H.B. 278

1

CAMPAIGN FINANCE AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kenneth W. Sumsion
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends campaign finance reporting requirements.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . modifies definitions;
14 . enacts campaign finance reporting requirements for counties and cities; and
15 . makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-11-101, as last amended by Laws of Utah 2010, Chapters 197, 246, and 389
23 ENACTS:
24 20A-11-1701, Utah Code Annotated 1953
25 20A-11-1702, Utah Code Annotated 1953
26 20A-11-1703, Utah Code Annotated 1953
27 20A-11-1704, Utah Code Annotated 1953

28 20A-11-1705, Utah Code Annotated 1953
29 20A-11-1706, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 20A-11-101 is amended to read:
33 20A-11-101. Definitions.
34 As used in this chapter:
35 (1) "Address" means the number and street where an individual resides or where a
36 reporting entity has its principal office.
37 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
38 amendments, and any other ballot propositions submitted to the voters that are authorized by
39 the Utah Code Annotated 1953.
40 (3) "Candidate" means any person who:
41 (a) files a declaration of candidacy for a public office; or
42 (b) receives contributions, makes expenditures, or gives consent for any other person to
43 receive contributions or make expenditures to bring about the person's nomination or election
44 to a public office.
45 (4) "Chief election officer" means:
46 (a) the lieutenant governor for state office candidates, legislative office candidates,
47 officeholders, political parties, political action committees, corporations, political issues
48 committees, state school board candidates, judges, county candidates, and labor organizations,
49 as defined in Section 20A-11-1501 ; and
50 (b) the county clerk for local school board candidates and municipality candidates.
51 (5) (a) "Contribution" means any of the following when done for political purposes:
52 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
53 value given to the filing entity;
54 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
55 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
56 anything of value to the filing entity;
57 (iii) any transfer of funds from another reporting entity to the filing entity;
58 (iv) compensation paid by any person or reporting entity other than the filing entity for

59 personal services provided without charge to the filing entity;
60 (v) remuneration from:
61 (A) any organization or its directly affiliated organization that has a registered lobbyist;
62 or
63 (B) any agency or subdivision of the state, including school districts; and
64 (vi) goods or services provided to or for the benefit of the filing entity at less than fair
65 market value.
66 (b) "Contribution" does not include:
67 (i) services provided without compensation by individuals volunteering a portion or all
68 of their time on behalf of the filing entity;
69 (ii) money lent to the filing entity by a financial institution in the ordinary course of
70 business; or
71 (iii) goods or services provided for the benefit of a candidate or political party at less
72 than fair market value that are not authorized by or coordinated with the candidate or political
73 party.
74 (6) "Coordinated with" means that goods or services provided for the benefit of a
75 candidate or political party are provided:
76 (a) with the candidate's or political party's prior knowledge, if the candidate or political
77 party does not object;
78 (b) by agreement with the candidate or political party;
79 (c) in coordination with the candidate or political party; or
80 (d) using official logos, slogans, and similar elements belonging to a candidate or
81 political party.
82 (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
83 organization that is registered as a corporation or is authorized to do business in a state and
84 makes any expenditure from corporate funds for:
85 (i) the purpose of expressly advocating for political purposes; or
86 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
87 proposition.
88 (b) "Corporation" does not mean:
89 (i) a business organization's political action committee or political issues committee; or

90 (ii) a business entity organized as a partnership or a sole proprietorship.
91 (8) (a) "County office" means an elected office of a county.
92 (b) "County office" does not include a school board office.
93 (9) "County office candidate" means a person who:
94 (a) files a declaration of candidacy for a county office; or
95 (b) receives contributions, makes expenditures, or gives consent for any other person to
96 receive contributions or make expenditures to bring about the person's nomination or election
97 to a county office.
98 [(8)] (10) "Detailed listing" means:
99 (a) for each contribution or public service assistance:
100 (i) the name and address of the individual or source making the contribution or public
101 service assistance;
102 (ii) the amount or value of the contribution or public service assistance; and
103 (iii) the date the contribution or public service assistance was made; and
104 (b) for each expenditure:
105 (i) the amount of the expenditure;
106 (ii) the person or entity to whom it was disbursed;
107 (iii) the specific purpose, item, or service acquired by the expenditure; and
108 (iv) the date the expenditure was made.
109 [(9)] (11) "Election" means each:
110 (a) regular general election;
111 (b) regular primary election; and
112 (c) special election at which candidates are eliminated and selected.
113 [(10)] (12) "Electioneering communication" means a communication that:
114 (a) has at least a value of $10,000;
115 (b) clearly identifies a candidate or judge; and
116 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
117 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
118 identified candidate's or judge's election date.
119 [(11)] (13) (a) "Expenditure" means:
120 (i) any disbursement from contributions, receipts, or from the separate bank account

121 required by this chapter;
122 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
123 or anything of value made for political purposes;
124 (iii) an express, legally enforceable contract, promise, or agreement to make any
125 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
126 value for political purposes;
127 (iv) compensation paid by a filing entity for personal services rendered by a person
128 without charge to a reporting entity;
129 (v) a transfer of funds between the filing entity and a candidate's personal campaign
130 committee; or
131 (vi) goods or services provided by the filing entity to or for the benefit of another
132 reporting entity for political purposes at less than fair market value.
133 (b) "Expenditure" does not include:
134 (i) services provided without compensation by individuals volunteering a portion or all
135 of their time on behalf of a reporting entity;
136 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
137 business; or
138 (iii) anything listed in Subsection [(11)] (13)(a) that is given by a reporting entity to
139 candidates for office or officeholders in states other than Utah.
140 [(12)] (14) "Filing entity" means the reporting entity that is required to file a financial
141 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
142 [(13)] (15) "Financial statement" includes any summary report, interim report, verified
143 financial statement, or other statement disclosing contributions, expenditures, receipts,
144 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
145 Retention Elections.
146 [(14)] (16) "Governing board" means the individual or group of individuals that
147 determine the candidates and committees that will receive expenditures from a political action
148 committee, political party, or corporation.
149 [(15)] (17) "Incorporation" means the process established by Title 10, Chapter 2, Part
150 1, Incorporation, by which a geographical area becomes legally recognized as a city or town.
151 [(16)] (18) "Incorporation election" means the election authorized by Section 10-2-111 .

152 [(17)] (19) "Incorporation petition" means a petition authorized by Section 10-2-109 .
153 [(18)] (20) "Individual" means a natural person.
154 [(19)] (21) "Interim report" means a report identifying the contributions received and
155 expenditures made since the last report.
156 [(20)] (22) "Legislative office" means the office of state senator, state representative,
157 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
158 assistant whip of any party caucus in either house of the Legislature.
159 [(21)] (23) "Legislative office candidate" means a person who:
160 (a) files a declaration of candidacy for the office of state senator or state representative;
161 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
162 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
163 assistant whip of any party caucus in either house of the Legislature; or
164 (c) receives contributions, makes expenditures, or gives consent for any other person to
165 receive contributions or make expenditures to bring about the person's nomination or election
166 to a legislative office.
167 (24) (a) "Municipality office" means an elected office of a municipality.
168 (b) "Municipality office" does not include a school board office.
169 (25) "Municipality office candidate" means a person who:
170 (a) files a declaration of candidacy for a municipality office; or
171 (b) receives contributions, makes expenditures, or gives consent for any other person to
172 receive contributions or make expenditures to bring about the person's nomination or election
173 to a municipality office.
174 [(22)] (26) "Officeholder" means a person who holds a public office.
175 [(23)] (27) "Party committee" means any committee organized by or authorized by the
176 governing board of a registered political party.
177 [(24)] (28) "Person" means both natural and legal persons, including individuals,
178 business organizations, personal campaign committees, party committees, political action
179 committees, political issues committees, and labor organizations, as defined in Section
180 20A-11-1501 .
181 [(25)] (29) "Personal campaign committee" means the committee appointed by a
182 candidate to act for the candidate as provided in this chapter.

183 [(26)] (30) "Personal use expenditure" has the same meaning as provided under Section
184 20A-11-104 .
185 [(27)] (31) (a) "Political action committee" means an entity, or any group of
186 individuals or entities within or outside this state, a major purpose of which is to:
187 (i) solicit or receive contributions from any other person, group, or entity for political
188 purposes; or
189 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
190 vote for or against any candidate or person seeking election to a municipal or county office.
191 (b) "Political action committee" includes groups affiliated with a registered political
192 party but not authorized or organized by the governing board of the registered political party
193 that receive contributions or makes expenditures for political purposes.
194 (c) "Political action committee" does not mean:
195 (i) a party committee;
196 (ii) any entity that provides goods or services to a candidate or committee in the regular
197 course of its business at the same price that would be provided to the general public;
198 (iii) an individual;
199 (iv) individuals who are related and who make contributions from a joint checking
200 account;
201 (v) a corporation, except a corporation a major purpose of which is to act as a political
202 action committee; or
203 (vi) a personal campaign committee.
204 [(28)] (32) "Political convention" means a county or state political convention held by
205 a registered political party to select candidates.
206 [(29)] (33) (a) "Political issues committee" means an entity, or any group of individuals
207 or entities within or outside this state, a major purpose of which is to:
208 (i) solicit or receive donations from any other person, group, or entity to assist in
209 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
210 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
211 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
212 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
213 proposed ballot proposition or an incorporation in an incorporation election; or

214 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
215 ballot or to assist in keeping a ballot proposition off the ballot.
216 (b) "Political issues committee" does not mean:
217 (i) a registered political party or a party committee;
218 (ii) any entity that provides goods or services to an individual or committee in the
219 regular course of its business at the same price that would be provided to the general public;
220 (iii) an individual;
221 (iv) individuals who are related and who make contributions from a joint checking
222 account; or
223 (v) a corporation, except a corporation a major purpose of which is to act as a political
224 issues committee.
225 [(30)] (34) (a) "Political issues contribution" means any of the following:
226 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
227 anything of value given to a political issues committee;
228 (ii) an express, legally enforceable contract, promise, or agreement to make a political
229 issues donation to influence the approval or defeat of any ballot proposition;
230 (iii) any transfer of funds received by a political issues committee from a reporting
231 entity;
232 (iv) compensation paid by another reporting entity for personal services rendered
233 without charge to a political issues committee; and
234 (v) goods or services provided to or for the benefit of a political issues committee at
235 less than fair market value.
236 (b) "Political issues contribution" does not include:
237 (i) services provided without compensation by individuals volunteering a portion or all
238 of their time on behalf of a political issues committee; or
239 (ii) money lent to a political issues committee by a financial institution in the ordinary
240 course of business.
241 [(31)] (35) (a) "Political issues expenditure" means any of the following:
242 (i) any payment from political issues contributions made for the purpose of influencing
243 the approval or the defeat of:
244 (A) a ballot proposition; or

245 (B) an incorporation petition or incorporation election;
246 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
247 the express purpose of influencing the approval or the defeat of:
248 (A) a ballot proposition; or
249 (B) an incorporation petition or incorporation election;
250 (iii) an express, legally enforceable contract, promise, or agreement to make any
251 political issues expenditure;
252 (iv) compensation paid by a reporting entity for personal services rendered by a person
253 without charge to a political issues committee; or
254 (v) goods or services provided to or for the benefit of another reporting entity at less
255 than fair market value.
256 (b) "Political issues expenditure" does not include:
257 (i) services provided without compensation by individuals volunteering a portion or all
258 of their time on behalf of a political issues committee; or
259 (ii) money lent to a political issues committee by a financial institution in the ordinary
260 course of business.
261 [(32)] (36) "Political purposes" means an act done with the intent or in a way to
262 influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
263 for or against any candidate or a person seeking a municipal or county office at any caucus,
264 political convention, or election.
265 [(33)] (37) "Primary election" means any regular primary election held under the
266 election laws.
267 [(34)] (38) "Public office" means the office of governor, lieutenant governor, state
268 auditor, state treasurer, attorney general, state or local school board member, political
269 subdivision office, state senator, state representative, speaker of the House of Representatives,
270 president of the Senate, and the leader, whip, and assistant whip of any party caucus in either
271 house of the Legislature.
272 [(35)] (39) (a) "Public service assistance" means the following when given or provided
273 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
274 communicate with the officeholder's constituents:
275 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of

276 money or anything of value to an officeholder; or
277 (ii) goods or services provided at less than fair market value to or for the benefit of the
278 officeholder.
279 (b) "Public service assistance" does not include:
280 (i) anything provided by the state;
281 (ii) services provided without compensation by individuals volunteering a portion or all
282 of their time on behalf of an officeholder;
283 (iii) money lent to an officeholder by a financial institution in the ordinary course of
284 business;
285 (iv) news coverage or any publication by the news media; or
286 (v) any article, story, or other coverage as part of any regular publication of any
287 organization unless substantially all the publication is devoted to information about the
288 officeholder.
289 [(36)] (40) "Publicly identified class of individuals" means a group of 50 or more
290 individuals sharing a common occupation, interest, or association that contribute to a political
291 action committee or political issues committee and whose names can be obtained by contacting
292 the political action committee or political issues committee upon whose financial statement the
293 individuals are listed.
294 [(37)] (41) "Receipts" means contributions and public service assistance.
295 [(38)] (42) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
296 Lobbyist Disclosure and Regulation Act.
297 [(39)] (43) "Registered political action committee" means any political action
298 committee that is required by this chapter to file a statement of organization with the lieutenant
299 governor's office.
300 [(40)] (44) "Registered political issues committee" means any political issues
301 committee that is required by this chapter to file a statement of organization with the lieutenant
302 governor's office.
303 [(41)] (45) "Registered political party" means an organization of voters that:
304 (a) participated in the last regular general election and polled a total vote equal to 2%
305 or more of the total votes cast for all candidates for the United States House of Representatives
306 for any of its candidates for any office; or

307 (b) has complied with the petition and organizing procedures of Chapter 8, Political
308 Party Formation and Procedures.
309 [(42)] (46) (a) "Remuneration" means a payment:
310 (i) made to a legislator for the period the Legislature is in session; and
311 (ii) that is approximately equivalent to an amount a legislator would have earned
312 during the period the Legislature is in session in the legislator's ordinary course of business.
313 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
314 (i) the legislator's primary employer in the ordinary course of business; or
315 (ii) a person or entity in the ordinary course of business:
316 (A) because of the legislator's ownership interest in the entity; or
317 (B) for services rendered by the legislator on behalf of the person or entity.
318 [(43)] (47) "Reporting entity" means a candidate, a candidate's personal campaign
319 committee, a judge, a judge's personal campaign committee, an officeholder, a party
320 committee, a political action committee, a political issues committee, a corporation, or a labor
321 organization, as defined in Section 20A-11-1501 .
322 [(44)] (48) "School board office" means the office of state school board or local school
323 board.
324 [(45)] (49) (a) "Source" means the person or entity that is the legal owner of the
325 tangible or intangible asset that comprises the contribution.
326 (b) "Source" means, for political action committees and corporations, the political
327 action committee and the corporation as entities, not the contributors to the political action
328 committee or the owners or shareholders of the corporation.
329 [(46)] (50) "State office" means the offices of governor, lieutenant governor, attorney
330 general, state auditor, and state treasurer.
331 [(47)] (51) "State office candidate" means a person who:
332 (a) files a declaration of candidacy for a state office; or
333 (b) receives contributions, makes expenditures, or gives consent for any other person to
334 receive contributions or make expenditures to bring about the person's nomination or election
335 to a state office.
336 [(48)] (52) "Summary report" means the year end report containing the summary of a
337 reporting entity's contributions and expenditures.

338 [(49)] (53) "Supervisory board" means the individual or group of individuals that
339 allocate expenditures from a political issues committee.
340 Section 2. Section 20A-11-1701 is enacted to read:
341 Part 17. County or Municipality Office Candidates Act
342 20A-11-1701. Title.
343 This part is known as the "County or Municipality Office Candidates Act."
344 Section 3. Section 20A-11-1702 is enacted to read:
345 20A-11-1702. County or municipality office candidate -- Campaign requirements.
346 (1) (a) Each county office candidate or municipality office candidate shall deposit each
347 contribution and public service assistance received in one or more separate accounts in a
348 financial institution that are dedicated only to that purpose.
349 (b) A county office candidate or municipality office candidate may not use money
350 deposited in an account described in Subsection (1)(a) for:
351 (i) a personal use expenditure; or
352 (ii) an expenditure prohibited by law.
353 (2) A county office candidate or municipality office candidate may not deposit or
354 mingle any contributions or public service assistance received into a personal or business
355 account.
356 (3) A county office candidate or municipality office candidate may not make any
357 political expenditures prohibited by law.
358 (4) If a person who is no longer a county office candidate or municipality office
359 candidate chooses not to expend the money remaining in a campaign account, the person shall
360 continue to file the year-end summary report required by Section 20A-11-1703 until the
361 statement of dissolution and final summary report required by Section 20A-11-1705 are filed
362 with the:
363 (a) lieutenant governor, in the case of a county office candidate; or
364 (b) county clerk, in the case of a municipality office candidate.
365 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402 , a person who
366 is no longer a county office candidate or municipality office candidate may not expend or
367 transfer the money in a campaign account in a manner that would cause the former county
368 office candidate or municipality office candidate to recognize the money as taxable income

369 under federal tax law.
370 (b) A person who is no longer a county office candidate or municipality office
371 candidate may transfer the money in a campaign account in a manner that would cause the
372 former county office candidate or municipality office candidate to recognize the money as
373 taxable income under federal tax law if the transfer is made to a campaign account for federal
374 office.
375 (6) (a) As used in this Subsection (6) and Section 20A-11-1704 , "received" means:
376 (i) for a cash contribution, that the cash is given to a county office candidate or
377 municipality office candidate or a member of the candidate's personal campaign committee;
378 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
379 instrument or check is negotiated; and
380 (iii) for any other type of contribution, that any portion of the contribution's benefit
381 inures to the county office candidate or municipality office candidate.
382 (b) Each county office candidate or municipality office candidate shall report to the
383 chief election officer each contribution and public service assistance within 30 days after the
384 contribution or public service assistance is received.
385 Section 4. Section 20A-11-1703 is enacted to read:
386 20A-11-1703. County office candidate or municipality office candidate --
387 Financial reporting requirements -- Year-end summary report.
388 (1) (a) Each county office candidate or municipality office candidate shall file a
389 summary report:
390 (i) by January 10 of the year after the regular general election year for a candidate for
391 an elected office of a county; or
392 (ii) by January 10 of the year after the municipal general election year for a candidate
393 for an elected office of a municipality.
394 (b) In addition to the requirements of Subsection (1)(a), a former county office
395 candidate or municipality office candidate who has not filed the statement of dissolution and
396 final summary report required under Section 20A-11-1705 shall continue to file a summary
397 report on January 10 of each year.
398 (2) (a) Each summary report shall include the following information as of December 31
399 of the previous year:

400 (i) the net balance of the last financial statement, if any;
401 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
402 if any, during the previous year;
403 (iii) a single figure equal to the total amount of expenditures reported on all interim
404 reports, if any, filed during the previous year;
405 (iv) a detailed listing of each receipt, contribution, and public service assistance since
406 the last summary report that has not been reported in detail on an interim report;
407 (v) for each nonmonetary contribution:
408 (A) the fair market value of the contribution with that information provided by the
409 contributor; and
410 (B) a specific description of the contribution;
411 (vi) a detailed listing of each expenditure made since the last summary report that has
412 not been reported in detail on an interim report;
413 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
414 (viii) a net balance for the year consisting of the net balance from the last summary
415 report, if any, plus all receipts minus all expenditures.
416 (b) (i) For all individual contributions or public service assistance of $50 or less, a
417 single aggregate figure may be reported without separate detailed listings.
418 (ii) Two or more contributions from the same source that have an aggregate total of
419 more than $50 may not be reported in the aggregate, but shall be reported separately.
420 (c) In preparing the report, all receipts and expenditures shall be reported as of
421 December 31 of the previous year.
422 (d) A check or negotiable instrument received by a county office candidate or
423 municipality office candidate on or before December 31 of the previous year shall be included
424 in the summary report.
425 (3) The county office candidate or municipality office candidate shall certify in the
426 summary report that, to the best of the county office candidate's or municipality office
427 candidate's knowledge, all receipts and all expenditures have been reported as of December 31
428 of the previous year and that there are no bills or obligations outstanding and unpaid except as
429 set forth in that report.
430 Section 5. Section 20A-11-1704 is enacted to read:

431 20A-11-1704. County office candidate or municipality office candidate --
432 Financial reporting requirements -- Interim reports.
433 (1) Each county office candidate or municipality office candidate shall file an interim
434 report at the following times in any year in which the candidate has filed a declaration of
435 candidacy for a public office:
436 (a) for a candidate for an elected office of a county:
437 (i) seven days before the candidate's political convention;
438 (ii) seven days before the regular primary election date;
439 (iii) August 31; and
440 (iv) seven days before the regular general election date; or
441 (b) for a candidate for an elected office of a municipality:
442 (i) August 15;
443 (ii) seven days before the municipal primary election date; and
444 (iii) seven days before the municipal general election date.
445 (2) Each interim report shall include the following information:
446 (a) the net balance of the last summary report, if any;
447 (b) a single figure equal to the total amount of receipts reported on all prior interim
448 reports, if any, during the calendar year in which the interim report is due;
449 (c) a single figure equal to the total amount of expenditures reported on all prior
450 interim reports, if any, filed during the calendar year in which the interim report is due;
451 (d) a detailed listing of each contribution and public service assistance received since
452 the last summary report that has not been reported in detail on a prior interim report;
453 (e) for each nonmonetary contribution:
454 (i) the fair market value of the contribution with that information provided by the
455 contributor; and
456 (ii) a specific description of the contribution;
457 (f) a detailed listing of each expenditure made since the last summary report that has
458 not been reported in detail on a prior interim report;
459 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
460 (h) a net balance for the year consisting of the net balance from the last summary
461 report, if any, plus all receipts since the last summary report minus all expenditures since the

462 last summary report; and
463 (i) a summary page in the form required by the lieutenant governor that identifies:
464 (i) beginning balance;
465 (ii) total contributions during the period since the last statement;
466 (iii) total contributions to date;
467 (iv) total expenditures during the period since the last statement; and
468 (v) total expenditures to date.
469 (3) (a) For all individual contributions or public service assistance of $50 or less, a
470 single aggregate figure may be reported without separate detailed listings.
471 (b) Two or more contributions from the same source that have an aggregate total of
472 more than $50 may not be reported in the aggregate, but shall be reported separately.
473 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
474 as of five days before the required filing date of the report.
475 (b) Any negotiable instrument or check received by a county office candidate or
476 municipality office candidate more than five days before the required filing date of a report
477 required by this section shall be included in the interim report.
478 Section 6. Section 20A-11-1705 is enacted to read:
479 20A-11-1705. County office candidate or municipality office candidate --
480 Financial reporting requirements -- Termination of duty to report.
481 (1) Each county office candidate or municipality office candidate is subject to interim
482 reporting requirements until the candidate withdraws or is eliminated in a primary.
483 (2) Each county office candidate or municipality office candidate is subject to year-end
484 summary reporting requirements until the candidate has filed a statement of dissolution with
485 the lieutenant governor stating that:
486 (a) the county office candidate or municipality office candidate is no longer receiving
487 contributions and is no longer making expenditures;
488 (b) the ending balance on the last summary report filed is zero and the balance in the
489 separate bank account required in Section 20A-11-1702 is zero; and
490 (c) a final summary report, in the form required by Section 20A-11-1703 , showing a
491 zero balance is attached to the statement of dissolution.
492 (3) A statement of dissolution and a final summary report may be filed at any time.

493 (4) Each county office candidate or municipality office candidate shall continue to file
494 the year-end summary report required by Section 20A-11-1703 until the statement of
495 dissolution and final summary report required by this section are filed.
496 Section 7. Section 20A-11-1706 is enacted to read:
497 20A-11-1706. County office candidate or municipality office candidate -- Failure
498 to file statement -- Penalties.
499 (1) (a) If a county office candidate or municipality office candidate fails to file an
500 interim report as required by Section 20A-11-1704 , the chief election officer shall, after
501 making a reasonable attempt to discover if the report was timely filed:
502 (i) inform the county clerk and other appropriate election officials who:
503 (A) shall, if practicable, remove the name of the candidate from the ballots before the
504 ballots are delivered to voters, or, if removing the candidate's name from the ballot is not
505 practicable, inform the voters by any practicable method that the candidate has been
506 disqualified and that votes cast for the candidate will not be counted; and
507 (B) may not count any votes for that candidate; and
508 (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005 .
509 (b) Any county office candidate or municipality office candidate who fails to file
510 timely a financial statement required by this part is disqualified and the vacancy on the ballot
511 may be filled as provided in Chapter 1, Part 5, Candidate Vacancies and Vacancies in Elected
512 Offices.
513 (c) Notwithstanding Subsections (1)(a) and (b), a county office candidate or
514 municipality office candidate is not disqualified and the chief election officer may not impose a
515 fine if:
516 (i) the candidate timely files the reports required by this section in accordance with
517 Section 20A-11-103 ;
518 (ii) those reports are completed, detailing accurately and completely the information
519 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
520 and
521 (iii) those omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are
522 corrected in:
523 (A) an amended report; or

524 (B) the next scheduled report.
525 (2) (a) Within 30 days after a deadline for the filing of a summary report by a county
526 office candidate, the lieutenant governor shall review each filed summary report to ensure that:
527 (i) each county office candidate who is required to file a summary report has filed one;
528 and
529 (ii) each summary report contains the information required by this part.
530 (b) If it appears that any county office candidate has failed to file the summary report
531 required by law, if it appears that a filed summary report does not conform to the law, or if the
532 lieutenant governor has received a written complaint alleging a violation of the law or the
533 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
534 violation or receipt of a written complaint, notify the county office candidate of the violation or
535 written complaint and direct the county office candidate to file a summary report correcting the
536 problem.
537 (c) (i) It is unlawful for any county office candidate to fail to file or amend a summary
538 report within 14 days after receiving notice from the lieutenant governor under this section.
539 (ii) Each county office candidate who violates Subsection (2)(c)(i) is guilty of a class B
540 misdemeanor.
541 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
542 attorney general.
543 (3) (a) Within 30 days after a deadline for the filing of a summary report by a
544 municipality office candidate, the county clerk shall review each filed summary report to
545 ensure that:
546 (i) each municipality office candidate who is required to file a summary report has filed
547 one; and
548 (ii) each summary report contains the information required by this part.
549 (b) If it appears that any municipality office candidate has failed to file the summary
550 report required by law, if it appears that a filed summary report does not conform to the law, or
551 if the county clerk has received a written complaint alleging a violation of the law or the falsity
552 of any summary report, the county clerk shall, within five days of discovery of a violation or
553 receipt of a written complaint, notify the municipality office candidate of the violation or
554 written complaint and direct the municipality office candidate to file a summary report

555 correcting the problem.
556 (c) (i) It is unlawful for any municipality office candidate to fail to file or amend a
557 summary report within 14 days after receiving notice from the county clerk under this section.
558 (ii) Each municipality office candidate who violates Subsection (3)(c)(i) is guilty of a
559 class B misdemeanor.
560 (iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
561 county attorney.




Legislative Review Note
as of 2-23-11 12:13 PM

Office of Legislative Research and General Counsel