Second Substitute H.B. 493

Representative Kraig Powell proposes the following substitute bill:

1 CAMPAIGN FINANCE DISCLOSURE AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends campaign finance provisions related to contributions and expenditures.
10 Highlighted Provisions:
11 This bill:
12 . amends the scope of an electioneering communication reporting requirement;
13 . prohibits an anonymous cash contribution over $50;
14 . requires a candidate for the office of governor, lieutenant governor, attorney
15 general, state auditor, state treasurer, state legislator, or State Board of Education
16 member to submit an anonymous cash contribution over $50 to the lieutenant
17 governor for deposit into the General Fund;
18 . requires an officeholder to submit an anonymous cash contribution or cash public
19 service assistance over $50 to the lieutenant governor for deposit into the General
20 Fund;
21 . requires a candidate for municipal office to submit an anonymous cash contribution
22 over the reporting limit to the municipal clerk or recorder for deposit into the
23 municipality's general fund;
24 . requires a candidate for county office to submit an anonymous cash contribution
25 over $50 to the county clerk for deposit into the county's general fund;

26 . requires a candidate for local school board to submit an anonymous cash
27 contribution over $50 to the school district's business administrator for deposit into
28 the school district's general fund;
29 . requires a governmental entity to report an anonymous contribution that is deposited
30 in a general fund; and
31 . makes technical changes.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 10-3-208, as last amended by Laws of Utah 2008, Chapters 49 and 382
39 17-16-6.5, as last amended by Laws of Utah 2008, Chapter 49
40 20A-11-201, as last amended by Laws of Utah 2010, Chapter 246
41 20A-11-301, as last amended by Laws of Utah 2011, Chapter 347
42 20A-11-401, as last amended by Laws of Utah 2011, Chapters 297 and 347
43 20A-11-901, as last amended by Laws of Utah 2011, Chapter 396
44 20A-11-904, as enacted by Laws of Utah 2010, Chapter 389
45 20A-11-1301, as last amended by Laws of Utah 2011, Chapter 347
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 10-3-208 is amended to read:
49 10-3-208. Campaign finance statement in municipal election.
50 (1) As used in this section:
51 (a) "Reporting date" means:
52 (i) 10 days before a municipal general election, for a campaign finance statement
53 required to be filed no later than seven days before a municipal general election; and
54 (ii) the day of filing, for a campaign finance statement required to be filed no later than
55 30 days after a municipal primary or general election.
56 (b) "Reporting limit" means:

57 (i) $50; or
58 (ii) an amount lower than $50 that is specified in an ordinance of the municipality.
59 (2) (a) (i) Each candidate for municipal office who is not eliminated at a municipal
60 primary election shall file with the municipal clerk or recorder a campaign finance statement:
61 (A) no later than seven days before the date of the municipal general election; and
62 (B) no later than 30 days after the date of the municipal general election.
63 (ii) Each candidate for municipal office who is eliminated at a municipal primary
64 election shall file with the municipal clerk or recorder a campaign finance statement no later
65 than 30 days after the date of the municipal primary election.
66 (b) Each campaign finance statement under Subsection (2)(a) shall:
67 (i) except as provided in Subsection (2)(b)(ii):
68 (A) report all of the candidate's itemized and total:
69 (I) campaign contributions, including in-kind and other nonmonetary contributions,
70 received before the close of the reporting date; and
71 (II) campaign expenditures made through the close of the reporting date; and
72 (B) identify:
73 (I) for each contribution that exceeds the reporting limit, the amount of the contribution
74 and the name of the donor;
75 (II) the aggregate total of all contributions that individually do not exceed the reporting
76 limit; and
77 (III) for each campaign expenditure, the amount of the expenditure and the name of the
78 recipient of the expenditure; or
79 (ii) report the total amount of all campaign contributions and expenditures if the
80 candidate receives $500 or less in campaign contributions and spends $500 or less on the
81 candidate's campaign.
82 (c) (i) A person who makes a cash contribution that exceeds the reporting limit shall
83 disclose the person's name to the candidate who receives the contribution.
84 (ii) If a candidate receives an anonymous cash contribution that exceeds the reporting
85 limit, the candidate:
86 (A) is not required to report the contribution in a campaign finance statement; and
87 (B) within five business days after receiving the contribution, shall submit the

88 contribution to the municipal clerk or recorder for deposit into the municipality's general fund
89 with the candidate's name and the date on which the candidate received the contribution.
90 (iii) Within five business days after depositing a contribution described in Subsection
91 (2)(c)(ii), the municipal clerk or recorder shall report on the municipality's website or the
92 website established by the lieutenant governor under Section 20A-11-103 :
93 (A) the amount of the contribution;
94 (B) the date on which the candidate received the contribution; and
95 (C) the name of the candidate who received the contribution.
96 (3) (a) A municipality may, by ordinance:
97 (i) provide a reporting limit lower than $50;
98 (ii) require greater disclosure of campaign contributions and expenditures than is
99 required in this section; and
100 (iii) impose additional penalties on candidates who fail to comply with the applicable
101 requirements beyond those imposed by this section.
102 (b) A candidate for municipal office is subject to the provisions of this section and not
103 the provisions of an ordinance adopted by the municipality under Subsection (3)(a) if:
104 (i) the municipal ordinance establishes requirements or penalties that differ from those
105 established in this section; and
106 (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
107 ordinance as required in Subsection (4).
108 (4) Each municipal clerk or recorder shall, at the time the candidate for municipal
109 office files a declaration of candidacy, and again 14 days before each municipal general
110 election, notify the candidate in writing of:
111 (a) the provisions of statute or municipal ordinance governing the disclosure of
112 campaign contributions and expenditures;
113 (b) the dates when the candidate's campaign finance statement is required to be filed;
114 and
115 (c) the penalties that apply for failure to file a timely campaign finance statement,
116 including the statutory provision that requires removal of the candidate's name from the ballot
117 for failure to file the required campaign finance statement when required.
118 (5) Notwithstanding any provision of Title 63G, Chapter 2, Government Records

119 Access and Management Act, the municipal clerk or recorder shall:
120 (a) make each campaign finance statement filed by a candidate available for public
121 inspection and copying no later than one business day after the statement is filed; and
122 (b) make the campaign finance statement filed by a candidate available for public
123 inspection by:
124 (i) (A) posting an electronic copy or the contents of the statement on the municipality's
125 website no later than seven business days after the statement is filed; and
126 (B) verifying that the address of the municipality's website has been provided to the
127 lieutenant governor in order to meet the requirements of Subsection 20A-11-103 (5); or
128 (ii) submitting a copy of the statement to the lieutenant governor for posting on the
129 website established by the lieutenant governor under Section 20A-11-103 no later than two
130 business days after the statement is filed.
131 (6) (a) If a candidate fails to file a campaign finance statement before the municipal
132 general election by the deadline specified in Subsection (2)(a)(i)(A), the municipal clerk or
133 recorder shall inform the appropriate election official who:
134 (i) shall:
135 (A) if practicable, remove the candidate's name from the ballot by blacking out the
136 candidate's name before the ballots are delivered to voters; or
137 (B) if removing the candidate's name from the ballot is not practicable, inform the
138 voters by any practicable method that the candidate has been disqualified and that votes cast for
139 the candidate will not be counted; and
140 (ii) may not count any votes for that candidate.
141 (b) Notwithstanding Subsection (6)(a), a candidate who files a campaign finance
142 statement seven days before a municipal general election is not disqualified if:
143 (i) the statement details accurately and completely the information required under
144 Subsection (2)(b), except for inadvertent omissions or insignificant errors or inaccuracies; and
145 (ii) the omissions, errors, or inaccuracies are corrected in an amended report or in the
146 next scheduled report.
147 (7) A campaign finance statement required under this section is considered filed if it is
148 received in the municipal clerk or recorder's office by 5 p.m. on the date that is it due.
149 (8) (a) A private party in interest may bring a civil action in district court to enforce the

150 provisions of this section or an ordinance adopted under this section.
151 (b) In a civil action under Subsection (8)(a), the court may award costs and attorney's
152 fees to the prevailing party.
153 Section 2. Section 17-16-6.5 is amended to read:
154 17-16-6.5. Campaign financial disclosure in county elections.
155 (1) (a) [By January 1, 1996, each] Each county shall adopt an ordinance establishing
156 campaign finance disclosure requirements for candidates for county office.
157 (b) The ordinance shall include:
158 (i) a requirement that each candidate for county office report [his] the candidate's
159 itemized and total campaign contributions and expenditures at least once within the two weeks
160 before the election and at least once within two months after the election;
161 (ii) a definition of "contribution" and "expenditure" that requires reporting of
162 nonmonetary contributions such as in-kind contributions and contributions of tangible things;
163 and
164 (iii) a requirement that the financial reports identify:
165 (A) for each contribution of more than $50, if the name of the donor of the contribution
166 is known, the name of the donor of the contribution and the amount of the contribution; and
167 (B) for each expenditure, the name of the recipient and the amount of the expenditure.
168 (c) The ordinance shall require:
169 (i) a person who makes a cash contribution that exceeds $50 to disclose the person's
170 name to the candidate who receives the contribution;
171 (ii) a candidate who receives an anonymous cash contribution that exceeds $50 to,
172 within five business days after receiving the contribution, submit the contribution to the county
173 clerk for deposit into the county's general fund with the candidate's name and the date on which
174 the candidate received the contribution; and
175 (iii) a county clerk who deposits a contribution described in Subsection (1)(c)(ii) to,
176 within five days after depositing the contribution, report on the county's website or the website
177 established by the lieutenant governor under Section 20A-11-103 :
178 (A) the amount of the contribution;
179 (B) the date on which the candidate received the contribution; and
180 (C) the name of the candidate who received the contribution.

181 (2) [(a) Except as provided in Subsection (2)(b), if] If any county fails to adopt a
182 campaign finance disclosure ordinance [by January 1, 1996] described in Subsection (1),
183 candidates for county office shall comply with the financial reporting requirements contained
184 in Subsections (3) through (6).
185 [(b) If, after August 1, 1995, any county adopts a campaign finance ordinance meeting
186 the requirements of Subsection (1), that county need not comply with the requirements of
187 Subsections (3) through (6).]
188 (3) (a) Except as provided in Subsection (3)(b), and if there is no county ordinance
189 meeting the requirements of this section, each candidate for elective office in any county who
190 is not required to submit a campaign financial statement to the lieutenant governor shall file a
191 signed campaign financial statement with the county clerk:
192 (i) seven days before the date of the regular general election, reporting each
193 contribution of more than $50 and each expenditure as of 10 days before the date of the regular
194 general election; and
195 (ii) no later than 30 days after the date of the regular general election.
196 (b) Candidates for community council offices are exempt from the requirements of this
197 section.
198 (4) (a) The statement filed seven days before the regular general election shall include:
199 (i) a list of each contribution of more than $50 received by the candidate if the name of
200 the donor is known, and the name of the donor;
201 (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
202 (iii) a list of each expenditure for political purposes made during the campaign period,
203 and the recipient of each expenditure.
204 (b) The statement filed 30 days after the regular general election shall include:
205 (i) a list of each contribution of more than $50 received after the cutoff date for the
206 statement filed seven days before the election, and the name of the donor;
207 (ii) an aggregate total of all contributions of $50 or less received by the candidate after
208 the cutoff date for the statement filed seven days before the election; and
209 (iii) a list of all expenditures for political purposes made by the candidate after the
210 cutoff date for the statement filed seven days before the election, and the recipient of each
211 expenditure.

212 (5) Candidates for elective office in any county who are eliminated at a primary
213 election shall file a signed campaign financial statement containing the information required by
214 this section not later than 30 days after the primary election.
215 (6) (a) A person who makes a cash contribution that exceeds $50 shall disclose the
216 person's name to the candidate who receives the contribution.
217 (b) If a candidate receives an anonymous cash contribution that exceeds $50, within
218 five business days after receiving the contribution, the candidate shall submit the contribution
219 to the county clerk for deposit into the county's general fund with the candidate's name and the
220 date on which the candidate received the contribution.
221 (c) Within five business days after depositing a contribution described in Subsection
222 (6)(b), the county clerk shall report on the county's website or the website established by the
223 lieutenant governor under Section 20A-11-103 :
224 (i) the amount of the contribution;
225 (ii) the date on which the candidate received the contribution; and
226 (iii) the name of the candidate who received the contribution.
227 [(6)] (7) Any person who fails to comply with this section is guilty of an infraction.
228 [(7)] (8) Counties may, by ordinance, enact requirements that:
229 (a) require greater disclosure of campaign contributions and expenditures; and
230 (b) impose additional penalties.
231 [(8)] (9) (a) If a candidate fails to file an interim report due before the election, the
232 county clerk shall, after making a reasonable attempt to discover if the report was timely
233 mailed, inform the appropriate election officials who:
234 (i) shall, if practicable, remove the name of the candidate by blacking out the
235 candidate's name before the ballots are delivered to voters; or
236 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
237 the voters by any practicable method that the candidate has been disqualified and that votes
238 cast for the candidate will not be counted; and
239 (iii) may not count any votes for that candidate.
240 (b) Notwithstanding Subsection [(8)] (9)(a), a candidate is not disqualified if:
241 (i) the candidate files the reports required by this section;
242 (ii) those reports are completed, detailing accurately and completely the information

243 required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
244 and
245 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
246 the next scheduled report.
247 (c) A report is considered filed if:
248 (i) it is received in the county clerk's office no later than 5 p.m. on the date that it is
249 due;
250 (ii) it is received in the county clerk's office with a [U.S.] United States Postal Service
251 postmark three days or more before the date that the report was due; or
252 (iii) the candidate has proof that the report was mailed, with appropriate postage and
253 addressing, three days before the report was due.
254 [(9)] (10) (a) Any private party in interest may bring a civil action in district court to
255 enforce the provisions of this section or any ordinance adopted under this section.
256 (b) In a civil action filed under Subsection [(9)] (10)(a), the court shall award costs and
257 attorney's fees to the prevailing party.
258 [(10)] (11) Notwithstanding any provision of Title 63G, Chapter 2, Government
259 Records Access and Management Act, the county clerk shall:
260 (a) make each campaign finance statement filed by a candidate available for public
261 inspection and copying no later than one business day after the statement is filed; and
262 (b) make the campaign finance statement filed by a candidate available for public
263 inspection by:
264 (i) (A) posting an electronic copy or the contents of the statement on the county's
265 website no later than seven business days after the statement is filed; and
266 (B) verifying that the address of the county's website has been provided to the
267 lieutenant governor in order to meet the requirements of Subsection 20A-11-103 (5); or
268 (ii) submitting a copy of the statement to the lieutenant governor for posting on the
269 website established by the lieutenant governor under Section 20A-11-103 no later than two
270 business days after the statement is filed.
271 Section 3. Section 20A-11-201 is amended to read:
272 20A-11-201. State office candidate -- Separate bank account for campaign funds.
273 (1) (a) [Each] Except as provided by Subsection (1)(b), each state office candidate or

274 the candidate's personal campaign committee shall deposit each contribution and public service
275 assistance received in one or more separate campaign accounts in a financial institution.
276 (b) If a state office candidate receives an anonymous cash contribution that exceeds
277 $50, the state office candidate:
278 (i) shall, within 30 days after receiving the contribution, submit the contribution to the
279 lieutenant governor for deposit into the General Fund with the candidate's name and the date on
280 which the candidate received the contribution; and
281 (ii) is not required to report the contribution on a financial statement.
282 (c) Within five business days after depositing a contribution described in Subsection
283 (1)(b)(i), the lieutenant governor shall report on the website established under Section
284 20A-11-103 :
285 (i) the amount of the contribution;
286 (ii) the date on which the candidate received the contribution; and
287 (iii) the name of the candidate who received the contribution.
288 [(b)] (d) A state office candidate or a candidate's personal campaign committee may
289 not use money deposited in a campaign account for:
290 (i) a personal use expenditure; or
291 (ii) an expenditure prohibited by law.
292 (2) A state office candidate or the candidate's personal campaign committee may not
293 deposit or mingle any contributions received into a personal or business account.
294 (3) If a person who is no longer a state office candidate chooses not to expend the
295 money remaining in a campaign account, the person shall continue to file the year-end
296 summary report required by Section 20A-11-203 until the statement of dissolution and final
297 summary report required by Section 20A-11-205 are filed with the lieutenant governor.
298 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402 , a person who
299 is no longer a state office candidate may not expend or transfer the money in a campaign
300 account in a manner that would cause the former state office candidate to recognize the money
301 as taxable income under federal tax law.
302 (b) A person who is no longer a state office candidate may transfer the money in a
303 campaign account in a manner that would cause the former state office candidate to recognize
304 the money as taxable income under federal tax law if the transfer is made to a campaign

305 account for federal office.
306 (5) (a) As used in this Subsection (5) and Section 20A-11-204 , "received" means:
307 (i) for a cash contribution, that the cash is given to a state office candidate or a member
308 of the candidate's personal campaign committee;
309 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
310 instrument or check is negotiated; and
311 (iii) for any other type of contribution, that any portion of the contribution's benefit
312 inures to the state office candidate.
313 (b) Each state office candidate shall report each contribution and public service
314 assistance to the lieutenant governor within 30 days after the contribution or public service
315 assistance is received.
316 Section 4. Section 20A-11-301 is amended to read:
317 20A-11-301. Legislative office candidate -- Campaign finance requirements --
318 Candidate as a political action committee officer.
319 (1) (a) (i) [Each] Except as provided by Subsection (1)(b), each legislative office
320 candidate shall deposit each contribution and public service assistance received in one or more
321 separate accounts in a financial institution that are dedicated only to that purpose.
322 (ii) A legislative office candidate may:
323 (A) receive a contribution or public service assistance from a political action
324 committee registered under Section 20A-11-601 ; and
325 (B) be designated by a political action committee as an officer who has primary
326 decision-making authority as described in Section 20A-11-601 .
327 (b) If a legislative office candidate receives an anonymous cash contribution that
328 exceeds $50, the legislative office candidate:
329 (i) shall, within five business days after receiving the contribution, submit the
330 contribution to the lieutenant governor for deposit into the General Fund with the candidate's
331 name and the date on which the candidate received the contribution; and
332 (ii) is not required to report the contribution on a financial statement.
333 (c) Within five business days after depositing a contribution described in Subsection
334 (1)(b)(i), the lieutenant governor shall report on the website established under Section
335 20A-11-103 :

336 (i) the amount of the contribution;
337 (ii) the date on which the candidate received the contribution; and
338 (iii) the name of the candidate who received the contribution.
339 [(b)] (d) A legislative office candidate or the candidate's personal campaign committee
340 may not use money deposited in an account described in Subsection (1)(a)(i) for:
341 (i) a personal use expenditure; or
342 (ii) an expenditure prohibited by law.
343 (2) A legislative office candidate may not deposit or mingle any contributions or public
344 service assistance received into a personal or business account.
345 (3) If a person who is no longer a legislative candidate chooses not to expend the
346 money remaining in a campaign account, the person shall continue to file the year-end
347 summary report required by Section 20A-11-302 until the statement of dissolution and final
348 summary report required by Section 20A-11-304 are filed with the lieutenant governor.
349 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402 , a person who
350 is no longer a legislative office candidate may not expend or transfer the money in a campaign
351 account in a manner that would cause the former legislative office candidate to recognize the
352 money as taxable income under federal tax law.
353 (b) A person who is no longer a legislative office candidate may transfer the money in
354 a campaign account in a manner that would cause the former legislative office candidate to
355 recognize the money as taxable income under federal tax law if the transfer is made to a
356 campaign account for federal office.
357 (5) (a) As used in this Subsection (5) and Section 20A-11-303 , "received" means:
358 (i) for a cash contribution, that the cash is given to a legislative office candidate or a
359 member of the candidate's personal campaign committee;
360 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
361 instrument or check is negotiated; and
362 (iii) for any other type of contribution, that any portion of the contribution's benefit
363 inures to the legislative office candidate.
364 (b) Each legislative office candidate shall report each contribution and public service
365 assistance to the lieutenant governor within 30 days after the contribution or public service
366 assistance is received.

367 Section 5. Section 20A-11-401 is amended to read:
368 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
369 report -- Officeholder as a political action committee officer -- Deposit of anonymous
370 contribution.
371 (1) (a) Each officeholder shall file a summary report by January 10 of each year.
372 (b) An officeholder that is required to file a summary report both as an officeholder and
373 as a candidate for office under the requirements of this chapter may file a single summary
374 report as a candidate and an officeholder, provided that the combined report meets the
375 requirements of:
376 (i) this section; and
377 (ii) the section that provides the requirements for the summary report filed by the
378 officeholder in the officeholder's capacity of a candidate for office.
379 (2) (a) Each summary report shall include the following information as of December 31
380 of the previous year:
381 (i) the net balance of the last summary report, if any;
382 (ii) a single figure equal to the total amount of receipts received since the last summary
383 report, if any;
384 (iii) a single figure equal to the total amount of expenditures made since the last
385 summary report, if any;
386 (iv) a detailed listing of each contribution and public service assistance received since
387 the last summary report;
388 (v) for each nonmonetary contribution:
389 (A) the fair market value of the contribution with that information provided by the
390 contributor; and
391 (B) a specific description of the contribution;
392 (vi) a detailed listing of each expenditure made since the last summary report;
393 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
394 (viii) a net balance for the year consisting of the net balance from the last summary
395 report plus all receipts minus all expenditures; and
396 (ix) the name of a political action committee for which the officeholder is designated
397 as an officer who has primary decision-making authority under Section 20A-11-601 .

398 (b) (i) For all individual contributions or public service assistance of $50 or less, a
399 single aggregate figure may be reported without separate detailed listings.
400 (ii) Two or more contributions from the same source that have an aggregate total of
401 more than $50 may not be reported in the aggregate, but shall be reported separately.
402 (c) In preparing the report, all receipts and expenditures shall be reported as of
403 December 31 of the previous year.
404 (3) The summary report shall contain a paragraph signed by the officeholder certifying
405 that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
406 reported as of December 31 of the last calendar year and that there are no bills or obligations
407 outstanding and unpaid except as set forth in that report.
408 (4) An officeholder may:
409 (a) receive public service assistance from a political action committee registered under
410 Section 20A-11-601 ; and
411 (b) be designated by a political action committee as an officer who has primary
412 decision-making authority as described in Section 20A-11-601 .
413 (5) (a) If an officeholder receives an anonymous cash contribution or cash public
414 service assistance that exceeds $50, the officeholder:
415 (i) except as provided by Subsection (5)(c), shall, within five business days after
416 receiving the contribution or public service assistance, submit the contribution or public service
417 assistance to the lieutenant governor for deposit into the General Fund with the officeholder's
418 name and the date on which the officeholder received the contribution or public service
419 assistance; and
420 (ii) is not required to report the contribution or public service assistance on a financial
421 statement.
422 (b) Within five business days after depositing a contribution or public service
423 assistance described in Subsection (5)(a), the lieutenant governor shall report on the website
424 established under Section 20A-11-103 :
425 (i) the amount of the contribution or public service assistance;
426 (ii) the date on which the officeholder received the contribution or public service
427 assistance; and
428 (iii) the name of the officeholder who received the contribution or public service

429 assistance.
430 (c) (i) A local school board member shall:
431 (A) submit an anonymous cash contribution or cash public service assistance that
432 exceeds $50 to the school district's business administrator for deposit into the school district's
433 general fund within five business days of receipt; and
434 (B) disclose to the county clerk the amount of the contribution or public service
435 assistance and the date on which the local school board member received the contribution or
436 public service assistance.
437 (ii) Within five business days after receiving the disclosure described in Subsection
438 (5)(c)(i), the county clerk shall report on the county's website or the website established by the
439 lieutenant governor under Section 20A-11-103 :
440 (A) the amount of the contribution or public service assistance;
441 (B) the date on which the local school board member received the contribution or
442 public service assistance; and
443 (C) the name of the local school board member who received the contribution or public
444 service assistance.
445 Section 6. Section 20A-11-901 is amended to read:
446 20A-11-901. Political advertisements -- Requirement that ads designate
447 responsibility and authorization -- Report to lieutenant governor -- Unauthorized use of
448 endorsements.
449 (1) (a) Whenever any person makes an expenditure for the purpose of financing an
450 advertisement expressly advocating the election or defeat of a clearly identified candidate, or
451 solicits any contribution through any broadcasting station, newspaper, magazine, outdoor
452 advertising facility, direct mailing, or any other type of general public political advertising, the
453 advertisement:
454 (i) if paid for and authorized by a candidate or the candidate's campaign committee,
455 shall clearly state that the advertisement has been paid for by the candidate or the campaign
456 committee;
457 (ii) if paid for by another person but authorized by a candidate or the candidate's
458 campaign committee, shall clearly state who paid for the advertisement and that the candidate
459 or the campaign committee authorized the advertisement; or

460 (iii) if not authorized by a candidate or his campaign committee, shall clearly state the
461 name of the person who paid for the advertisement and state that the advertisement is not
462 authorized by any candidate or candidate's committee.
463 (b) The requirements of Subsection (1)(a) do not apply to:
464 (i) lawn signs with dimensions of four by eight feet or smaller;
465 (ii) bumper stickers;
466 (iii) campaign pins, buttons, and pens; and
467 (iv) similar small items upon which the disclaimer cannot be conveniently printed.
468 (2) (a) A person who is not a reporting entity and pays for an electioneering
469 communication shall file a report with the lieutenant governor within 24 hours of making the
470 payment or entering into a contract to make the payment.
471 (b) The report shall include:
472 (i) the name and address of the person described in Subsection (2)(a);
473 (ii) the name and address of each person contributing at least $100 to the person
474 described in Subsection (2)(a) for the purpose of disseminating the electioneering
475 communication;
476 (iii) the amount spent on the electioneering communication;
477 (iv) the name of the identified referenced candidate; and
478 (v) the medium used to disseminate the electioneering communication.
479 (3) A person may not, in order to promote the success of any candidate for nomination
480 or election to any public office, or in connection with any question submitted to the voters,
481 include or cause to be included the name of any person as endorser or supporter in any political
482 advertisement, circular, poster, or publication without the express consent of that person.
483 (4) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of any
484 newspaper or other periodical to induce him to advocate or oppose editorially any candidate for
485 nomination or election.
486 (b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
487 advocate or oppose editorially any candidate for nomination or election.
488 Section 7. Section 20A-11-904 is amended to read:
489 20A-11-904. Contribution given in another's name prohibited -- Anonymous
490 contribution prohibited.

491 A person may not:
492 (1) make a contribution in the name of another;
493 (2) knowingly permit another to make a contribution in the person's name; [or]
494 (3) knowingly accept a contribution made by one person in the name of another[.]; or
495 (4) make a contribution that exceeds $50 without disclosing the person's name.
496 Section 8. Section 20A-11-1301 is amended to read:
497 20A-11-1301. School board office candidate -- Campaign finance requirements --
498 Candidate as a political action committee officer.
499 (1) (a) (i) [Each] Except as provided by Subsection (1)(b), each school board office
500 candidate shall deposit each contribution and public service assistance received in one or more
501 separate accounts in a financial institution that are dedicated only to that purpose.
502 (ii) A school board office candidate may:
503 (A) receive a contribution or public service assistance from a political action
504 committee registered under Section 20A-11-601 ; and
505 (B) be designated by a political action committee as an officer who has primary
506 decision-making authority as described in Section 20A-11-601 .
507 (b) (i) If a candidate for the State Board of Education receives an anonymous cash
508 contribution that exceeds $50, the candidate:
509 (A) shall, within five business days after receiving the contribution, submit the
510 contribution to the lieutenant governor for deposit into the General Fund with the candidate's
511 name and the date on which the candidate received the contribution; and
512 (B) is not required to report the contribution on a financial statement.
513 (ii) Within five business days after depositing a contribution described in Subsection
514 (1)(b)(i), the lieutenant governor shall report on the website established under Section
515 20A-11-103 :
516 (A) the amount of the contribution;
517 (B) the date on which the candidate received the contribution; and
518 (C) the name of the candidate who received the contribution.
519 (iii) If a candidate for local school board receives an anonymous cash contribution that
520 exceeds $50, the candidate:
521 (A) shall, within five business days after receiving the contribution, submit the

522 contribution to the school district's business administrator for deposit into the school district's
523 general fund;
524 (B) disclose to the county clerk the amount of the contribution and the date on which
525 the candidate received the contribution; and
526 (C) is not required to report the contribution on a financial statement.
527 (iv) Within five business days of receiving the disclosure described in Subsection
528 (1)(b)(iii)(B), the county clerk shall report on the county's website or the website established by
529 the lieutenant governor under Section 20A-11-103 :
530 (A) the amount of the contribution;
531 (B) the date on which the candidate received the contribution; and
532 (C) the name of the candidate who received the contribution.
533 [(b)] (c) A school board office candidate may not use money deposited in an account
534 described in Subsection (1)(a)(i) for:
535 (i) a personal use expenditure; or
536 (ii) an expenditure prohibited by law.
537 (2) A school board office candidate may not deposit or mingle any contributions or
538 public service assistance received into a personal or business account.
539 (3) A school board office candidate may not make any political expenditures prohibited
540 by law.
541 (4) If a person who is no longer a school board candidate chooses not to expend the
542 money remaining in a campaign account, the person shall continue to file the year-end
543 summary report required by Section 20A-11-1302 until the statement of dissolution and final
544 summary report required by Section 20A-11-1304 are filed with:
545 (a) the lieutenant governor in the case of a state school board candidate; and
546 (b) the county clerk, in the case of a local school board candidate.
547 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402 , a person who
548 is no longer a school board candidate may not expend or transfer the money in a campaign
549 account in a manner that would cause the former school board candidate to recognize the
550 money as taxable income under federal tax law.
551 (b) A person who is no longer a school board candidate may transfer the money in a
552 campaign account in a manner that would cause the former school board candidate to recognize

553 the money as taxable income under federal tax law if the transfer is made to a campaign
554 account for federal office.
555 (6) (a) As used in this Subsection (6) and Section 20A-11-1303 , "received" means:
556 (i) for a cash contribution, that the cash is given to a school board office candidate or a
557 member of the candidate's personal campaign committee;
558 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
559 instrument or check is negotiated; and
560 (iii) for any other type of contribution, that any portion of the contribution's benefit
561 inures to the school board office candidate.
562 (b) Each school board office candidate shall report to the chief election officer each
563 contribution and public service assistance within 30 days after the contribution or public
564 service assistance is received.