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7 LONG TITLE
8 General Description:
9 This bill amends Title 20A, Chapter 11, Campaign and Financial Reporting
10 Requirements, by establishing and enforcing political contribution limits.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ establishes political contributions limits;
15 ▸ makes it a class B misdemeanor to violate a political contribution limit described in
16 this bill; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-11-101, as last amended by Laws of Utah 2017, Chapter 452
25 ENACTS:
26 20A-11-604, Utah Code Annotated 1953
27 20A-11-706, Utah Code Annotated 1953
28 20A-11-1504, Utah Code Annotated 1953
29 20A-11-1801, Utah Code Annotated 1953
30 20A-11-1802, Utah Code Annotated 1953
31 20A-11-1803, Utah Code Annotated 1953
32 20A-11-1804, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 20A-11-101 is amended to read:
36 20A-11-101. Definitions.
37 As used in this chapter:
38 (1) "Address" means the number and street where an individual resides or where a
39 reporting entity has its principal office.
40 (2) "Agent of a reporting entity" means:
41 (a) a person acting on behalf of a reporting entity at the direction of the reporting
42 entity;
43 (b) a person employed by a reporting entity in the reporting entity's capacity as a
44 reporting entity;
45 (c) the personal campaign committee of a candidate or officeholder;
46 (d) a member of the personal campaign committee of a candidate or officeholder in the
47 member's capacity as a member of the personal campaign committee of the candidate or
48 officeholder; or
49 (e) a political consultant of a reporting entity.
50 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
51 amendments, and any other ballot propositions submitted to the voters that are authorized by
52 the Utah Code [
53 (4) "Candidate" means any person who:
54 (a) files a declaration of candidacy for a public office; or
55 (b) receives contributions, makes expenditures, or gives consent for any other person to
56 receive contributions or make expenditures to bring about the person's nomination or election
57 to a public office.
58 (5) "Chief election officer" means:
59 (a) the lieutenant governor for state office candidates, legislative office candidates,
60 officeholders, political parties, political action committees, corporations, political issues
61 committees, state school board candidates, judges, and labor organizations, as defined in
62 Section 20A-11-1501; and
63 (b) the county clerk for local school board candidates.
64 (6) (a) "Contribution" means any of the following when done for political purposes:
65 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
66 value given to the filing entity;
67 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
68 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
69 anything of value to the filing entity;
70 (iii) any transfer of funds from another reporting entity to the filing entity;
71 (iv) compensation paid by any person or reporting entity other than the filing entity for
72 personal services provided without charge to the filing entity;
73 (v) remuneration from:
74 (A) any organization or its directly affiliated organization that has a registered lobbyist;
75 or
76 (B) any agency or subdivision of the state, including school districts;
77 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
78 (vii) in-kind contributions.
79 (b) "Contribution" does not include:
80 (i) services provided by individuals volunteering a portion or all of their time on behalf
81 of the filing entity if the services are provided without compensation by the filing entity or any
82 other person;
83 (ii) money lent to the filing entity by a financial institution in the ordinary course of
84 business; or
85 (iii) goods or services provided for the benefit of a candidate or political party at less
86 than fair market value that are not authorized by or coordinated with the candidate or political
87 party.
88 (7) "Contribution cycle" means a two-year period that:
89 (a) begins on January 1 of each odd-numbered year; and
90 (b) ends on December 31 of the even-numbered year immediately following the
91 odd-numbered year described in Subsection (7)(a).
92 [
93 candidate or political party are provided:
94 (a) with the candidate's or political party's prior knowledge, if the candidate or political
95 party does not object;
96 (b) by agreement with the candidate or political party;
97 (c) in coordination with the candidate or political party; or
98 (d) using official logos, slogans, and similar elements belonging to a candidate or
99 political party.
100 [
101 organization that is registered as a corporation or is authorized to do business in a state and
102 makes any expenditure from corporate funds for:
103 (i) the purpose of expressly advocating for political purposes; or
104 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
105 proposition.
106 (b) "Corporation" does not mean:
107 (i) a business organization's political action committee or political issues committee; or
108 (ii) a business entity organized as a partnership or a sole proprietorship.
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110 persons within a single county who, under definitions established by the political party, are
111 members of the registered political party.
112 [
113 be submitted by a county political party to the lieutenant governor in accordance with Section
114 20A-8-402.
115 [
116 (a) for each contribution or public service assistance:
117 (i) the name and address of the individual or source making the contribution or public
118 service assistance, except to the extent that the name or address of the individual or source is
119 unknown;
120 (ii) the amount or value of the contribution or public service assistance; and
121 (iii) the date the contribution or public service assistance was made; and
122 (b) for each expenditure:
123 (i) the amount of the expenditure;
124 (ii) the person or entity to whom it was disbursed;
125 (iii) the specific purpose, item, or service acquired by the expenditure; and
126 (iv) the date the expenditure was made.
127 [
128 assessment for membership in the corporation, to a corporation without receiving full and
129 adequate consideration for the money.
130 (b) "Donor" does not include a person that signs a statement that the corporation may
131 not use the money for an expenditure or political issues expenditure.
132 [
133 (a) regular general election;
134 (b) regular primary election; and
135 (c) special election at which candidates are eliminated and selected.
136 [
137 (a) has at least a value of $10,000;
138 (b) clearly identifies a candidate or judge; and
139 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
140 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
141 identified candidate's or judge's election date.
142 [
143 an agent of a reporting entity on behalf of the reporting entity:
144 (i) any disbursement from contributions, receipts, or from the separate bank account
145 required by this chapter;
146 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
147 or anything of value made for political purposes;
148 (iii) an express, legally enforceable contract, promise, or agreement to make any
149 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
150 value for political purposes;
151 (iv) compensation paid by a filing entity for personal services rendered by a person
152 without charge to a reporting entity;
153 (v) a transfer of funds between the filing entity and a candidate's personal campaign
154 committee; or
155 (vi) goods or services provided by the filing entity to or for the benefit of another
156 reporting entity for political purposes at less than fair market value.
157 (b) "Expenditure" does not include:
158 (i) services provided without compensation by individuals volunteering a portion or all
159 of their time on behalf of a reporting entity;
160 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
161 business; or
162 (iii) anything listed in Subsection [
163 candidates for office or officeholders in states other than Utah.
164 [
165 States Senator, or United States Representative.
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167 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
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169 financial statement, or other statement disclosing contributions, expenditures, receipts,
170 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
171 Retention Elections.
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173 determine the candidates and committees that will receive expenditures from a political action
174 committee, political party, or corporation.
175 [
176 Municipal Incorporation, by which a geographical area becomes legally recognized as a city,
177 town, or metro township.
178 [
179 10-2a-210, 10-2a-304, or 10-2a-404.
180 [
181 10-2a-302, or 10-2a-302.5.
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183 [
184 accepted by or coordinated with a filing entity.
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186 expenditures made since the last report.
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188 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
189 assistant whip of any party caucus in either house of the Legislature.
190 [
191 (a) files a declaration of candidacy for the office of state senator or state representative;
192 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
193 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
194 assistant whip of any party caucus in either house of the Legislature; or
195 (c) receives contributions, makes expenditures, or gives consent for any other person to
196 receive contributions or make expenditures to bring about the person's nomination, election, or
197 appointment to a legislative office.
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199 that have the greatest number of members elected to the two houses of the Legislature.
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201 [
202 governing board of a registered political party.
203 [
204 business organizations, personal campaign committees, party committees, political action
205 committees, political issues committees, and labor organizations, as defined in Section
206 20A-11-1501.
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208 candidate to act for the candidate as provided in this chapter.
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210 20A-11-104.
211 [
212 individuals or entities within or outside this state, a major purpose of which is to:
213 (i) solicit or receive contributions from any other person, group, or entity for political
214 purposes; or
215 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
216 vote for or against any candidate or person seeking election to a municipal or county office.
217 (b) "Political action committee" includes groups affiliated with a registered political
218 party but not authorized or organized by the governing board of the registered political party
219 that receive contributions or makes expenditures for political purposes.
220 (c) "Political action committee" does not mean:
221 (i) a party committee;
222 (ii) any entity that provides goods or services to a candidate or committee in the regular
223 course of its business at the same price that would be provided to the general public;
224 (iii) an individual;
225 (iv) individuals who are related and who make contributions from a joint checking
226 account;
227 (v) a corporation, except a corporation a major purpose of which is to act as a political
228 action committee; or
229 (vi) a personal campaign committee.
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231 or paid by another person on behalf of and with the knowledge of the reporting entity, to
232 provide political advice to the reporting entity.
233 (b) "Political consultant" includes a circumstance described in Subsection [
234 (36)(a), where the person:
235 (i) has already been paid, with money or other consideration;
236 (ii) expects to be paid in the future, with money or other consideration; or
237 (iii) understands that the person may, in the discretion of the reporting entity or another
238 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
239 money or other consideration.
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241 a registered political party to select candidates.
242 [
243 or entities within or outside this state, a major purpose of which is to:
244 (i) solicit or receive donations from any other person, group, or entity to assist in
245 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
246 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
247 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
248 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
249 proposed ballot proposition or an incorporation in an incorporation election; or
250 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
251 ballot or to assist in keeping a ballot proposition off the ballot.
252 (b) "Political issues committee" does not mean:
253 (i) a registered political party or a party committee;
254 (ii) any entity that provides goods or services to an individual or committee in the
255 regular course of its business at the same price that would be provided to the general public;
256 (iii) an individual;
257 (iv) individuals who are related and who make contributions from a joint checking
258 account;
259 (v) a corporation, except a corporation a major purpose of which is to act as a political
260 issues committee; or
261 (vi) a group of individuals who:
262 (A) associate together for the purpose of challenging or supporting a single ballot
263 proposition, ordinance, or other governmental action by a county, city, town, local district,
264 special service district, or other local political subdivision of the state;
265 (B) have a common liberty, property, or financial interest that is directly impacted by
266 the ballot proposition, ordinance, or other governmental action;
267 (C) do not associate together, for the purpose described in Subsection [
268 (38)(b)(vi)(A), via a legal entity;
269 (D) do not receive funds for challenging or supporting the ballot proposition,
270 ordinance, or other governmental action from a person other than an individual in the group;
271 and
272 (E) do not expend a total of more than $5,000 for the purpose described in Subsection
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274 [
275 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
276 anything of value given to a political issues committee;
277 (ii) an express, legally enforceable contract, promise, or agreement to make a political
278 issues donation to influence the approval or defeat of any ballot proposition;
279 (iii) any transfer of funds received by a political issues committee from a reporting
280 entity;
281 (iv) compensation paid by another reporting entity for personal services rendered
282 without charge to a political issues committee; and
283 (v) goods or services provided to or for the benefit of a political issues committee at
284 less than fair market value.
285 (b) "Political issues contribution" does not include:
286 (i) services provided without compensation by individuals volunteering a portion or all
287 of their time on behalf of a political issues committee; or
288 (ii) money lent to a political issues committee by a financial institution in the ordinary
289 course of business.
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291 a political issues committee or on behalf of a political issues committee by an agent of the
292 reporting entity:
293 (i) any payment from political issues contributions made for the purpose of influencing
294 the approval or the defeat of:
295 (A) a ballot proposition; or
296 (B) an incorporation petition or incorporation election;
297 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
298 the express purpose of influencing the approval or the defeat of:
299 (A) a ballot proposition; or
300 (B) an incorporation petition or incorporation election;
301 (iii) an express, legally enforceable contract, promise, or agreement to make any
302 political issues expenditure;
303 (iv) compensation paid by a reporting entity for personal services rendered by a person
304 without charge to a political issues committee; or
305 (v) goods or services provided to or for the benefit of another reporting entity at less
306 than fair market value.
307 (b) "Political issues expenditure" does not include:
308 (i) services provided without compensation by individuals volunteering a portion or all
309 of their time on behalf of a political issues committee; or
310 (ii) money lent to a political issues committee by a financial institution in the ordinary
311 course of business.
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313 influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
314 for or against any:
315 (a) candidate or a person seeking a municipal or county office at any caucus, political
316 convention, or election; or
317 (b) judge standing for retention at any election.
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319 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
320 ballot proposition that has legally qualified for placement on the ballot, which is conducted in
321 person or by telephone, facsimile, Internet, postal mail, or email.
322 (b) "Poll" does not include:
323 (i) a ballot; or
324 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
325 (A) the focus group consists of more than three, and less than thirteen, individuals; and
326 (B) all individuals in the focus group are present during the interview.
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328 election laws.
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330 individuals sharing a common occupation, interest, or association that contribute to a political
331 action committee or political issues committee and whose names can be obtained by contacting
332 the political action committee or political issues committee upon whose financial statement the
333 individuals are listed.
334 [
335 auditor, state treasurer, attorney general, state school board member, state senator, state
336 representative, speaker of the House of Representatives, president of the Senate, and the leader,
337 whip, and assistant whip of any party caucus in either house of the Legislature.
338 [
339 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
340 communicate with the officeholder's constituents:
341 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
342 money or anything of value to an officeholder; or
343 (ii) goods or services provided at less than fair market value to or for the benefit of the
344 officeholder.
345 (b) "Public service assistance" does not include:
346 (i) anything provided by the state;
347 (ii) services provided without compensation by individuals volunteering a portion or all
348 of their time on behalf of an officeholder;
349 (iii) money lent to an officeholder by a financial institution in the ordinary course of
350 business;
351 (iv) news coverage or any publication by the news media; or
352 (v) any article, story, or other coverage as part of any regular publication of any
353 organization unless substantially all the publication is devoted to information about the
354 officeholder.
355 [
356 [
357 Lobbyist Disclosure and Regulation Act.
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359 committee that is required by this chapter to file a statement of organization with the Office of
360 the Lieutenant Governor.
361 [
362 committee that is required by this chapter to file a statement of organization with the Office of
363 the Lieutenant Governor.
364 [
365 (a) participated in the last regular general election and polled a total vote equal to 2%
366 or more of the total votes cast for all candidates for the United States House of Representatives
367 for any of its candidates for any office; or
368 (b) has complied with the petition and organizing procedures of Chapter 8, Political
369 Party Formation and Procedures.
370 [
371 (i) made to a legislator for the period the Legislature is in session; and
372 (ii) that is approximately equivalent to an amount a legislator would have earned
373 during the period the Legislature is in session in the legislator's ordinary course of business.
374 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
375 (i) the legislator's primary employer in the ordinary course of business; or
376 (ii) a person or entity in the ordinary course of business:
377 (A) because of the legislator's ownership interest in the entity; or
378 (B) for services rendered by the legislator on behalf of the person or entity.
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380 committee, a judge, a judge's personal campaign committee, an officeholder, a party
381 committee, a political action committee, a political issues committee, a corporation, or a labor
382 organization, as defined in Section 20A-11-1501.
383 [
384 (55) "School board office candidate" means an individual who:
385 (a) files a declaration of candidacy for a school board office; or
386 (b) receives contributions, makes expenditures, or gives consent for any other person to
387 receive contributions or make expenditures, to bring about the individual's nomination,
388 election, or appointment to a school board office.
389 [
390 tangible or intangible asset that comprises the contribution.
391 (b) "Source" means, for political action committees and corporations, the political
392 action committee and the corporation as entities, not the contributors to the political action
393 committee or the owners or shareholders of the corporation.
394 [
395 general, state auditor, and state treasurer.
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397 (a) files a declaration of candidacy for a state office; or
398 (b) receives contributions, makes expenditures, or gives consent for any other person to
399 receive contributions or make expenditures to bring about the person's nomination, election, or
400 appointment to a state office.
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402 reporting entity's contributions and expenditures.
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404 allocate expenditures from a political issues committee.
405 Section 2. Section 20A-11-604 is enacted to read:
406 20A-11-604. Limits on contributions by political action committees.
407 A political action committee may not make contributions totaling more than $100,000
408 per contribution cycle to:
409 (1) one state office candidate;
410 (2) one legislative office candidate;
411 (3) one school board office candidate;
412 (4) one judge;
413 (5) one registered political party;
414 (6) one political action committee; or
415 (7) one labor organization.
416 Section 3. Section 20A-11-706 is enacted to read:
417 20A-11-706. Limits on contributions by corporations.
418 A corporation may not make contributions totaling more than $100,000 per contribution
419 cycle to:
420 (1) one state office candidate;
421 (2) one legislative office candidate;
422 (3) one school board office candidate;
423 (4) one judge;
424 (5) one registered political party;
425 (6) one political action committee; or
426 (7) one labor organization.
427 Section 4. Section 20A-11-1504 is enacted to read:
428 20A-11-1504. Limits on contributions by labor organizations.
429 A labor organization may not make contributions totaling more than $100,000 per
430 contribution cycle to:
431 (1) one state office candidate;
432 (2) one legislative office candidate;
433 (3) one school board office candidate;
434 (4) one judge;
435 (5) one registered political party;
436 (6) one political action committee; or
437 (7) one labor organization.
438 Section 5. Section 20A-11-1801 is enacted to read:
439
440 20A-11-1801. Title.
441 This part is known as "Contribution Limits."
442 Section 6. Section 20A-11-1802 is enacted to read:
443 20A-11-1802. Limits on contributions by an individual.
444 (1) Except as provided in Subsection (2), an individual may not make contributions
445 totaling more than $50,000 per contribution cycle to:
446 (a) one state office candidate;
447 (b) one legislative office candidate;
448 (c) one school board office candidate;
449 (d) one judge;
450 (e) one registered political party;
451 (f) one political action committee; or
452 (g) one labor organization.
453 (2) This section does not prohibit an individual from making a contribution of any
454 amount to himself or herself.
455 Section 7. Section 20A-11-1803 is enacted to read:
456 20A-11-1803. Contribution limit transition.
457 A person may not make a contribution between May 8, 2018, and December 31, 2018,
458 in excess of one-third of the applicable contribution limits established in Sections 20A-11-604,
459 20A-11-706, 20A-11-1504, and 20A-11-1802.
460 Section 8. Section 20A-11-1804 is enacted to read:
461 20A-11-1804. Penalty for contributions in excess of limit.
462 (1) A person that makes a contribution in excess of the contribution limits established
463 in Section 20A-11-604, 20A-11-706, 20A-11-1504, 20A-11-1802, or 20A-11-1803 is guilty of
464 a class B misdemeanor.
465 (2) A person that accepts a contribution in excess of the contribution limits established
466 in Section 20A-11-604, 20A-11-706, 20A-11-1504, 20A-11-1802, or 20A-11-1803 is guilty of
467 a class B misdemeanor.
Legislative Review Note
Office of Legislative Research and General Counsel