1     
REVISIONS TO ELECTIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel McCay

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to election law.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the requirements to be a qualified political party;
13          ▸     modifies the requirements for a registered political party to inform the lieutenant
14     governor in relation to the party's intent to participate in a primary election;
15          ▸     amends ballot requirements;
16          ▸     amends the penalty for failure to timely report receipt of a contribution or public
17     service assistance; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-1-501, as last amended by Laws of Utah 2014, Chapter 17
26          20A-5-101, as last amended by Laws of Utah 2014, Chapters 17 and 362
27          20A-6-301, as last amended by Laws of Utah 2014, Chapters 17 and 169

28          20A-6-302, as last amended by Laws of Utah 2014, Chapter 17
29          20A-6-303, as last amended by Laws of Utah 2014, Chapter 17
30          20A-6-304, as last amended by Laws of Utah 2014, Chapter 17
31          20A-9-101, as last amended by Laws of Utah 2014, Chapter 17
32          20A-9-403, as last amended by Laws of Utah 2014, Chapter 17
33          20A-9-405, as enacted by Laws of Utah 2014, Chapter 17
34          20A-9-406, as enacted by Laws of Utah 2014, Chapter 17
35          20A-9-701, as last amended by Laws of Utah 2014, Chapter 17
36          20A-11-201, as last amended by Laws of Utah 2014, Chapter 335
37          20A-11-301, as last amended by Laws of Utah 2014, Chapter 335
38          20A-11-1301, as last amended by Laws of Utah 2014, Chapters 335 and 337
39          20A-12-303, as last amended by Laws of Utah 2014, Chapter 335
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 20A-1-501 is amended to read:
43          20A-1-501. Candidate vacancies -- Procedure for filling.
44          (1) The state central committee of a political party, for candidates for United States
45     senator, United States representative, governor, lieutenant governor, attorney general, state
46     treasurer, and state auditor, and for legislative candidates whose legislative districts encompass
47     more than one county, and the county central committee of a political party, for all other party
48     candidates seeking an office elected at a regular general election, may certify the name of
49     another candidate to the appropriate election officer if:
50          (a) for a registered political party that will have a candidate on a ballot in a primary
51     election, after the close of the period for filing a declaration of candidacy and continuing
52     through the day before the day on which the lieutenant governor provides the list described in
53     Subsection 20A-9-403[(4)](8)(a):
54          (i) only one or two candidates from that party have filed a declaration of candidacy for
55     that office; and
56          (ii) one or both:
57          (A) dies;
58          (B) resigns because of acquiring a physical or mental disability, certified by a

59     physician, that prevents the candidate from continuing the candidacy; or
60          (C) is disqualified by an election officer for improper filing or nominating procedures;
61          (b) for a registered political party that does not have a candidate on the ballot in a
62     primary, but that will have a candidate on the ballot for a general election, after the close of the
63     period for filing a declaration of candidacy and continuing through the day before the day on
64     which the lieutenant governor makes the certification described in Section 20A-5-409, the
65     party's candidate:
66          (i) dies;
67          (ii) resigns because of acquiring a physical or mental disability as certified by a
68     physician;
69          (iii) is disqualified by an election officer for improper filing or nominating procedures;
70     or
71          (iv) resigns to become a candidate for president or vice president of the United States;
72     or
73          (c) for a registered political party with a candidate certified as winning a primary
74     election, after the deadline described in Subsection (1)(a) and continuing through the day
75     before that day on which the lieutenant governor makes the certification described in Section
76     20A-5-409, the party's candidate:
77          (i) dies;
78          (ii) resigns because of acquiring a physical or mental disability as certified by a
79     physician;
80          (iii) is disqualified by an election officer for improper filing or nominating procedures;
81     or
82          (iv) resigns to become a candidate for president or vice president of the United States.
83          (2) If no more than two candidates from a political party have filed a declaration of
84     candidacy for an office elected at a regular general election and one resigns to become the party
85     candidate for another position, the state central committee of that political party, for candidates
86     for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for
87     legislative candidates whose legislative districts encompass more than one county, and the
88     county central committee of that political party, for all other party candidates, may certify the
89     name of another candidate to the appropriate election officer.

90          (3) Each replacement candidate shall file a declaration of candidacy as required by
91     Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
92          (4) (a) The name of a candidate who is certified under Subsection (1)(a) after the
93     deadline described in Subsection (1)(a) may not appear on the primary election ballot.
94          (b) The name of a candidate who is certified under Subsection (1)(b) after the deadline
95     described in Subsection (1)(b) may not appear on the general election ballot.
96          (c) The name of a candidate who is certified under Subsection (1)(c) after the deadline
97     described in Subsection (1)(c) may not appear on the general election ballot.
98          Section 2. Section 20A-5-101 is amended to read:
99          20A-5-101. Notice of election.
100          (1) On or before November 15 in the year before each regular general election year, the
101     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
102          (a) designates the offices to be filled at the next year's regular general election;
103          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
104     certifying nomination petition signatures under [Section] Sections 20A-9-403, 20A-9-407, and
105     20A-9-408 for those offices;
106          (c) includes the master ballot position list for the next year and the year following as
107     established under Section 20A-6-305; and
108          (d) contains a description of any ballot propositions to be decided by the voters that
109     have qualified for the ballot as of that date.
110          (2) (a) No later than November 15 in the year before the regular general election year,
111     each county clerk shall:
112          (i) publish a notice:
113          (A) once in a newspaper published in that county; and
114          (B) as required in Section 45-1-101; or
115          (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
116     give notice of the election to the voters in each voting precinct within the county; and
117          (B) prepare an affidavit of that posting, showing a copy of the notice and the places
118     where the notice was posted.
119          (b) The notice required by Subsection (2)(a) shall:
120          (i) designate the offices to be voted on in that election; and

121          (ii) identify the dates for filing a declaration of candidacy for those offices.
122          (3) Before each election, the election officer shall give written or printed notice of:
123          (a) the date and place of election;
124          (b) the hours during which the polls will be open;
125          (c) the polling places for each voting precinct;
126          (d) an election day voting center designated under Section 20A-3-703; and
127          (e) the qualifications for persons to vote in the election.
128          (4) To provide the notice required by Subsection (3), the election officer shall publish
129     the notice at least two days before the election:
130          (a) in a newspaper of general circulation common to the area or in which the election is
131     being held; and
132          (b) as required in Section 45-1-101.
133          Section 3. Section 20A-6-301 is amended to read:
134          20A-6-301. Paper ballots -- Regular general election.
135          (1) Each election officer shall ensure that:
136          (a) all paper ballots furnished for use at the regular general election contain:
137          (i) no captions or other endorsements except as provided in this section;
138          (ii) no symbols, markings, or other descriptions of a political party or group, except for
139     a registered political party that has chosen to nominate its candidates in accordance with
140     Section 20A-9-403; and
141          (iii) no indication that a candidate for elective office has been nominated by, or has
142     been endorsed by, or is in any way affiliated with a political party or group, unless the
143     candidate has been nominated by a registered political party in accordance with Subsection
144     20A-9-202(4) or Subsection 20A-9-403[(5)](9).
145          (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
146     top of the ballot, and divided from the rest of ballot by a perforated line;
147          (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
148     stub; and
149          (iii) ballot stubs are numbered consecutively;
150          (c) immediately below the perforated ballot stub, the following endorsements are
151     printed in 18 point bold type:

152          (i) "Official Ballot for ____ County, Utah";
153          (ii) the date of the election; and
154          (iii) a facsimile of the signature of the county clerk and the words "county clerk";
155          (d) each ticket is placed in a separate column on the ballot in the order specified under
156     Section 20A-6-305 with the party emblem, followed by the party name, at the head of the
157     column;
158          (e) the party name or title is printed in capital letters not less than one-fourth of an inch
159     high;
160          (f) a circle one-half inch in diameter is printed immediately below the party name or
161     title, and the top of the circle is placed not less than two inches below the perforated line;
162          (g) unaffiliated candidates, candidates not affiliated with a registered political party,
163     and all other candidates for elective office who were not nominated by a registered political
164     party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403[(5)](9), are listed
165     in one column in the order specified under Section 20A-6-305, without a party circle, with the
166     following instructions printed at the head of the column: "All candidates not affiliated with a
167     political party are listed below. They are to be considered with all offices and candidates listed
168     to the left. Only one vote is allowed for each office.";
169          (h) the columns containing the lists of candidates, including the party name and device,
170     are separated by heavy parallel lines;
171          (i) the offices to be filled are plainly printed immediately above the names of the
172     candidates for those offices;
173          (j) the names of candidates are printed in capital letters, not less than one-eighth nor
174     more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
175     lines or rules three-eighths of an inch apart;
176          (k) a square with sides measuring not less than one-fourth of an inch in length is
177     printed immediately adjacent to the name of each candidate;
178          (l) for the offices of president and vice president and governor and lieutenant governor,
179     one square with sides measuring not less than one-fourth of an inch in length is printed on the
180     same side as but opposite a double bracket enclosing the names of the two candidates;
181          (m) in an election in which a voter is authorized to cast a write-in vote and where a
182     write-in candidate is qualified under Section 20A-9-601, immediately adjacent to the

183     unaffiliated ticket on the ballot, the ballot contains a write-in column long enough to contain as
184     many written names of candidates as there are persons to be elected with:
185          (i) for each office on the ballot, the office to be filled plainly printed immediately
186     above:
187          (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
188     square with sides measuring not less than one-fourth of an inch in length printed immediately
189     adjacent to the blank horizontal line; or
190          (B) for the offices of president and vice president and governor and lieutenant
191     governor, two blank horizontal lines, one placed above the other, to enable the entry of two
192     valid write-in candidates, and one square with sides measuring not less than one-fourth of an
193     inch in length printed on the same side as but opposite a double bracket enclosing the two
194     blank horizontal lines; and
195          (ii) the words "Write-In Voting Column" printed at the head of the column without a
196     one-half inch circle;
197          (n) when required, the ballot includes a nonpartisan ticket placed immediately adjacent
198     to the write-in ticket, or, if there is no write-in ticket, immediately adjacent to the unaffiliated
199     ticket, with the word "NONPARTISAN" in reverse type in an 18 point solid rule running
200     vertically the full length of the nonpartisan ballot copy; and
201          (o) constitutional amendments or other questions submitted to the vote of the people,
202     are printed on the ballot after the list of candidates.
203          (2) Each election officer shall ensure that:
204          (a) each person nominated by any registered political party under Subsection
205     20A-9-202(4) or Subsection 20A-9-403[(5)](9), and no other person, is placed on the ballot:
206          (i) under the registered political party's name and emblem, if any; or
207          (ii) under the title of the registered political party as designated by them in their
208     certificates of nomination or petition, or, if none is designated, then under some suitable title;
209          (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
210     Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
211          (c) the names of the candidates for president and vice president are used on the ballot
212     instead of the names of the presidential electors; and
213          (d) the ballots contain no other names.

214          (3) When the ballot contains a nonpartisan section, the election officer shall ensure
215     that:
216          (a) the designation of the office to be filled in the election and the number of
217     candidates to be elected are printed in type not smaller than eight point;
218          (b) the words designating the office are printed flush with the left-hand margin;
219          (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
220     which the voter may vote)" extend to the extreme right of the column;
221          (d) the nonpartisan candidates are grouped according to the office for which they are
222     candidates;
223          (e) the names in each group are placed in the order specified under Section 20A-6-305
224     with the surnames last; and
225          (f) each group is preceded by the designation of the office for which the candidates
226     seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
227     candidates for which the voter may vote)," according to the number to be elected.
228          (4) Each election officer shall ensure that:
229          (a) proposed amendments to the Utah Constitution are listed on the ballot in
230     accordance with Section 20A-6-107;
231          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
232     with Section 20A-6-107; and
233          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
234     title assigned to each bond proposition under Section 11-14-206.
235          Section 4. Section 20A-6-302 is amended to read:
236          20A-6-302. Paper ballots -- Placement of candidates' names.
237          (1) Each election officer shall ensure, for paper ballots in regular general elections,
238     that:
239          (a) each candidate is listed by party, if nominated by a registered political party under
240     Subsection 20A-9-202(4) or Subsection 20A-9-403[(5)](9);
241          (b) candidates' surnames are listed in alphabetical order on the ballots when two or
242     more candidates' names are required to be listed on a ticket under the title of an office; and
243          (c) the names of candidates are placed on the ballot in the order specified under Section
244     20A-6-305.

245          (2) (a) When there is only one candidate for county attorney at the regular general
246     election in counties that have three or fewer registered voters of the county who are licensed
247     active members in good standing of the Utah State Bar, the county clerk shall cause that
248     candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
249     with the following question: "Shall (name of candidate) be elected to the office of county
250     attorney? Yes ____ No ____."
251          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
252     elected to the office of county attorney.
253          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
254     elected and may not take office, nor may the candidate continue in the office past the end of the
255     term resulting from any prior election or appointment.
256          (d) When the name of only one candidate for county attorney is printed on the ballot
257     under authority of this Subsection (2), the county clerk may not count any write-in votes
258     received for the office of county attorney.
259          (e) If no qualified person files for the office of county attorney or if the candidate is not
260     elected by the voters, the county legislative body shall appoint the county attorney as provided
261     in Section 20A-1-509.2.
262          (f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
263     the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
264     two consecutive terms immediately preceding the term for which the candidate is seeking
265     election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
266     unopposed candidate the same as any other unopposed candidate for another office, unless a
267     petition is filed with the county clerk before the date of that year's primary election that:
268          (i) requests the procedure set forth in Subsection (2)(a) to be followed; and
269          (ii) contains the signatures of registered voters in the county representing in number at
270     least 25% of all votes cast in the county for all candidates for governor at the last election at
271     which a governor was elected.
272          (3) (a) When there is only one candidate for district attorney at the regular general
273     election in a prosecution district that has three or fewer registered voters of the district who are
274     licensed active members in good standing of the Utah State Bar, the county clerk shall cause
275     that candidate's name and party affiliation, if any, to be placed on a separate section of the

276     ballot with the following question: "Shall (name of candidate) be elected to the office of district
277     attorney? Yes ____ No ____."
278          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
279     elected to the office of district attorney.
280          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
281     elected and may not take office, nor may the candidate continue in the office past the end of the
282     term resulting from any prior election or appointment.
283          (d) When the name of only one candidate for district attorney is printed on the ballot
284     under authority of this Subsection (3), the county clerk may not count any write-in votes
285     received for the office of district attorney.
286          (e) If no qualified person files for the office of district attorney, or if the only candidate
287     is not elected by the voters under this subsection, the county legislative body shall appoint a
288     new district attorney for a four-year term as provided in Section 20A-1-509.2.
289          (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
290     the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
291     two consecutive terms immediately preceding the term for which the candidate is seeking
292     election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
293     unopposed candidate the same as any other unopposed candidate for another office, unless a
294     petition is filed with the county clerk before the date of that year's primary election that:
295          (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
296          (ii) contains the signatures of registered voters in the county representing in number at
297     least 25% of all votes cast in the county for all candidates for governor at the last election at
298     which a governor was elected.
299          Section 5. Section 20A-6-303 is amended to read:
300          20A-6-303. Regular general election -- Ballot sheets.
301          (1) Each election officer shall ensure that:
302          (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
303     approximately the same order as paper ballots;
304          (b) the titles of offices and the names of candidates are printed in vertical columns or in
305     a series of separate pages;
306          (c) the ballot sheet or any pages used for the ballot label are of sufficient number to

307     include, after the list of candidates:
308          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
309          (ii) any ballot propositions submitted to the voters for their approval or rejection;
310          (d) (i) a voting square or position is included where the voter may record a straight
311     party ticket vote for all the candidates of one party by one mark or punch; and
312          (ii) the name of each political party listed in the straight party selection area includes
313     the word "party" at the end of the party's name;
314          (e) the tickets are printed in the order specified under Section 20A-6-305;
315          (f) the office titles are printed immediately adjacent to the names of candidates so as to
316     indicate clearly the candidates for each office and the number to be elected;
317          (g) the party designation of each candidate who has been nominated by a registered
318     political party under Subsection 20A-9-202(4) or Subsection 20A-9-403[(5)](9) is printed
319     immediately adjacent to the candidate's name; and
320          (h) (i) if possible, all candidates for one office are grouped in one column or upon one
321     page;
322          (ii) if all candidates for one office cannot be listed in one column or grouped on one
323     page:
324          (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
325     candidates is continued on the following column or page; and
326          (B) approximately the same number of names shall be printed in each column or on
327     each page.
328          (2) Each election officer shall ensure that:
329          (a) proposed amendments to the Utah Constitution are listed in accordance with
330     Section 20A-6-107;
331          (b) ballot propositions submitted to the voters are listed in accordance with Section
332     20A-6-107; and
333          (c) bond propositions that have qualified for the ballot are listed under the title
334     assigned to each bond proposition under Section 11-14-206.
335          Section 6. Section 20A-6-304 is amended to read:
336          20A-6-304. Regular general election -- Electronic ballots.
337          (1) Each election officer shall ensure that:

338          (a) the format and content of the electronic ballot is arranged in approximately the
339     same order as paper ballots;
340          (b) the titles of offices and the names of candidates are displayed in vertical columns or
341     in a series of separate display screens;
342          (c) the electronic ballot is of sufficient length to include, after the list of candidates:
343          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
344          (ii) any ballot propositions submitted to the voters for their approval or rejection;
345          (d) (i) a voting square or position is included where the voter may record a straight
346     party ticket vote for all the candidates of one party by making a single selection; and
347          (ii) the name of each political party listed in the straight party selection area includes
348     the word "party" at the end of the party's name;
349          (e) the tickets are displayed in the order specified under Section 20A-6-305;
350          (f) the office titles are displayed above or at the side of the names of candidates so as to
351     indicate clearly the candidates for each office and the number to be elected;
352          (g) the party designation of each candidate who has been nominated by a registered
353     political party under Subsection 20A-9-202(4) or Subsection 20A-9-403[(5)](9) is displayed
354     adjacent to the candidate's name; and
355          (h) if possible, all candidates for one office are grouped in one column or upon one
356     display screen.
357          (2) Each election officer shall ensure that:
358          (a) proposed amendments to the Utah Constitution are displayed in accordance with
359     Section 20A-6-107;
360          (b) ballot propositions submitted to the voters are displayed in accordance with Section
361     20A-6-107; and
362          (c) bond propositions that have qualified for the ballot are displayed under the title
363     assigned to each bond proposition under Section 11-14-206.
364          Section 7. Section 20A-9-101 is amended to read:
365          20A-9-101. Definitions.
366          As used in this chapter:
367          (1) (a) "Candidates for elective office" means persons who file a declaration of
368     candidacy under Section 20A-9-202 to run in a regular general election for a federal office,

369     constitutional office, multicounty office, or county office.
370          (b) "Candidates for elective office" does not mean candidates for:
371          (i) justice or judge of court of record or not of record;
372          (ii) presidential elector;
373          (iii) any political party offices; and
374          (iv) municipal or local district offices.
375          (2) "Constitutional office" means the state offices of governor, lieutenant governor,
376     attorney general, state auditor, and state treasurer.
377          (3) "Continuing political party" is as defined in Section 20A-8-101.
378          (4) (a) "County office" means an elective office where the office holder is selected by
379     voters entirely within one county.
380          (b) "County office" does not mean:
381          (i) the office of justice or judge of any court of record or not of record;
382          (ii) the office of presidential elector;
383          (iii) any political party offices;
384          (iv) any municipal or local district offices; and
385          (v) the office of United States Senator and United States Representative.
386          (5) "Federal office" means an elective office for United States Senator and United
387     States Representative.
388          (6) "Filing officer" means:
389          (a) the lieutenant governor, for:
390          (i) the office of United States Senator and United States Representative; and
391          (ii) all constitutional offices;
392          (b) the county clerk, for county offices and local school district offices, and the county
393     clerk in the filer's county of residence, for multicounty offices;
394          (c) the city or town clerk, for municipal offices; and
395          (d) the local district clerk, for local district offices.
396          (7) "Local district office" means an elected office in a local district.
397          (8) "Local government office" includes county offices, municipal offices, and local
398     district offices and other elective offices selected by the voters from a political division entirely
399     within one county.

400          (9) (a) "Multicounty office" means an elective office where the office holder is selected
401     by the voters from more than one county.
402          (b) "Multicounty office" does not mean:
403          (i) a county office;
404          (ii) a federal office;
405          (iii) the office of justice or judge of any court of record or not of record;
406          (iv) the office of presidential elector;
407          (v) any political party offices; and
408          (vi) any municipal or local district offices.
409          (10) "Municipal office" means an elective office in a municipality.
410          (11) (a) "Political division" means a geographic unit from which an office holder is
411     elected and that an office holder represents.
412          (b) "Political division" includes a county, a city, a town, a local district, a school
413     district, a legislative district, and a county prosecution district.
414          (12) "Qualified political party" means [a registered political party that]:
415          [(a) permits voters who are unaffiliated with any political party to vote for the
416     registered political party's candidates in a primary election;]
417          (a) as it relates to an election held before January 1, 2017, a registered political party;
418     and
419          (b) as it relates to an election held on or after January 1, 2017, a registered political
420     party that:
421          [(b)] (i) (A) permits a delegate for the registered political party to vote on a candidate
422     nomination in the registered political party's convention remotely; or
423          [(ii)] (B) provides a procedure for designating an alternate delegate if a delegate is not
424     present at the registered political party's convention;
425          [(c)] (ii) does not hold the registered political party's convention before April 1 of an
426     even-numbered year;
427          [(d)] (iii) permits a member of the registered political party to seek the registered
428     political party's nomination for any elective office by the member choosing to seek the
429     nomination by either or both of the following methods:
430          [(i)] (A) seeking the nomination through the registered political party's convention

431     process, in accordance with the provisions of Section 20A-9-407; or
432          [(ii)] (B) seeking the nomination by collecting signatures, in accordance with the
433     provisions of Section 20A-9-408; and
434          [(e)] (iv) no later than 5 p.m. on September 30 of an odd-numbered year, certifies to
435     the lieutenant governor that, for the election in the following year, the registered political party
436     intends to nominate the registered political party's candidates in accordance with the provisions
437     of Sections 20A-9-407 and 20A-9-408.
438          Section 8. Section 20A-9-403 is amended to read:
439          20A-9-403. Regular primary elections.
440          (1) (a) Candidates for elective office that are to be filled at the next regular general
441     election shall be nominated in a regular primary election by direct vote of the people in the
442     manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
443     designated as regular primary election day. Nothing in this section shall affect a candidate's
444     ability to qualify for a regular general election's ballot as an unaffiliated candidate under
445     Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
446     Section 20A-9-601.
447          (b) Each registered political party that chooses to have the names of its candidates for
448     elective office featured with party affiliation on the ballot at a regular general election shall
449     comply with the requirements of this section and shall nominate its candidates for elective
450     office in the manner prescribed in this section.
451          (c) A filing officer may not permit an official ballot at a regular general election to be
452     produced or used if the ballot denotes affiliation between a registered political party or any
453     other political group and a candidate for elective office who was not nominated in the manner
454     prescribed in this section or in Subsection 20A-9-202(4).
455          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
456     even-numbered year in which a regular general election will be held.
457          [(2) (a) Each registered political party, in a statement filed with the lieutenant governor,
458     shall:]
459          [(i) either declare their intent to participate in the next regular primary election or
460     declare that the registered political party chooses not to have the names of its candidates for
461     elective office featured on the ballot at the next regular general election;]

462          [(ii) if the registered political party participates in the upcoming regular primary
463     election, identify one or more registered political parties whose members may vote for the
464     registered political party's candidates and whether or not persons identified as unaffiliated with
465     a political party may vote for the registered political party's candidates; and]
466          [(iii) if the registered political party participates in the upcoming regular primary
467     election, indicate whether it chooses to nominate unopposed candidates without their name
468     appearing on the ballot, as described under Subsection (5)(c).]
469          (2) For an election held before January 1, 2017, a registered political party shall, in a
470     statement filed with the lieutenant governor before the applicable deadline described in
471     Subsection (6):
472          (a) (i) declare whether the registered political party chooses to nominate the registered
473     political party's candidates:
474          (A) as a qualified political party, in accordance with Section 20A-9-406; or
475          (B) in accordance with this section;
476          (ii) identify one or more registered political parties whose members may vote for the
477     registered political party's candidates in the primary election;
478          (iii) indicate whether the registered political party chooses to permit individuals who
479     are unaffiliated with a registered political party to vote for the registered political party's
480     candidates in the primary election; and
481          (iv) indicate whether the registered political party chooses to nominate unopposed
482     candidates without the candidates' names appearing on the ballot, as described in Subsection
483     (9)(c); or
484          (b) declare that the registered political party will not participate in the primary election.
485          (3) For an election held before January 1, 2017:
486          (a) if a registered political party timely makes the declaration described in Subsection
487     (2)(b), the election officer:
488          (i) shall place the name of the party's candidate for each office on the general election
489     ballot without any indication of party affiliation; and
490          (ii) may not list the party's candidates as unaffiliated; and
491          (b) a registered political party that fails to timely file a statement described in
492     Subsection (2), by failing to file the statement, indicates by default that the registered political

493     party:
494          (i) chooses to nominate the registered political party's candidates as a qualified political
495     party, in accordance with Section 20A-9-406;
496          (ii) chooses to only permit a member of the registered political party to vote for the
497     registered political party's candidates in the primary election;
498          (iii) chooses to prohibit individuals who are unaffiliated with a registered political
499     party to vote for the registered political party's candidates in the primary election; and
500          (iv) chooses to nominate unopposed candidates without the candidates' names
501     appearing on the ballot, as described in Subsection (9)(c).
502          (4) For an election held on or after January 1, 2017, a registered political party that is
503     not a qualified political party shall, in a statement filed with the lieutenant governor before the
504     applicable deadline described in Subsection (6):
505          (a) (i) declare that the registered political party chooses to nominate the registered
506     political party's candidates in accordance with this section;
507          (ii) identify one or more registered political parties whose members may vote for the
508     registered political party's candidates in the primary election;
509          (iii) indicate whether the registered political party chooses to permit individuals who
510     are unaffiliated with a registered political party to vote for the registered political party's
511     candidates in the primary election; and
512          (iv) indicate whether the registered political party chooses to nominate unopposed
513     candidates without the candidates' names appearing on the ballot, as described in Subsection
514     (9)(c); or
515          (b) declare that the registered political party will not participate in the primary election.
516          (5) For an election held on or after January 1, 2017:
517          (a) if a registered political party timely makes the declaration described in Subsection
518     (4)(b), the election officer:
519          (i) shall place the name of the party's candidate for each office on the general election
520     ballot without any indication of party affiliation; and
521          (ii) may not list the party's candidates as unaffiliated; and
522          (b) a registered political party that fails to timely file a statement described in
523     Subsection (4), by failing to file the statement, indicates by default that the registered political

524     party:
525          (i) chooses to nominate the registered political party's candidates in accordance with
526     this section;
527          (ii) chooses to only permit a member of the registered political party to vote for the
528     registered political party's candidates in the primary election;
529          (iii) chooses to prohibit individuals who are unaffiliated with a registered political
530     party to vote for the registered political party's candidates in the primary election; and
531          (iv) chooses to nominate unopposed candidates without the candidates' names
532     appearing on the ballot, as described in Subsection (9)(c).     
533          [(b)] (6) A registered political party that is a continuing political party must file the
534     statement described in Subsection (2)[(a)] or (4), as applicable, with the lieutenant governor no
535     later than 5 p.m. on November 15 of each odd-numbered year. An organization that is seeking
536     to become a registered political party under Section 20A-8-103 must file the statement
537     described in Subsection (2)[(b)] or (4), as applicable, no later than 5 p.m. on February 15.
538          [(3)] (7) (a) Except as provided in Subsection [(3)] (7)(e), a person who has submitted
539     a declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
540     office on the regular primary ballot of the registered political party listed on the declaration of
541     candidacy only if the person is certified by the appropriate filing officer as having submitted a
542     set of nomination petitions that was:
543          (i) circulated and completed in accordance with Section 20A-9-405; and
544          (ii) signed by at least two percent of the registered political party's members who reside
545     in the political division of the office that the person seeks.
546          (b) A candidate for elective office shall submit nomination petitions to the appropriate
547     filing officer for verification and certification no later than 5 p.m. on the final day in March.
548     Candidates may supplement their submissions at any time on or before the filing deadline.
549          (c) The lieutenant governor shall determine for each elective office the total number of
550     signatures that must be submitted under Subsection [(3)] (7)(a)(ii) by counting the aggregate
551     number of persons residing in each elective office's political division who have designated a
552     particular registered political party on their voter registration forms as of November 1 of each
553     odd-numbered year. The lieutenant governor shall publish this determination for each elective
554     office no later than November 15 of each odd-numbered year.

555          (d) The filing officer shall:
556          (i) verify signatures on nomination petitions in a transparent and orderly manner;
557          (ii) for all qualifying candidates for elective office who submitted nomination petitions
558     to the filing officer, issue certifications referenced in Subsection [(3)] (7)(a) no later than 5
559     p.m. on the first Monday after the third Saturday in April;
560          (iii) consider active and inactive voters eligible to sign nomination petitions;
561          (iv) consider a person who signs a nomination petition a member of a registered
562     political party for purposes of Subsection [(3)] (7)(a)(ii) if the person has designated that
563     registered political party as their preferred party affiliation on their voter registration form prior
564     to 5 p.m. on the final day in March; and
565          (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
566     petition signatures, or use statistical sampling procedures to verify submitted nomination
567     petition signatures pursuant to rules issued by the lieutenant governor under Subsection [(3)]
568     (7)(f).
569          (e) Notwithstanding any other provision in this Subsection [(3)] (7), a candidate for
570     lieutenant governor may appear on the regular primary ballot of a registered political party
571     without submitting nomination petitions if the candidate files a declaration of candidacy and
572     complies with Subsection 20A-9-202(3).
573          (f) The lieutenant governor shall issue rules that provide for the use of statistical
574     sampling procedures for filing officers to verify signatures under Subsection [(3)] (7)(d). The
575     statistical sampling procedures shall reflect a bona fide effort to determine the validity of a
576     candidate's entire submission, using widely recognized statistical sampling techniques. The
577     lieutenant governor may also issue supplemental rules and guidance that provide for the
578     transparent, orderly, and timely submission, verification, and certification of nomination
579     petition signatures.
580          (g) The county clerk shall:
581          (i) review the declarations of candidacy filed by candidates for local boards of
582     education to determine if more than two candidates have filed for the same seat;
583          (ii) place the names of all candidates who have filed a declaration of candidacy for a
584     local board of education seat on the nonpartisan section of the ballot if more than two
585     candidates have filed for the same seat; and

586          (iii) determine the order of the local board of education candidates' names on the ballot
587     in accordance with Section 20A-6-305.
588          [(4)] (8) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the
589     lieutenant governor shall provide to the county clerks:
590          (i) a list of the names of all candidates for federal, constitutional, multi-county, and
591     county offices who have received certifications under Subsection [(3)] (7), along with
592     instructions on how those names shall appear on the primary-election ballot in accordance with
593     Section 20A-6-305; and
594          (ii) a list of unopposed candidates for elective office who have been nominated by a
595     registered political party under Subsection [(5)] (9)(c) and instruct the county clerks to exclude
596     such candidates from the primary-election ballot.
597          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
598     joint-ticket running mates shall appear jointly on the primary-election ballot.
599          (c) After the county clerk receives the certified list from the lieutenant governor under
600     Subsection [(4)] (8)(a), the county clerk shall post or publish a primary election notice in
601     substantially the following form:
602          "Notice is given that a primary election will be held Tuesday, June ____,
603     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
604     local school board positions listed on the primary ballot. The polling place for voting precinct
605     ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
606     Attest: county clerk."
607          [(5)] (9) (a) Candidates, other than presidential candidates, receiving the highest
608     number of votes cast for each office at the regular primary election are nominated by their
609     registered political party for that office or are nominated as a candidate for a nonpartisan local
610     school board position.
611          (b) If two or more candidates, other than presidential candidates, are to be elected to
612     the office at the regular general election, those party candidates equal in number to positions to
613     be filled who receive the highest number of votes at the regular primary election are the
614     nominees of their party for those positions.
615          (c) A candidate who is unopposed for an elective office in the regular primary election
616     of a registered political party is nominated by the party for that office without appearing on the

617     primary ballot, provided that the party has chosen to nominate unopposed candidates under
618     Subsection (2)(a)[(iii)](iv), (3)(b)(iv), (4)(a)(iii), (4)(a)(iv), or (5)(b)(iv). A candidate is
619     "unopposed" if no person other than the candidate has received a certification under Subsection
620     [(3)] (7) for the regular primary election ballot of the candidate's registered political party for a
621     particular elective office.
622          [(6)] (10) (a) When a tie vote occurs in any primary election for any national, state, or
623     other office that represents more than one county, the governor, lieutenant governor, and
624     attorney general shall, at a public meeting called by the governor and in the presence of the
625     candidates involved, select the nominee by lot cast in whatever manner the governor
626     determines.
627          (b) When a tie vote occurs in any primary election for any county office, the district
628     court judges of the district in which the county is located shall, at a public meeting called by
629     the judges and in the presence of the candidates involved, select the nominee by lot cast in
630     whatever manner the judges determine.
631          [(7)] (11) The expense of providing all ballots, blanks, or other supplies to be used at
632     any primary election provided for by this section, and all expenses necessarily incurred in the
633     preparation for or the conduct of that primary election shall be paid out of the treasury of the
634     county or state, in the same manner as for the regular general elections.
635          Section 9. Section 20A-9-405 is amended to read:
636          20A-9-405. Nomination petitions for regular primary elections.
637          (1) This section shall apply to the form and circulation of nomination petitions for
638     regular primary elections described in Subsection 20A-9-403[(3)](7)(a).
639          (2) A candidate for elective office, and the agents of the candidate, may not circulate
640     nomination petitions until the candidate has submitted a declaration of candidacy in accordance
641     with Subsection 20A-9-202(1).
642          (3) The nomination petitions shall be in substantially the following form:
643          (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
644          (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
645     space above that line blank for purposes of binding;
646          (c) the petition shall be headed by a caption stating the purpose of the petition and the
647     name of the proposed candidate;

648          (d) the petition shall feature the word "Warning" followed by the following statement
649     in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
650     knowingly sign a certificate of nomination signature sheet with any name other than the
651     person's own name or more than once for the same candidate or if the person is not registered
652     to vote in this state and does not intend to become registered to vote in this state before
653     signatures are certified by a filing officer.";
654          (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
655     numbered one through 10;
656          (f) the signature portion of the petition shall be divided into columns headed by the
657     following titles:
658          (i) Registered Voter's Printed Name;
659          (ii) Signature of Registered Voter;
660          (iii) Party Affiliation of Registered Voter;
661          (iv) Birth Date or Age (Optional);
662          (v) Street Address, City, Zip Code; and
663          (vi) Date of Signature; and
664          (g) a photograph of the candidate may appear on the nomination petition.
665          (4) If one or more nomination petitions are bound together, a page shall be bound to
666     the nomination petition(s) that features the following printed verification statement to be signed
667     and dated by the petition circulator:
668          "Verification
669          State of Utah, County of ____
670          I, ____, of ____, hereby state under that:
671          I am a Utah resident and am at least 18 years old;
672          All the names that appear on the signature sheets bound to this page were, to the best of
673     my knowledge, signed by the persons who professed to be the persons whose names appear on
674     the signature sheets, and each of them signed the person's name on the signature sheets in my
675     presence;
676          I believe that each has printed and signed the person's name and written the person's
677     street address correctly, and that each signer is registered to vote in Utah or will register to vote
678     in Utah before the county clerk certifies the signatures on the signature sheet."

679          (5) The lieutenant governor shall prepare and make public model nomination petition
680     forms and associated instructions.
681          (6) A nomination petition circulator must be at least18 years old and a resident of the
682     state, but may affiliate with any political party.
683          (7) It is unlawful for any person to:
684          (a) knowingly sign the nomination petition sheet described in Subsection (3):
685          (i) with any name other than the person's own name;
686          (ii) more than once for the same candidate; or
687          (iii) if the person is not registered to vote in this state and does not intend to become
688     registered to vote in this state prior to 5 p.m. on the final day in March;
689          (b) sign the verification of a certificate of nomination signature sheet described in
690     Subsection (4) if the person:
691          (i) does not meet the residency requirements of Section 20A-2-105;
692          (ii) has not witnessed the signing by those persons whose names appear on the
693     certificate of nomination signature sheet; or
694          (iii) knows that a person whose signature appears on the certificate of nomination
695     signature sheet is not registered to vote in this state and does not intend to become registered to
696     vote in this state;
697          (c) pay compensation to any person to sign a nomination petition; or
698          (d) pay compensation to any person to circulate a nomination petition, if the
699     compensation is based directly on the number of signatures submitted to a filing officer rather
700     than on the number of signatures verified or on some other basis.
701          (8) Any person violating Subsection (7) is guilty of a class A misdemeanor.
702          (9) Withdrawal of petition signatures shall not be permitted.
703          Section 10. Section 20A-9-406 is amended to read:
704          20A-9-406. Qualified political party -- Requirements and exemptions.
705          The following provisions apply to a qualified political party:
706          (1) the qualified political party shall certify to the lieutenant governor no later than 5
707     p.m. on March 1 of each even-numbered year:
708          (a) the identity of one or more registered political parties whose members may vote for
709     the qualified political party's candidates in the primary election; [and]

710          (b) whether the qualified political party chooses to permit unaffiliated voters to vote for
711     the qualified political party's candidates in the primary election; and
712          [(b)] (c) whether the qualified political party chooses to nominate unopposed
713     candidates without the names of the candidates appearing on the ballot[, as described in
714     Subsection 20A-9-403(5)(c)];
715          (2) the provisions of Subsections 20A-9-403(1) [through (4)(a), Subsection
716     20A-9-403(5)(c)], (7), (8)(a), and (9), and Section 20A-9-405 do not apply to a nomination for
717     the qualified political party;
718          (3) an individual may only obtain a nomination for the qualified political party by using
719     a method described in Section 20A-9-407, Section 20A-9-408, or both;
720          (4) the qualified political party shall comply with the provisions of Sections
721     20A-9-407, 20A-9-408, and 20A-9-409;
722          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
723     shall ensure that a ballot described in Section 20A-6-301 includes each person nominated by a
724     qualified political party under Section 20A-9-407 or 20A-9-408:
725          (a) under the qualified political party's name and emblem, if any; or
726          (b) under the title of the qualified registered political party as designated by the
727     qualified political party in the certification described in Subsection (1), or, if none is
728     designated, then under some suitable title;
729          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
730     paper ballots in regular general elections, that each candidate who is nominated by the qualified
731     political party is listed by party;
732          (7) notwithstanding Subsection 20A-6-303(1)(g), each election officer shall ensure that
733     the party designation of each candidate who is nominated by the qualified political party is
734     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
735          (8) notwithstanding Subsection 20A-6-304(1)(g), each election officer shall ensure that
736     the party designation of each candidate who is nominated by the qualified political party is
737     displayed adjacent to the candidate's name on an electronic ballot;
738          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
739     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
740     20A-9-408 to run in a regular general election for a federal office, constitutional office,

741     multicounty office, or county office;
742          (10) an individual who is nominated by, or seeking the nomination of, the qualified
743     political party is not required to comply with Subsection 20A-9-201(1)(c);
744          (11) notwithstanding Subsection 20A-9-403[(3)](7), the qualified political party is
745     entitled to have each of the qualified political party's candidates for elective office appear on
746     the primary ballot of the qualified political party with an indication that each candidate is a
747     candidate for the qualified political party;
748          (12) notwithstanding Subsection 20A-9-403[(4)](8)(a), the lieutenant governor shall
749     include on the list provided by the lieutenant governor to the county clerks:
750          (a) the names of all candidates of the qualified political party for federal, constitutional,
751     multicounty, and county offices; and
752          (b) the names of unopposed candidates for elective office who have been nominated by
753     the qualified political party and instruct the county clerks to exclude such candidates from the
754     primary-election ballot;
755          (13) notwithstanding Subsection 20A-9-403[(5)](9)(c), a candidate who is unopposed
756     for an elective office in the regular primary election of the qualified political party is nominated
757     by the party for that office without appearing on the primary ballot, provided that the party has
758     chosen to nominate unopposed candidates under Subsection 20A-9-403(2)(a)[(iii)](iv),
759     20A-9-403(3)(b)(iv), 20A-9-403(4)(a)(iii), 20A-9-403(4)(a)(iv), or 20A-9-403(5)(b)(iv); and
760          (14) notwithstanding the provisions of [Subsections] Subsection 20A-9-403(1) [and
761     (2)] and Section 20A-9-405, the qualified political party is entitled to have the names of its
762     candidates for elective office featured with party affiliation on the ballot at a regular general
763     election.
764          Section 11. Section 20A-9-701 is amended to read:
765          20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
766          (1) No later than August 31 of each regular general election year, the lieutenant
767     governor shall certify to each county clerk the names of each candidate nominated under
768     Subsection 20A-9-202(4) or Subsection 20A-9-403[(5)](9) for offices to be voted upon at the
769     regular general election in that county clerk's county.
770          (2) The names shall be certified by the lieutenant governor and shall be displayed on
771     the ballot as they are provided on the candidate's declaration of candidacy. No other names

772     may appear on the ballot as affiliated with, endorsed by, or nominated by any other registered
773     political party, political party, or other political group.
774          Section 12. Section 20A-11-201 is amended to read:
775          20A-11-201. State office candidate -- Separate bank account for campaign funds
776     -- No personal use -- Contribution reporting deadline -- Report other accounts.
777          (1) (a) Each state office candidate or the candidate's personal campaign committee
778     shall deposit each contribution and public service assistance received in one or more separate
779     campaign accounts in a financial institution.
780          (b) A state office candidate or a candidate's personal campaign committee may not use
781     money deposited in a campaign account for:
782          (i) a personal use expenditure; or
783          (ii) an expenditure prohibited by law.
784          (2) A state office candidate or the candidate's personal campaign committee may not
785     deposit or mingle any contributions received into a personal or business account.
786          (3) If a person who is no longer a state office candidate chooses not to expend the
787     money remaining in a campaign account, the person shall continue to file the year-end
788     summary report required by Section 20A-11-203 until the statement of dissolution and final
789     summary report required by Section 20A-11-205 are filed with the lieutenant governor.
790          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
791     is no longer a state office candidate may not expend or transfer the money in a campaign
792     account in a manner that would cause the former state office candidate to recognize the money
793     as taxable income under federal tax law.
794          (b) A person who is no longer a state office candidate may transfer the money in a
795     campaign account in a manner that would cause the former state office candidate to recognize
796     the money as taxable income under federal tax law if the transfer is made to a campaign
797     account for federal office.
798          (5) (a) As used in this Subsection (5) and Section 20A-11-204, "received" means:
799          (i) for a cash contribution, that the cash is given to a state office candidate or a member
800     of the candidate's personal campaign committee;
801          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
802     instrument or check is negotiated; and

803          (iii) for any other type of contribution, that any portion of the contribution's benefit
804     inures to the state office candidate.
805          (b) Each state office candidate shall report to the lieutenant governor each contribution
806     and public service assistance received by the state office candidate:
807          (i) except as provided in Subsection (5)(b)(ii), within 30 days after the day on which
808     the contribution or public service assistance is received; or
809          (ii) within three business days after the day on which the contribution or public service
810     assistance is received, if:
811          (A) the state office candidate is contested in a convention and the contribution or
812     public service assistance is received within 30 days before the day on which the convention is
813     held;
814          (B) the state office candidate is contested in a primary election and the contribution or
815     public service assistance is received within 30 days before the day on which the primary
816     election is held; or
817          (C) the state office candidate is contested in a general election and the contribution or
818     public service assistance is received within 30 days before the day on which the general
819     election is held.
820          (c) [Except as provided in Subsection (5)(d), for] For each contribution or provision of
821     public service assistance that a state office candidate fails to report within the time period
822     described in Subsection (5)(b), the lieutenant governor shall impose a fine against the state
823     office candidate in an amount equal to:
824          (i) [the greater of $50 or 15%] the lesser of $50 or 20% of the amount of the
825     contribution; or
826          (ii) [the greater of $50 or 15%] the lesser of $50 or 20% of the value of the public
827     service assistance.
828          [(d) A fine described in Subsection (5)(c) may not exceed the amount of the
829     contribution or the value of the public service assistance to which the fine relates.]
830          [(e)] (d) The lieutenant governor shall:
831          (i) deposit money received under Subsection (5)(c) into the General Fund; and
832          (ii) report on the lieutenant governor's website, in the location where reports relating to
833     each state office candidate are available for public access:

834          (A) each fine imposed by the lieutenant governor against the state office candidate;
835          (B) the amount of the fine;
836          (C) the amount of the contribution to which the fine relates; and
837          (D) the date of the contribution.
838          (6) (a) As used in this Subsection (6), "account" means an account in a financial
839     institution:
840          (i) that is not described in Subsection (1)(a); and
841          (ii) into which or from which a person who, as a candidate for an office, other than the
842     state office for which the person files a declaration of candidacy or federal office, or as a holder
843     of an office, other than a state office for which the person files a declaration of candidacy or
844     federal office, deposits a contribution or makes an expenditure.
845          (b) A state office candidate shall include on any financial statement filed in accordance
846     with this part:
847          (i) a contribution deposited in an account:
848          (A) since the last campaign finance statement was filed; or
849          (B) that has not been reported under a statute or ordinance that governs the account; or
850          (ii) an expenditure made from an account:
851          (A) since the last campaign finance statement was filed; or
852          (B) that has not been reported under a statute or ordinance that governs the account.
853          Section 13. Section 20A-11-301 is amended to read:
854          20A-11-301. Legislative office candidate -- Campaign finance requirements --
855     Candidate as a political action committee officer -- No personal use -- Contribution
856     reporting deadline -- Report other accounts.
857          (1) (a) (i) Each legislative office candidate shall deposit each contribution and public
858     service assistance received in one or more separate accounts in a financial institution that are
859     dedicated only to that purpose.
860          (ii) A legislative office candidate may:
861          (A) receive a contribution or public service assistance from a political action
862     committee registered under Section 20A-11-601; and
863          (B) be designated by a political action committee as an officer who has primary
864     decision-making authority as described in Section 20A-11-601.

865          (b) A legislative office candidate or the candidate's personal campaign committee may
866     not use money deposited in an account described in Subsection (1)(a)(i) for:
867          (i) a personal use expenditure; or
868          (ii) an expenditure prohibited by law.
869          (2) A legislative office candidate may not deposit or mingle any contributions or public
870     service assistance received into a personal or business account.
871          (3) If a person who is no longer a legislative candidate chooses not to expend the
872     money remaining in a campaign account, the person shall continue to file the year-end
873     summary report required by Section 20A-11-302 until the statement of dissolution and final
874     summary report required by Section 20A-11-304 are filed with the lieutenant governor.
875          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
876     is no longer a legislative office candidate may not expend or transfer the money in a campaign
877     account in a manner that would cause the former legislative office candidate to recognize the
878     money as taxable income under federal tax law.
879          (b) A person who is no longer a legislative office candidate may transfer the money in
880     a campaign account in a manner that would cause the former legislative office candidate to
881     recognize the money as taxable income under federal tax law if the transfer is made to a
882     campaign account for federal office.
883          (5) (a) As used in this Subsection (5) and Section 20A-11-303, "received" means:
884          (i) for a cash contribution, that the cash is given to a legislative office candidate or a
885     member of the candidate's personal campaign committee;
886          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
887     instrument or check is negotiated; and
888          (iii) for any other type of contribution, that any portion of the contribution's benefit
889     inures to the legislative office candidate.
890          (b) Each legislative office candidate shall report to the lieutenant governor each
891     contribution and public service assistance received by the legislative office candidate:
892          (i) except as provided in Subsection (5)(b)(ii), within 30 days after the day on which
893     the contribution or public service assistance is received; or
894          (ii) within three business days after the day on which the contribution or public service
895     assistance is received, if:

896          (A) the legislative office candidate is contested in a convention and the contribution or
897     public service assistance is received within 30 days before the day on which the convention is
898     held;
899          (B) the legislative office candidate is contested in a primary election and the
900     contribution or public service assistance is received within 30 days before the day on which the
901     primary election is held; or
902          (C) the legislative office candidate is contested in a general election and the
903     contribution or public service assistance is received within 30 days before the day on which the
904     general election is held.
905          (c) [Except as provided in Subsection (5)(d), for] For each contribution or provision of
906     public service assistance that a legislative office candidate fails to report within the time period
907     described in Subsection (5)(b), the lieutenant governor shall impose a fine against the
908     legislative office candidate in an amount equal to:
909          (i) [the greater of $50 or 15%] the lesser of $50 or 20% of the amount of the
910     contribution; or
911          (ii) [the greater of $50 or 15%] the lesser of $50 or 20% of the value of the public
912     service assistance.
913          [(d) A fine described in Subsection (5)(c) may not exceed the amount of the
914     contribution or the value of the public service assistance to which the fine relates.]
915          [(e)] (d) The lieutenant governor shall:
916          (i) deposit money received under Subsection (5)(c) into the General Fund; and
917          (ii) report on the lieutenant governor's website, in the location where reports relating to
918     each legislative office candidate are available for public access:
919          (A) each fine imposed by the lieutenant governor against the legislative office
920     candidate;
921          (B) the amount of the fine;
922          (C) the amount of the contribution to which the fine relates; and
923          (D) the date of the contribution.
924          (6) (a) As used in this Subsection (6), "account" means an account in a financial
925     institution:
926          (i) that is not described in Subsection (1)(a)(i); and

927          (ii) into which or from which a person who, as a candidate for an office, other than a
928     legislative office for which the person files a declaration of candidacy or federal office, or as a
929     holder of an office, other than a legislative office for which the person files a declaration of
930     candidacy or federal office, deposits a contribution or makes an expenditure.
931          (b) A legislative office candidate shall include on any financial statement filed in
932     accordance with this part:
933          (i) a contribution deposited in an account:
934          (A) since the last campaign finance statement was filed; or
935          (B) that has not been reported under a statute or ordinance that governs the account; or
936          (ii) an expenditure made from an account:
937          (A) since the last campaign finance statement was filed; or
938          (B) that has not been reported under a statute or ordinance that governs the account.
939          Section 14. Section 20A-11-1301 is amended to read:
940          20A-11-1301. School board office candidate -- Campaign finance requirements --
941     Candidate as a political action committee officer -- No personal use -- Contribution
942     reporting deadline -- Report other accounts.
943          (1) (a) (i) Each school board office candidate shall deposit each contribution and public
944     service assistance received in one or more separate accounts in a financial institution that are
945     dedicated only to that purpose.
946          (ii) A school board office candidate may:
947          (A) receive a contribution or public service assistance from a political action
948     committee registered under Section 20A-11-601; and
949          (B) be designated by a political action committee as an officer who has primary
950     decision-making authority as described in Section 20A-11-601.
951          (b) A school board office candidate may not use money deposited in an account
952     described in Subsection (1)(a)(i) for:
953          (i) a personal use expenditure; or
954          (ii) an expenditure prohibited by law.
955          (2) A school board office candidate may not deposit or mingle any contributions or
956     public service assistance received into a personal or business account.
957          (3) A school board office candidate may not make any political expenditures prohibited

958     by law.
959          (4) If a person who is no longer a school board candidate chooses not to expend the
960     money remaining in a campaign account, the person shall continue to file the year-end
961     summary report required by Section 20A-11-1302 until the statement of dissolution and final
962     summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
963          (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
964     is no longer a school board candidate may not expend or transfer the money in a campaign
965     account in a manner that would cause the former school board candidate to recognize the
966     money as taxable income under federal tax law.
967          (b) A person who is no longer a school board candidate may transfer the money in a
968     campaign account in a manner that would cause the former school board candidate to recognize
969     the money as taxable income under federal tax law if the transfer is made to a campaign
970     account for federal office.
971          (6) (a) As used in this Subsection (6) and Section 20A-11-1303, "received" means:
972          (i) for a cash contribution, that the cash is given to a school board office candidate or a
973     member of the candidate's personal campaign committee;
974          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
975     instrument or check is negotiated; and
976          (iii) for any other type of contribution, that any portion of the contribution's benefit
977     inures to the school board office candidate.
978          (b) Each school board office candidate shall report to the chief election officer each
979     contribution and public service assistance received by the school board office candidate:
980          (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
981     the contribution or public service assistance is received; or
982          (ii) within three business days after the day on which the contribution or public service
983     assistance is received, if:
984          (A) the school board office candidate is contested in a primary election and the
985     contribution or public service assistance is received within 30 days before the day on which the
986     primary election is held; or
987          (B) the school board office candidate is contested in a general election and the
988     contribution or public service assistance is received within 30 days before the day on which the

989     general election is held.
990          (c) [Except as provided in Subsection (6)(d), for] For each contribution or provision of
991     public service assistance that a school board office candidate fails to report within the time
992     period described in Subsection (6)(b), the chief election officer shall impose a fine against the
993     school board office candidate in an amount equal to:
994          (i) [the greater of $50 or 15%] the lesser of $50 or 20% of the amount of the
995     contribution; or
996          (ii) [the greater of $50 or 15%] the lesser of $50 or 20% of the value of the public
997     service assistance.
998          [(d) A fine described in Subsection (6)(c) may not exceed the amount of the
999     contribution or the value of the public service assistance to which the fine relates.]
1000          [(e)] (d) The chief election officer shall:
1001          (i) deposit money received under Subsection (6)(c) into the General Fund; and
1002          (ii) report on the chief election officer's website, in the location where reports relating
1003     to each school board office candidate are available for public access:
1004          (A) each fine imposed by the chief election officer against the school board office
1005     candidate;
1006          (B) the amount of the fine;
1007          (C) the amount of the contribution to which the fine relates; and
1008          (D) the date of the contribution.
1009          (7) (a) As used in this Subsection (7), "account" means an account in a financial
1010     institution:
1011          (i) that is not described in Subsection (1)(a)(i); and
1012          (ii) into which or from which a person who, as a candidate for an office, other than a
1013     school board office for which the person files a declaration of candidacy or federal office, or as
1014     a holder of an office, other than a school board office for which the person files a declaration of
1015     candidacy or federal office, deposits a contribution or makes an expenditure.
1016          (b) A school board office candidate shall include on any financial statement filed in
1017     accordance with this part:
1018          (i) a contribution deposited in an account:
1019          (A) since the last campaign finance statement was filed; or

1020          (B) that has not been reported under a statute or ordinance that governs the account; or
1021          (ii) an expenditure made from an account:
1022          (A) since the last campaign finance statement was filed; or
1023          (B) that has not been reported under a statute or ordinance that governs the account.
1024          Section 15. Section 20A-12-303 is amended to read:
1025          20A-12-303. Separate account for campaign funds -- Reporting contributions.
1026          (1) The judge or the judge's personal campaign committee shall deposit each
1027     contribution in one or more separate personal campaign accounts in a financial institution.
1028          (2) The judge or the judge's personal campaign committee may not deposit or mingle
1029     any contributions received into a personal or business account.
1030          (3) (a) As used in this Subsection (3) and Section 20A-12-305, "received" means:
1031          (i) for a cash contribution, that the cash is given to a judge or the judge's personal
1032     campaign committee;
1033          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1034     instrument or check is negotiated; and
1035          (iii) for any other type of contribution, that any portion of the contribution's benefit
1036     inures to the judge.
1037          (b) The judge or the judge's personal campaign committee shall report to the lieutenant
1038     governor each contribution received by the judge, within 30 days after the day on which the
1039     contribution is received.
1040          (c) [Except as provided in Subsection (3)(d), for] For each contribution that a judge
1041     fails to report within the time period described in Subsection (3)(b), the lieutenant governor
1042     shall impose a fine against the judge in an amount equal to [the greater of $50 or 15%] the
1043     lesser of $50 or 20% of the amount of the contribution.
1044          [(d) A fine described in Subsection (3)(c) may not exceed the amount of the
1045     contribution to which the fine relates.]
1046          [(e)] (d) The lieutenant governor shall:
1047          (i) deposit money received under Subsection (3)(c) into the General Fund; and
1048          (ii) report on the lieutenant governor's website, in the location where reports relating to
1049     each judge are available for public access:
1050          (A) each fine imposed by the lieutenant governor against the judge;

1051          (B) the amount of the fine;
1052          (C) the amount of the contribution to which the fine relates; and
1053          (D) the date of the contribution.






Legislative Review Note
     as of 2-3-15 11:02 AM


Office of Legislative Research and General Counsel