Representative Craig Hall proposes the following substitute bill:


1     
MODIFICATIONS TO ELECTION LAW

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Todd Weiler

6     

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) [August 31] September 30; and
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) [August 31] September 30; and
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 [due before the regular
115     primary election, on August 31, or before the regular general election] described in Subsections
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) [August 31] September 30; and
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) [August 31] September 30; and
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 [due before the regular
236     primary election, on August 31, or before the regular general election] described in Subsections
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) [August 31] September 30; and
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 [the interim reports due before the
321     regular primary election, on August 31, or before the regular general election] an interim report
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) [August 31] September 30; and
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 [the interim report due before the regular
390     primary election, on August 31, or before the regular general election] an interim report
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 [August 31] September 30; and
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 [financial statements filed under] a financial statement described in Subsections
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 [the] a financial statement [due
470     before the regular primary election, on August 31, before the municipal general election, or
471     before the regular general election] described in Subsections 20A-11-602(1)(a)(iii) through (v)
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 [August 31] September 30; and
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 [financial statements filed under] a financial statement described in Subsections
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 [August 31] September 30; and
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 [financial statements under] a financial statement described in Subsections

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 [August 31] September 30; and
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 [the] a financial statement [due
718     August 31, before the municipal general election, or before the regular general election]
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) [August 31] September 30; and
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) [August 31] September 30; and
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 [due before the
803     regular primary election, on August 31, or before the regular general election] described in
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 [August 31] September 30; and
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 [financial statements filed under] a financial statement described in Subsections
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.