1     
CAMPAIGN CONTRIBUTIONS AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kraig Powell

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill amends campaign finance provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends definitions;
13          ▸     requires a candidate to disburse an anonymous contribution or public service
14     assistance that is cash or a negotiable instrument and over $50 to:
15               •     the state or a political subdivision for deposit into its general fund; or
16               •     an organization that is exempt from federal income taxation under Section
17     501(c)(3), Internal Revenue Code;
18          ▸     prohibits a filing entity, other than a candidate, from using an anonymous
19     contribution that is cash or a negotiable instrument in excess of $50 for a political
20     purpose or as a political issues expenditure;
21          ▸     modifies the fine imposed against certain reporting entities that fail to report a
22     contribution; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:

30          10-3-208, as last amended by Laws of Utah 2012, Chapters 190, 190, 230, and 230
31          17-16-6.5, as last amended by Laws of Utah 2014, Chapter 337
32          20A-11-101, as last amended by Laws of Utah 2014, Chapters 18, 158, and 337
33          20A-11-201, as last amended by Laws of Utah 2014, Chapter 335
34          20A-11-301, as last amended by Laws of Utah 2014, Chapter 335
35          20A-11-401, as last amended by Laws of Utah 2011, Chapters 297 and 347
36          20A-11-505.7, as enacted by Laws of Utah 2011, Chapter 396
37          20A-11-602, as last amended by Laws of Utah 2013, Chapter 420
38          20A-11-802, as last amended by Laws of Utah 2013, Chapter 420
39          20A-11-1301, as last amended by Laws of Utah 2014, Chapters 335 and 337
40          20A-12-301, as enacted by Laws of Utah 2001, Chapter 166
41          20A-12-303, as last amended by Laws of Utah 2014, Chapter 335
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 10-3-208 is amended to read:
45          10-3-208. Campaign finance disclosure in municipal election.
46          (1) As used in this section:
47          (a) "Reporting date" means:
48          (i) 10 days before a municipal general election, for a campaign finance statement
49     required to be filed no later than seven days before a municipal general election; and
50          (ii) the day of filing, for a campaign finance statement required to be filed no later than
51     30 days after a municipal primary or general election.
52          (b) "Reporting limit" means for each calendar year:
53          (i) $50; or
54          (ii) an amount lower than $50 that is specified in an ordinance of the municipality.
55          (2) (a) (i) Each candidate for municipal office:
56          (A) shall deposit a campaign contribution in a separate campaign account in a financial
57     institution; and

58          (B) may not deposit or mingle any campaign contributions received into a personal or
59     business account.
60          (ii) Each candidate for municipal office who is not eliminated at a municipal primary
61     election shall file with the municipal clerk or recorder a campaign finance statement:
62          (A) no later than seven days before the date of the municipal general election; and
63          (B) no later than 30 days after the date of the municipal general election.
64          (iii) Each candidate for municipal office who is eliminated at a municipal primary
65     election shall file with the municipal clerk or recorder a campaign finance statement no later
66     than 30 days after the date of the municipal primary election.
67          (b) Each campaign finance statement under Subsection (2)(a) shall:
68          (i) except as provided in Subsection (2)(b)(ii):
69          (A) report all of the candidate's itemized and total:
70          (I) campaign contributions, including in-kind and other nonmonetary contributions,
71     received before the close of the reporting date; and
72          (II) campaign expenditures made through the close of the reporting date; and
73          (B) identify:
74          (I) for each contribution that exceeds the reporting limit, the amount of the contribution
75     and the name of the donor, if known;
76          (II) the aggregate total of all contributions that individually do not exceed the reporting
77     limit; and
78          (III) for each campaign expenditure, the amount of the expenditure and the name of the
79     recipient of the expenditure; or
80          (ii) report the total amount of all campaign contributions and expenditures if the
81     candidate receives $500 or less in campaign contributions and spends $500 or less on the
82     candidate's campaign.
83          (c) Within 30 days after receiving a contribution that is cash or a negotiable instrument,
84     exceeds the reporting limit, and is from a donor whose name is unknown, a candidate shall
85     disburse the amount of the contribution to:

86          (i) the treasurer of the state or a political subdivision for deposit into the state's or
87     political subdivision's general fund; or
88          (ii) an organization that is exempt from federal income taxation under Section
89     501(c)(3), Internal Revenue Code.
90          (3) (a) As used in this Subsection (3), "account" means an account in a financial
91     institution:
92          (i) that is not described in Subsection (2)(a)(i)(A); and
93          (ii) into which or from which a person who, as a candidate for an office, other than a
94     municipal office for which the person files a declaration of candidacy or federal office, or as a
95     holder of an office, other than a municipal office for which the person files a declaration of
96     candidacy or federal office, deposits a contribution or makes an expenditure.
97          (b) A municipal office candidate shall include on any campaign finance statement filed
98     in accordance with this section:
99          (i) a contribution deposited in an account:
100          (A) since the last campaign finance statement was filed; or
101          (B) that has not been reported under a statute or ordinance that governs the account; or
102          (ii) an expenditure made from an account:
103          (A) since the last campaign finance statement was filed; or
104          (B) that has not been reported under a statute or ordinance that governs the account.
105          (4) (a) A municipality may, by ordinance:
106          (i) provide a reporting limit lower than $50;
107          (ii) require greater disclosure of campaign contributions and expenditures than is
108     required in this section; and
109          (iii) impose additional penalties on candidates who fail to comply with the applicable
110     requirements beyond those imposed by this section.
111          (b) A candidate for municipal office is subject to the provisions of this section and not
112     the provisions of an ordinance adopted by the municipality under Subsection (4)(a) if:
113          (i) the municipal ordinance establishes requirements or penalties that differ from those

114     established in this section; and
115          (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
116     ordinance as required in Subsection (5).
117          (5) Each municipal clerk or recorder shall, at the time the candidate for municipal
118     office files a declaration of candidacy, and again 14 days before each municipal general
119     election, notify the candidate in writing of:
120          (a) the provisions of statute or municipal ordinance governing the disclosure of
121     campaign contributions and expenditures;
122          (b) the dates when the candidate's campaign finance statement is required to be filed;
123     and
124          (c) the penalties that apply for failure to file a timely campaign finance statement,
125     including the statutory provision that requires removal of the candidate's name from the ballot
126     for failure to file the required campaign finance statement when required.
127          (6) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
128     Access and Management Act, the municipal clerk or recorder shall:
129          (a) make each campaign finance statement filed by a candidate available for public
130     inspection and copying no later than one business day after the statement is filed; and
131          (b) make the campaign finance statement filed by a candidate available for public
132     inspection by:
133          (i) (A) posting an electronic copy or the contents of the statement on the municipality's
134     website no later than seven business days after the statement is filed; and
135          (B) verifying that the address of the municipality's website has been provided to the
136     lieutenant governor in order to meet the requirements of Subsection 20A-11-103(5); or
137          (ii) submitting a copy of the statement to the lieutenant governor for posting on the
138     website established by the lieutenant governor under Section 20A-11-103 no later than two
139     business days after the statement is filed.
140          (7) (a) If a candidate fails to file a campaign finance statement before the municipal
141     general election by the deadline specified in Subsection (2)(a)(ii)(A), the municipal clerk or

142     recorder shall inform the appropriate election official who:
143          (i) shall:
144          (A) if practicable, remove the candidate's name from the ballot by blacking out the
145     candidate's name before the ballots are delivered to voters; or
146          (B) if removing the candidate's name from the ballot is not practicable, inform the
147     voters by any practicable method that the candidate has been disqualified and that votes cast for
148     the candidate will not be counted; and
149          (ii) may not count any votes for that candidate.
150          (b) Notwithstanding Subsection (7)(a), a candidate who files a campaign finance
151     statement seven days before a municipal general election is not disqualified if:
152          (i) the statement details accurately and completely the information required under
153     Subsection (2)(b), except for inadvertent omissions or insignificant errors or inaccuracies; and
154          (ii) the omissions, errors, or inaccuracies are corrected in an amended report or in the
155     next scheduled report.
156          (8) A campaign finance statement required under this section is considered filed if it is
157     received in the municipal clerk or recorder's office by 5 p.m. on the date that is it due.
158          (9) (a) A private party in interest may bring a civil action in district court to enforce the
159     provisions of this section or an ordinance adopted under this section.
160          (b) In a civil action under Subsection (9)(a), the court may award costs and attorney
161     fees to the prevailing party.
162          Section 2. Section 17-16-6.5 is amended to read:
163          17-16-6.5. Campaign financial disclosure in county elections.
164          (1) (a) A county shall adopt an ordinance establishing campaign finance disclosure
165     requirements for:
166          (i) candidates for county office; and
167          (ii) candidates for local school board office who reside in that county.
168          (b) The ordinance required by Subsection (1)(a) shall include:
169          (i) a requirement that each candidate for county office or local school board office

170     report the candidate's itemized and total campaign contributions and expenditures at least once
171     within the two weeks before the election and at least once within two months after the election;
172          (ii) a definition of "contribution" and "expenditure" that requires reporting of
173     nonmonetary contributions such as in-kind contributions and contributions of tangible things;
174          (iii) a requirement that the financial reports identify:
175          (A) for each contribution of more than $50, the name of the donor of the contribution,
176     if known, and the amount of the contribution; and
177          (B) for each expenditure, the name of the recipient and the amount of the expenditure;
178          (iv) a requirement that a candidate for county office or local school board office
179     deposit a contribution in a separate campaign account in a financial institution; [and]
180          (v) a prohibition against a candidate for county office or local school board office
181     depositing or mingling any contributions received into a personal or business account[.]; and
182          (vi) a requirement that a candidate for county office who receives a contribution that is
183     cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown,
184     shall, within 30 days after receiving the contribution, disburse the amount of the contribution
185     to:
186          (A) the treasurer of the state or a political subdivision for deposit into the state's or
187     political subdivision's general fund; or
188          (B) an organization that is exempt from federal income taxation under Section
189     501(c)(3), Internal Revenue Code.
190          (c) (i) As used in this Subsection (1)(c), "account" means an account in a financial
191     institution:
192          (A) that is not described in Subsection (1)(b)(iv); and
193          (B) into which or from which a person who, as a candidate for an office, other than a
194     county office for which the person files a declaration of candidacy or federal office, or as a
195     holder of an office, other than a county office for which the person files a declaration of
196     candidacy or federal office, deposits a contribution or makes an expenditure.
197          (ii) The ordinance required by Subsection (1)(a) shall include a requirement that a

198     candidate for county office or local school board office include on a financial report filed in
199     accordance with the ordinance a contribution deposited in or an expenditure made from an
200     account:
201          (A) since the last financial report was filed; or
202          (B) that has not been reported under a statute or ordinance that governs the account.
203          (2) If any county fails to adopt a campaign finance disclosure ordinance described in
204     Subsection (1), candidates for county office, other than community council office, and
205     candidates for local school board office shall comply with the financial reporting requirements
206     contained in Subsections (3) through [(7)] (8).
207          (3) A candidate for elective office in a county or local school board office:
208          (a) shall deposit a contribution in a separate campaign account in a financial institution;
209     and
210          (b) may not deposit or mingle any contributions received into a personal or business
211     account.
212          (4) Each candidate for elective office in any county who is not required to submit a
213     campaign financial statement to the lieutenant governor, and each candidate for local school
214     board office, shall file a signed campaign financial statement with the county clerk:
215          (a) seven days before the date of the regular general election, reporting each
216     contribution of more than $50 and each expenditure as of 10 days before the date of the regular
217     general election; and
218          (b) no later than 30 days after the date of the regular general election.
219          (5) (a) The statement filed seven days before the regular general election shall include:
220          (i) a list of each contribution of more than $50 received by the candidate, and the name
221     of the donor, if known;
222          (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
223          (iii) a list of each expenditure for political purposes made during the campaign period,
224     and the recipient of each expenditure.
225          (b) The statement filed 30 days after the regular general election shall include:

226          (i) a list of each contribution of more than $50 received after the cutoff date for the
227     statement filed seven days before the election, and the name of the donor;
228          (ii) an aggregate total of all contributions of $50 or less received by the candidate after
229     the cutoff date for the statement filed seven days before the election; and
230          (iii) a list of all expenditures for political purposes made by the candidate after the
231     cutoff date for the statement filed seven days before the election, and the recipient of each
232     expenditure.
233          (6) (a) As used in this Subsection (6), "account" means an account in a financial
234     institution:
235          (i) that is not described in Subsection (3)(a); and
236          (ii) into which or from which a person who, as a candidate for an office, other than a
237     county office for which the person filed a declaration of candidacy or federal office, or as a
238     holder of an office, other than a county office for which the person filed a declaration of
239     candidacy or federal office, deposits a contribution or makes an expenditure.
240          (b) A county office candidate and a local school board office candidate shall include on
241     any campaign financial statement filed in accordance with Subsection (4) or (5):
242          (i) a contribution deposited in an account:
243          (A) since the last campaign finance statement was filed; or
244          (B) that has not been reported under a statute or ordinance that governs the account; or
245          (ii) an expenditure made from an account:
246          (A) since the last campaign finance statement was filed; or
247          (B) that has not been reported under a statute or ordinance that governs the account.
248          (7) Within 30 days after receiving a contribution that is cash or a negotiable
249     instrument, exceeds $50, and is from a donor whose name is unknown, a county office
250     candidate shall disburse the amount of the contribution to:
251          (a) the treasurer of the state or a political subdivision for deposit into the state's or
252     political subdivision's general fund; or
253          (b) an organization that is exempt from federal income taxation under Section

254     501(c)(3), Internal Revenue Code.
255          [(7)] (8) Candidates for elective office in any county, and candidates for local school
256     board office, who are eliminated at a primary election shall file a signed campaign financial
257     statement containing the information required by this section not later than 30 days after the
258     primary election.
259          [(8)] (9) Any person who fails to comply with this section is guilty of an infraction.
260          [(9)] (10) (a) Counties may, by ordinance, enact requirements that:
261          (i) require greater disclosure of campaign contributions and expenditures; and
262          (ii) impose additional penalties.
263          (b) The requirements described in Subsection [(9)] (10)(a) apply to a local school
264     board office candidate who resides in that county.
265          [(10)] (11) (a) If a candidate fails to file an interim report due before the election, the
266     county clerk shall, after making a reasonable attempt to discover if the report was timely
267     mailed, inform the appropriate election officials who:
268          (i) (A) shall, if practicable, remove the name of the candidate by blacking out the
269     candidate's name before the ballots are delivered to voters; or
270          (B) shall, if removing the candidate's name from the ballot is not practicable, inform
271     the voters by any practicable method that the candidate has been disqualified and that votes
272     cast for the candidate will not be counted; and
273          (ii) may not count any votes for that candidate.
274          (b) Notwithstanding Subsection [(10)] (11)(a), a candidate is not disqualified if:
275          (i) the candidate files the reports required by this section;
276          (ii) those reports are completed, detailing accurately and completely the information
277     required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
278     and
279          (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
280     the next scheduled report.
281          (c) A report is considered filed if:

282          (i) it is received in the county clerk's office no later than 5 p.m. on the date that it is
283     due;
284          (ii) it is received in the county clerk's office with a United States Postal Service
285     postmark three days or more before the date that the report was due; or
286          (iii) the candidate has proof that the report was mailed, with appropriate postage and
287     addressing, three days before the report was due.
288          [(11)] (12) (a) Any private party in interest may bring a civil action in district court to
289     enforce the provisions of this section or any ordinance adopted under this section.
290          (b) In a civil action filed under Subsection [(11)] (12)(a), the court shall award costs
291     and [attorney's] attorney fees to the prevailing party.
292          [(12)] (13) Notwithstanding any provision of Title 63G, Chapter 2, Government
293     Records Access and Management Act, the county clerk shall:
294          (a) make each campaign finance statement filed by a candidate available for public
295     inspection and copying no later than one business day after the statement is filed; and
296          (b) make the campaign finance statement filed by a candidate available for public
297     inspection by:
298          (i) (A) posting an electronic copy or the contents of the statement on the county's
299     website no later than seven business days after the statement is filed; and
300          (B) verifying that the address of the county's website has been provided to the
301     lieutenant governor in order to meet the requirements of Subsection 20A-11-103(5); or
302          (ii) submitting a copy of the statement to the lieutenant governor for posting on the
303     website established by the lieutenant governor under Section 20A-11-103 no later than two
304     business days after the statement is filed.
305          Section 3. Section 20A-11-101 is amended to read:
306          20A-11-101. Definitions.
307          As used in this chapter:
308          (1) "Address" means the number and street where an individual resides or where a
309     reporting entity has its principal office.

310          (2) "Agent of a reporting entity" means:
311          (a) a person acting on behalf of a reporting entity at the direction of the reporting
312     entity;
313          (b) a person employed by a reporting entity in the reporting entity's capacity as a
314     reporting entity;
315          (c) the personal campaign committee of a candidate or officeholder;
316          (d) a member of the personal campaign committee of a candidate or officeholder in the
317     member's capacity as a member of the personal campaign committee of the candidate or
318     officeholder; or
319          (e) a political consultant of a reporting entity.
320          (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
321     amendments, and any other ballot propositions submitted to the voters that are authorized by
322     the Utah Code Annotated 1953.
323          (4) "Candidate" means any person who:
324          (a) files a declaration of candidacy for a public office; or
325          (b) receives contributions, makes expenditures, or gives consent for any other person to
326     receive contributions or make expenditures to bring about the person's nomination or election
327     to a public office.
328          (5) "Chief election officer" means:
329          (a) the lieutenant governor for state office candidates, legislative office candidates,
330     officeholders, political parties, political action committees, corporations, political issues
331     committees, state school board candidates, judges, and labor organizations, as defined in
332     Section 20A-11-1501; and
333          (b) the county clerk for local school board candidates.
334          (6) (a) "Contribution" means any of the following when done for political purposes:
335          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
336     value given to the filing entity;
337          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,

338     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
339     anything of value to the filing entity;
340          (iii) any transfer of funds from another reporting entity to the filing entity;
341          (iv) compensation paid by any person or reporting entity other than the filing entity for
342     personal services provided without charge to the filing entity;
343          (v) remuneration from:
344          (A) any organization or its directly affiliated organization that has a registered lobbyist;
345     or
346          (B) any agency or subdivision of the state, including school districts;
347          (vi) a loan made by a candidate deposited to the candidate's own campaign; and
348          (vii) in-kind contributions.
349          (b) "Contribution" does not include:
350          (i) services provided by individuals volunteering a portion or all of their time on behalf
351     of the filing entity if the services are provided without compensation by the filing entity or any
352     other person;
353          (ii) money lent to the filing entity by a financial institution in the ordinary course of
354     business; or
355          (iii) goods or services provided for the benefit of a candidate or political party at less
356     than fair market value that are not authorized by or coordinated with the candidate or political
357     party.
358          (7) "Coordinated with" means that goods or services provided for the benefit of a
359     candidate or political party are provided:
360          (a) with the candidate's or political party's prior knowledge, if the candidate or political
361     party does not object;
362          (b) by agreement with the candidate or political party;
363          (c) in coordination with the candidate or political party; or
364          (d) using official logos, slogans, and similar elements belonging to a candidate or
365     political party.

366          (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
367     organization that is registered as a corporation or is authorized to do business in a state and
368     makes any expenditure from corporate funds for:
369          (i) the purpose of expressly advocating for political purposes; or
370          (ii) the purpose of expressly advocating the approval or the defeat of any ballot
371     proposition.
372          (b) "Corporation" does not mean:
373          (i) a business organization's political action committee or political issues committee; or
374          (ii) a business entity organized as a partnership or a sole proprietorship.
375          (9) "County political party" means, for each registered political party, all of the persons
376     within a single county who, under definitions established by the political party, are members of
377     the registered political party.
378          (10) "County political party officer" means a person whose name is required to be
379     submitted by a county political party to the lieutenant governor in accordance with Section
380     20A-8-402.
381          (11) "Detailed listing" means:
382          (a) for each contribution or public service assistance:
383          (i) the name and address of the individual or source making the contribution or public
384     service assistance, except to the extent that the name or address of the individual or source is
385     unknown;
386          (ii) the amount or value of the contribution or public service assistance; and
387          (iii) the date the contribution or public service assistance was made; and
388          (b) for each expenditure:
389          (i) the amount of the expenditure;
390          (ii) the person or entity to whom it was disbursed;
391          (iii) the specific purpose, item, or service acquired by the expenditure; and
392          (iv) the date the expenditure was made.
393          (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment

394     for membership in the corporation, to a corporation without receiving full and adequate
395     consideration for the money.
396          (b) "Donor" does not include a person that signs a statement that the corporation may
397     not use the money for an expenditure or political issues expenditure.
398          (13) "Election" means each:
399          (a) regular general election;
400          (b) regular primary election; and
401          (c) special election at which candidates are eliminated and selected.
402          (14) "Electioneering communication" means a communication that:
403          (a) has at least a value of $10,000;
404          (b) clearly identifies a candidate or judge; and
405          (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
406     facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
407     identified candidate's or judge's election date.
408          (15) (a) "Expenditure" means any of the following made by a reporting entity or an
409     agent of a reporting entity on behalf of the reporting entity:
410          (i) any disbursement from contributions, receipts, or from the separate bank account
411     required by this chapter;
412          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
413     or anything of value made for political purposes;
414          (iii) an express, legally enforceable contract, promise, or agreement to make any
415     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
416     value for political purposes;
417          (iv) compensation paid by a filing entity for personal services rendered by a person
418     without charge to a reporting entity;
419          (v) a transfer of funds between the filing entity and a candidate's personal campaign
420     committee; or
421          (vi) goods or services provided by the filing entity to or for the benefit of another

422     reporting entity for political purposes at less than fair market value.
423          (b) "Expenditure" does not include:
424          (i) services provided without compensation by individuals volunteering a portion or all
425     of their time on behalf of a reporting entity;
426          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
427     business; or
428          (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
429     candidates for office or officeholders in states other than Utah.
430          (16) "Federal office" means the office of president of the United States, United States
431     Senator, or United States Representative.
432          (17) "Filing entity" means the reporting entity that is required to file a financial
433     statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
434          (18) "Financial statement" includes any summary report, interim report, verified
435     financial statement, or other statement disclosing contributions, expenditures, receipts,
436     donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
437     Retention Elections.
438          (19) "Governing board" means the individual or group of individuals that determine the
439     candidates and committees that will receive expenditures from a political action committee,
440     political party, or corporation.
441          (20) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
442     Incorporation, by which a geographical area becomes legally recognized as a city or town.
443          (21) "Incorporation election" means the election authorized by Section 10-2-111 or
444     10-2-127.
445          (22) "Incorporation petition" means a petition authorized by Section 10-2-109 or
446     10-2-125.
447          (23) "Individual" means a natural person.
448          (24) "In-kind contribution" means anything of value, other than money, that is accepted
449     by or coordinated with a filing entity.

450          (25) "Interim report" means a report identifying the contributions received and
451     expenditures made since the last report.
452          (26) "Legislative office" means the office of state senator, state representative, speaker
453     of the House of Representatives, president of the Senate, and the leader, whip, and assistant
454     whip of any party caucus in either house of the Legislature.
455          (27) "Legislative office candidate" means a person who:
456          (a) files a declaration of candidacy for the office of state senator or state representative;
457          (b) declares oneself to be a candidate for, or actively campaigns for, the position of
458     speaker of the House of Representatives, president of the Senate, or the leader, whip, and
459     assistant whip of any party caucus in either house of the Legislature; or
460          (c) receives contributions, makes expenditures, or gives consent for any other person to
461     receive contributions or make expenditures to bring about the person's nomination, election, or
462     appointment to a legislative office.
463          (28) "Major political party" means either of the two registered political parties that
464     have the greatest number of members elected to the two houses of the Legislature.
465          (29) "Officeholder" means a person who holds a public office.
466          (30) "Party committee" means any committee organized by or authorized by the
467     governing board of a registered political party.
468          (31) "Person" means both natural and legal persons, including individuals, business
469     organizations, personal campaign committees, party committees, political action committees,
470     political issues committees, and labor organizations, as defined in Section 20A-11-1501.
471          (32) "Personal campaign committee" means the committee appointed by a candidate to
472     act for the candidate as provided in this chapter.
473          (33) "Personal use expenditure" has the same meaning as provided under Section
474     20A-11-104.
475          (34) (a) "Political action committee" means an entity, or any group of individuals or
476     entities within or outside this state, a major purpose of which is to:
477          (i) solicit or receive contributions from any other person, group, or entity for political

478     purposes; or
479          (ii) make expenditures to expressly advocate for any person to refrain from voting or to
480     vote for or against any candidate or person seeking election to a municipal or county office.
481          (b) "Political action committee" includes groups affiliated with a registered political
482     party but not authorized or organized by the governing board of the registered political party
483     that receive contributions or makes expenditures for political purposes.
484          (c) "Political action committee" does not mean:
485          (i) a party committee;
486          (ii) any entity that provides goods or services to a candidate or committee in the regular
487     course of its business at the same price that would be provided to the general public;
488          (iii) an individual;
489          (iv) individuals who are related and who make contributions from a joint checking
490     account;
491          (v) a corporation, except a corporation a major purpose of which is to act as a political
492     action committee; or
493          (vi) a personal campaign committee.
494          (35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
495     by another person on behalf of and with the knowledge of the reporting entity, to provide
496     political advice to the reporting entity.
497          (b) "Political consultant" includes a circumstance described in Subsection (35)(a),
498     where the person:
499          (i) has already been paid, with money or other consideration;
500          (ii) expects to be paid in the future, with money or other consideration; or
501          (iii) understands that the person may, in the discretion of the reporting entity or another
502     person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
503     money or other consideration.
504          (36) "Political convention" means a county or state political convention held by a
505     registered political party to select candidates.

506          (37) (a) "Political issues committee" means an entity, or any group of individuals or
507     entities within or outside this state, a major purpose of which is to:
508          (i) solicit or receive donations from any other person, group, or entity to assist in
509     placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
510     to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
511          (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
512     ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
513     proposed ballot proposition or an incorporation in an incorporation election; or
514          (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
515     ballot or to assist in keeping a ballot proposition off the ballot.
516          (b) "Political issues committee" does not mean:
517          (i) a registered political party or a party committee;
518          (ii) any entity that provides goods or services to an individual or committee in the
519     regular course of its business at the same price that would be provided to the general public;
520          (iii) an individual;
521          (iv) individuals who are related and who make contributions from a joint checking
522     account; or
523          (v) a corporation, except a corporation a major purpose of which is to act as a political
524     issues committee.
525          (38) (a) "Political issues contribution" means any of the following:
526          (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
527     anything of value given to a political issues committee;
528          (ii) an express, legally enforceable contract, promise, or agreement to make a political
529     issues donation to influence the approval or defeat of any ballot proposition;
530          (iii) any transfer of funds received by a political issues committee from a reporting
531     entity;
532          (iv) compensation paid by another reporting entity for personal services rendered
533     without charge to a political issues committee; and

534          (v) goods or services provided to or for the benefit of a political issues committee at
535     less than fair market value.
536          (b) "Political issues contribution" does not include:
537          (i) services provided without compensation by individuals volunteering a portion or all
538     of their time on behalf of a political issues committee; or
539          (ii) money lent to a political issues committee by a financial institution in the ordinary
540     course of business.
541          (39) (a) "Political issues expenditure" means any of the following when made by a
542     political issues committee or on behalf of a political issues committee by an agent of the
543     reporting entity:
544          (i) any payment from political issues contributions made for the purpose of influencing
545     the approval or the defeat of:
546          (A) a ballot proposition; or
547          (B) an incorporation petition or incorporation election;
548          (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
549     the express purpose of influencing the approval or the defeat of:
550          (A) a ballot proposition; or
551          (B) an incorporation petition or incorporation election;
552          (iii) an express, legally enforceable contract, promise, or agreement to make any
553     political issues expenditure;
554          (iv) compensation paid by a reporting entity for personal services rendered by a person
555     without charge to a political issues committee; or
556          (v) goods or services provided to or for the benefit of another reporting entity at less
557     than fair market value.
558          (b) "Political issues expenditure" does not include:
559          (i) services provided without compensation by individuals volunteering a portion or all
560     of their time on behalf of a political issues committee; or
561          (ii) money lent to a political issues committee by a financial institution in the ordinary

562     course of business.
563          (40) "Political purposes" means an act done with the intent or in a way to influence or
564     tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
565     against any candidate or a person seeking a municipal or county office at any caucus, political
566     convention, or election.
567          (41) (a) "Poll" means the survey of a person regarding the person's opinion or
568     knowledge of an individual who has filed a declaration of candidacy for public office, or of a
569     ballot proposition that has legally qualified for placement on the ballot, which is conducted in
570     person or by telephone, facsimile, Internet, postal mail, or email.
571          (b) "Poll" does not include:
572          (i) a ballot; or
573          (ii) an interview of a focus group that is conducted, in person, by one individual, if:
574          (A) the focus group consists of more than three, and less than thirteen, individuals; and
575          (B) all individuals in the focus group are present during the interview.
576          (42) "Primary election" means any regular primary election held under the election
577     laws.
578          [(45)] (43) "Publicly identified class of individuals" means a group of 50 or more
579     individuals sharing a common occupation, interest, or association that contribute to a political
580     action committee or political issues committee and whose names can be obtained by contacting
581     the political action committee or political issues committee upon whose financial statement the
582     individuals are listed.
583          [(43)] (44) "Public office" means the office of governor, lieutenant governor, state
584     auditor, state treasurer, attorney general, state school board member, state senator, state
585     representative, speaker of the House of Representatives, president of the Senate, and the leader,
586     whip, and assistant whip of any party caucus in either house of the Legislature.
587          [(44)] (45) (a) "Public service assistance" means the following when given or provided
588     to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
589     communicate with the officeholder's constituents:

590          (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
591     money or anything of value to an officeholder; or
592          (ii) goods or services provided at less than fair market value to or for the benefit of the
593     officeholder.
594          (b) "Public service assistance" does not include:
595          (i) anything provided by the state;
596          (ii) services provided without compensation by individuals volunteering a portion or all
597     of their time on behalf of an officeholder;
598          (iii) money lent to an officeholder by a financial institution in the ordinary course of
599     business;
600          (iv) news coverage or any publication by the news media; or
601          (v) any article, story, or other coverage as part of any regular publication of any
602     organization unless substantially all the publication is devoted to information about the
603     officeholder.
604          (46) "Receipts" means contributions and public service assistance.
605          (47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
606     Lobbyist Disclosure and Regulation Act.
607          (48) "Registered political action committee" means any political action committee that
608     is required by this chapter to file a statement of organization with the Office of the Lieutenant
609     Governor.
610          (49) "Registered political issues committee" means any political issues committee that
611     is required by this chapter to file a statement of organization with the Office of the Lieutenant
612     Governor.
613          (50) "Registered political party" means an organization of voters that:
614          (a) participated in the last regular general election and polled a total vote equal to 2%
615     or more of the total votes cast for all candidates for the United States House of Representatives
616     for any of its candidates for any office; or
617          (b) has complied with the petition and organizing procedures of Chapter 8, Political

618     Party Formation and Procedures.
619          (51) (a) "Remuneration" means a payment:
620          (i) made to a legislator for the period the Legislature is in session; and
621          (ii) that is approximately equivalent to an amount a legislator would have earned
622     during the period the Legislature is in session in the legislator's ordinary course of business.
623          (b) "Remuneration" does not mean anything of economic value given to a legislator by:
624          (i) the legislator's primary employer in the ordinary course of business; or
625          (ii) a person or entity in the ordinary course of business:
626          (A) because of the legislator's ownership interest in the entity; or
627          (B) for services rendered by the legislator on behalf of the person or entity.
628          (52) "Reporting entity" means a candidate, a candidate's personal campaign committee,
629     a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
630     action committee, a political issues committee, a corporation, or a labor organization, as
631     defined in Section 20A-11-1501.
632          (53) "School board office" means the office of state school board.
633          (54) (a) "Source" means the person or entity that is the legal owner of the tangible or
634     intangible asset that comprises the contribution.
635          (b) "Source" means, for political action committees and corporations, the political
636     action committee and the corporation as entities, not the contributors to the political action
637     committee or the owners or shareholders of the corporation.
638          (55) "State office" means the offices of governor, lieutenant governor, attorney general,
639     state auditor, and state treasurer.
640          (56) "State office candidate" means a person who:
641          (a) files a declaration of candidacy for a state office; or
642          (b) receives contributions, makes expenditures, or gives consent for any other person to
643     receive contributions or make expenditures to bring about the person's nomination, election, or
644     appointment to a state office.
645          (57) "Summary report" means the year end report containing the summary of a

646     reporting entity's contributions and expenditures.
647          (58) "Supervisory board" means the individual or group of individuals that allocate
648     expenditures from a political issues committee.
649          Section 4. Section 20A-11-201 is amended to read:
650          20A-11-201. State office candidate -- Separate bank account for campaign funds
651     -- No personal use -- Contribution reporting deadline -- Report other accounts --
652     Anonymous contributions.
653          (1) (a) Each state office candidate or the candidate's personal campaign committee
654     shall deposit each contribution and public service assistance received in one or more separate
655     campaign accounts in a financial institution.
656          (b) A state office candidate or a candidate's personal campaign committee may not use
657     money deposited in a campaign account for:
658          (i) a personal use expenditure; or
659          (ii) an expenditure prohibited by law.
660          (2) A state office candidate or the candidate's personal campaign committee may not
661     deposit or mingle any contributions received into a personal or business account.
662          (3) If a person who is no longer a state office candidate chooses not to expend the
663     money remaining in a campaign account, the person shall continue to file the year-end
664     summary report required by Section 20A-11-203 until the statement of dissolution and final
665     summary report required by Section 20A-11-205 are filed with the lieutenant governor.
666          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
667     is no longer a state office candidate may not expend or transfer the money in a campaign
668     account in a manner that would cause the former state office candidate to recognize the money
669     as taxable income under federal tax law.
670          (b) A person who is no longer a state office candidate may transfer the money in a
671     campaign account in a manner that would cause the former state office candidate to recognize
672     the money as taxable income under federal tax law if the transfer is made to a campaign
673     account for federal office.

674          (5) (a) As used in this Subsection (5) and Section 20A-11-204, "received" means:
675          (i) for a cash contribution, that the cash is given to a state office candidate or a member
676     of the candidate's personal campaign committee;
677          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
678     instrument or check is negotiated; and
679          (iii) for any other type of contribution, that any portion of the contribution's benefit
680     inures to the state office candidate.
681          (b) Each state office candidate shall report to the lieutenant governor each contribution
682     and public service assistance received by the state office candidate:
683          (i) except as provided in Subsection (5)(b)(ii), within 30 days after the day on which
684     the contribution or public service assistance is received; or
685          (ii) within three business days after the day on which the contribution or public service
686     assistance is received, if:
687          (A) the state office candidate is contested in a convention and the contribution or
688     public service assistance is received within 30 days before the day on which the convention is
689     held;
690          (B) the state office candidate is contested in a primary election and the contribution or
691     public service assistance is received within 30 days before the day on which the primary
692     election is held; or
693          (C) the state office candidate is contested in a general election and the contribution or
694     public service assistance is received within 30 days before the day on which the general
695     election is held.
696          (c) [Except as provided in Subsection (5)(d), for] For each contribution or provision of
697     public service assistance that a state office candidate fails to report within the time period
698     described in Subsection (5)(b), the lieutenant governor shall impose a fine against the state
699     office candidate in an amount equal to:
700          (i) [the greater of $50 or 15%] (A) 10% of the amount of the contribution, if the state
701     office candidate reports the contribution within 60 days after the day on which the time period

702     described in Subsection (5)(b) ends; or
703          (B) 20% of the amount of the contribution, if the state office candidate fails to report
704     the contribution within 60 days after the day on which the time period described in Subsection
705     (5)(b) ends; or
706          (ii) [the greater of $50 or 15%] (A) 10% of the value of the public service
707     assistance[.], if the state office candidate reports the public service assistance within 60 days
708     after the day on which the time period described in Subsection (5)(b) ends; or
709          (B) 20% of the amount of the public service assistance, if the state office candidate
710     fails to report the public service assistance within 60 days after the day on which the time
711     period described in Subsection (5)(b) ends.
712          [(d) A fine described in Subsection (5)(c) may not exceed the amount of the
713     contribution or the value of the public service assistance to which the fine relates.]
714          [(e)] (d) The lieutenant governor shall:
715          (i) deposit money received under Subsection (5)(c) into the General Fund; and
716          (ii) report on the lieutenant governor's website, in the location where reports relating to
717     each state office candidate are available for public access:
718          (A) each fine imposed by the lieutenant governor against the state office candidate;
719          (B) the amount of the fine;
720          (C) the amount of the contribution to which the fine relates; and
721          (D) the date of the contribution.
722          (6) (a) As used in this Subsection (6), "account" means an account in a financial
723     institution:
724          (i) that is not described in Subsection (1)(a); and
725          (ii) into which or from which a person who, as a candidate for an office, other than the
726     state office for which the person files a declaration of candidacy or federal office, or as a holder
727     of an office, other than a state office for which the person files a declaration of candidacy or
728     federal office, deposits a contribution or makes an expenditure.
729          (b) A state office candidate shall include on any financial statement filed in accordance

730     with this part:
731          (i) a contribution deposited in an account:
732          (A) since the last campaign finance statement was filed; or
733          (B) that has not been reported under a statute or ordinance that governs the account; or
734          (ii) an expenditure made from an account:
735          (A) since the last campaign finance statement was filed; or
736          (B) that has not been reported under a statute or ordinance that governs the account.
737          (7) Within 30 days after receiving a contribution that is cash or a negotiable
738     instrument, exceeds $50, and is from an unknown source, a state office candidate shall disburse
739     the amount of the contribution to:
740          (a) the treasurer of the state or a political subdivision for deposit into the state's or
741     political subdivision's general fund; or
742          (b) an organization that is exempt from federal income taxation under Section
743     501(c)(3), Internal Revenue Code.
744          Section 5. Section 20A-11-301 is amended to read:
745          20A-11-301. Legislative office candidate -- Campaign finance requirements --
746     Candidate as a political action committee officer -- No personal use -- Contribution
747     reporting deadline -- Report other accounts -- Anonymous contributions.
748          (1) (a) (i) Each legislative office candidate shall deposit each contribution and public
749     service assistance received in one or more separate accounts in a financial institution that are
750     dedicated only to that purpose.
751          (ii) A legislative office candidate may:
752          (A) receive a contribution or public service assistance from a political action
753     committee registered under Section 20A-11-601; and
754          (B) be designated by a political action committee as an officer who has primary
755     decision-making authority as described in Section 20A-11-601.
756          (b) A legislative office candidate or the candidate's personal campaign committee may
757     not use money deposited in an account described in Subsection (1)(a)(i) for:

758          (i) a personal use expenditure; or
759          (ii) an expenditure prohibited by law.
760          (2) A legislative office candidate may not deposit or mingle any contributions or public
761     service assistance received into a personal or business account.
762          (3) If a person who is no longer a legislative candidate chooses not to expend the
763     money remaining in a campaign account, the person shall continue to file the year-end
764     summary report required by Section 20A-11-302 until the statement of dissolution and final
765     summary report required by Section 20A-11-304 are filed with the lieutenant governor.
766          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
767     is no longer a legislative office candidate may not expend or transfer the money in a campaign
768     account in a manner that would cause the former legislative office candidate to recognize the
769     money as taxable income under federal tax law.
770          (b) A person who is no longer a legislative office candidate may transfer the money in
771     a campaign account in a manner that would cause the former legislative office candidate to
772     recognize the money as taxable income under federal tax law if the transfer is made to a
773     campaign account for federal office.
774          (5) (a) As used in this Subsection (5) and Section 20A-11-303, "received" means:
775          (i) for a cash contribution, that the cash is given to a legislative office candidate or a
776     member of the candidate's personal campaign committee;
777          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
778     instrument or check is negotiated; and
779          (iii) for any other type of contribution, that any portion of the contribution's benefit
780     inures to the legislative office candidate.
781          (b) Each legislative office candidate shall report to the lieutenant governor each
782     contribution and public service assistance received by the legislative office candidate:
783          (i) except as provided in Subsection (5)(b)(ii), within 30 days after the day on which
784     the contribution or public service assistance is received; or
785          (ii) within three business days after the day on which the contribution or public service

786     assistance is received, if:
787          (A) the legislative office candidate is contested in a convention and the contribution or
788     public service assistance is received within 30 days before the day on which the convention is
789     held;
790          (B) the legislative office candidate is contested in a primary election and the
791     contribution or public service assistance is received within 30 days before the day on which the
792     primary election is held; or
793          (C) the legislative office candidate is contested in a general election and the
794     contribution or public service assistance is received within 30 days before the day on which the
795     general election is held.
796          (c) [Except as provided in Subsection (5)(d), for] For each contribution or provision of
797     public service assistance that a legislative office candidate fails to report within the time period
798     described in Subsection (5)(b), the lieutenant governor shall impose a fine against the
799     legislative office candidate in an amount equal to:
800          (i) [the greater of $50 or 15%] (A) 10% of the amount of the contribution, if the
801     legislative office candidate reports the contribution within 60 days after the day on which the
802     time period described in Subsection (5)(b) ends; or
803          (B) 20% of the amount of the contribution, if the legislative office candidate fails to
804     report the contribution within 60 days after the day on which the time period described in
805     Subsection (5)(b) ends; or
806          (ii) [the greater of $50 or 15%] (A) 10% of the value of the public service
807     assistance[.], if the legislative office candidate reports the public service assistance within 60
808     days after the day on which the time period described in Subsection (5)(b) ends; or
809          (B) 20% of the amount of the public service assistance, if the legislative office
810     candidate fails to report the public service assistance within 60 days after the day on which the
811     time period described in Subsection (5)(b) ends.
812          [(d) A fine described in Subsection (5)(c) may not exceed the amount of the
813     contribution or the value of the public service assistance to which the fine relates.]

814          [(e)] (d) The lieutenant governor shall:
815          (i) deposit money received under Subsection (5)(c) into the General Fund; and
816          (ii) report on the lieutenant governor's website, in the location where reports relating to
817     each legislative office candidate are available for public access:
818          (A) each fine imposed by the lieutenant governor against the legislative office
819     candidate;
820          (B) the amount of the fine;
821          (C) the amount of the contribution to which the fine relates; and
822          (D) the date of the contribution.
823          (6) Within 30 days after receiving a contribution that is cash or a negotiable
824     instrument, exceeds $50, and is from an unknown source, a legislative office candidate shall
825     disburse the amount of the contribution to:
826          (a) the treasurer of the state or a political subdivision for deposit into the state's or
827     political subdivision's general fund; or
828          (b) an organization that is exempt from federal income taxation under Section
829     501(c)(3), Internal Revenue Code.
830          [(6)] (7) (a) As used in this Subsection [(6)] (7), "account" means an account in a
831     financial institution:
832          (i) that is not described in Subsection (1)(a)(i); and
833          (ii) into which or from which a person who, as a candidate for an office, other than a
834     legislative office for which the person files a declaration of candidacy or federal office, or as a
835     holder of an office, other than a legislative office for which the person files a declaration of
836     candidacy or federal office, deposits a contribution or makes an expenditure.
837          (b) A legislative office candidate shall include on any financial statement filed in
838     accordance with this part:
839          (i) a contribution deposited in an account:
840          (A) since the last campaign finance statement was filed; or
841          (B) that has not been reported under a statute or ordinance that governs the account; or

842          (ii) an expenditure made from an account:
843          (A) since the last campaign finance statement was filed; or
844          (B) that has not been reported under a statute or ordinance that governs the account.
845          Section 6. Section 20A-11-401 is amended to read:
846          20A-11-401. Officeholder financial reporting requirements -- Year-end summary
847     report -- Officeholder as a political action committee officer -- Anonymous contribution
848     or public service assistance.
849          (1) (a) Each officeholder shall file a summary report by January 10 of each year.
850          (b) An officeholder that is required to file a summary report both as an officeholder and
851     as a candidate for office under the requirements of this chapter may file a single summary
852     report as a candidate and an officeholder, provided that the combined report meets the
853     requirements of:
854          (i) this section; and
855          (ii) the section that provides the requirements for the summary report filed by the
856     officeholder in the officeholder's capacity of a candidate for office.
857          (2) (a) Each summary report shall include the following information as of December 31
858     of the previous year:
859          (i) the net balance of the last summary report, if any;
860          (ii) a single figure equal to the total amount of receipts received since the last summary
861     report, if any;
862          (iii) a single figure equal to the total amount of expenditures made since the last
863     summary report, if any;
864          (iv) a detailed listing of each contribution and public service assistance received since
865     the last summary report;
866          (v) for each nonmonetary contribution:
867          (A) the fair market value of the contribution with that information provided by the
868     contributor; and
869          (B) a specific description of the contribution;

870          (vi) a detailed listing of each expenditure made since the last summary report;
871          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
872          (viii) a net balance for the year consisting of the net balance from the last summary
873     report plus all receipts minus all expenditures; and
874          (ix) the name of a political action committee for which the officeholder is designated
875     as an officer who has primary decision-making authority under Section 20A-11-601.
876          (b) (i) For all individual contributions or public service assistance of $50 or less, a
877     single aggregate figure may be reported without separate detailed listings.
878          (ii) Two or more contributions from the same source that have an aggregate total of
879     more than $50 may not be reported in the aggregate, but shall be reported separately.
880          (c) In preparing the report, all receipts and expenditures shall be reported as of
881     December 31 of the previous year.
882          (3) The summary report shall contain a paragraph signed by the officeholder certifying
883     that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
884     reported as of December 31 of the last calendar year and that there are no bills or obligations
885     outstanding and unpaid except as set forth in that report.
886          (4) An officeholder may:
887          (a) receive public service assistance from a political action committee registered under
888     Section 20A-11-601; and
889          (b) be designated by a political action committee as an officer who has primary
890     decision-making authority as described in Section 20A-11-601.
891          (5) Within 30 days after receiving a contribution or public service assistance that is
892     cash or a negotiable instrument, exceeds $50, and is from an unknown source, an officeholder
893     shall disburse the amount of the contribution or public service assistance to:
894          (a) the treasurer of the state or a political subdivision for deposit into the state's or
895     political subdivision's general fund; or
896          (b) an organization that is exempt from federal income taxation under Section
897     501(c)(3), Internal Revenue Code.

898          Section 7. Section 20A-11-505.7 is amended to read:
899          20A-11-505.7. Separate account for contributions for registered political party --
900     Anonymous contributions to registered political party or county political party.
901          (1) A registered political party shall deposit a contribution received in one or more
902     separate campaign accounts in a financial institution.
903          (2) A registered political party may not deposit or mingle a contribution received into a
904     personal or business account.
905          (3) A registered political party or county political party may not expend a contribution
906     for political purposes or a political issues expenditure if the contribution:
907          (a) is cash or a negotiable instrument;
908          (b) exceeds $50; and
909          (c) is from an unknown source.
910          Section 8. Section 20A-11-602 is amended to read:
911          20A-11-602. Political action committees -- Financial reporting.
912          (1) (a) Each registered political action committee that has received contributions
913     totaling at least $750, or disbursed expenditures totaling at least $50, during a calendar year
914     shall file a verified financial statement with the lieutenant governor's office:
915          (i) on January 10, reporting contributions and expenditures as of December 31 of the
916     previous year;
917          (ii) seven days before the state political convention of each major political party;
918          (iii) seven days before the regular primary election date;
919          (iv) on August 31; and
920          (v) seven days before:
921          (A) the municipal general election; and
922          (B) the regular general election date.
923          (b) The registered political action committee shall report:
924          (i) a detailed listing of all contributions received and expenditures made since the last
925     statement; and

926          (ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
927     contributions and expenditures as of five days before the required filing date of the financial
928     statement.
929          (c) The registered political action committee need not file a statement under this
930     section if it received no contributions and made no expenditures during the reporting period.
931          (2) (a) The verified financial statement shall include:
932          (i) the name and address of any individual [that] who makes a contribution to the
933     reporting political action committee, if known, and the amount of the contribution;
934          (ii) the identification of any publicly identified class of individuals that makes a
935     contribution to the reporting political action committee, if known, and the amount of the
936     contribution;
937          (iii) the name and address of any political action committee, group, or entity, if known,
938     that makes a contribution to the reporting political action committee, and the amount of the
939     contribution;
940          (iv) for each nonmonetary contribution, the fair market value of the contribution;
941          (v) the name and address of each reporting entity that received an expenditure from the
942     reporting political action committee, and the amount of each expenditure;
943          (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
944          (vii) the total amount of contributions received and expenditures disbursed by the
945     reporting political action committee;
946          (viii) a statement by the political action committee's treasurer or chief financial officer
947     certifying that, to the best of the person's knowledge, the financial report is accurate; and
948          (ix) a summary page in the form required by the lieutenant governor that identifies:
949          (A) beginning balance;
950          (B) total contributions during the period since the last statement;
951          (C) total contributions to date;
952          (D) total expenditures during the period since the last statement; and
953          (E) total expenditures to date.

954          (b) (i) Contributions received by a political action committee that have a value of $50
955     or less need not be reported individually, but shall be listed on the report as an aggregate total.
956          (ii) Two or more contributions from the same source that have an aggregate total of
957     more than $50 may not be reported in the aggregate, but shall be reported separately.
958          (3) A group or entity may not divide or separate into units, sections, or smaller groups
959     for the purpose of avoiding the financial reporting requirements of this chapter, and substance
960     shall prevail over form in determining the scope or size of a political action committee.
961          (4) (a) As used in this Subsection (4), "received" means:
962          (i) for a cash contribution, that the cash is given to a political action committee;
963          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
964     instrument or check is negotiated; and
965          (iii) for any other type of contribution, that any portion of the contribution's benefit
966     inures to the political action committee.
967          (b) A political action committee shall report each contribution to the lieutenant
968     governor within 30 days after the contribution is received.
969          (5) A political action committee may not expend a contribution for political purposes if
970     the contribution:
971          (a) is cash or a negotiable instrument;
972          (b) exceeds $50; and
973          (c) is from an unknown source.
974          Section 9. Section 20A-11-802 is amended to read:
975          20A-11-802. Political issues committees -- Financial reporting.
976          (1) (a) Each registered political issues committee that has received political issues
977     contributions totaling at least $750, or disbursed political issues expenditures totaling at least
978     $50, during a calendar year, shall file a verified financial statement with the lieutenant
979     governor's office:
980          (i) on January 10, reporting contributions and expenditures as of December 31 of the
981     previous year;

982          (ii) seven days before the state political convention of each major political party;
983          (iii) seven days before the regular primary election date;
984          (iv) seven days before the date of an incorporation election, if the political issues
985     committee has received donations or made disbursements to affect an incorporation;
986          (v) at least three days before the first public hearing held as required by Section
987     20A-7-204.1;
988          (vi) if the political issues committee has received or expended funds in relation to an
989     initiative or referendum, at the time the initiative or referendum sponsors submit:
990          (A) the verified and certified initiative packets as required by Section 20A-7-206; or
991          (B) the signed and verified referendum packets as required by Section 20A-7-306;
992          (vii) on August 31; and
993          (viii) seven days before:
994          (A) the municipal general election; and
995          (B) the regular general election.
996          (b) The political issues committee shall report:
997          (i) a detailed listing of all contributions received and expenditures made since the last
998     statement; and
999          (ii) all contributions and expenditures as of five days before the required filing date of
1000     the financial statement, except for a financial statement filed on January 10.
1001          (c) The political issues committee need not file a statement under this section if it
1002     received no contributions and made no expenditures during the reporting period.
1003          (2) (a) That statement shall include:
1004          (i) the name and address, if known, of any individual [that] who makes a political
1005     issues contribution to the reporting political issues committee, and the amount of the political
1006     issues contribution;
1007          (ii) the identification of any publicly identified class of individuals that makes a
1008     political issues contribution to the reporting political issues committee, and the amount of the
1009     political issues contribution;

1010          (iii) the name and address, if known, of any political issues committee, group, or entity
1011     that makes a political issues contribution to the reporting political issues committee, and the
1012     amount of the political issues contribution;
1013          (iv) the name and address of each reporting entity that makes a political issues
1014     contribution to the reporting political issues committee, and the amount of the political issues
1015     contribution;
1016          (v) for each nonmonetary contribution, the fair market value of the contribution;
1017          (vi) except as provided in Subsection (2)(c), the name and address of each individual,
1018     entity, or group of individuals or entities that received a political issues expenditure of more
1019     than $50 from the reporting political issues committee, and the amount of each political issues
1020     expenditure;
1021          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1022          (viii) the total amount of political issues contributions received and political issues
1023     expenditures disbursed by the reporting political issues committee;
1024          (ix) a statement by the political issues committee's treasurer or chief financial officer
1025     certifying that, to the best of the person's knowledge, the financial statement is accurate; and
1026          (x) a summary page in the form required by the lieutenant governor that identifies:
1027          (A) beginning balance;
1028          (B) total contributions during the period since the last statement;
1029          (C) total contributions to date;
1030          (D) total expenditures during the period since the last statement; and
1031          (E) total expenditures to date.
1032          (b) (i) Political issues contributions received by a political issues committee that have a
1033     value of $50 or less need not be reported individually, but shall be listed on the report as an
1034     aggregate total.
1035          (ii) Two or more political issues contributions from the same source that have an
1036     aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
1037     separately.

1038          (c) When reporting political issue expenditures made to circulators of initiative
1039     petitions, the political issues committee:
1040          (i) need only report the amount paid to each initiative petition circulator; and
1041          (ii) need not report the name or address of the circulator.
1042          (3) (a) As used in this Subsection (3), "received" means:
1043          (i) for a cash contribution, that the cash is given to a political issues committee;
1044          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1045     instrument or check is negotiated; and
1046          (iii) for any other type of contribution, that any portion of the contribution's benefit
1047     inures to the political issues committee.
1048          (b) A political issues committee shall report each contribution to the lieutenant
1049     governor within 30 days after the contribution is received.
1050          (4) A political issues committee may not expend a contribution for a political issues
1051     expenditure if the contribution:
1052          (a) is cash or a negotiable instrument;
1053          (b) exceeds $50; and
1054          (c) is from an unknown source.
1055          Section 10. Section 20A-11-1301 is amended to read:
1056          20A-11-1301. School board office candidate -- Campaign finance requirements --
1057     Candidate as a political action committee officer -- No personal use -- Contribution
1058     reporting deadline -- Report other accounts -- Anonymous contributions.
1059          (1) (a) (i) Each school board office candidate shall deposit each contribution and public
1060     service assistance received in one or more separate accounts in a financial institution that are
1061     dedicated only to that purpose.
1062          (ii) A school board office candidate may:
1063          (A) receive a contribution or public service assistance from a political action
1064     committee registered under Section 20A-11-601; and
1065          (B) be designated by a political action committee as an officer who has primary

1066     decision-making authority as described in Section 20A-11-601.
1067          (b) A school board office candidate may not use money deposited in an account
1068     described in Subsection (1)(a)(i) for:
1069          (i) a personal use expenditure; or
1070          (ii) an expenditure prohibited by law.
1071          (2) A school board office candidate may not deposit or mingle any contributions or
1072     public service assistance received into a personal or business account.
1073          (3) A school board office candidate may not make any political expenditures prohibited
1074     by law.
1075          (4) If a person who is no longer a school board candidate chooses not to expend the
1076     money remaining in a campaign account, the person shall continue to file the year-end
1077     summary report required by Section 20A-11-1302 until the statement of dissolution and final
1078     summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
1079          (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
1080     is no longer a school board candidate may not expend or transfer the money in a campaign
1081     account in a manner that would cause the former school board candidate to recognize the
1082     money as taxable income under federal tax law.
1083          (b) A person who is no longer a school board candidate may transfer the money in a
1084     campaign account in a manner that would cause the former school board candidate to recognize
1085     the money as taxable income under federal tax law if the transfer is made to a campaign
1086     account for federal office.
1087          (6) (a) As used in this Subsection (6) and Section 20A-11-1303, "received" means:
1088          (i) for a cash contribution, that the cash is given to a school board office candidate or a
1089     member of the candidate's personal campaign committee;
1090          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1091     instrument or check is negotiated; and
1092          (iii) for any other type of contribution, that any portion of the contribution's benefit
1093     inures to the school board office candidate.

1094          (b) Each school board office candidate shall report to the chief election officer each
1095     contribution and public service assistance received by the school board office candidate:
1096          (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
1097     the contribution or public service assistance is received; or
1098          (ii) within three business days after the day on which the contribution or public service
1099     assistance is received, if:
1100          (A) the school board office candidate is contested in a primary election and the
1101     contribution or public service assistance is received within 30 days before the day on which the
1102     primary election is held; or
1103          (B) the school board office candidate is contested in a general election and the
1104     contribution or public service assistance is received within 30 days before the day on which the
1105     general election is held.
1106          (c) [Except as provided in Subsection (6)(d), for] For each contribution or provision of
1107     public service assistance that a school board office candidate fails to report within the time
1108     period described in Subsection (6)(b), the chief election officer shall impose a fine against the
1109     school board office candidate in an amount equal to:
1110          (i) [the greater of $50 or 15%] (A) 10% of the amount of the contribution, if the school
1111     board office candidate reports the contribution within 60 days after the day on which the time
1112     period described in Subsection (6)(b) ends; or
1113          (B) 20% of the amount of the contribution, if the school board office candidate fails to
1114     report the contribution within 60 days after the day on which the time period described in
1115     Subsection (6)(b) ends; or
1116          (ii) [the greater of $50 or 15%] (A) 10% of the value of the public service
1117     assistance[.], if the school board office candidate reports the public service assistance within 60
1118     days after the day on which the time period described in Subsection (6)(b) ends; or
1119          (B) 20% of the amount of the public service assistance, if the school board office
1120     candidate fails to report the public service assistance within 60 days after the day on which the
1121     time period described in Subsection (6)(b) ends.

1122          [(d) A fine described in Subsection (6)(c) may not exceed the amount of the
1123     contribution or the value of the public service assistance to which the fine relates.]
1124          [(e)] (d) The chief election officer shall:
1125          (i) deposit money received under Subsection (6)(c) into the General Fund; and
1126          (ii) report on the chief election officer's website, in the location where reports relating
1127     to each school board office candidate are available for public access:
1128          (A) each fine imposed by the chief election officer against the school board office
1129     candidate;
1130          (B) the amount of the fine;
1131          (C) the amount of the contribution to which the fine relates; and
1132          (D) the date of the contribution.
1133          (7) Within 30 days after receiving a contribution that is cash or a negotiable
1134     instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
1135     disburse the contribution to:
1136          (a) the treasurer of the state or a political subdivision for deposit into the state's or
1137     political subdivision's general fund; or
1138          (b) an organization that is exempt from federal income taxation under Section
1139     501(c)(3), Internal Revenue Code.
1140          [(7)] (8) (a) As used in this Subsection [(7)] (8), "account" means an account in a
1141     financial institution:
1142          (i) that is not described in Subsection (1)(a)(i); and
1143          (ii) into which or from which a person who, as a candidate for an office, other than a
1144     school board office for which the person files a declaration of candidacy or federal office, or as
1145     a holder of an office, other than a school board office for which the person files a declaration of
1146     candidacy or federal office, deposits a contribution or makes an expenditure.
1147          (b) A school board office candidate shall include on any financial statement filed in
1148     accordance with this part:
1149          (i) a contribution deposited in an account:

1150          (A) since the last campaign finance statement was filed; or
1151          (B) that has not been reported under a statute or ordinance that governs the account; or
1152          (ii) an expenditure made from an account:
1153          (A) since the last campaign finance statement was filed; or
1154          (B) that has not been reported under a statute or ordinance that governs the account.
1155          Section 11. Section 20A-12-301 is amended to read:
1156          20A-12-301. Definitions.
1157          As used in this part:
1158          (1) (a) "Contribution" means any of the following when done for political purposes:
1159          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
1160     value given to the judge or the judge's personal campaign committee;
1161          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
1162     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
1163     anything of value to the judge or the judge's personal campaign committee;
1164          (iii) any transfer of funds from another reporting entity or a corporation to the judge or
1165     the judge's personal campaign committee;
1166          (iv) compensation paid by any person or reporting entity other than the judge or the
1167     judge's personal campaign committee for personal services provided without charge to the
1168     judge or the judge's personal campaign committee; and
1169          (v) goods or services provided to or for the benefit of the judge or the judge's personal
1170     campaign committee at less than fair market value.
1171          (b) "Contribution" does not include:
1172          (i) services provided without compensation by individuals volunteering a portion or all
1173     of their time on behalf of the judge or the judge's personal campaign committee; or
1174          (ii) money lent to the judge or the judge's personal campaign committee by a financial
1175     institution in the ordinary course of business.
1176          (2) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1177     organization that is registered as a corporation or is authorized to do business in a state and

1178     makes any expenditure from corporate funds for political purposes.
1179          (b) "Corporation" does not mean:
1180          (i) a business organization's political action committee as defined in Section
1181     20A-11-101 or political issues committee as defined in Section 20A-11-101; or
1182          (ii) a business entity organized as a partnership or a sole proprietorship.
1183          (3) "Detailed listing" means:
1184          (a) for each contribution:
1185          (i) the name and address of the individual or source making the contribution, to the
1186     extent that the name or address of the individual or source is known;
1187          (ii) the amount or value of the contribution; and
1188          (iii) the date the contribution was made; and
1189          (b) for each expenditure:
1190          (i) the amount of the expenditure;
1191          (ii) the person or entity to whom it was disbursed;
1192          (iii) the specific purpose, item, or service acquired by the expenditure; and
1193          (iv) the date the expenditure was made.
1194          (4) (a) "Expenditure" means:
1195          (i) any disbursement from contributions or from the separate bank account required by
1196     this chapter;
1197          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1198     or anything of value made for political purposes;
1199          (iii) an express, legally enforceable contract, promise, or agreement to make any
1200     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1201     value for political purposes;
1202          (iv) compensation paid by a corporation or reporting entity for personal services
1203     rendered by a person without charge to the judge or the judge's personal campaign committee;
1204          (v) a transfer of funds between the judge's personal campaign committee and another
1205     judge's personal campaign committee; or

1206          (vi) goods or services provided by the judge's personal campaign committee to or for
1207     the benefit of another judge for political purposes at less than fair market value.
1208          (b) "Expenditure" does not include:
1209          (i) services provided without compensation by individuals volunteering a portion or all
1210     of their time on behalf of the judge or judge's personal campaign committee; or
1211          (ii) money lent to a judge's personal campaign committee by a financial institution in
1212     the ordinary course of business.
1213          (5) "Individual" means a natural person.
1214          (6) "Interim report" means a report identifying the contributions received and
1215     expenditures made since the last report.
1216          (7) "Personal campaign committee" means the committee appointed by a judge to act
1217     for the judge as provided in this chapter.
1218          (8) "Political purposes" means an act done with the intent or in a way to influence or
1219     tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
1220     against any judge standing for retention at any election.
1221          (9) "Reporting entity" means a judge, judge's personal campaign committee, candidate,
1222     a candidate's personal campaign committee, an officeholder, and a party committee, a political
1223     action committee, and a political issues committee.
1224          (10) "Summary report" means the year-end report containing the summary of a
1225     reporting entity's contributions and expenditures.
1226          Section 12. Section 20A-12-303 is amended to read:
1227          20A-12-303. Separate account for campaign funds -- Reporting contributions.
1228          (1) The judge or the judge's personal campaign committee shall deposit each
1229     contribution in one or more separate personal campaign accounts in a financial institution.
1230          (2) The judge or the judge's personal campaign committee may not deposit or mingle
1231     any contributions received into a personal or business account.
1232          (3) (a) As used in this Subsection (3) and Section 20A-12-305, "received" means:
1233          (i) for a cash contribution, that the cash is given to a judge or the judge's personal

1234     campaign committee;
1235          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1236     instrument or check is negotiated; and
1237          (iii) for any other type of contribution, that any portion of the contribution's benefit
1238     inures to the judge.
1239          (b) The judge or the judge's personal campaign committee shall report to the lieutenant
1240     governor each contribution received by the judge, within 30 days after the day on which the
1241     contribution is received.
1242          (c) [Except as provided in Subsection (3)(d), for] For each contribution that a judge
1243     fails to report within the time period described in Subsection (3)(b), the lieutenant governor
1244     shall impose a fine against the judge in an amount equal to [the greater of $50 or 15%]:
1245          (i) 10% of the amount of the contribution[.] if the judge reports the contribution within
1246     60 days after the day on which the time period described in Subsection (3)(b) ends; or
1247          (ii) 20% of the amount of the contribution, if the judge fails to report the contribution
1248     within 60 days after the day on which the time period described in Subsection (3)(b) ends.
1249          [(d) A fine described in Subsection (3)(c) may not exceed the amount of the
1250     contribution to which the fine relates.]
1251          [(e)] (d) The lieutenant governor shall:
1252          (i) deposit money received under Subsection (3)(c) into the General Fund; and
1253          (ii) report on the lieutenant governor's website, in the location where reports relating to
1254     each judge are available for public access:
1255          (A) each fine imposed by the lieutenant governor against the judge;
1256          (B) the amount of the fine;
1257          (C) the amount of the contribution to which the fine relates; and
1258          (D) the date of the contribution.
1259          (4) Within 30 days after receiving a contribution that is cash or a negotiable
1260     instrument, exceeds $50, and is from an unknown source, a judge or the judge's personal
1261     campaign committee shall disburse the amount of the contribution to:

1262          (a) the treasurer of the state or a political subdivision for deposit into the state's or
1263     political subdivision's general fund; or
1264          (b) an organization that is exempt from federal income taxation under Section
1265     501(c)(3), Internal Revenue Code.