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7 LONG TITLE
8 General Description:
9 This bill changes the date on which certain filing entities are required to submit certain
10 financial disclosures.
11 Highlighted Provisions:
12 This bill:
13 ▸ changes the date on which certain filing entities are required to file a financial
14 disclosures report;
15 ▸ amends provisions relating to providing notice that a candidate on a ballot has been
16 disqualified; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-11-204, as last amended by Laws of Utah 2013, Chapters 170 and 420
25 20A-11-206, as last amended by Laws of Utah 2013, Chapters 170, 252, 317, and 420
26 20A-11-303, as last amended by Laws of Utah 2013, Chapters 170 and 420
27 20A-11-305, as last amended by Laws of Utah 2013, Chapters 170, 252, 317, and 420
28 20A-11-507, as last amended by Laws of Utah 2010, Chapter 389
29 20A-11-508, as last amended by Laws of Utah 2013, Chapters 252 and 420
30 20A-11-511, as enacted by Laws of Utah 2011, Chapter 396
31 20A-11-512, as last amended by Laws of Utah 2013, Chapters 252 and 420
32 20A-11-602, as last amended by Laws of Utah 2013, Chapter 420
33 20A-11-603, as last amended by Laws of Utah 2013, Chapters 252 and 420
34 20A-11-701, as last amended by Laws of Utah 2013, Chapters 318 and 420
35 20A-11-702, as last amended by Laws of Utah 2013, Chapters 318 and 420
36 20A-11-802, as last amended by Laws of Utah 2013, Chapter 420
37 20A-11-803, as last amended by Laws of Utah 2013, Chapter 420
38 20A-11-1303, as last amended by Laws of Utah 2014, Chapter 337
39 20A-11-1305, as last amended by Laws of Utah 2014, Chapter 337
40 20A-11-1502, as enacted by Laws of Utah 2010, Chapter 389
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 20A-11-204 is amended to read:
44 20A-11-204. State office candidate and state office holder -- Financial reporting
45 requirements -- Interim reports.
46 (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
47 account required under Subsection 20A-11-201(1)(a).
48 (b) Except as provided in Subsection (1)(c), each state office candidate shall file an
49 interim report at the following times in any year in which the candidate has filed a declaration
50 of candidacy for a public office:
51 (i) seven days before the candidate's political convention;
52 (ii) seven days before the regular primary election date;
53 (iii) [
54 (iv) seven days before the regular general election date.
55 (c) If a state office candidate is a state office candidate seeking appointment for a
56 midterm vacancy, the state office candidate:
57 (i) shall file an interim report:
58 (A) no later than seven days before the day on which the political party of the party for
59 which the state office candidate seeks nomination meets to declare a nominee for the governor
60 to appoint in accordance with Section 20A-1-504; or
61 (B) if a state office candidate decides to seek the appointment with less than seven days
62 before the party meets, or the political party schedules the meeting to declare a nominee less
63 than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
64 before the day on which the party meets; and
65 (ii) is not required to file an interim report at the times described in Subsection (1)(b).
66 (d) Each state office holder who has a campaign account that has not been dissolved
67 under Section 20A-11-205 shall, in an even year, file an interim report at the following times,
68 regardless of whether an election for the state office holder's office is held that year:
69 (i) seven days before the political convention for the political party of the state office
70 holder;
71 (ii) seven days before the regular primary election date;
72 (iii) [
73 (iv) seven days before the regular general election date.
74 (2) Each interim report shall include the following information:
75 (a) the net balance of the last summary report, if any;
76 (b) a single figure equal to the total amount of receipts reported on all prior interim
77 reports, if any, during the calendar year in which the interim report is due;
78 (c) a single figure equal to the total amount of expenditures reported on all prior
79 interim reports, if any, filed during the calendar year in which the interim report is due;
80 (d) a detailed listing of each contribution and public service assistance received since
81 the last summary report that has not been reported in detail on a prior interim report;
82 (e) for each nonmonetary contribution:
83 (i) the fair market value of the contribution with that information provided by the
84 contributor; and
85 (ii) a specific description of the contribution;
86 (f) a detailed listing of each expenditure made since the last summary report that has
87 not been reported in detail on a prior interim report;
88 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
89 (h) a net balance for the year consisting of the net balance from the last summary
90 report, if any, plus all receipts since the last summary report minus all expenditures since the
91 last summary report;
92 (i) a summary page in the form required by the lieutenant governor that identifies:
93 (i) beginning balance;
94 (ii) total contributions during the period since the last statement;
95 (iii) total contributions to date;
96 (iv) total expenditures during the period since the last statement; and
97 (v) total expenditures to date; and
98 (j) the name of a political action committee for which the state office candidate or state
99 office holder is designated as an officer who has primary decision-making authority under
100 Section 20A-11-601.
101 (3) (a) For all individual contributions or public service assistance of $50 or less, a
102 single aggregate figure may be reported without separate detailed listings.
103 (b) Two or more contributions from the same source that have an aggregate total of
104 more than $50 may not be reported in the aggregate, but shall be reported separately.
105 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
106 as of five days before the required filing date of the report.
107 (b) Any negotiable instrument or check received by a state office candidate or state
108 office holder more than five days before the required filing date of a report required by this
109 section shall be included in the interim report.
110 Section 2. Section 20A-11-206 is amended to read:
111 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
112 (1) (a) A state office candidate who fails to file a financial statement by the deadline is
113 subject to a fine imposed in accordance with Section 20A-11-1005.
114 (b) If a state office candidate fails to file an interim report [
115
116 20A-11-204(1)(b)(ii) through (iv), the lieutenant governor shall, after making a reasonable
117 attempt to discover if the report was timely filed, inform the county clerk and other appropriate
118 election officials that the state office candidate is disqualified.
119 (c) (i) The vacancy on the ballot resulting from the disqualification may be filled as
120 provided in Section 20A-1-501.
121 (ii) If a state office candidate is disqualified under Subsection (1)(a), the election
122 official shall:
123 (A) remove the candidate's name from the ballot; or
124 (B) if removing the candidate's name from the ballot is not practicable, inform the
125 voters by any practicable method that the candidate has been disqualified and that votes cast for
126 the candidate will not be counted.
127 (iii) An election official may fulfill the requirement described in Subsection
128 (1)(c)(ii)(B) in relation to an absentee voter, including a military or overseas absentee voter, by
129 including with the absentee ballot a written notice directing the voter to a public website that
130 will inform the voter whether a candidate on the ballot is disqualified.
131 (d) Notwithstanding Subsections (1)(b) and (1)(c), a state office candidate is not
132 disqualified if:
133 (i) the candidate timely files the reports required by this section no later than the due
134 date in accordance with Section 20A-11-103;
135 (ii) the reports are completed, detailing accurately and completely the information
136 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
137 and
138 (iii) the omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
139 corrected in:
140 (A) an amended report; or
141 (B) the next scheduled report.
142 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
143 governor shall review each filed summary report to ensure that:
144 (i) each state office candidate that is required to file a summary report has filed one;
145 and
146 (ii) each summary report contains the information required by this part.
147 (b) If it appears that any state office candidate has failed to file the summary report
148 required by law, if it appears that a filed summary report does not conform to the law, or if the
149 lieutenant governor has received a written complaint alleging a violation of the law or the
150 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
151 violation or receipt of a written complaint, notify the state office candidate of the violation or
152 written complaint and direct the state office candidate to file a summary report correcting the
153 problem.
154 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
155 report within seven days after receiving notice from the lieutenant governor under this section.
156 (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
157 misdemeanor.
158 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
159 attorney general.
160 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
161 governor shall impose a civil fine of $100 against a state office candidate who violates
162 Subsection (2)(c)(i).
163 Section 3. Section 20A-11-303 is amended to read:
164 20A-11-303. Legislative office candidate and legislative office holder -- Financial
165 reporting requirements -- Interim reports.
166 (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
167 account required under Subsection 20A-11-301(1)(a)(i).
168 (b) Except as provided in Subsection (1)(d), each legislative office candidate shall file
169 an interim report at the following times in any year in which the candidate has filed a
170 declaration of candidacy for a public office:
171 (i) seven days before the candidate's political convention;
172 (ii) seven days before the regular primary election date;
173 (iii) [
174 (iv) seven days before the regular general election date.
175 (c) Each legislative office holder who has a campaign account that has not been
176 dissolved under Section 20A-11-304 shall, in an even year, file an interim report at the
177 following times, regardless of whether an election for the legislative office holder's office is
178 held that year:
179 (i) seven days before the political convention for the political party of the legislative
180 office holder;
181 (ii) seven days before the regular primary election date for that year;
182 (iii) [
183 (iv) seven days before the regular general election date.
184 (d) If a legislative office candidate is a legislative office candidate seeking appointment
185 for a midterm vacancy, the legislative office candidate:
186 (i) shall file an interim report:
187 (A) no later than seven days before the day on which the political party of the party for
188 which the legislative office candidate seeks nomination meets to declare a nominee for the
189 governor to appoint in accordance with Section 20A-1-503; or
190 (B) if a legislative office candidate decides to seek the appointment with less than
191 seven days before the party meets, or the political party schedules the meeting to declare a
192 nominee less than seven days before the day of the meeting, no later than 5 p.m. on the last day
193 of business before the day on which the party meets; and
194 (ii) is not required to file an interim report at the times described in Subsection (1)(b).
195 (2) Each interim report shall include the following information:
196 (a) the net balance of the last summary report, if any;
197 (b) a single figure equal to the total amount of receipts reported on all prior interim
198 reports, if any, during the calendar year in which the interim report is due;
199 (c) a single figure equal to the total amount of expenditures reported on all prior
200 interim reports, if any, filed during the calendar year in which the interim report is due;
201 (d) a detailed listing of each contribution and public service assistance received since
202 the last summary report that has not been reported in detail on a prior interim report;
203 (e) for each nonmonetary contribution:
204 (i) the fair market value of the contribution with that information provided by the
205 contributor; and
206 (ii) a specific description of the contribution;
207 (f) a detailed listing of each expenditure made since the last summary report that has
208 not been reported in detail on a prior interim report;
209 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
210 (h) a net balance for the year consisting of the net balance from the last summary
211 report, if any, plus all receipts since the last summary report minus all expenditures since the
212 last summary report;
213 (i) a summary page in the form required by the lieutenant governor that identifies:
214 (i) beginning balance;
215 (ii) total contributions during the period since the last statement;
216 (iii) total contributions to date;
217 (iv) total expenditures during the period since the last statement; and
218 (v) total expenditures to date; and
219 (j) the name of a political action committee for which the legislative office candidate or
220 legislative office holder is designated as an officer who has primary decision-making authority
221 under Section 20A-11-601.
222 (3) (a) For all individual contributions or public service assistance of $50 or less, a
223 single aggregate figure may be reported without separate detailed listings.
224 (b) Two or more contributions from the same source that have an aggregate total of
225 more than $50 may not be reported in the aggregate, but shall be reported separately.
226 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
227 as of five days before the required filing date of the report.
228 (b) Any negotiable instrument or check received by a legislative office candidate or
229 legislative office holder more than five days before the required filing date of a report required
230 by this section shall be included in the interim report.
231 Section 4. Section 20A-11-305 is amended to read:
232 20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
233 (1) (a) A legislative office candidate who fails to file a financial statement by the
234 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
235 (b) If a legislative office candidate fails to file an interim report [
236
237 20A-11-303(1)(b)(ii) through (iv), the lieutenant governor shall, after making a reasonable
238 attempt to discover if the report was timely filed, inform the county clerk and other appropriate
239 election officials that the legislative office candidate is disqualified.
240 (c) (i) The vacancy on the ballot resulting from the disqualification may be filled as
241 provided in Section 20A-1-501.
242 (ii) If a legislative office candidate is disqualified under Subsection (1)(a), the election
243 officer shall:
244 (A) remove the candidate's name from the ballot; or
245 (B) if removing the candidate's name from the ballot is not practicable, inform the
246 voters by any practicable method that the candidate has been disqualified and that votes cast for
247 the candidate will not be counted.
248 (d) Notwithstanding Subsections (1)(b) and (1)(c), a legislative office candidate is not
249 disqualified if:
250 (i) the candidate timely files the reports required by this section no later than the due
251 date in accordance with Section 20A-11-103;
252 (ii) the reports are completed, detailing accurately and completely the information
253 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
254 and
255 (iii) the omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
256 corrected in:
257 (A) an amended report; or
258 (B) the next scheduled report.
259 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
260 governor shall review each filed summary report to ensure that:
261 (i) each legislative office candidate that is required to file a summary report has filed
262 one; and
263 (ii) each summary report contains the information required by this part.
264 (b) If it appears that any legislative office candidate has failed to file the summary
265 report required by law, if it appears that a filed summary report does not conform to the law, or
266 if the lieutenant governor has received a written complaint alleging a violation of the law or the
267 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
268 violation or receipt of a written complaint, notify the legislative office candidate of the
269 violation or written complaint and direct the legislative office candidate to file a summary
270 report correcting the problem.
271 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
272 summary report within seven days after receiving notice from the lieutenant governor under
273 this section.
274 (ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
275 class B misdemeanor.
276 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
277 attorney general.
278 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
279 governor shall impose a civil fine of $100 against a legislative office candidate who violates
280 Subsection (2)(c)(i).
281 Section 5. Section 20A-11-507 is amended to read:
282 20A-11-507. Political party financial reporting requirements -- Interim reports.
283 (1) The party committee of each registered political party shall file an interim report at
284 the following times in any year in which there is a regular general election:
285 (a) seven days before the registered political party's political convention;
286 (b) seven days before the regular primary election date;
287 (c) [
288 (d) seven days before the general election date.
289 (2) Each interim report shall include the following information:
290 (a) the net balance of the last financial statement, if any;
291 (b) a single figure equal to the total amount of receipts reported on all prior interim
292 reports, if any, during the calendar year in which the interim report is due;
293 (c) a single figure equal to the total amount of expenditures reported on all prior
294 interim reports, if any, filed during the calendar year in which the interim report is due;
295 (d) a detailed listing of each contribution and public service assistance received since
296 the last summary report that has not been reported in detail on a prior interim report;
297 (e) for each nonmonetary contribution, the fair market value of the contribution;
298 (f) a detailed listing of each expenditure made since the last summary report that has
299 not been reported in detail on a prior interim report;
300 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
301 (h) a net balance for the year consisting of the net balance from the last summary
302 report, if any, plus all receipts since the last summary report minus all expenditures since the
303 last summary report; and
304 (i) a summary page in the form required by the lieutenant governor that identifies:
305 (i) beginning balance;
306 (ii) total contributions during the period since the last statement;
307 (iii) total contributions to date;
308 (iv) total expenditures during the period since the last statement; and
309 (v) total expenditures to date.
310 (3) (a) For all individual contributions or public service assistance of $50 or less, a
311 single aggregate figure may be reported without separate detailed listings.
312 (b) Two or more contributions from the same source that have an aggregate total of
313 more than $50 may not be reported in the aggregate, but shall be reported separately.
314 (4) In preparing each interim report, all receipts and expenditures shall be reported as
315 of five days before the required filing date of the report.
316 Section 6. Section 20A-11-508 is amended to read:
317 20A-11-508. Political party reporting requirements -- Criminal penalties -- Fines.
318 (1) (a) Each registered political party that fails to file a financial statement by the
319 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
320 (b) Each registered political party that fails to file [
321
322 described in Subsections 20A-11-507(1)(b) through (d) is guilty of a class B misdemeanor.
323 (c) The lieutenant governor shall report all violations of Subsection (1)(b) to the
324 attorney general.
325 (2) Within 30 days after a deadline for the filing of a summary report required by this
326 part, the lieutenant governor shall review each filed report to ensure that:
327 (a) each political party that is required to file a report has filed one; and
328 (b) each report contains the information required by this part.
329 (3) If it appears that any political party has failed to file a report required by law, if it
330 appears that a filed report does not conform to the law, or if the lieutenant governor has
331 received a written complaint alleging a violation of the law or the falsity of any report, the
332 lieutenant governor shall, within five days of discovery of a violation or receipt of a written
333 complaint, notify the political party of the violation or written complaint and direct the political
334 party to file a summary report correcting the problem.
335 (4) (a) It is unlawful for any political party to fail to file or amend a summary report
336 within seven days after receiving notice from the lieutenant governor under this section.
337 (b) Each political party who violates Subsection (4)(a) is guilty of a class B
338 misdemeanor.
339 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
340 attorney general.
341 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
342 governor shall impose a civil fine of $1,000 against a political party that violates Subsection
343 (4)(a).
344 Section 7. Section 20A-11-511 is amended to read:
345 20A-11-511. County political party financial reporting requirements -- Interim
346 reports.
347 (1) (a) A county political party officer of a county political party that has received
348 contributions totaling at least $750, or disbursed expenditures totaling at least $50, during a
349 calendar year shall file an interim report at the following times in any year in which there is a
350 regular general election:
351 (i) seven days before the county political party's convention;
352 (ii) seven days before the regular primary election date;
353 (iii) [
354 (iv) seven days before the general election date.
355 (b) A county political party officer need not file an interim report if it received no
356 contributions or made no expenditures during the reporting period.
357 (2) Each interim report shall include the following information:
358 (a) the net balance of the last financial statement, if any;
359 (b) a single figure equal to the total amount of receipts reported on all prior interim
360 reports, if any, during the calendar year in which the interim report is due;
361 (c) a single figure equal to the total amount of expenditures reported on all prior
362 interim reports, if any, filed during the calendar year in which the interim report is due;
363 (d) a detailed listing of each contribution and public service assistance received since
364 the last summary report that has not been reported in detail on a prior interim report;
365 (e) for each nonmonetary contribution, the fair market value of the contribution;
366 (f) a detailed listing of each expenditure made since the last summary report that has
367 not been reported in detail on a prior interim report;
368 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
369 (h) a net balance for the year consisting of the net balance from the last summary
370 report, if any, plus all receipts since the last summary report minus all expenditures since the
371 last summary report; and
372 (i) a summary page in the form required by the lieutenant governor that identifies:
373 (i) beginning balance;
374 (ii) total contributions during the period since the last statement;
375 (iii) total contributions to date;
376 (iv) total expenditures during the period since the last statement; and
377 (v) total expenditures to date.
378 (3) (a) For all individual contributions or public service assistance of $50 or less, a
379 single aggregate figure may be reported without separate detailed listings.
380 (b) Two or more contributions from the same source that have an aggregate total of
381 more than $50 may not be reported in the aggregate, but shall be reported separately.
382 (4) In preparing each interim report, all receipts and expenditures shall be reported as
383 of five days before the required filing date of the report.
384 Section 8. Section 20A-11-512 is amended to read:
385 20A-11-512. County political party -- Criminal penalties -- Fines.
386 (1) (a) A county political party that fails to file an interim report that is due seven days
387 before the county political party's convention is subject to a fine imposed in accordance with
388 Section 20A-11-1005.
389 (b) A county political party that fails to file [
390
391 described in Subsections 20A-11-511(1)(a)(ii) through (iv) is subject to a fine of $1,000, which
392 the chief election officer shall deposit in the General Fund.
393 (2) Within 30 days after a deadline for the filing of the January 10 statement required
394 by Section 20A-11-510, the lieutenant governor shall review each filed statement to ensure
395 that:
396 (a) a county political party officer who is required to file a statement has filed one; and
397 (b) each statement contains the information required by Section 20A-11-510.
398 (3) If it appears that any county political party officer has failed to file a financial
399 statement, if it appears that a filed financial statement does not conform to the law, or if the
400 lieutenant governor has received a written complaint alleging a violation of the law or the
401 falsity of any financial statement, the lieutenant governor shall, within five days of discovery of
402 a violation or receipt of a written complaint, notify the county political party officer of the
403 violation or written complaint and direct the county political party officer to file a financial
404 statement correcting the problem.
405 (4) A county political party that fails to file or amend a financial statement within
406 seven days after receiving notice from the lieutenant governor under this section is subject to a
407 fine of $1,000, which the chief election officer shall deposit in the General Fund.
408 Section 9. Section 20A-11-602 is amended to read:
409 20A-11-602. Political action committees -- Financial reporting.
410 (1) (a) Each registered political action committee that has received contributions
411 totaling at least $750, or disbursed expenditures totaling at least $50, during a calendar year
412 shall file a verified financial statement with the lieutenant governor's office:
413 (i) on January 10, reporting contributions and expenditures as of December 31 of the
414 previous year;
415 (ii) seven days before the state political convention of each major political party;
416 (iii) seven days before the regular primary election date;
417 (iv) on [
418 (v) seven days before:
419 (A) the municipal general election; and
420 (B) the regular general election date.
421 (b) The registered political action committee shall report:
422 (i) a detailed listing of all contributions received and expenditures made since the last
423 statement; and
424 (ii) for [
425 (1)(a)(ii) through (iv), all contributions and expenditures as of five days before the required
426 filing date of the financial statement.
427 (c) The registered political action committee need not file a statement under this
428 section if it received no contributions and made no expenditures during the reporting period.
429 (2) (a) The verified financial statement shall include:
430 (i) the name and address of any individual that makes a contribution to the reporting
431 political action committee, and the amount of the contribution;
432 (ii) the identification of any publicly identified class of individuals that makes a
433 contribution to the reporting political action committee, and the amount of the contribution;
434 (iii) the name and address of any political action committee, group, or entity that makes
435 a contribution to the reporting political action committee, and the amount of the contribution;
436 (iv) for each nonmonetary contribution, the fair market value of the contribution;
437 (v) the name and address of each reporting entity that received an expenditure from the
438 reporting political action committee, and the amount of each expenditure;
439 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
440 (vii) the total amount of contributions received and expenditures disbursed by the
441 reporting political action committee;
442 (viii) a statement by the political action committee's treasurer or chief financial officer
443 certifying that, to the best of the person's knowledge, the financial report is accurate; and
444 (ix) a summary page in the form required by the lieutenant governor that identifies:
445 (A) beginning balance;
446 (B) total contributions during the period since the last statement;
447 (C) total contributions to date;
448 (D) total expenditures during the period since the last statement; and
449 (E) total expenditures to date.
450 (b) (i) Contributions received by a political action committee that have a value of $50
451 or less need not be reported individually, but shall be listed on the report as an aggregate total.
452 (ii) Two or more contributions from the same source that have an aggregate total of
453 more than $50 may not be reported in the aggregate, but shall be reported separately.
454 (3) A group or entity may not divide or separate into units, sections, or smaller groups
455 for the purpose of avoiding the financial reporting requirements of this chapter, and substance
456 shall prevail over form in determining the scope or size of a political action committee.
457 (4) (a) As used in this Subsection (4), "received" means:
458 (i) for a cash contribution, that the cash is given to a political action committee;
459 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
460 instrument or check is negotiated; and
461 (iii) for any other type of contribution, that any portion of the contribution's benefit
462 inures to the political action committee.
463 (b) A political action committee shall report each contribution to the lieutenant
464 governor within 30 days after the contribution is received.
465 Section 10. Section 20A-11-603 is amended to read:
466 20A-11-603. Criminal penalties -- Fines.
467 (1) (a) Each political action committee that fails to file a financial statement by the
468 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
469 (b) Each political action committee that fails to file [
470
471
472 is guilty of a class B misdemeanor.
473 (c) The lieutenant governor shall report all violations of Subsection (1)(b) to the
474 attorney general.
475 (2) Within 30 days after a deadline for the filing of the January 10 statement required
476 by this part, the lieutenant governor shall review each filed statement to ensure that:
477 (a) each political action committee that is required to file a statement has filed one; and
478 (b) each statement contains the information required by this part.
479 (3) If it appears that any political action committee has failed to file the January 10
480 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
481 governor has received a written complaint alleging a violation of the law or the falsity of any
482 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
483 of a written complaint, notify the political action committee of the violation or written
484 complaint and direct the political action committee to file a statement correcting the problem.
485 (4) (a) It is unlawful for any political action committee to fail to file or amend a
486 statement within seven days after receiving notice from the lieutenant governor under this
487 section.
488 (b) Each political action committee that violates Subsection (4)(a) is guilty of a class B
489 misdemeanor.
490 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
491 attorney general.
492 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
493 governor shall impose a civil fine of $1,000 against a political action committee that violates
494 Subsection (4)(a).
495 Section 11. Section 20A-11-701 is amended to read:
496 20A-11-701. Campaign financial reporting by corporations -- Filing requirements
497 -- Statement contents -- Donor reporting and notification required.
498 (1) (a) Each corporation that has made expenditures for political purposes that total at
499 least $750 during a calendar year shall file a verified financial statement with the lieutenant
500 governor's office:
501 (i) on January 10, reporting expenditures as of December 31 of the previous year;
502 (ii) seven days before the state political convention for each major political party;
503 (iii) seven days before the regular primary election date;
504 (iv) on [
505 (v) seven days before the regular general election date.
506 (b) The corporation shall report:
507 (i) a detailed listing of all expenditures made since the last financial statement;
508 (ii) for [
509 (1)(a)(ii) through (v), all expenditures as of five days before the required filing date of the
510 financial statement; and
511 (iii) whether the corporation, including an officer of the corporation, director of the
512 corporation, or person with at least 10% ownership in the corporation:
513 (A) has bid since the last financial statement on a contract, as defined in Section
514 63G-6a-103, in excess of $100,000;
515 (B) is currently bidding on a contract, as defined in Section 63G-6a-103, in excess of
516 $100,000; or
517 (C) is a party to a contract, as defined in Section 63G-6a-103, in excess of $100,000.
518 (c) The corporation need not file a financial statement under this section if the
519 corporation made no expenditures during the reporting period.
520 (2) The financial statement shall include:
521 (a) the name and address of each reporting entity that received an expenditure from the
522 corporation, and the amount of each expenditure;
523 (b) the total amount of expenditures disbursed by the corporation:
524 (i) since the last financial statement; and
525 (ii) during the calendar year;
526 (c) (i) a statement that the corporation did not receive any money from any donor
527 during the calendar year or the previous calendar year that the corporation has not reported in a
528 previous financial statement; or
529 (ii) a report, described in Subsection (3), of the money received from donors during the
530 calendar year or the previous calendar year that the corporation has not reported in a previous
531 financial statement; and
532 (d) a statement by the corporation's treasurer or chief financial officer certifying the
533 accuracy of the financial statement.
534 (3) (a) The report required by Subsection (2)(c)(ii) shall include:
535 (i) the name and address of each donor;
536 (ii) the amount of the money received by the corporation from each donor; and
537 (iii) the date on which the corporation received the money.
538 (b) A corporation shall report money received from donors in the following order:
539 (i) first, beginning with the least recent date on which the corporation received money
540 that the corporation has not reported in a previous financial statement, the money received from
541 a donor that:
542 (A) requests that the corporation use the money to make an expenditure;
543 (B) gives the money to the corporation in response to a solicitation indicating the
544 corporation's intent to make an expenditure; or
545 (C) knows that the corporation may use the money to make an expenditure; and
546 (ii) second, divide the difference between the total amount of expenditures made since
547 the last financial statement and the total amount of money reported under Subsection (3)(b)(i)
548 on a proration basis between all donors that:
549 (A) are not described in Subsection (3)(b)(i);
550 (B) gave at least $50 during the calendar year or previous calendar year; and
551 (C) have not been reported in a previous financial statement.
552 (c) If the amount reported under Subsection (3)(b) is less than the total amount of
553 expenditures made since the last financial statement, the financial statement shall contain a
554 statement that the corporation has reported all donors that gave money, and all money received
555 by donors, during the calendar year or previous calendar year that the corporation has not
556 reported in a previous financial statement.
557 (d) The corporation shall indicate on the financial statement that the amount attributed
558 to each donor under Subsection (3)(b)(ii) is only an estimate.
559 (e) (i) For all individual donations of $50 or less, the corporation may report a single
560 aggregate figure without separate detailed listings.
561 (ii) The corporation:
562 (A) may not report in the aggregate two or more donations from the same source that
563 have an aggregate total of more than $50; and
564 (B) shall separately report donations described in Subsection (3)(e)(ii)(A).
565 (4) If a corporation makes expenditures that total at least $750 during a calendar year,
566 the corporation shall notify a person giving money to the corporation that:
567 (a) the corporation may use the money to make an expenditure; and
568 (b) the person's name and address may be disclosed on the corporation's financial
569 statement.
570 Section 12. Section 20A-11-702 is amended to read:
571 20A-11-702. Campaign financial reporting of political issues expenditures by
572 corporations -- Financial reporting -- Donor reporting and notification required.
573 (1) (a) Each corporation that has made political issues expenditures on current or
574 proposed ballot issues that total at least $750 during a calendar year shall file a verified
575 financial statement with the lieutenant governor's office:
576 (i) on January 10, reporting expenditures as of December 31 of the previous year;
577 (ii) seven days before the state political convention of each major political party;
578 (iii) seven days before the regular primary election date;
579 (iv) on [
580 (v) seven days before the regular general election date.
581 (b) The corporation shall report:
582 (i) a detailed listing of all expenditures made since the last financial statement; and
583 (ii) for [
584 (1)(a)(ii) through (v), expenditures as of five days before the required filing date of the
585 financial statement.
586 (c) The corporation need not file a statement under this section if it made no
587 expenditures during the reporting period.
588 (2) That statement shall include:
589 (a) the name and address of each individual, entity, or group of individuals or entities
590 that received a political issues expenditure of more than $50 from the corporation, and the
591 amount of each political issues expenditure;
592 (b) the total amount of political issues expenditures disbursed by the corporation:
593 (i) since the last financial statement; and
594 (ii) during the calendar year;
595 (c) (i) a statement that the corporation did not receive any money from any donor
596 during the calendar year or the previous calendar year that the corporation has not reported in a
597 previous financial statement; or
598 (ii) a report, described in Subsection (3), of the money received from donors during the
599 calendar year or the previous calendar year that the corporation has not reported in a previous
600 financial statement; and
601 (d) a statement by the corporation's treasurer or chief financial officer certifying the
602 accuracy of the verified financial statement.
603 (3) (a) The report required by Subsection (2)(c)(ii) shall include:
604 (i) the name and address of each donor;
605 (ii) the amount of the money received by the corporation from each donor; and
606 (iii) the date on which the corporation received the money.
607 (b) A corporation shall report money received from donors in the following order:
608 (i) first, beginning with the least recent date on which the corporation received money
609 that has not been reported in a previous financial statement, the money received from a donor
610 that:
611 (A) requests that the corporation use the money to make a political issues expenditure;
612 (B) gives the money to the corporation in response to a solicitation indicating the
613 corporation's intent to make a political issues expenditure; or
614 (C) knows that the corporation may use the money to make a political issues
615 expenditure; and
616 (ii) second, divide the difference between the total amount of political issues
617 expenditures made since the last financial statement and the total amount of money reported
618 under Subsection (3)(b)(i) on a proration basis between all donors that:
619 (A) are not described in Subsection (3)(b)(i);
620 (B) gave at least $50 during the calendar year or previous calendar year; and
621 (C) have not been reported in a previous financial statement.
622 (c) If the amount reported under Subsection (3)(b) is less than the total amount of
623 political issues expenditures made since the last financial statement, the financial statement
624 shall contain a statement that the corporation has reported all donors that gave money, and all
625 money received by donors, during the calendar year or previous calendar year that the
626 corporation has not reported in a previous financial statement.
627 (d) The corporation shall indicate on the financial statement that the amount attributed
628 to each donor under Subsection (3)(b)(ii) is only an estimate.
629 (e) (i) For all individual donations of $50 or less, the corporation may report a single
630 aggregate figure without separate detailed listings.
631 (ii) The corporation:
632 (A) may not report in the aggregate two or more donations from the same source that
633 have an aggregate total of more than $50; and
634 (B) shall separately report donations described in Subsection (3)(e)(ii)(A).
635 (4) If a corporation makes political issues expenditures that total at least $750 during a
636 calendar year, the corporation shall notify a person giving money to the corporation that:
637 (a) the corporation may use the money to make a political issues expenditure; and
638 (b) the person's name and address may be disclosed on the corporation's financial
639 statement.
640 Section 13. Section 20A-11-802 is amended to read:
641 20A-11-802. Political issues committees -- Financial reporting.
642 (1) (a) Each registered political issues committee that has received political issues
643 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
644 $50, during a calendar year, shall file a verified financial statement with the lieutenant
645 governor's office:
646 (i) on January 10, reporting contributions and expenditures as of December 31 of the
647 previous year;
648 (ii) seven days before the state political convention of each major political party;
649 (iii) seven days before the regular primary election date;
650 (iv) seven days before the date of an incorporation election, if the political issues
651 committee has received donations or made disbursements to affect an incorporation;
652 (v) at least three days before the first public hearing held as required by Section
653 20A-7-204.1;
654 (vi) if the political issues committee has received or expended funds in relation to an
655 initiative or referendum, at the time the initiative or referendum sponsors submit:
656 (A) the verified and certified initiative packets as required by Section 20A-7-206; or
657 (B) the signed and verified referendum packets as required by Section 20A-7-306;
658 (vii) on [
659 (viii) seven days before:
660 (A) the municipal general election; and
661 (B) the regular general election.
662 (b) The political issues committee shall report:
663 (i) a detailed listing of all contributions received and expenditures made since the last
664 statement; and
665 (ii) all contributions and expenditures as of five days before the required filing date of
666 the financial statement, except for a financial statement filed on January 10.
667 (c) The political issues committee need not file a statement under this section if it
668 received no contributions and made no expenditures during the reporting period.
669 (2) (a) That statement shall include:
670 (i) the name and address of any individual that makes a political issues contribution to
671 the reporting political issues committee, and the amount of the political issues contribution;
672 (ii) the identification of any publicly identified class of individuals that makes a
673 political issues contribution to the reporting political issues committee, and the amount of the
674 political issues contribution;
675 (iii) the name and address of any political issues committee, group, or entity that makes
676 a political issues contribution to the reporting political issues committee, and the amount of the
677 political issues contribution;
678 (iv) the name and address of each reporting entity that makes a political issues
679 contribution to the reporting political issues committee, and the amount of the political issues
680 contribution;
681 (v) for each nonmonetary contribution, the fair market value of the contribution;
682 (vi) except as provided in Subsection (2)(c), the name and address of each individual,
683 entity, or group of individuals or entities that received a political issues expenditure of more
684 than $50 from the reporting political issues committee, and the amount of each political issues
685 expenditure;
686 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
687 (viii) the total amount of political issues contributions received and political issues
688 expenditures disbursed by the reporting political issues committee;
689 (ix) a statement by the political issues committee's treasurer or chief financial officer
690 certifying that, to the best of the person's knowledge, the financial statement is accurate; and
691 (x) a summary page in the form required by the lieutenant governor that identifies:
692 (A) beginning balance;
693 (B) total contributions during the period since the last statement;
694 (C) total contributions to date;
695 (D) total expenditures during the period since the last statement; and
696 (E) total expenditures to date.
697 (b) (i) Political issues contributions received by a political issues committee that have a
698 value of $50 or less need not be reported individually, but shall be listed on the report as an
699 aggregate total.
700 (ii) Two or more political issues contributions from the same source that have an
701 aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
702 separately.
703 (c) When reporting political issue expenditures made to circulators of initiative
704 petitions, the political issues committee:
705 (i) need only report the amount paid to each initiative petition circulator; and
706 (ii) need not report the name or address of the circulator.
707 (3) (a) As used in this Subsection (3), "received" means:
708 (i) for a cash contribution, that the cash is given to a political issues committee;
709 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
710 instrument or check is negotiated; and
711 (iii) for any other type of contribution, that any portion of the contribution's benefit
712 inures to the political issues committee.
713 (b) A political issues committee shall report each contribution to the lieutenant
714 governor within 30 days after the contribution is received.
715 Section 14. Section 20A-11-803 is amended to read:
716 20A-11-803. Criminal penalties.
717 (1) (a) Each political issues committee that fails to file [
718
719 described in Subsection 20A-11-802(1)(a)(vii) or (viii) is guilty of a class B misdemeanor.
720 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
721 attorney general.
722 (2) Within 30 days after a deadline for the filing of the January 10 statement, the
723 lieutenant governor shall review each filed statement to ensure that:
724 (a) each political issues committee that is required to file a statement has filed one; and
725 (b) each statement contains the information required by this part.
726 (3) If it appears that any political issues committee has failed to file the January 10
727 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
728 governor has received a written complaint alleging a violation of the law or the falsity of any
729 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
730 of a written complaint, notify the political issues committee of the violation or written
731 complaint and direct the political issues committee to file a statement correcting the problem.
732 (4) (a) It is unlawful for any political issues committee to fail to file or amend a
733 statement within seven days after receiving notice from the lieutenant governor under this
734 section.
735 (b) Each political issues committee who violates Subsection (4)(a) is guilty of a class B
736 misdemeanor.
737 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
738 attorney general.
739 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
740 governor shall impose a civil fine of $1,000 against a political issues committee that violates
741 Subsection (4)(a).
742 Section 15. Section 20A-11-1303 is amended to read:
743 20A-11-1303. School board office candidate and school board office holder --
744 Financial reporting requirements -- Interim reports.
745 (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
746 account required under Subsection 20A-11-1301(1)(a)(i).
747 (b) Each school board office candidate shall file an interim report at the following
748 times in any year in which the candidate has filed a declaration of candidacy for a public office:
749 (i) May 15;
750 (ii) seven days before the regular primary election date;
751 (iii) [
752 (iv) seven days before the regular general election date.
753 (c) Each school board office holder who has a campaign account that has not been
754 dissolved under Section 20A-11-1304 shall, in an even year, file an interim report at the
755 following times, regardless of whether an election for the school board office holder's office is
756 held that year:
757 (i) May 15;
758 (ii) seven days before the regular primary election date for that year;
759 (iii) [
760 (iv) seven days before the regular general election date.
761 (2) Each interim report shall include the following information:
762 (a) the net balance of the last summary report, if any;
763 (b) a single figure equal to the total amount of receipts reported on all prior interim
764 reports, if any, during the calendar year in which the interim report is due;
765 (c) a single figure equal to the total amount of expenditures reported on all prior
766 interim reports, if any, filed during the calendar year in which the interim report is due;
767 (d) a detailed listing of each contribution and public service assistance received since
768 the last summary report that has not been reported in detail on a prior interim report;
769 (e) for each nonmonetary contribution:
770 (i) the fair market value of the contribution with that information provided by the
771 contributor; and
772 (ii) a specific description of the contribution;
773 (f) a detailed listing of each expenditure made since the last summary report that has
774 not been reported in detail on a prior interim report;
775 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
776 (h) a net balance for the year consisting of the net balance from the last summary
777 report, if any, plus all receipts since the last summary report minus all expenditures since the
778 last summary report;
779 (i) a summary page in the form required by the lieutenant governor that identifies:
780 (i) beginning balance;
781 (ii) total contributions during the period since the last statement;
782 (iii) total contributions to date;
783 (iv) total expenditures during the period since the last statement; and
784 (v) total expenditures to date; and
785 (j) the name of a political action committee for which the school board office candidate
786 or school board office holder is designated as an officer who has primary decision-making
787 authority under Section 20A-11-601.
788 (3) (a) For all individual contributions or public service assistance of $50 or less, a
789 single aggregate figure may be reported without separate detailed listings.
790 (b) Two or more contributions from the same source that have an aggregate total of
791 more than $50 may not be reported in the aggregate, but shall be reported separately.
792 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
793 as of five days before the required filing date of the report.
794 (b) Any negotiable instrument or check received by a school board office candidate or
795 school board office holder more than five days before the required filing date of a report
796 required by this section shall be included in the interim report.
797 Section 16. Section 20A-11-1305 is amended to read:
798 20A-11-1305. School board office candidate -- Failure to file statement --
799 Penalties.
800 (1) (a) A school board office candidate who fails to file a financial statement by the
801 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
802 (b) If a school board office candidate fails to file an interim report [
803
804 Subsections 20A-11-1303(1)(b)(ii) through (iv), the chief election officer shall, after making a
805 reasonable attempt to discover if the report was timely filed, inform the county clerk and other
806 appropriate election officials who:
807 (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
808 the ballots are delivered to voters; or
809 (B) shall, if removing the candidate's name from the ballot is not practicable, inform
810 the voters by any practicable method that the candidate has been disqualified and that votes
811 cast for the candidate will not be counted; and
812 (ii) may not count any votes for that candidate.
813 (c) Any school board office candidate who fails to file timely a financial statement
814 required by Subsection 20A-11-1303(1)(b)(ii), (iii), or (iv) is disqualified.
815 (d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
816 not disqualified and the chief election officer may not impose a fine if:
817 (i) the candidate timely files the reports required by this section in accordance with
818 Section 20A-11-103;
819 (ii) those reports are completed, detailing accurately and completely the information
820 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
821 and
822 (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
823 corrected in:
824 (A) an amended report; or
825 (B) the next scheduled report.
826 (2) (a) Within 30 days after a deadline for the filing of a summary report by a school
827 board office candidate, the lieutenant governor shall review each filed summary report to
828 ensure that:
829 (i) each school board candidate that is required to file a summary report has filed one;
830 and
831 (ii) each summary report contains the information required by this part.
832 (b) If it appears that a school board candidate has failed to file the summary report
833 required by law, if it appears that a filed summary report does not conform to the law, or if the
834 lieutenant governor has received a written complaint alleging a violation of the law or the
835 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
836 violation or receipt of a written complaint, notify the school board candidate of the violation or
837 written complaint and direct the school board candidate to file a summary report correcting the
838 problem.
839 (c) (i) It is unlawful for a school board candidate to fail to file or amend a summary
840 report within seven days after receiving notice from the lieutenant governor under this section.
841 (ii) Each school board candidate who violates Subsection (2)(c)(i) is guilty of a class B
842 misdemeanor.
843 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
844 attorney general.
845 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
846 governor shall impose a civil fine of $100 against a school board candidate who violates
847 Subsection (2)(c)(i).
848 Section 17. Section 20A-11-1502 is amended to read:
849 20A-11-1502. Campaign financial reporting of contributions -- Filing
850 requirements -- Statement contents.
851 (1) (a) Each labor organization that has made expenditures for political purposes or
852 political issues expenditures on current or proposed ballot issues that total at least $750 during
853 a calendar year shall file a verified financial statement with the lieutenant governor's office:
854 (i) on January 10, reporting expenditures as of December 31 of the previous year;
855 (ii) seven days before the regular primary election date;
856 (iii) on [
857 (iv) seven days before the regular general election date.
858 (b) The labor organization shall report:
859 (i) a detailed listing of all expenditures made since the last statement; and
860 (ii) for [
861 (1)(a)(ii) through (iv), all expenditures as of five days before the required filing date of the
862 financial statement.
863 (c) The labor organization need not file a financial statement under this section if the
864 labor organization:
865 (i) made no expenditures during the reporting period; or
866 (ii) reports its expenditures during the reporting period under another part of this
867 chapter.
868 (2) The financial statement shall include:
869 (a) the name and address of each reporting entity that received an expenditure or
870 political issues expenditure of more than $50 from the labor organization, and the amount of
871 each expenditure or political issues expenditure;
872 (b) the total amount of expenditures disbursed by the labor organization; and
873 (c) a statement by the labor organization's treasurer or chief financial officer certifying
874 the accuracy of the financial statement.