Representative Robert M. Spendlove proposes the following substitute bill:


1     
CAMPAIGN FINANCE REFORM AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9           This bill removes provisions related to the aggregate reporting of campaign
10     contributions.
11     Highlighted Provisions:
12          This bill:
13          ▸      removes provisions that allow a candidate or officeholder to report the aggregate
14     value of all individual contributions the candidate or officeholder receives that are
15     worth $50 or less.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          10-3-208, as last amended by Laws of Utah 2015, Chapters 21 and 247
23          17-16-6.5, as last amended by Laws of Utah 2015, Chapter 21
24          20A-11-203, as last amended by Laws of Utah 2011, Chapter 347
25          20A-11-204, as last amended by Laws of Utah 2015, Chapter 204
26          20A-11-302, as last amended by Laws of Utah 2011, Chapter 347
27          20A-11-303, as last amended by Laws of Utah 2015, Chapter 204
28          20A-11-401, as last amended by Laws of Utah 2015, Chapter 21
29          20A-11-1302, as last amended by Laws of Utah 2011, Chapter 347
30          20A-11-1303, as last amended by Laws of Utah 2015, Chapter 204
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 10-3-208 is amended to read:
34          10-3-208. Campaign finance disclosure in municipal election.
35          (1) Unless a municipality adopts by ordinance more stringent definitions, the following
36     are defined terms for purposes of this section:
37          (a) "Agent of a candidate" means:
38          (i) a person acting on behalf of a candidate at the direction of the reporting entity;
39          (ii) a person employed by a candidate in the candidate's capacity as a candidate;
40          (iii) the personal campaign committee of a candidate;
41          (iv) a member of the personal campaign committee of a candidate in the member's
42     capacity as a member of the personal campaign committee of the candidate; or
43          (v) a political consultant of a candidate.
44          (b) "Anonymous contribution limit" means for each calendar year:
45          (i) $50; or
46          (ii) an amount less than $50 that is specified in an ordinance of the municipality.
47          [(b)] (c) (i) "Candidate" means a person who:
48          (A) files a declaration of candidacy for municipal office; or
49          (B) receives contributions, makes expenditures, or gives consent for any other person
50     to receive contributions or make expenditures to bring about the person's nomination or
51     election to a municipal office.
52          (ii) "Candidate" does not mean a person who files for the office of judge.
53          [(c)] (d) (i) "Contribution" means any of the following when done for political
54     purposes:
55          (A) a gift, subscription, donation, loan, advance, or deposit of money or anything of
56     value given to a candidate;
57          (B) an express, legally enforceable contract, promise, or agreement to make a gift,
58     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
59     anything of value to the candidate;
60          (C) any transfer of funds from another reporting entity to the candidate;
61          (D) compensation paid by any person or reporting entity other than the candidate for
62     personal services provided without charge to the candidate;
63          (E) a loan made by a candidate deposited to the candidate's own campaign; and
64          (F) an in-kind contribution.
65          (ii) "Contribution" does not include:
66          (A) services provided by an individual volunteering a portion or all of the individual's
67     time on behalf of the candidate if the services are provided without compensation by the
68     candidate or any other person;
69          (B) money lent to the candidate by a financial institution in the ordinary course of
70     business; or
71          (C) goods or services provided for the benefit of a candidate at less than fair market
72     value that are not authorized by or coordinated with the candidate.
73          [(d)] (e) "Coordinated with" means that goods or services provided for the benefit of a
74     candidate are provided:
75          (i) with the candidate's prior knowledge, if the candidate does not object;
76          (ii) by agreement with the candidate;
77          (iii) in coordination with the candidate; or
78          (iv) using official logos, slogans, and similar elements belonging to a candidate.
79          [(e)] (f) (i) "Expenditure" means any of the following made by a candidate or an agent
80     of the candidate on behalf of the candidate:
81          (A) any disbursement from contributions, receipts, or from an account described in
82     Subsection (3)(a)(i);
83          (B) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
84     or anything of value made for political purposes;
85          (C) an express, legally enforceable contract, promise, or agreement to make any
86     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
87     value for a political purpose;
88          (D) compensation paid by a candidate for personal services rendered by a person
89     without charge to a reporting entity;
90          (E) a transfer of funds between the candidate and a candidate's personal campaign
91     committee as defined in Section 20A-11-101; or
92          (F) goods or services provided by a reporting entity to or for the benefit of the
93     candidate for political purposes at less than fair market value.
94          (ii) "Expenditure" does not include:
95          (A) services provided without compensation by an individual volunteering a portion or
96     all of the individual's time on behalf of a candidate; or
97          (B) money lent to a candidate by a financial institution in the ordinary course of
98     business.
99          [(f)] (g) "In-kind contribution" means anything of value other than money, that is
100     accepted by or coordinated with a candidate.
101          [(g)] (h) (i) "Political consultant" means a person who is paid by a candidate, or paid by
102     another person on behalf of and with the knowledge of the candidate, to provide political
103     advice to the candidate.
104          (ii) "Political consultant" includes a circumstance described in Subsection
105     (1)[(g)](h)(i), where the person:
106          (A) has already been paid, with money or other consideration;
107          (B) expects to be paid in the future, with money or other consideration; or
108          (C) understands that the person may, in the discretion of the candidate or another
109     person on behalf of and with the knowledge of the candidate, be paid in the future, with money
110     or other consideration.
111          [(h)] (i) "Political purposes" means an act done with the intent or in a way to influence
112     or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
113     against any candidate or a person seeking a municipal office at any caucus, political
114     convention, or election.
115          [(i)] (j) "Reporting entity" means:
116          (i) a candidate;
117          (ii) a committee appointed by a candidate to act for the candidate;
118          (iii) a person who holds an elected municipal office;
119          (iv) a party committee as defined in Section 20A-11-101;
120          (v) a political action committee as defined in Section 20A-11-101;
121          (vi) a political issues committee as defined in Section 20A-11-101;
122          (vii) a corporation as defined in Section 20A-11-101; or
123          (viii) a labor organization as defined in Section 20A-11-1501.
124          [(j) "Reporting limit" means for each calendar year:]
125          [(i) $50; or]
126          [(ii) an amount lower than $50 that is specified in an ordinance of the municipality.]
127          (2) (a) A municipality may adopt an ordinance establishing campaign finance
128     disclosure requirements for a candidate that are more stringent than the requirements provided
129     in Subsections (3) and (4).
130          (b) The municipality may adopt definitions that are more stringent than those provided
131     in Subsection (1).
132          (c) If a municipality fails to adopt a campaign finance disclosure ordinance described
133     in Subsection (2)(a), a candidate shall comply with financial reporting requirements contained
134     in Subsections (3) and (4).
135          (3) (a) Each candidate:
136          (i) shall deposit a contribution in a separate campaign account in a financial institution;
137     and
138          (ii) may not deposit or mingle any campaign contributions received into a personal or
139     business account.
140          (b) Each candidate who is not eliminated at a municipal primary election shall file with
141     the municipal clerk or recorder a campaign finance statement:
142          (i) no later than seven days before the day on which the municipal general election is
143     held; and
144          (ii) no later than 30 days after the day on which the municipal general election is held.
145          (c) Each candidate for municipal office who is eliminated at a municipal primary
146     election shall file with the municipal clerk or recorder a campaign finance statement 30 days
147     after the day on which the municipal primary election is held.
148          (4) Each campaign finance statement under Subsection (3)(b) or (c) shall:
149          (a) except as provided in Subsection (4)(b):
150          (i) report all of the candidate's itemized and total:
151          (A) contributions, including in-kind and other nonmonetary contributions, received up
152     to and including five days before the campaign finance statement is due, excluding a
153     contribution previously reported; and
154          (B) expenditures made up to and including five days before the campaign finance
155     statement is due, excluding an expenditure previously reported; and
156          (ii) identify:
157          (A) for each contribution [that exceeds the reporting limit], the amount of the
158     contribution and the name of the donor, if known; and
159          [(B) the aggregate total of all contributions that individually do not exceed the
160     reporting limit; and]
161          [(C)] (B) for each expenditure, the amount of the expenditure and the name of the
162     recipient of the expenditure; or
163          (b) report the total amount of all contributions and expenditures if the candidate
164     receives $500 or less in contributions and spends $500 or less on the candidate's campaign.
165          (c) Within 30 days after receiving a contribution that is cash or a negotiable instrument,
166     exceeds the [reporting] anonymous contribution limit, and is from a donor whose name is
167     unknown, a candidate shall disburse the amount of the contribution to:
168          (i) the treasurer of the state or a political subdivision for deposit into the state's or
169     political subdivision's general fund; or
170          (ii) an organization that is exempt from federal income taxation under Section
171     501(c)(3), Internal Revenue Code.
172          (5) (a) A municipality may, by ordinance:
173          (i) provide [a reporting] an anonymous contribution limit [lower] less than $50;
174          (ii) require greater disclosure of contributions or expenditures than is required in this
175     section; and
176          (iii) impose additional penalties on candidates who fail to comply with the applicable
177     requirements beyond those imposed by this section.
178          (b) A candidate is subject to the provisions of this section and not the provisions of an
179     ordinance adopted by the municipality under Subsection (5)(a) if:
180          (i) the municipal ordinance establishes requirements or penalties that differ from those
181     established in this section; and
182          (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
183     ordinance as required in Subsection (6).
184          (6) Each municipal clerk or recorder shall, at the time the candidate for municipal
185     office files a declaration of candidacy, and again 14 days before each municipal general
186     election, notify the candidate in writing of:
187          (a) the provisions of statute or municipal ordinance governing the disclosure of
188     contributions and expenditures;
189          (b) the dates when the candidate's campaign finance statement is required to be filed;
190     and
191          (c) the penalties that apply for failure to file a timely campaign finance statement,
192     including the statutory provision that requires removal of the candidate's name from the ballot
193     for failure to file the required campaign finance statement when required.
194          (7) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
195     Access and Management Act, the municipal clerk or recorder shall:
196          (a) make each campaign finance statement filed by a candidate available for public
197     inspection and copying no later than one business day after the statement is filed; and
198          (b) make the campaign finance statement filed by a candidate available for public
199     inspection by:
200          (i) (A) posting an electronic copy or the contents of the statement on the municipality's
201     website no later than seven business days after the statement is filed; and
202          (B) verifying that the address of the municipality's website has been provided to the
203     lieutenant governor in order to meet the requirements of Subsection 20A-11-103(5); or
204          (ii) submitting a copy of the statement to the lieutenant governor for posting on the
205     website established by the lieutenant governor under Section 20A-11-103 no later than two
206     business days after the statement is filed.
207          (8) (a) If a candidate fails to file a campaign finance statement before the municipal
208     general election by the deadline specified in Subsection (3)(b)(i), the municipal clerk or
209     recorder shall inform the appropriate election official who:
210          (i) shall:
211          (A) if practicable, remove the candidate's name from the ballot by blacking out the
212     candidate's name before the ballots are delivered to voters; or
213          (B) if removing the candidate's name from the ballot is not practicable, inform the
214     voters by any practicable method that the candidate has been disqualified and that votes cast for
215     the candidate will not be counted; and
216          (ii) may not count any votes for that candidate.
217          (b) Notwithstanding Subsection (8)(a), a candidate who files a campaign finance
218     statement seven days before a municipal general election is not disqualified if:
219          (i) the statement details accurately and completely the information required under
220     Subsection (4), except for inadvertent omissions or insignificant errors or inaccuracies; and
221          (ii) the omissions, errors, or inaccuracies are corrected in an amended report or in the
222     next scheduled report.
223          (9) A campaign finance statement required under this section is considered filed if it is
224     received in the municipal clerk or recorder's office by 5 p.m. on the date that it is due.
225          (10) (a) A private party in interest may bring a civil action in district court to enforce
226     the provisions of this section or an ordinance adopted under this section.
227          (b) In a civil action under Subsection (10)(a), the court may award costs and attorney
228     fees to the prevailing party.
229          Section 2. Section 17-16-6.5 is amended to read:
230          17-16-6.5. Campaign financial disclosure in county elections.
231          (1) (a) A county shall adopt an ordinance establishing campaign finance disclosure
232     requirements for:
233          (i) candidates for county office; and
234          (ii) candidates for local school board office who reside in that county.
235          (b) The ordinance required by Subsection (1)(a) shall include:
236          (i) a requirement that each candidate for county office or local school board office
237     report the candidate's itemized and total campaign contributions and expenditures at least once
238     within the two weeks before the election and at least once within two months after the election;
239          (ii) a definition of "contribution" and "expenditure" that requires reporting of
240     nonmonetary contributions such as in-kind contributions and contributions of tangible things;
241          (iii) a requirement that the financial reports identify:
242          (A) for each contribution [of more than $50], the name of the donor of the
243     contribution, if known, and the amount of the contribution; and
244          (B) for each expenditure, the name of the recipient and the amount of the expenditure;
245          (iv) a requirement that a candidate for county office or local school board office
246     deposit a contribution in a separate campaign account in a financial institution;
247          (v) a prohibition against a candidate for county office or local school board office
248     depositing or mingling any contributions received into a personal or business account; and
249          (vi) a requirement that a candidate for county office who receives a contribution that is
250     cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown,
251     shall, within 30 days after receiving the contribution, disburse the amount of the contribution
252     to:
253          (A) the treasurer of the state or a political subdivision for deposit into the state's or
254     political subdivision's general fund; or
255          (B) an organization that is exempt from federal income taxation under Section
256     501(c)(3), Internal Revenue Code.
257          (c) (i) As used in this Subsection (1)(c), "account" means an account in a financial
258     institution:
259          (A) that is not described in Subsection (1)(b)(iv); and
260          (B) into which or from which a person who, as a candidate for an office, other than a
261     county office for which the person files a declaration of candidacy or federal office, or as a
262     holder of an office, other than a county office for which the person files a declaration of
263     candidacy or federal office, deposits a contribution or makes an expenditure.
264          (ii) The ordinance required by Subsection (1)(a) shall include a requirement that a
265     candidate for county office or local school board office include on a financial report filed in
266     accordance with the ordinance a contribution deposited in or an expenditure made from an
267     account:
268          (A) since the last financial report was filed; or
269          (B) that has not been reported under a statute or ordinance that governs the account.
270          (2) If any county fails to adopt a campaign finance disclosure ordinance described in
271     Subsection (1), candidates for county office, other than community council office, and
272     candidates for local school board office shall comply with the financial reporting requirements
273     contained in Subsections (3) through (8).
274          (3) A candidate for elective office in a county or local school board office:
275          (a) shall deposit a contribution in a separate campaign account in a financial institution;
276     and
277          (b) may not deposit or mingle any contributions received into a personal or business
278     account.
279          (4) Each candidate for elective office in any county who is not required to submit a
280     campaign financial statement to the lieutenant governor, and each candidate for local school
281     board office, shall file a signed campaign financial statement with the county clerk:
282          (a) seven days before the date of the regular general election, reporting each
283     contribution [of more than $50] and each expenditure as of 10 days before the date of the
284     regular general election; and
285          (b) no later than 30 days after the date of the regular general election.
286          (5) (a) The statement filed seven days before the regular general election shall include:
287          (i) a list of each contribution [of more than $50] received by the candidate, and the
288     name of the donor, if known; and
289          [(ii) an aggregate total of all contributions of $50 or less received by the candidate;
290     and]
291          [(iii)] (ii) a list of each expenditure for political purposes made during the campaign
292     period, and the recipient of each expenditure.
293          (b) The statement filed 30 days after the regular general election shall include:
294          (i) a list of each contribution [of more than $50] received after the cutoff date for the
295     statement filed seven days before the election, and the name of the donor; and
296          [(ii) an aggregate total of all contributions of $50 or less received by the candidate after
297     the cutoff date for the statement filed seven days before the election; and]
298          [(iii)] (ii) a list of all expenditures for political purposes made by the candidate after the
299     cutoff date for the statement filed seven days before the election, and the recipient of each
300     expenditure.
301          (6) (a) As used in this Subsection (6), "account" means an account in a financial
302     institution:
303          (i) that is not described in Subsection (3)(a); and
304          (ii) into which or from which a person who, as a candidate for an office, other than a
305     county office for which the person filed a declaration of candidacy or federal office, or as a
306     holder of an office, other than a county office for which the person filed a declaration of
307     candidacy or federal office, deposits a contribution or makes an expenditure.
308          (b) A county office candidate and a local school board office candidate shall include on
309     any campaign financial statement filed in accordance with Subsection (4) or (5):
310          (i) a contribution deposited in an account:
311          (A) since the last campaign finance statement was filed; or
312          (B) that has not been reported under a statute or ordinance that governs the account; or
313          (ii) an expenditure made from an account:
314          (A) since the last campaign finance statement was filed; or
315          (B) that has not been reported under a statute or ordinance that governs the account.
316          (7) Within 30 days after receiving a contribution that is cash or a negotiable
317     instrument, exceeds $50, and is from a donor whose name is unknown, a county office
318     candidate shall disburse the amount of the contribution to:
319          (a) the treasurer of the state or a political subdivision for deposit into the state's or
320     political subdivision's general fund; or
321          (b) an organization that is exempt from federal income taxation under Section
322     501(c)(3), Internal Revenue Code.
323          (8) Candidates for elective office in any county, and candidates for local school board
324     office, who are eliminated at a primary election shall file a signed campaign financial statement
325     containing the information required by this section not later than 30 days after the primary
326     election.
327          (9) Any person who fails to comply with this section is guilty of an infraction.
328          (10) (a) Counties may, by ordinance, enact requirements that:
329          (i) require greater disclosure of campaign contributions and expenditures; and
330          (ii) impose additional penalties.
331          (b) The requirements described in Subsection (10)(a) apply to a local school board
332     office candidate who resides in that county.
333          (11) (a) If a candidate fails to file an interim report due before the election, the county
334     clerk shall, after making a reasonable attempt to discover if the report was timely mailed,
335     inform the appropriate election officials who:
336          (i) (A) shall, if practicable, remove the name of the candidate by blacking out the
337     candidate's name before the ballots are delivered to voters; or
338          (B) shall, if removing the candidate's name from the ballot is not practicable, inform
339     the voters by any practicable method that the candidate has been disqualified and that votes
340     cast for the candidate will not be counted; and
341          (ii) may not count any votes for that candidate.
342          (b) Notwithstanding Subsection (11)(a), a candidate is not disqualified if:
343          (i) the candidate files the reports required by this section;
344          (ii) those reports are completed, detailing accurately and completely the information
345     required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
346     and
347          (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
348     the next scheduled report.
349          (c) A report is considered filed if:
350          (i) it is received in the county clerk's office no later than 5 p.m. on the date that it is
351     due;
352          (ii) it is received in the county clerk's office with a United States Postal Service
353     postmark three days or more before the date that the report was due; or
354          (iii) the candidate has proof that the report was mailed, with appropriate postage and
355     addressing, three days before the report was due.
356          (12) (a) Any private party in interest may bring a civil action in district court to enforce
357     the provisions of this section or any ordinance adopted under this section.
358          (b) In a civil action filed under Subsection (12)(a), the court shall award costs and
359     attorney fees to the prevailing party.
360          (13) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
361     Access and Management Act, the county clerk shall:
362          (a) make each campaign finance statement filed by a candidate available for public
363     inspection and copying no later than one business day after the statement is filed; and
364          (b) make the campaign finance statement filed by a candidate available for public
365     inspection by:
366          (i) (A) posting an electronic copy or the contents of the statement on the county's
367     website no later than seven business days after the statement is filed; and
368          (B) verifying that the address of the county's website has been provided to the
369     lieutenant governor in order to meet the requirements of Subsection 20A-11-103(5); or
370          (ii) submitting a copy of the statement to the lieutenant governor for posting on the
371     website established by the lieutenant governor under Section 20A-11-103 no later than two
372     business days after the statement is filed.
373          Section 3. Section 20A-11-203 is amended to read:
374          20A-11-203. State office candidate -- Financial reporting requirements --
375     Year-end summary report.
376          (1) (a) Each state office candidate shall file a summary report by January 10 of the year
377     after the regular general election year.
378          (b) In addition to the requirements of Subsection (1)(a), a former state office candidate
379     that has not filed the statement of dissolution and final summary report required under Section
380     20A-11-205 shall continue to file a summary report on January 10 of each year.
381          (2) (a) Each summary report shall include the following information as of December 31
382     of the previous year:
383          (i) the net balance of the last financial statement, if any;
384          (ii) a single figure equal to the total amount of receipts reported on all interim reports,
385     if any;
386          (iii) a single figure equal to the total amount of expenditures reported on all interim
387     reports, if any, filed during the previous year;
388          (iv) a detailed listing of each contribution and public service assistance received since
389     the last summary report that has not been reported in detail on an interim report;
390          (v) for each nonmonetary contribution:
391          (A) the fair market value of the contribution with that information provided by the
392     contributor; and
393          (B) a specific description of the contribution;
394          (vi) a detailed listing of each expenditure made since the last summary report that has
395     not been reported in detail on an interim report;
396          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
397          (viii) a net balance for the year consisting of the net balance from the last summary
398     report, if any, plus all receipts minus all expenditures; and
399          (ix) the name of a political action committee for which the state office candidate is
400     designated as an officer who has primary decision-making authority under Section
401     20A-11-601.
402          [(b) (i) For all single contributions or public service assistance of $50 or less, a single
403     aggregate figure may be reported without separate detailed listings.]
404          [(ii) Two or more contributions from the same source that have an aggregate total of
405     more than $50 may not be reported in the aggregate, but shall be reported separately.]
406          [(c)] (b) In preparing the report, all receipts and expenditures shall be reported as of
407     December 31 of the previous year.
408          [(d)] (c) A check or negotiable instrument received by a state office candidate or a state
409     office candidate's personal campaign committee on or before December 31 of the previous year
410     shall be included in the summary report.
411          (3) An authorized member of the state office candidate's personal campaign committee
412     or the state office candidate shall certify in the summary report that, to the best of the person's
413     knowledge, all receipts and all expenditures have been reported as of December 31 of the
414     previous year and that there are no bills or obligations outstanding and unpaid except as set
415     forth in that report.
416          Section 4. Section 20A-11-204 is amended to read:
417          20A-11-204. State office candidate and state officeholder -- Financial reporting
418     requirements -- Interim reports.
419          (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
420     account required under Subsection 20A-11-201(1)(a).
421          (b) Except as provided in Subsection (1)(c), each state office candidate shall file an
422     interim report at the following times in any year in which the candidate has filed a declaration
423     of candidacy for a public office:
424          (i) seven days before the candidate's political convention;
425          (ii) seven days before the regular primary election date;
426          (iii) September 30; and
427          (iv) seven days before the regular general election date.
428          (c) If a state office candidate is a state office candidate seeking appointment for a
429     midterm vacancy, the state office candidate:
430          (i) shall file an interim report:
431          (A) no later than seven days before the day on which the political party of the party for
432     which the state office candidate seeks nomination meets to declare a nominee for the governor
433     to appoint in accordance with Section 20A-1-504; or
434          (B) if a state office candidate decides to seek the appointment with less than seven days
435     before the party meets, or the political party schedules the meeting to declare a nominee less
436     than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
437     before the day on which the party meets; and
438          (ii) is not required to file an interim report at the times described in Subsection (1)(b).
439          (d) Each state office holder who has a campaign account that has not been dissolved
440     under Section 20A-11-205 shall, in an even year, file an interim report at the following times,
441     regardless of whether an election for the state office holder's office is held that year:
442          (i) seven days before the political convention for the political party of the state office
443     holder;
444          (ii) seven days before the regular primary election date;
445          (iii) September 30; and
446          (iv) seven days before the regular general election date.
447          (2) Each interim report shall include the following information:
448          (a) the net balance of the last summary report, if any;
449          (b) a single figure equal to the total amount of receipts reported on all prior interim
450     reports, if any, during the calendar year in which the interim report is due;
451          (c) a single figure equal to the total amount of expenditures reported on all prior
452     interim reports, if any, filed during the calendar year in which the interim report is due;
453          (d) a detailed listing of each contribution and public service assistance received since
454     the last summary report that has not been reported in detail on a prior interim report;
455          (e) for each nonmonetary contribution:
456          (i) the fair market value of the contribution with that information provided by the
457     contributor; and
458          (ii) a specific description of the contribution;
459          (f) a detailed listing of each expenditure made since the last summary report that has
460     not been reported in detail on a prior interim report;
461          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
462          (h) a net balance for the year consisting of the net balance from the last summary
463     report, if any, plus all receipts since the last summary report minus all expenditures since the
464     last summary report;
465          (i) a summary page in the form required by the lieutenant governor that identifies:
466          (i) beginning balance;
467          (ii) total contributions during the period since the last statement;
468          (iii) total contributions to date;
469          (iv) total expenditures during the period since the last statement; and
470          (v) total expenditures to date; and
471          (j) the name of a political action committee for which the state office candidate or state
472     office holder is designated as an officer who has primary decision-making authority under
473     Section 20A-11-601.
474          [(3) (a) For all individual contributions or public service assistance of $50 or less, a
475     single aggregate figure may be reported without separate detailed listings.]
476          [(b) Two or more contributions from the same source that have an aggregate total of
477     more than $50 may not be reported in the aggregate, but shall be reported separately.]
478          [(4)] (3) (a) In preparing each interim report, all receipts and expenditures shall be
479     reported as of five days before the required filing date of the report.
480          (b) Any negotiable instrument or check received by a state office candidate or state
481     office holder more than five days before the required filing date of a report required by this
482     section shall be included in the interim report.
483          Section 5. Section 20A-11-302 is amended to read:
484          20A-11-302. Legislative office candidate -- Financial reporting requirements --
485     Year-end summary report.
486          (1) (a) Each legislative office candidate shall file a summary report by January 10 of
487     the year after the regular general election year.
488          (b) In addition to the requirements of Subsection (1)(a), a former legislative office
489     candidate that has not filed the statement of dissolution and final summary report required
490     under Section 20A-11-304 shall continue to file a summary report on January 10 of each year.
491          (2) (a) Each summary report shall include the following information as of December 31
492     of the previous year:
493          (i) the net balance of the last financial statement, if any;
494          (ii) a single figure equal to the total amount of receipts reported on all interim reports,
495     if any, during the calendar year in which the summary report is due;
496          (iii) a single figure equal to the total amount of expenditures reported on all interim
497     reports, if any, filed during the previous year;
498          (iv) a detailed listing of each receipt, contribution, and public service assistance since
499     the last summary report that has not been reported in detail on an interim report;
500          (v) for each nonmonetary contribution:
501          (A) the fair market value of the contribution with that information provided by the
502     contributor; and
503          (B) a specific description of the contribution;
504          (vi) a detailed listing of each expenditure made since the last summary report that has
505     not been reported in detail on an interim report;
506          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
507          (viii) a net balance for the year consisting of the net balance from the last summary
508     report, if any, plus all receipts minus all expenditures; and
509          (ix) the name of a political action committee for which the legislative office candidate
510     is designated as an officer who has primary decision-making authority under Section
511     20A-11-601.
512          [(b) (i) For all individual contributions or public service assistance of $50 or less, a
513     single aggregate figure may be reported without separate detailed listings.]
514          [(ii) Two or more contributions from the same source that have an aggregate total of
515     more than $50 may not be reported in the aggregate, but shall be reported separately.]
516          [(c)] (b) In preparing the report, all receipts and expenditures shall be reported as of
517     December 31 of the previous year.
518          [(d)] (c) A check or negotiable instrument received by a legislative office candidate on
519     or before December 31 of the previous year shall be included in the summary report.
520          (3) The legislative office candidate shall certify in the summary report that to the best
521     of the candidate's knowledge, all receipts and all expenditures have been reported as of
522     December 31 of the previous year and that there are no bills or obligations outstanding and
523     unpaid except as set forth in that report.
524          Section 6. Section 20A-11-303 is amended to read:
525          20A-11-303. Legislative office candidate and legislative officeholder -- Financial
526     reporting requirements -- Interim reports.
527          (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
528     account required under Subsection 20A-11-301(1)(a)(i).
529          (b) Except as provided in Subsection (1)(d), each legislative office candidate shall file
530     an interim report at the following times in any year in which the candidate has filed a
531     declaration of candidacy for a public office:
532          (i) seven days before the candidate's political convention;
533          (ii) seven days before the regular primary election date;
534          (iii) September 30; and
535          (iv) seven days before the regular general election date.
536          (c) Each legislative office holder who has a campaign account that has not been
537     dissolved under Section 20A-11-304 shall, in an even year, file an interim report at the
538     following times, regardless of whether an election for the legislative office holder's office is
539     held that year:
540          (i) seven days before the political convention for the political party of the legislative
541     office holder;
542          (ii) seven days before the regular primary election date for that year;
543          (iii) September 30; and
544          (iv) seven days before the regular general election date.
545          (d) If a legislative office candidate is a legislative office candidate seeking appointment
546     for a midterm vacancy, the legislative office candidate:
547          (i) shall file an interim report:
548          (A) no later than seven days before the day on which the political party of the party for
549     which the legislative office candidate seeks nomination meets to declare a nominee for the
550     governor to appoint in accordance with Section 20A-1-503; or
551          (B) if a legislative office candidate decides to seek the appointment with less than
552     seven days before the party meets, or the political party schedules the meeting to declare a
553     nominee less than seven days before the day of the meeting, no later than 5 p.m. on the last day
554     of business before the day on which the party meets; and
555          (ii) is not required to file an interim report at the times described in Subsection (1)(b).
556          (2) Each interim report shall include the following information:
557          (a) the net balance of the last summary report, if any;
558          (b) a single figure equal to the total amount of receipts reported on all prior interim
559     reports, if any, during the calendar year in which the interim report is due;
560          (c) a single figure equal to the total amount of expenditures reported on all prior
561     interim reports, if any, filed during the calendar year in which the interim report is due;
562          (d) a detailed listing of each contribution and public service assistance received since
563     the last summary report that has not been reported in detail on a prior interim report;
564          (e) for each nonmonetary contribution:
565          (i) the fair market value of the contribution with that information provided by the
566     contributor; and
567          (ii) a specific description of the contribution;
568          (f) a detailed listing of each expenditure made since the last summary report that has
569     not been reported in detail on a prior interim report;
570          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
571          (h) a net balance for the year consisting of the net balance from the last summary
572     report, if any, plus all receipts since the last summary report minus all expenditures since the
573     last summary report;
574          (i) a summary page in the form required by the lieutenant governor that identifies:
575          (i) beginning balance;
576          (ii) total contributions during the period since the last statement;
577          (iii) total contributions to date;
578          (iv) total expenditures during the period since the last statement; and
579          (v) total expenditures to date; and
580          (j) the name of a political action committee for which the legislative office candidate or
581     legislative office holder is designated as an officer who has primary decision-making authority
582     under Section 20A-11-601.
583          [(3) (a) For all individual contributions or public service assistance of $50 or less, a
584     single aggregate figure may be reported without separate detailed listings.]
585          [(b) Two or more contributions from the same source that have an aggregate total of
586     more than $50 may not be reported in the aggregate, but shall be reported separately.]
587          [(4)] (3) (a) In preparing each interim report, all receipts and expenditures shall be
588     reported as of five days before the required filing date of the report.
589          (b) Any negotiable instrument or check received by a legislative office candidate or
590     legislative office holder more than five days before the required filing date of a report required
591     by this section shall be included in the interim report.
592          Section 7. Section 20A-11-401 is amended to read:
593          20A-11-401. Officeholder financial reporting requirements -- Year-end summary
594     report -- Officeholder as a political action committee officer -- Anonymous contribution
595     or public service assistance.
596          (1) (a) Each officeholder shall file a summary report by January 10 of each year.
597          (b) An officeholder that is required to file a summary report both as an officeholder and
598     as a candidate for office under the requirements of this chapter may file a single summary
599     report as a candidate and an officeholder, provided that the combined report meets the
600     requirements of:
601          (i) this section; and
602          (ii) the section that provides the requirements for the summary report filed by the
603     officeholder in the officeholder's capacity of a candidate for office.
604          (2) (a) Each summary report shall include the following information as of December 31
605     of the previous year:
606          (i) the net balance of the last summary report, if any;
607          (ii) a single figure equal to the total amount of receipts received since the last summary
608     report, if any;
609          (iii) a single figure equal to the total amount of expenditures made since the last
610     summary report, if any;
611          (iv) a detailed listing of each contribution and public service assistance received since
612     the last summary report;
613          (v) for each nonmonetary contribution:
614          (A) the fair market value of the contribution with that information provided by the
615     contributor; and
616          (B) a specific description of the contribution;
617          (vi) a detailed listing of each expenditure made since the last summary report;
618          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
619          (viii) a net balance for the year consisting of the net balance from the last summary
620     report plus all receipts minus all expenditures; and
621          (ix) the name of a political action committee for which the officeholder is designated
622     as an officer who has primary decision-making authority under Section 20A-11-601.
623          [(b) (i) For all individual contributions or public service assistance of $50 or less, a
624     single aggregate figure may be reported without separate detailed listings.]
625          [(ii) Two or more contributions from the same source that have an aggregate total of
626     more than $50 may not be reported in the aggregate, but shall be reported separately.]
627          [(c)] (b) In preparing the report, all receipts and expenditures shall be reported as of
628     December 31 of the previous year.
629          (3) The summary report shall contain a paragraph signed by the officeholder certifying
630     that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
631     reported as of December 31 of the last calendar year and that there are no bills or obligations
632     outstanding and unpaid except as set forth in that report.
633          (4) An officeholder may:
634          (a) receive public service assistance from a political action committee registered under
635     Section 20A-11-601; and
636          (b) be designated by a political action committee as an officer who has primary
637     decision-making authority as described in Section 20A-11-601.
638          (5) Within 30 days after receiving a contribution or public service assistance that is
639     cash or a negotiable instrument, exceeds $50, and is from an unknown source, an officeholder
640     shall disburse the amount of the contribution or public service assistance to:
641          (a) the treasurer of the state or a political subdivision for deposit into the state's or
642     political subdivision's general fund; or
643          (b) an organization that is exempt from federal income taxation under Section
644     501(c)(3), Internal Revenue Code.
645          Section 8. Section 20A-11-1302 is amended to read:
646          20A-11-1302. School board office candidate -- Financial reporting requirements
647     -- Year-end summary report.
648          (1) (a) Each school board office candidate shall file a summary report by January 10 of
649     the year after the regular general election year.
650          (b) In addition to the requirements of Subsection (1)(a), a former school board office
651     candidate that has not filed the statement of dissolution and final summary report required
652     under Section 20A-11-1304 shall continue to file a summary report on January 10 of each year.
653          (2) (a) Each summary report shall include the following information as of December 31
654     of the previous year:
655          (i) the net balance of the last financial statement, if any;
656          (ii) a single figure equal to the total amount of receipts reported on all interim reports,
657     if any, during the previous year;
658          (iii) a single figure equal to the total amount of expenditures reported on all interim
659     reports, if any, filed during the previous year;
660          (iv) a detailed listing of each receipt, contribution, and public service assistance since
661     the last summary report that has not been reported in detail on an interim report;
662          (v) for each nonmonetary contribution:
663          (A) the fair market value of the contribution with that information provided by the
664     contributor; and
665          (B) a specific description of the contribution;
666          (vi) a detailed listing of each expenditure made since the last summary report that has
667     not been reported in detail on an interim report;
668          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
669          (viii) a net balance for the year consisting of the net balance from the last summary
670     report, if any, plus all receipts minus all expenditures; and
671          (ix) the name of a political action committee for which the school board office
672     candidate is designated as an officer who has primary decision-making authority under Section
673     20A-11-601.
674          [(b) (i) For all individual contributions or public service assistance of $50 or less, a
675     single aggregate figure may be reported without separate detailed listings.]
676          [(ii) Two or more contributions from the same source that have an aggregate total of
677     more than $50 may not be reported in the aggregate, but shall be reported separately.]
678          [(c)] (b) In preparing the report, all receipts and expenditures shall be reported as of
679     December 31 of the previous year.
680          [(d)] (c) A check or negotiable instrument received by a school board office candidate
681     on or before December 31 of the previous year shall be included in the summary report.
682          (3) The school board office candidate shall certify in the summary report that, to the
683     best of the school board office candidate's knowledge, all receipts and all expenditures have
684     been reported as of December 31 of the previous year and that there are no bills or obligations
685     outstanding and unpaid except as set forth in that report.
686          Section 9. Section 20A-11-1303 is amended to read:
687          20A-11-1303. School board office candidate and school board officeholder --
688     Financial reporting requirements -- Interim reports.
689          (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
690     account required under Subsection 20A-11-1301(1)(a)(i).
691          (b) Each school board office candidate shall file an interim report at the following
692     times in any year in which the candidate has filed a declaration of candidacy for a public office:
693          (i) May 15;
694          (ii) seven days before the regular primary election date;
695          (iii) September 30; and
696          (iv) seven days before the regular general election date.
697          (c) Each school board office holder who has a campaign account that has not been
698     dissolved under Section 20A-11-1304 shall, in an even year, file an interim report at the
699     following times, regardless of whether an election for the school board office holder's office is
700     held that year:
701          (i) May 15;
702          (ii) seven days before the regular primary election date for that year;
703          (iii) September 30; and
704          (iv) seven days before the regular general election date.
705          (2) Each interim report shall include the following information:
706          (a) the net balance of the last summary report, if any;
707          (b) a single figure equal to the total amount of receipts reported on all prior interim
708     reports, if any, during the calendar year in which the interim report is due;
709          (c) a single figure equal to the total amount of expenditures reported on all prior
710     interim reports, if any, filed during the calendar year in which the interim report is due;
711          (d) a detailed listing of each contribution and public service assistance received since
712     the last summary report that has not been reported in detail on a prior interim report;
713          (e) for each nonmonetary contribution:
714          (i) the fair market value of the contribution with that information provided by the
715     contributor; and
716          (ii) a specific description of the contribution;
717          (f) a detailed listing of each expenditure made since the last summary report that has
718     not been reported in detail on a prior interim report;
719          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
720          (h) a net balance for the year consisting of the net balance from the last summary
721     report, if any, plus all receipts since the last summary report minus all expenditures since the
722     last summary report;
723          (i) a summary page in the form required by the lieutenant governor that identifies:
724          (i) beginning balance;
725          (ii) total contributions during the period since the last statement;
726          (iii) total contributions to date;
727          (iv) total expenditures during the period since the last statement; and
728          (v) total expenditures to date; and
729          (j) the name of a political action committee for which the school board office candidate
730     or school board office holder is designated as an officer who has primary decision-making
731     authority under Section 20A-11-601.
732          [(3) (a) For all individual contributions or public service assistance of $50 or less, a
733     single aggregate figure may be reported without separate detailed listings.]
734          [(b) Two or more contributions from the same source that have an aggregate total of
735     more than $50 may not be reported in the aggregate, but shall be reported separately.]
736          [(4)] (3) (a) In preparing each interim report, all receipts and expenditures shall be
737     reported as of five days before the required filing date of the report.
738          (b) Any negotiable instrument or check received by a school board office candidate or
739     school board office holder more than five days before the required filing date of a report
740     required by this section shall be included in the interim report.