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
1253 class B misdemeanor.
1254 (iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
1255 county attorney.
1256 Section 27. Section 20A-11-1501 is enacted to read:
1257 Part 15. Labor Organizations
1258 20A-11-1501. Definitions.
1259 As used in this part:
1260 (1) "Labor organization" means a lawful organization of any kind that is composed, in
1261 whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing
1262 with employers concerning grievances, labor disputes, wages, rates of pay, hours of
1263 employment, or other terms and conditions of employment.
1264 (2) "Labor organization" includes an employee association and union for employees of
1265 public and private sector employers.

1266 Section 28. Section 20A-11-1502 is enacted to read:
1267 20A-11-1502. Campaign financial reporting of contributions -- Filing
1268 requirements -- Statement contents.
1269 (1) (a) Each labor organization that has made expenditures for political purposes or
1270 political issues expenditures on current or proposed ballot issues that total at least $750 during
1271 a calendar year shall file a verified financial statement with the lieutenant governor's office:
1272 (i) on January 10, reporting expenditures as of December 31 of the previous year;
1273 (ii) seven days before the regular primary election date;
1274 (iii) on August 31; and
1275 (iv) seven days before the regular general election date.
1276 (b) The labor organization shall report:
1277 (i) a detailed listing of all expenditures made since the last statement; and
1278 (ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
1279 expenditures as of five days before the required filing date of the financial statement.
1280 (c) The labor organization need not file a financial statement under this section if the
1281 labor organization:
1282 (i) made no expenditures during the reporting period; or
1283 (ii) reports its expenditures during the reporting period under another part of this
1284 chapter.
1285 (2) The financial statement shall include:
1286 (a) the name and address of each reporting entity that received an expenditure or
1287 political issues expenditure of more than $50 from the labor organization, and the amount of
1288 each expenditure or political issues expenditure;
1289 (b) the total amount of expenditures disbursed by the labor organization; and
1290 (c) a statement by the labor organization's treasurer or chief financial officer certifying
1291 the accuracy of the financial statement.
1292 Section 29. Section 20A-11-1503 is enacted to read:
1293 20A-11-1503. Criminal penalties -- Fines.
1294 (1) Within 30 days after a deadline for the filing of any statement required by this part,
1295 the lieutenant governor shall review each filed statement to ensure that:
1296 (a) each labor organization that is required to file a statement has filed one; and

1297 (b) each statement contains the information required by this part.
1298 (2) If it appears that any labor organization has failed to file any statement, if it appears
1299 that a filed statement does not conform to the law, or if the lieutenant governor has received a
1300 written complaint alleging a violation of the law or the falsity of any statement, the lieutenant
1301 governor shall:
1302 (a) impose a fine against the labor organization in accordance with Section
1303 20A-11-1005 ; and
1304 (b) within five days of discovery of a violation or receipt of a written complaint, notify
1305 the labor organization of the violation or written complaint and direct the labor organization to
1306 file a statement correcting the problem.
1307 (3) (a) It is unlawful for any labor organization to fail to file or amend a statement
1308 within 14 days after receiving notice from the lieutenant governor under this section.
1309 (b) Each labor organization that violates Subsection (3)(a) is guilty of a class B
1310 misdemeanor.
1311 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
1312 attorney general.
1313 Section 30. Section 20A-12-303 is amended to read:
1314 20A-12-303. Separate account for campaign funds -- Reporting contributions.
1315 (1) The judge or the judge's personal campaign committee shall deposit each
1316 contribution in one or more separate personal campaign accounts in a financial institution.
1317 (2) The judge or the judge's personal campaign committee may not deposit or mingle
1318 any contributions received into a personal or business account.
1319 (3) (a) As used in this Subsection (3), "received" means:
1320 (i) for a cash contribution, that the cash is given to a judge or the judge's personal
1321 campaign committee;
1322 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1323 instrument or check is negotiated; and
1324 (iii) for any other type of contribution, that any portion of the contribution's benefit
1325 inures to the judge.
1326 (b) The judge or the judge's personal campaign committee shall report to the lieutenant
1327 governor each contribution within 30 days after the contribution is received.

1328 Section 31. Section 20A-12-304 is amended to read:
1329 20A-12-304. Judicial retention election candidates -- Financial reporting
1330 requirements -- Year-end summary report.
1331 (1) The judge's personal campaign committee shall file a summary report with the
1332 lieutenant governor by January 10 of the year after the regular general election year.
1333 (2) (a) Each summary report shall include the following information as of December 31
1334 of the last regular general election year:
1335 (i) a single figure equal to the total amount of contributions reported on the interim
1336 report;
1337 (ii) a single figure equal to the total amount of expenditures reported on the interim
1338 report;
1339 (iii) a detailed listing of each contribution received since the last summary report that
1340 has not been reported in detail on the interim report;
1341 (iv) for each nonmonetary contribution, the fair market value of the contribution;
1342 (v) a detailed listing of each expenditure made since the last summary report that has
1343 not been reported in detail on the interim report;
1344 (vi) for each nonmonetary expenditure, the fair market value of the expenditure; and
1345 (vii) the net balance for the year, consisting of all contributions minus all expenditures.
1346 (b) (i) For all single contributions of $50 or less, an aggregate figure may be reported
1347 without a separate detailed listing.
1348 (ii) Two or more contributions from the same source for a total of more than $50 may
1349 not be reported in the aggregate, but shall be reported in the detailed listing.
1350 (c) A check or negotiable instrument received by a judge or the judge's personal
1351 campaign committee on or before December 31 of the previous year shall be reported in the
1352 summary report.
1353 (3) [The summary report shall contain a statement signed by the] The judge [certifying]
1354 shall certify in the summary report that, to the best of the judge's knowledge, all contributions
1355 and all expenditures have been reported as of December 31 of the last regular general election
1356 year and that there are no financial obligations outstanding except as set forth in the report.
1357 Section 32. Section 20A-12-305 is amended to read:
1358 20A-12-305. Judicial retention election candidates -- Financial reporting

1359 requirements -- Interim report.
1360 (1) The judge's personal campaign committee shall file an interim report with the
1361 lieutenant governor [no later than 5 p.m.] before the close of normal office hours on the date
1362 seven days before the regular general election date.
1363 (2) Each interim report shall include the following information:
1364 (a) a detailed listing of each contribution received since the last [summary report]
1365 financial statement;
1366 (b) for each nonmonetary contribution, the fair market value of the contribution;
1367 (c) a detailed listing of each expenditure made since the last summary report;
1368 (d) for each nonmonetary expenditure, the fair market value of the expenditure; and
1369 (e) a net balance for the year consisting of all contributions since the last summary
1370 report minus all expenditures since the last summary report.
1371 (3) (a) For all individual contributions of $50 or less, a single aggregate figure may be
1372 reported without separate detailed listings.
1373 (b) Two or more contributions from the same source that have an aggregate total of
1374 more than $50 may not be reported in the aggregate, but shall be reported separately.
1375 (4) In preparing each interim report, all contributions and expenditures shall be
1376 reported as of five days before the required filing date of the report.
1377 (5) A negotiable instrument or check received by a judge or the judge's personal
1378 campaign committee more than five days before the required filing date of a report required by
1379 this section shall be included in the interim report.
1380 Section 33. Section 20A-12-306 is amended to read:
1381 20A-12-306. Judges -- Failure to file reports -- Penalties.
1382 (1) (a) If a judge's personal campaign committee fails to file the interim report due
1383 before the regular general election, the lieutenant governor shall, after making a reasonable
1384 attempt to discover if the report was timely [mailed,] filed:
1385 (i) inform the county clerk and other appropriate election officials who:
1386 [(i)] (A) (I) shall, if practicable, remove the name of the judge [by blacking out the
1387 judge's name] from the ballots before the ballots are delivered to voters; or
1388 [(ii)] (II) shall, if removing the judge's name from the ballot is not practicable, inform
1389 the voters by any practicable method that the judge has been disqualified and that votes cast for

1390 the judge will not be counted; and
1391 [(iii)] (B) may not count any votes for that judge[.]; and
1392 (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005 .
1393 (b) Any judge who fails to file timely a financial statement required by this part is
1394 disqualified.
1395 (c) Notwithstanding Subsections (1)(a) and (1)(b), a judge is not disqualified and the
1396 lieutenant governor may not impose a fine if:
1397 (i) the candidate timely files the reports required by this section in accordance with
1398 Section 20A-11-103 ;
1399 (ii) [those] the reports are completed, detailing accurately and completely the
1400 information required by this part except for inadvertent omissions or insignificant errors or
1401 inaccuracies; and
1402 (iii) [those] the omissions, errors, or inaccuracies [are] described in Subsection
1403 (1)(b)(ii) are corrected in an amended report or in the next scheduled report.
1404 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
1405 governor shall review each filed summary report to ensure that:
1406 (i) each judge that is required to file a summary report has filed one; and
1407 (ii) each summary report contains the information required by this part.
1408 (b) If it appears that any judge has failed to file the summary report required by law, if
1409 it appears that a filed summary report does not conform to the law, or if the lieutenant governor
1410 has received a written complaint alleging a violation of the law or the falsity of any summary
1411 report, the lieutenant governor shall, within five days of discovery of a violation or receipt of a
1412 written complaint, notify the judge of the violation or written complaint and direct the judge to
1413 file a summary report correcting the problem.
1414 (c) (i) It is unlawful for any judge to fail to file or amend a summary report within 14
1415 days after receiving notice from the lieutenant governor under this section.
1416 (ii) Each judge who violates Subsection (2)(c)(i) is guilty of a class B misdemeanor.
1417 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1418 attorney general.
1419 Section 34. Effective date.
1420 This bill takes effect on January 1, 2011.