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7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 Legislative Vote: 12 voting for 0 voting against 3 absent
11 General Description:
12 This bill amends provisions relating to elections and campaigns.
13 Highlighted Provisions:
14 This bill:
15 ▸ defines terms;
16 ▸ amends notice requirements in the Utah Municipal Code;
17 ▸ addresses provisions relating to a ballot voted by a voter who moves within a
18 county;
19 ▸ corrects an error relating to the deadline to file a request to prepare a written
20 argument for or against a special local ballot proposition;
21 ▸ modifies the filing fee for a vice presidential candidate;
22 ▸ provides signature and form requirements for a nomination petition for municipal
23 office;
24 ▸ amends provisions relating to an address reported under Title 20A, Chapter 11,
25 Campaign and Financial Reporting Requirements;
26 ▸ expands campaign coordination provisions to a political action committee and a
27 political issues committee;
28 ▸ extends the deadline for the lieutenant governor to review certain campaign
29 disclosures;
30 ▸ amends provisions relating to the use of public email for a political purpose;
31 ▸ establishes a procedure for the selection of presidential electors for unaffiliated or
32 write-in candidates; and
33 ▸ makes technical and conforming amendments.
34 Money Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 10-2-415, as last amended by Laws of Utah 2019, Chapter 255
41 10-2-708, as last amended by Laws of Utah 2019, Chapter 255
42 10-2a-210, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
43 by Coordination Clause, Laws of Utah 2019, Chapter 165
44 10-2a-213, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
45 by Coordination Clause, Laws of Utah 2019, Chapter 165
46 10-2a-214, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
47 by Coordination Clause, Laws of Utah 2019, Chapter 165
48 10-2a-215, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
49 by Coordination Clause, Laws of Utah 2019, Chapter 165
50 20A-2-307, as last amended by Laws of Utah 2018, Chapter 206
51 20A-7-402, as last amended by Laws of Utah 2019, Chapters 203, 255 and last
52 amended by Coordination Clause, Laws of Utah 2019, Chapter 203
53 20A-9-201, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
54 20A-9-202, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
55 20A-9-203, as last amended by Laws of Utah 2019, Chapters 142, 255, 258, and 305
56 20A-9-403, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
57 20A-9-406, as last amended by Laws of Utah 2018, Chapter 274
58 20A-9-503, as last amended by Laws of Utah 2018, Chapter 11
59 20A-11-101, as last amended by Laws of Utah 2019, Chapters 155 and 165
60 20A-11-206, as last amended by Laws of Utah 2019, Chapter 74
61 20A-11-305, as last amended by Laws of Utah 2016, Chapter 16
62 20A-11-403, as last amended by Laws of Utah 2019, Chapter 74
63 20A-11-508, as last amended by Laws of Utah 2015, Chapter 204
64 20A-11-512, as last amended by Laws of Utah 2019, Chapter 74
65 20A-11-601, as last amended by Laws of Utah 2019, Chapters 176, 255, 284 and last
66 amended by Coordination Clause, Laws of Utah 2019, Chapter 176
67 20A-11-603, as last amended by Laws of Utah 2019, Chapters 74 and 116
68 20A-11-703, as last amended by Laws of Utah 2013, Chapter 420
69 20A-11-801, as last amended by Laws of Utah 2019, Chapters 116, 255, and 284
70 20A-11-803, as last amended by Laws of Utah 2019, Chapter 74
71 20A-11-1205, as last amended by Laws of Utah 2019, Chapter 203
72 20A-11-1305, as last amended by Laws of Utah 2018, Chapter 19
73 20A-11-1503, as last amended by Laws of Utah 2013, Chapter 420
74 20A-11-1605, as last amended by Laws of Utah 2019, Chapter 266
75 20A-13-301, as last amended by Laws of Utah 2019, Chapter 255
76 20A-13-302, as last amended by Laws of Utah 2001, Chapter 78
77 20A-13-303, as last amended by Laws of Utah 2001, Chapter 78
78 20A-13-304, as enacted by Laws of Utah 1995, Chapter 1
79 36-11-103, as last amended by Laws of Utah 2019, Chapter 339
80
81 Be it enacted by the Legislature of the state of Utah:
82 Section 1. Section 10-2-415 is amended to read:
83 10-2-415. Public hearing -- Notice.
84 (1) (a) If the results of the feasibility study or supplemental feasibility study meet the
85 requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area
86 located in a county of the first class, the commission shall hold a public hearing within 30 days
87 after the day on which the commission receives the feasibility study or supplemental feasibility
88 study results.
89 (b) At the public hearing described in Subsection (1)(a), the commission shall:
90 (i) require the feasibility consultant to present the results of the feasibility study and, if
91 applicable, the supplemental feasibility study;
92 (ii) allow those present to ask questions of the feasibility consultant regarding the study
93 results; and
94 (iii) allow those present to speak to the issue of annexation.
95 (2) The commission shall publish notice of the public hearing described in Subsection
96 (1)(a):
97 (a) (i) at least once a week for two successive weeks before the public hearing in a
98 newspaper of general circulation within the area proposed for annexation, the surrounding 1/2
99 mile of unincorporated area, and the proposed annexing municipality;
100 (ii) if there is no newspaper of general circulation within the combined area described
101 in Subsection (2)(a)(i), at least two weeks before the day of the public hearing, by posting one
102 notice, and at least one additional notice per 2,000 population within the combined area, in
103 places within the combined area that are most likely to give notice of the public hearing to the
104 residents within, and the owners of real property located within, the combined area; or
105 (iii) by mailing notice to each residence within, and to each owner of real property
106 located within, the combined area described in Subsection (2)(a)(i);
107 (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks
108 before the day of the public hearing;
109 (c) in accordance with Section 45-1-101, for two weeks before the day of the public
110 hearing;
111 (d) by sending written notice of the public hearing to the municipal legislative body of
112 the proposed annexing municipality, the contact sponsor on the annexation petition, each entity
113 that filed a protest, and, if a protest was filed under Subsection 10-2-407(1)(c), the contact
114 person; [
115 (e) if the municipality has a website, on the municipality's website for two weeks
116 before the day of the public hearing[
117 (f) on the county's website for two weeks before the day of the public hearing.
118 (3) The notice described in Subsection (2) shall:
119 (a) be entitled, "notice of annexation hearing";
120 (b) state the name of the annexing municipality;
121 (c) describe the area proposed for annexation; and
122 (d) specify the following sources where an individual may obtain a copy of the
123 feasibility study conducted in relation to the proposed annexation:
124 (i) if the municipality has a website, the municipality's website;
125 (ii) a municipality's physical address; and
126 (iii) a mailing address and telephone number.
127 (4) Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has
128 expired with respect to a proposed annexation of an area located in a specified county, the
129 boundary commission shall hold a hearing on all protests that were filed with respect to the
130 proposed annexation.
131 (5) At least 14 days before the date of a hearing described in Subsection(4), the
132 commission chair shall publish notice of the hearing:
133 (a) (i) in a newspaper of general circulation within the area proposed for annexation;
134 (ii) if there is no newspaper of general circulation within the area proposed for
135 annexation, by posting one notice, and at least one additional notice per 2,000 population
136 within the area in places within the area that are most likely to give notice of the hearing to the
137 residents within, and the owners of real property located within, the area; or
138 (iii) mailing notice to each resident within, and each owner of real property located
139 within, the area proposed for annexation;
140 (b) on the Utah Public Notice Website created in Section 63F-1-701, for 14 days before
141 the day of the hearing;
142 (c) in accordance with Section 45-1-101, for 14 days before the day of the hearing;
143 [
144 (d) if the municipality has a website, on the municipality's website for two weeks
145 before the day of the public hearing; and
146 [
147 (6) Each notice described in Subsection (5) shall state the date, time, and place of the
148 hearing;
149 (a) briefly summarize the nature of the protest; and
150 (b) state that a copy of the protest is on file at the commission's office.
151 (7) The commission may continue a hearing under Subsection (4) from time to time,
152 but no continued hearing may be held later than 60 days after the original hearing date.
153 (8) In considering protests, the commission shall consider whether the proposed
154 annexation:
155 (a) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
156 annexation policy plan of the proposed annexing municipality;
157 (b) conflicts with the annexation policy plan of another municipality; and
158 (c) if the proposed annexation includes urban development, will have an adverse tax
159 consequence on the remaining unincorporated area of the county.
160 (9) (a) The commission shall record each hearing under this section by electronic
161 means.
162 (b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
163 applicable, information received at the hearing, and the written decision of the commission
164 shall constitute the record of the hearing.
165 Section 2. Section 10-2-708 is amended to read:
166 10-2-708. Notice of disincorporation -- Publication and filing.
167 When a municipality has been dissolved, the clerk of the court shall publish notice of
168 the dissolution:
169 (1) (a) in a newspaper of general circulation in the county in which the municipality is
170 located at least once a week for four consecutive weeks;
171 (b) if there is no newspaper of general circulation in the county in which the
172 municipality is located, by posting one notice, and at least one additional notice per 2,000
173 population of the county in places within the county that are most likely to give notice to the
174 residents within, and the owners of real property located within, the county, including the
175 residents and owners within the municipality that is dissolved; or
176 (c) by mailing notice to each residence within, and each owner of real property located
177 within, the county;
178 (2) on the Utah Public Notice Website created in Section 63F-1-701, for four weeks;
179 (3) in accordance with Section 45-1-101, for four weeks; [
180 (4) if the municipality has a website, on the municipality's website for four weeks; and
181 [
182 Section 3. Section 10-2a-210 is amended to read:
183 10-2a-210. Incorporation election.
184 (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
185 the lieutenant governor shall schedule an incorporation election for the proposed municipality
186 described in the petition to be held on the date of the next regular general election described in
187 Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
188 is at least 65 days after the day on which the lieutenant governor certifies the petition.
189 (b)(i) The lieutenant governor shall direct the county legislative body of the county in
190 which the proposed municipality is located to hold the election on the date that the lieutenant
191 governor schedules under Subsection (1)(a).
192 (ii) The county shall hold the election as directed by the lieutenant governor under
193 Subsection (1)(b)(i).
194 (2) The county clerk shall publish notice of the election:
195 (a) (i) in a newspaper of general circulation within the area proposed to be incorporated
196 at least once a week for three successive weeks before the election;
197 (ii) if there is no newspaper of general circulation in the area proposed to be
198 incorporated, at least three weeks before the day of the election, by posting one notice, and at
199 least one additional notice per 2,000 population of the area proposed to be incorporated, in
200 places within the area proposed to be incorporated that are most likely to give notice to the
201 voters within the area proposed to be incorporated; or
202 (iii) at least three weeks before the day of the election, by mailing notice to each
203 registered voter in the area proposed to be incorporated;
204 (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
205 before the day of the election;
206 (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
207 [
208 (d) if the proposed municipality has a website, on the proposed municipality's website
209 for three weeks before the day of the election; and
210 [
211 (3) (a) The notice required by Subsection (2) shall contain:
212 (i) a statement of the contents of the petition;
213 (ii) a description of the area proposed to be incorporated as a municipality;
214 (iii) a statement of the date and time of the election and the location of polling places;
215 and
216 (iv) except as provided in Subsection (3)(c), the feasibility study summary described in
217 Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
218 lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
219 (b) The last notice required to be published under Subsection (2)(a)(i) shall be
220 published at least one day, but no more than seven days, before the day of the election.
221 (c) Instead of publishing the feasibility summary under Subsection (3)(a)(iv), the notice
222 may include a statement that specifies the following sources where a registered voter in area
223 proposed to be incorporated may view or obtain a copy the feasibility study:
224 (i) the lieutenant governor's website;
225 (ii) the physical address of the Office of the Lieutenant Governor; and
226 (iii) a mailing address and telephone number.
227 (4) An individual may not vote in an incorporation election under this section unless
228 the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
229 boundaries of the proposed municipality.
230 (5) If a majority of those who vote in an incorporation election held under this section
231 cast votes in favor of incorporation, the area shall incorporate.
232 Section 4. Section 10-2a-213 is amended to read:
233 10-2a-213. Determination of number of council members -- Determination of
234 election districts -- Hearings and notice.
235 (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
236 after the day on which the county conducts the canvass of the election under Section
237 10-2a-212:
238 (a) for the incorporation of a city:
239 (i) if the voters at the incorporation election choose the council-mayor form of
240 government, determine the number of council members that will constitute the city council of
241 the city; and
242 (ii) if the voters at the incorporation election vote to elect council members by district,
243 determine the number of council members to be elected by district and draw the boundaries of
244 those districts, which shall be substantially equal in population; and
245 (b) for the incorporation of any municipality:
246 (i) determine the initial terms of the mayor and members of the municipal council so
247 that:
248 (A) the mayor and approximately half the members of the municipal council are
249 elected to serve an initial term, of no less than one year, that allows the mayor's and members'
250 successors to serve a full four-year term that coincides with the schedule established in
251 Subsection 10-3-205(1); and
252 (B) the remaining members of the municipal council are elected to serve an initial
253 term, of no less than one year, that allows the members' successors to serve a full four-year
254 term that coincides with the schedule established in Subsection 10-3-205(2); and
255 (ii) submit in writing to the county legislative body the results of the determinations
256 made by the sponsors under Subsections (1)(a) and (b)(i).
257 (2) A newly incorporated town shall operate under the five-member council form of
258 government as defined in Section 10-3b-102.
259 (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
260 sponsors shall hold a public hearing within the future municipality on the applicable issues
261 described in Subsections (1)(a) and (b)(i).
262 (4) The petition sponsors shall publish notice of the public hearing described in
263 Subsection (3):
264 (a) (i) in a newspaper of general circulation within the future municipality at least once
265 a week for two successive weeks before the public hearing;
266 (ii) if there is no newspaper of general circulation in the future municipality, at least
267 two weeks before the day of the public hearing, by posting one notice, and at least one
268 additional notice per 2,000 population of the future municipality, in places within the future
269 municipality that are most likely to give notice to the residents within, and the owners of real
270 property located within, the future municipality; or
271 (iii) at least two weeks before the day of the public hearing, by mailing notice to each
272 residence within, and each owner of real property located within, the future municipality;
273 (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks
274 before the day of the public hearing;
275 (c) in accordance with Section 45-1-101, for at least two weeks before the day of the
276 public hearing; [
277 (d) if the future municipality has a website, for two weeks before the day of the public
278 hearing; and
279 [
280 (5) The last notice required to be published under Subsection (4)(a)(i) shall be
281 published at least three days before the day of the public hearing described in Subsection (3).
282 Section 5. Section 10-2a-214 is amended to read:
283 10-2a-214. Notice of number of commission or council members to be elected and
284 of district boundaries -- Declaration of candidacy for municipal office.
285 (1) Within 20 days after the day on which a county legislative body receives the
286 petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall
287 publish, in accordance with Subsection (2), notice containing:
288 (a) the number of municipal council members to be elected for the new municipality;
289 (b) except as provided in Subsection (3), if some or all of the municipal council
290 members are to be elected by district, a description of the boundaries of those districts;
291 (c) information about the deadline for an individual to file a declaration of candidacy to
292 become a candidate for mayor or municipal council; and
293 (d) information about the length of the initial term of each of the municipal officers.
294 (2) The county clerk shall publish the notice described in Subsection (1):
295 (a) (i) in a newspaper of general circulation within the future municipality at least once
296 a week for two consecutive weeks;
297 (ii) if there is no newspaper of general circulation in the future municipality, by posting
298 one notice, and at least one additional notice per 2,000 population of the future municipality, in
299 places within the future municipality that are most likely to give notice to the residents in the
300 future municipality; or
301 (iii) by mailing notice to each residence in the future municipality;
302 (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks;
303 (c) in accordance with Section 45-1-101, for two weeks; [
304 (d) if the future municipality has a website, on the future municipality's website for two
305 weeks; and
306 [
307 (3) Instead of publishing the district boundaries described in Subsection (1)(b), the
308 notice may include a statement that specifies the following sources where a resident of the
309 future municipality may view or obtain a copy the district:
310 (a) the county website;
311 (b) the physical address of the county offices; and
312 (c) a mailing address and telephone number.
313 (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
314 candidate for mayor or municipal council of a municipality incorporating under this part shall
315 file a declaration of candidacy with the clerk of the county in which the future municipality is
316 located and in accordance with:
317 (a) for an incorporation held on the date of a regular general election, the deadlines for
318 filing a declaration of candidacy under Section 20A-9-202; or
319 (b) for an incorporation held on the date of a municipal general election, the deadlines
320 for filing a declaration of candidacy under Section 20A-9-203.
321 Section 6. Section 10-2a-215 is amended to read:
322 10-2a-215. Election of officers of new municipality -- Primary and final election
323 dates -- County clerk duties -- Candidate duties -- Occupation of office.
324 (1) For the election of municipal officers, the county legislative body shall:
325 (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
326 primary election; and
327 (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
328 final election.
329 (2) Each election described in Subsection (1) shall be held:
330 (a) consistent with the petition sponsors' determination of the length of each council
331 member's initial term; and
332 (b) for the incorporation of a city:
333 (i) appropriate to the form of government chosen by the voters at the incorporation
334 election;
335 (ii) consistent with the voters' decision about whether to elect city council members by
336 district and, if applicable, consistent with the boundaries of those districts as determined by the
337 petition sponsors; and
338 (iii) consistent with the sponsors' determination of the number of city council members
339 to be elected.
340 (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
341 the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
342 (i) regular primary election described in Subsection 20A-1-201.5(1); or
343 (ii) municipal primary election described in Section 20A-9-404.
344 (b) The county shall hold the primary election, if necessary, on the next election date
345 described in Subsection (3)(a) that is after the incorporation election conducted under Section
346 10-2a-210.
347 (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
348 Subsection (1)(b):
349 (i) on the following election date that next follows the date of the incorporation
350 election held under Subsection 10-2a-210(1)(a);
351 (ii) a regular general election described in Section 20A-1-201; or
352 (iii) a regular municipal general election under Section 20A-1-202.
353 (b) The county shall hold the final election on the earliest of the next election date that
354 is listed in Subsection (4)(a)(i), (ii), or (iii):
355 (i) that is after a primary election; or
356 (ii) if there is no primary election, that is at least:
357 (A) 75 days after the incorporation election under Section 10-2a-210; and
358 (B) 65 days after the candidate filing period.
359 (5) The county clerk shall publish notice of an election under this section:
360 (a) (i) in accordance with Subsection (6), at least once a week for two consecutive
361 weeks before the election in a newspaper of general circulation within the future municipality;
362 (ii) if there is no newspaper of general circulation in the future municipality, at least
363 two weeks before the day of the election, by posting one notice, and at least one additional
364 notice per 2,000 population of the future municipality, in places within the future municipality
365 that are most likely to give notice to the voters within the future municipality; or
366 (iii) at least two weeks before the day of the election, by mailing notice to each
367 registered voter within the future municipality;
368 (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks
369 before the day of the election;
370 (c) in accordance with Section 45-1-101, for two weeks before the day of the election;
371 [
372 (d) if the future municipality has a website, on the future municipality's website for two
373 weeks before the day of the election; and
374 [
375 (6) The last notice required to be published under Subsection (5)(a)(i) shall be
376 published at least one day but no more than seven days before the day of the election.
377 (7) Until the municipality is incorporated, the county clerk:
378 (a) is the election officer for all purposes related to the election of municipal officers;
379 (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
380 related to the election of municipal officers for a new municipality that are not otherwise
381 contrary to law;
382 (c) shall require and determine deadlines for municipal office candidates to file
383 campaign financial disclosures in accordance with Section 10-3-208; and
384 (d) shall ensure that the ballot for the election includes each office that is required to be
385 included in the election for officers of the newly incorporated municipality, including the term
386 of each office.
387 (8) An individual who has filed as a candidate for an office described in this section
388 shall comply with:
389 (a) the campaign finance disclosure requirements described in Section 10-3-208; and
390 (b) the requirements and deadlines established by the county clerk under this section.
391 (9) Notwithstanding Section 10-3-201, the officers elected at a final election described
392 in Subsection (4)(a) shall take office:
393 (a) after taking the oath of office; and
394 (b) at noon on the first Monday following the day on which the election official
395 transmits a certificate of nomination or election under the officer's seal to each elected
396 candidate in accordance with Subsection 20A-4-304(4)(b).
397 Section 7. Section 20A-2-307 is amended to read:
398 20A-2-307. County clerks' instructions to election judges.
399 (1) Each county clerk shall instruct election judges to allow a voter to vote a regular
400 ballot if:
401 (a) the voter has moved from one address within a [
402 address within the same [
403 (b) the voter affirms the change of address orally or in writing before the election
404 judges.
405 (2) Each county clerk shall instruct election judges to allow an individual to vote a
406 provisional ballot if:
407 (a) the individual is not registered to vote, but is otherwise legally entitled to vote
408 under Section 20A-2-207;
409 (b) the voter's name does not appear on the official register; or
410 (c) the voter is challenged as provided in Section 20A-3-202.
411 Section 8. Section 20A-7-402 is amended to read:
412 20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
413 Preparation -- Statement on front cover.
414 (1) The county or municipality that is subject to a ballot proposition shall prepare a
415 local voter information pamphlet that complies with the requirements of this part.
416 (2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
417 that is subject to a special local ballot proposition shall provide a notice that complies with the
418 requirements of Subsection (2)(c)(ii) to the municipality's residents by:
419 (i) if the municipality regularly mails a newsletter, utility bill, or other material to the
420 municipality's residents, including the notice with a newsletter, utility bill, or other material;
421 (ii) posting the notice, until after the deadline described in Subsection (2)(d) has
422 passed, on:
423 (A) the Utah Public Notice Website created in Section 63F-1-701; and
424 (B) the home page of the municipality's website, if the municipality has a website; and
425 (iii) sending the notice electronically to each individual in the municipality for whom
426 the municipality has an email address.
427 (b) A county that is subject to a special local ballot proposition shall:
428 (i) send an electronic notice that complies with the requirements of Subsection
429 (2)(c)(ii) to each individual in the county for whom the county has an email address; or
430 (ii) until after the deadline described in Subsection (2)(d) has passed, post a notice that
431 complies with the requirements of Subsection (2)(c)(ii) on:
432 (A) the Utah Public Notice Website created in Section 63F-1-701; and
433 (B) the home page of the county's website.
434 (c) A municipality or county that mails, sends, or posts a notice under Subsection (2)(a)
435 or (b) shall:
436 (i) mail, send, or post the notice:
437 (A) not less than 90 days before the date of the election at which a special local ballot
438 proposition will be voted upon; or
439 (B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
440 after the special local ballot proposition is approved to be voted upon in an election; and
441 (ii) ensure that the notice contains:
442 (A) the ballot title for the special local ballot proposition;
443 (B) instructions on how to file a request under Subsection (2)(d); and
444 (C) the deadline described in Subsection (2)(d).
445 (d) To prepare a written argument for or against a special local ballot proposition, an
446 eligible voter shall file a request with the election officer before 5 p.m. no later than [
447 days before the day of the election at which the special local ballot proposition is to be voted
448 on.
449 (e) If more than one eligible voter requests the opportunity to prepare a written
450 argument for or against a special local ballot proposition, the election officer shall make the
451 final designation in accordance with the following order of priority:
452 (i) sponsors have priority in preparing an argument regarding a special local ballot
453 proposition; and
454 (ii) members of the local legislative body have priority over others if a majority of the
455 local legislative body supports the written argument.
456 (f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
457 later than [
458 voted on.
459 (g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
460 favor of the special local ballot proposition.
461 (ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
462 proposition who submits a request under Subsection (2)(d) may prepare a written argument
463 against the special local ballot proposition.
464 (h) An eligible voter who submits a written argument under this section in relation to a
465 special local ballot proposition shall:
466 (i) ensure that the written argument does not exceed 500 words in length, not counting
467 the information described in Subsection (2)(h)(ii) or (iv);
468 (ii) list, at the end of the argument, at least one, but no more than five, names as
469 sponsors;
470 (iii) submit the written argument to the election officer before 5 p.m. no later than [
471 55 days before the election day on which the ballot proposition will be submitted to the voters;
472 (iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
473 residential address; and
474 (v) submit with the written argument the eligible voter's name, residential address,
475 postal address, email address if available, and phone number.
476 (i) An election officer shall refuse to accept and publish an argument submitted after
477 the deadline described in Subsection (2)(h)(iii).
478 (3) (a) An election officer who timely receives the written arguments in favor of and
479 against a special local ballot proposition shall, within one business day after the day on which
480 the election office receives both written arguments, send, via mail or email:
481 (i) a copy of the written argument in favor of the special local ballot proposition to the
482 eligible voter who submitted the written argument against the special local ballot proposition;
483 and
484 (ii) a copy of the written argument against the special local ballot proposition to the
485 eligible voter who submitted the written argument in favor of the special local ballot
486 proposition.
487 (b) The eligible voter who submitted a timely written argument in favor of the special
488 local ballot proposition:
489 (i) may submit to the election officer a written rebuttal argument of the written
490 argument against the special local ballot proposition;
491 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
492 not counting the information described in Subsection (3)(h)(ii) or (iv); and
493 (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
494 before the election day on which the special local ballot proposition will be submitted to the
495 voters.
496 (c) The eligible voter who submitted a timely written argument against the special local
497 ballot proposition:
498 (i) may submit to the election officer a written rebuttal argument of the written
499 argument in favor of the special local ballot proposition;
500 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
501 not counting the information described in Subsection (3)(h)(ii) or (iv); and
502 (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
503 before the election day on which the special local ballot proposition will be submitted to the
504 voters.
505 (d) An election officer shall refuse to accept and publish a written rebuttal argument in
506 relation to a special local ballot proposition that is submitted after the deadline described in
507 Subsection (3)(b)(iii) or (3)(c)(iii).
508 (4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
509 proposition:
510 (i) an eligible voter may not modify a written argument or a written rebuttal argument
511 after the eligible voter submits the written argument or written rebuttal argument to the election
512 officer; and
513 (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
514 modify a written argument or a written rebuttal argument.
515 (b) The election officer, and the eligible voter who submits a written argument or
516 written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
517 modify a written argument or written rebuttal argument in order to:
518 (i) correct factual, grammatical, or spelling errors; and
519 (ii) reduce the number of words to come into compliance with the requirements of this
520 section.
521 (c) An election officer shall refuse to accept and publish a written argument or written
522 rebuttal argument in relation to a special local ballot proposition if the eligible voter who
523 submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
524 modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
525 (5) In relation to a special local ballot proposition, an election officer may designate
526 another eligible voter to take the place of an eligible voter described in this section if the
527 original eligible voter is, due to injury, illness, death, or another circumstance, unable to
528 continue to fulfill the duties of an eligible voter described in this section.
529 (6) Sponsors whose written argument in favor of a standard local ballot proposition is
530 included in a proposition information pamphlet under Section 20A-7-401.5:
531 (a) may, if a written argument against the standard local ballot proposition is included
532 in the proposition information pamphlet, submit a written rebuttal argument to the election
533 officer;
534 (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
535 and
536 (c) shall submit the written rebuttal argument no later than 45 days before the election
537 day on which the standard local ballot proposition will be submitted to the voters.
538 (7) (a) A county or municipality that submitted a written argument against a standard
539 local ballot proposition that is included in a proposition information pamphlet under Section
540 20A-7-401.5:
541 (i) may, if a written argument in favor of the standard local ballot proposition is
542 included in the proposition information pamphlet, submit a written rebuttal argument to the
543 election officer;
544 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
545 and
546 (iii) shall submit the written rebuttal argument no later than 45 days before the election
547 day on which the ballot proposition will be submitted to the voters.
548 (b) If a county or municipality submits more than one written rebuttal argument under
549 Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
550 giving preference to a written rebuttal argument submitted by a member of a local legislative
551 body.
552 (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
553 that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
554 (b) Before an election officer publishes a local voter information pamphlet under this
555 section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
556 Records Access and Management Act.
557 (c) An election officer who receives a written rebuttal argument described in this
558 section may not, before publishing the local voter information pamphlet described in this
559 section, disclose the written rebuttal argument, or any information contained in the written
560 rebuttal argument, to any person who may in any way be involved in preparing an opposing
561 rebuttal argument.
562 (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
563 rebuttal argument after the written rebuttal argument is submitted to the election officer.
564 (b) The election officer, and the person who submits a written rebuttal argument, may
565 jointly agree to modify a written rebuttal argument in order to:
566 (i) correct factual, grammatical, or spelling errors; or
567 (ii) reduce the number of words to come into compliance with the requirements of this
568 section.
569 (c) An election officer shall refuse to accept and publish a written rebuttal argument if
570 the person who submits the written rebuttal argument:
571 (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
572 accordance with Subsection (9)(b); or
573 (ii) does not timely submit the written rebuttal argument to the election officer.
574 (d) An election officer shall make a good faith effort to negotiate a modification
575 described in Subsection (9)(b) in an expedited manner.
576 (10) An election officer may designate another person to take the place of a person who
577 submits a written rebuttal argument in relation to a standard local ballot proposition if the
578 person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
579 person's duties.
580 (11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
581 impact estimate and the legal impact statement prepared for each initiative under Section
582 20A-7-502.5.
583 (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
584 include the following statement in bold type:
585 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
586 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
587 increase in the current tax rate."
588 (12) (a) In preparing the local voter information pamphlet, the election officer shall:
589 (i) ensure that the written arguments are printed on the same sheet of paper upon which
590 the ballot proposition is also printed;
591 (ii) ensure that the following statement is printed on the front cover or the heading of
592 the first page of the printed written arguments:
593 "The arguments for or against a ballot proposition are the opinions of the authors.";
594 (iii) pay for the printing and binding of the local voter information pamphlet; and
595 (iv) not less than 15 days before, but not more than 45 days before, the election at
596 which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
597 voter entitled to vote on the ballot proposition:
598 (A) a voter information pamphlet; or
599 (B) the notice described in Subsection (12)(c).
600 (b) (i) If the language of the ballot proposition exceeds 500 words in length, the
601 election officer may summarize the ballot proposition in 500 words or less.
602 (ii) The summary shall state where a complete copy of the ballot proposition is
603 available for public review.
604 (c) (i) The election officer may distribute a notice printed on a postage prepaid,
605 preaddressed return form that a person may use to request delivery of a voter information
606 pamphlet by mail.
607 (ii) The notice described in Subsection (12)(c)(i) shall include:
608 (A) the address of the Statewide Electronic Voter Information Website authorized by
609 Section 20A-7-801; and
610 (B) the phone number a voter may call to request delivery of a voter information
611 pamphlet by mail or carrier.
612 Section 9. Section 20A-9-201 is amended to read:
613 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
614 more than one political party prohibited with exceptions -- General filing and form
615 requirements -- Affidavit of impecuniosity.
616 (1) Before filing a declaration of candidacy for election to any office, an individual
617 shall:
618 (a) be a United States citizen;
619 (b) meet the legal requirements of that office; and
620 (c) if seeking a registered political party's nomination as a candidate for elective office,
621 state:
622 (i) the registered political party of which the individual is a member; or
623 (ii) that the individual is not a member of a registered political party.
624 (2) (a) Except as provided in Subsection (2)(b), an individual may not:
625 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
626 Utah during any election year;
627 (ii) appear on the ballot as the candidate of more than one political party; or
628 (iii) file a declaration of candidacy for a registered political party of which the
629 individual is not a member, except to the extent that the registered political party permits
630 otherwise in the registered political party's bylaws.
631 (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
632 president or vice president of the United States and another office, if the individual resigns the
633 individual's candidacy for the other office after the individual is officially nominated for
634 president or vice president of the United States.
635 (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
636 than one justice court judge office.
637 (iii) An individual may file a declaration of candidacy for lieutenant governor even if
638 the individual filed a declaration of candidacy for another office in the same election year if the
639 individual withdraws as a candidate for the other office in accordance with Subsection
640 20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
641 (3) (a) Except for a candidate for president or vice president of the United States,
642 before the filing officer may accept any declaration of candidacy, the filing officer shall:
643 (i) read to the individual the constitutional and statutory qualification requirements for
644 the office that the individual is seeking;
645 (ii) require the individual to state whether the individual meets the requirements
646 described in Subsection (3)(a)(i); and
647 (iii) if the declaration of candidacy is for a county office, inform the individual that an
648 individual who holds a county elected office may not, at the same time, hold a municipal
649 elected office.
650 (iv) if the declaration of candidacy is for a legislative office, inform the individual that
651 Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
652 or trust, under authority of the United States or Utah, from being a member of the Legislature.
653 (b) Before accepting a declaration of candidacy for the office of county attorney, the
654 county clerk shall ensure that the individual filing that declaration of candidacy is:
655 (i) a United States citizen;
656 (ii) an attorney licensed to practice law in the state who is an active member in good
657 standing of the Utah State Bar;
658 (iii) a registered voter in the county in which the individual is seeking office; and
659 (iv) a current resident of the county in which the individual is seeking office and either
660 has been a resident of that county for at least one year or was appointed and is currently serving
661 as county attorney and became a resident of the county within 30 days after appointment to the
662 office.
663 (c) Before accepting a declaration of candidacy for the office of district attorney, the
664 county clerk shall ensure that, as of the date of the election, the individual filing that
665 declaration of candidacy is:
666 (i) a United States citizen;
667 (ii) an attorney licensed to practice law in the state who is an active member in good
668 standing of the Utah State Bar;
669 (iii) a registered voter in the prosecution district in which the individual is seeking
670 office; and
671 (iv) a current resident of the prosecution district in which the individual is seeking
672 office and either will have been a resident of that prosecution district for at least one year as of
673 the date of the election or was appointed and is currently serving as district attorney and
674 became a resident of the prosecution district within 30 days after receiving appointment to the
675 office.
676 (d) Before accepting a declaration of candidacy for the office of county sheriff, the
677 county clerk shall ensure that the individual filing the declaration:
678 (i) is a United States citizen;
679 (ii) is a registered voter in the county in which the individual seeks office;
680 (iii) (A) has successfully met the standards and training requirements established for
681 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
682 Certification Act; or
683 (B) has met the waiver requirements in Section 53-6-206;
684 (iv) is qualified to be certified as a law enforcement officer, as defined in Section
685 53-13-103; and
686 (v) as of the date of the election, will have been a resident of the county in which the
687 individual seeks office for at least one year.
688 (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
689 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
690 Education member, the filing officer shall ensure:
691 (i) that the individual filing the declaration of candidacy also makes the conflict of
692 interest disclosure required by Section 20A-11-1603; and
693 (ii) until January 1, 2020, if the filing officer is not the lieutenant governor, that the
694 individual provides the conflict of interest disclosure form to the lieutenant governor in
695 accordance with Section 20A-11-1603.
696 (4) If an individual who files a declaration of candidacy does not meet the qualification
697 requirements for the office the individual is seeking, the filing officer may not accept the
698 individual's declaration of candidacy.
699 (5) If an individual who files a declaration of candidacy meets the requirements
700 described in Subsection (3), the filing officer shall:
701 (a) inform the individual that:
702 (i) the individual's name will appear on the ballot as the individual's name is written on
703 the individual's declaration of candidacy;
704 (ii) the individual may be required to comply with state or local campaign finance
705 disclosure laws; and
706 (iii) the individual is required to file a financial statement before the individual's
707 political convention under:
708 (A) Section 20A-11-204 for a candidate for constitutional office;
709 (B) Section 20A-11-303 for a candidate for the Legislature; or
710 (C) local campaign finance disclosure laws, if applicable;
711 (b) except for a presidential candidate, provide the individual with a copy of the current
712 campaign financial disclosure laws for the office the individual is seeking and inform the
713 individual that failure to comply will result in disqualification as a candidate and removal of
714 the individual's name from the ballot;
715 (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
716 Electronic Voter Information Website Program and inform the individual of the submission
717 deadline under Subsection 20A-7-801(4)(a);
718 (d) provide the candidate with a copy of the pledge of fair campaign practices
719 described under Section 20A-9-206 and inform the candidate that:
720 (i) signing the pledge is voluntary; and
721 (ii) signed pledges shall be filed with the filing officer;
722 (e) accept the individual's declaration of candidacy; and
723 (f) if the individual has filed for a partisan office, provide a certified copy of the
724 declaration of candidacy to the chair of the county or state political party of which the
725 individual is a member.
726 (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
727 officer shall:
728 (a) accept the candidate's pledge; and
729 (b) if the candidate has filed for a partisan office, provide a certified copy of the
730 candidate's pledge to the chair of the county or state political party of which the candidate is a
731 member.
732 (7) (a) Except for a candidate for president or vice president of the United States, the
733 form of the declaration of candidacy shall:
734 (i) be substantially as follows:
735 "State of Utah, County of ____
736 I, ______________, declare my candidacy for the office of ____, seeking the
737 nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
738 hold the office, both legally and constitutionally, if selected; I reside at _____________
739 in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
740 knowingly violate any law governing campaigns and elections; if filing via a designated
741 agent, I will be out of the state of Utah during the entire candidate filing period; I will file all
742 campaign financial disclosure reports as required by law; and I understand that failure to do so
743 will result in my disqualification as a candidate for this office and removal of my name from
744 the ballot. The mailing address that I designate for receiving official election notices is
745 ___________________________.
746 ____________________________________________________________________
747 Subscribed and sworn before me this __________(month\day\year).
748
Notary Public (or other officer qualified to administer oath)."; and
749 (ii) require the candidate to state, in the sworn statement described in Subsection
750 (7)(a)(i):
751 (A) the registered political party of which the candidate is a member; or
752 (B) that the candidate is not a member of a registered political party.
753 (b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
754 candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
755 (8) (a) Except for [
756 of the United States, the fee for filing a declaration of candidacy is:
757 (i) $50 for candidates for the local school district board; and
758 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
759 person holding the office for all other federal, state, and county offices.
760 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
761 any candidate:
762 (i) who is disqualified; or
763 (ii) who the filing officer determines has filed improperly.
764 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
765 from candidates.
766 (ii) The lieutenant governor shall:
767 (A) apportion to and pay to the county treasurers of the various counties all fees
768 received for filing of nomination certificates or acceptances; and
769 (B) ensure that each county receives that proportion of the total amount paid to the
770 lieutenant governor from the congressional district that the total vote of that county for all
771 candidates for representative in Congress bears to the total vote of all counties within the
772 congressional district for all candidates for representative in Congress.
773 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
774 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
775 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
776 a financial statement filed at the time the affidavit is submitted.
777 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
778 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
779 statement filed under this section shall be subject to the criminal penalties provided under
780 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
781 (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
782 considered an offense under this title for the purposes of assessing the penalties provided in
783 Subsection 20A-1-609(2).
784 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
785 substantially the following form:
786 "Affidavit of Impecuniosity
787 Individual Name
788 ____________________________Address_____________________________
789 Phone Number _________________
790 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
791 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
792 law.
793 Date ______________ Signature________________________________________________
794 Affiant
795 Subscribed and sworn to before me on ___________ (month\day\year)
796
______________________
797
(signature)
798 Name and Title of Officer Authorized to Administer Oath
______________________".
799 (v) The filing officer shall provide to a person who requests an affidavit of
800 impecuniosity a statement printed in substantially the following form, which may be included
801 on the affidavit of impecuniosity:
802 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
803 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
804 penalties, will be removed from the ballot."
805 (vi) The filing officer may request that a person who makes a claim of impecuniosity
806 under this Subsection (8)(d) file a financial statement on a form prepared by the election
807 official.
808 (9) An individual who fails to file a declaration of candidacy or certificate of
809 nomination within the time provided in this chapter is ineligible for nomination to office.
810 (10) A declaration of candidacy filed under this section may not be amended or
811 modified after the final date established for filing a declaration of candidacy.
812 Section 10. Section 20A-9-202 is amended to read:
813 20A-9-202. Declarations of candidacy for regular general elections.
814 (1) (a) An individual seeking to become a candidate for an elective office that is to be
815 filled at the next regular general election shall:
816 (i) except as provided in Subsection (1)(c), file a declaration of candidacy in person
817 with the filing officer on or after January 1 of the regular general election year, and, if
818 applicable, before the individual circulates nomination petitions under Section 20A-9-405; and
819 (ii) pay the filing fee.
820 (b) Unless expressly provided otherwise in this title, for a registered political party that
821 is not a qualified political party, the deadline for filing a declaration of candidacy for an
822 elective office that is to be filled at the next regular general election is:
823 (i) in a year other than 2020, 5 p.m. on the first Monday after the third Saturday in
824 April; or
825 (ii) in 2020, before 5 p.m. April 27.
826 (c) Subject to Subsection 20A-9-201(7)(b), an individual may designate an agent to file
827 a declaration of candidacy with the filing officer if:
828 (i) the individual is located outside of the state during the entire filing period;
829 (ii) the designated agent appears in person before the filing officer;
830 (iii) the individual communicates with the filing officer using an electronic device that
831 allows the individual and filing officer to see and hear each other; and
832 (iv) the individual provides the filing officer with an email address to which the filing
833 officer may send the individual the copies described in Subsection 20A-9-201(5).
834 (d) Each county clerk who receives a declaration of candidacy from a candidate for
835 multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
836 candidacy to the lieutenant governor within one business day after the candidate files the
837 declaration of candidacy.
838 (e) Each day during the filing period, each county clerk shall notify the lieutenant
839 governor electronically or by telephone of candidates who have filed a declaration of candidacy
840 with the county clerk.
841 (f) Each individual seeking the office of lieutenant governor, the office of district
842 attorney, or the office of president or vice president of the United States shall comply with the
843 specific declaration of candidacy requirements established by this section.
844 (2) (a) Each individual intending to become a candidate for the office of district
845 attorney within a multicounty prosecution district that is to be filled at the next regular general
846 election shall:
847 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
848 creating the prosecution district on or after January 1 of the regular general election year, and
849 before the individual circulates nomination petitions under Section 20A-9-405; and
850 (ii) pay the filing fee.
851 (b) The designated clerk shall provide to the county clerk of each county in the
852 prosecution district a certified copy of each declaration of candidacy filed for the office of
853 district attorney.
854 (3) (a) Before the deadline described in Subsection (1)(b)(i) or (ii), each lieutenant
855 governor candidate shall:
856 (i) file a declaration of candidacy with the lieutenant governor;
857 (ii) pay the filing fee; and
858 (iii) submit a letter from a candidate for governor who has received certification for the
859 primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
860 as a joint-ticket running mate.
861 (b) (i) A candidate for lieutenant governor who fails to timely file is disqualified.
862 (ii) If a candidate for lieutenant governor is disqualified, another candidate may file to
863 replace the disqualified candidate.
864 (4) Before 5 p.m. no later than August 31, each registered political party shall:
865 (a) certify the names of the political party's candidates for president and vice president
866 of the United States to the lieutenant governor; or
867 (b) provide written authorization for the lieutenant governor to accept the certification
868 of candidates for president and vice president of the United States from the national office of
869 the registered political party.
870 (5) (a) A declaration of candidacy filed under this section is valid unless a written
871 objection is filed with the clerk or lieutenant governor before 5 p.m. within five days after the
872 last day for filing.
873 (b) If an objection is made, the clerk or lieutenant governor shall:
874 (i) mail or personally deliver notice of the objection to the affected candidate
875 immediately; and
876 (ii) decide any objection within 48 hours after it is filed.
877 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
878 problem by amending the declaration or petition before 5 p.m. within three days after the day
879 on which the objection is sustained or by filing a new declaration before 5 p.m. within three
880 days after the day on which the objection is sustained.
881 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
882 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
883 by a district court if prompt application is made to the court.
884 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
885 of its discretion, agrees to review the lower court decision.
886 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
887 filing a written affidavit with the clerk.
888 (7) (a) Except for a candidate who is certified by a registered political party under
889 Subsection (4), and except as provided in Section 20A-9-504, before 5 p.m. no later than
890 August 31 of a general election year, each individual running as a candidate for vice president
891 of the United States shall:
892 (i) file a declaration of candidacy, in person or via a designated agent, on a form
893 developed by the lieutenant governor, that:
894 (A) contains the individual's name, address, and telephone number;
895 (B) states that the individual meets the qualifications for the office of vice president of
896 the United States;
897 (C) names the presidential candidate, who has qualified for the general election ballot,
898 with which the individual is running as a joint-ticket running mate;
899 (D) states that the individual agrees to be the running mate of the presidential candidate
900 described in Subsection (7)(a)(i)(C); and
901 (E) contains any other necessary information identified by the lieutenant governor;
902 (ii) pay the filing fee[
903 (iii) submit a letter from the presidential candidate described in Subsection (7)(a)(i)(C)
904 that names the individual as a joint-ticket running mate as a vice presidential candidate.
905 (b) A designated agent described in Subsection (7)(a)(i) may not sign the declaration of
906 candidacy.
907 (c) A vice presidential candidate who fails to meet the requirements described in this
908 Subsection (7) may not appear on the general election ballot.
909 (8) An individual filing a declaration of candidacy for president or vice president of the
910 United States shall pay a filing fee of $500.
911 Section 11. Section 20A-9-203 is amended to read:
912 20A-9-203. Declarations of candidacy -- Municipal general elections.
913 (1) An individual may become a candidate for any municipal office if:
914 (a) the individual is a registered voter; and
915 (b) (i) the individual has resided within the municipality in which the individual seeks
916 to hold elective office for the 12 consecutive months immediately before the date of the
917 election; or
918 (ii) the territory in which the individual resides was annexed into the municipality, the
919 individual has resided within the annexed territory or the municipality the 12 consecutive
920 months immediately before the date of the election.
921 (2) (a) For purposes of determining whether an individual meets the residency
922 requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
923 before the election, the municipality is considered to have been incorporated 12 months before
924 the date of the election.
925 (b) In addition to the requirements of Subsection (1), each candidate for a municipal
926 council position shall, if elected from a district, be a resident of the council district from which
927 the candidate is elected.
928 (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
929 individual, an individual convicted of a felony, or an individual convicted of treason or a crime
930 against the elective franchise may not hold office in this state until the right to hold elective
931 office is restored under Section 20A-2-101.3 or 20A-2-101.5.
932 (3) (a) An individual seeking to become a candidate for a municipal office shall,
933 regardless of the nomination method by which the individual is seeking to become a candidate:
934 (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
935 Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
936 declaration of candidacy, in person with the city recorder or town clerk, during the office hours
937 described in Section 10-3-301 and not later than the close of those office hours, between June 1
938 and June 7 of any odd-numbered year; and
939 (ii) pay the filing fee, if one is required by municipal ordinance.
940 (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
941 declaration of candidacy with the city recorder or town clerk if:
942 (i) the individual is located outside of the state during the entire filing period;
943 (ii) the designated agent appears in person before the city recorder or town clerk;
944 (iii) the individual communicates with the city recorder or town clerk using an
945 electronic device that allows the individual and city recorder or town clerk to see and hear each
946 other; and
947 (iv) the individual provides the city recorder or town clerk with an email address to
948 which the city recorder or town clerk may send the individual the copies described in
949 Subsection (4).
950 (c) Any resident of a municipality may nominate a candidate for a municipal office by:
951 (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
952 Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
953 the office hours described in Section 10-3-301 and not later than the close of those office
954 hours, between June 1 and June 7 of any odd-numbered year[
955 support of the nomination petition of the lesser of at least:
956 (A) 25 registered voters who reside in the municipality; or
957 (B) 20% of the registered voters who reside in the municipality; and
958 (ii) paying the filing fee, if one is required by municipal ordinance.
959 (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
960 petition, the filing officer shall:
961 (i) read to the prospective candidate or individual filing the petition the constitutional
962 and statutory qualification requirements for the office that the candidate is seeking;
963 (ii) require the candidate or individual filing the petition to state whether the candidate
964 meets the requirements described in Subsection (4)(a)(i); and
965 (iii) inform the candidate or the individual filing the petition that an individual who
966 holds a municipal elected office may not, at the same time, hold a county elected office.
967 (b) If the prospective candidate does not meet the qualification requirements for the
968 office, the filing officer may not accept the declaration of candidacy or nomination petition.
969 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
970 filing officer shall:
971 (i) inform the candidate that the candidate's name will appear on the ballot as it is
972 written on the declaration of candidacy;
973 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
974 for the office the candidate is seeking and inform the candidate that failure to comply will
975 result in disqualification as a candidate and removal of the candidate's name from the ballot;
976 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
977 Electronic Voter Information Website Program and inform the candidate of the submission
978 deadline under Subsection 20A-7-801(4)(a);
979 (iv) provide the candidate with a copy of the pledge of fair campaign practices
980 described under Section 20A-9-206 and inform the candidate that:
981 (A) signing the pledge is voluntary; and
982 (B) signed pledges shall be filed with the filing officer; and
983 (v) accept the declaration of candidacy or nomination petition.
984 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
985 officer shall:
986 (i) accept the candidate's pledge; and
987 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
988 candidate's pledge to the chair of the county or state political party of which the candidate is a
989 member.
990 (5) (a) The declaration of candidacy shall be in substantially the following form:
991 "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
992 County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
993 registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
994 the legal qualifications required of candidates for this office. If filing via a designated agent, I
995 attest that I will be out of the state of Utah during the entire candidate filing period. I will file
996 all campaign financial disclosure reports as required by law and I understand that failure to do
997 so will result in my disqualification as a candidate for this office and removal of my name from
998 the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
999 _______________
1000 Subscribed and sworn to (or affirmed) before me by ____ on this
1001 __________(month\day\year).
1002 (Signed) _______________ (Clerk or other officer qualified to administer oath)".
1003 (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
1004 not sign the form described in Subsection (5)(a).
1005 (c) (i) A nomination petition shall be in substantially the following form:
1006 "NOMINATION PETITION
1007 The undersigned residents of (name of municipality), being registered voters, nominate
1008 (name of nominee) for the office of (name of office) for the (length of term of office)."
1009 (ii) The remainder of the petition shall contain lines and columns for the signatures of
1010 individuals signing the petition and each individual's address and phone number.
1011 (6) If the declaration of candidacy or nomination petition fails to state whether the
1012 nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
1013 for the four-year term.
1014 (7) (a) The clerk shall verify with the county clerk that all candidates are registered
1015 voters.
1016 (b) Any candidate who is not registered to vote is disqualified and the clerk may not
1017 print the candidate's name on the ballot.
1018 (8) Immediately after expiration of the period for filing a declaration of candidacy, the
1019 clerk shall:
1020 (a) publish a list of the names of the candidates as they will appear on the ballot:
1021 (i) (A) in at least two successive publications of a newspaper of general circulation in
1022 the municipality;
1023 (B) if there is no newspaper of general circulation in the municipality, by posting one
1024 copy of the list, and at least one additional copy of the list per 2,000 population of the
1025 municipality, in places within the municipality that are most likely to give notice to the voters
1026 in the municipality; or
1027 (C) by mailing notice to each registered voter in the municipality;
1028 (ii) on the Utah Public Notice Website created in Section 63F-1-701, for seven days;
1029 (iii) in accordance with Section 45-1-101, for seven days; and
1030 (iv) if the municipality has a website, on the municipality's website for seven days; and
1031 (b) notify the lieutenant governor of the names of the candidates as they will appear on
1032 the ballot.
1033 (9) Except as provided in Subsection (10)(c), an individual may not amend a
1034 declaration of candidacy or nomination petition filed under this section after the candidate
1035 filing period ends.
1036 (10) (a) A declaration of candidacy or nomination petition that an individual files under
1037 this section is valid unless a person files a written objection with the clerk before 5 p.m. within
1038 five days after the last day for filing.
1039 (b) If a person files an objection, the clerk shall:
1040 (i) mail or personally deliver notice of the objection to the affected candidate
1041 immediately; and
1042 (ii) decide any objection within 48 hours after the objection is filed.
1043 (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
1044 days after the day on which the clerk sustains the objection, correct the problem for which the
1045 objection is sustained by amending the candidate's declaration of candidacy or nomination
1046 petition, or by filing a new declaration of candidacy.
1047 (d) (i) The clerk's decision upon objections to form is final.
1048 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
1049 prompt application is made to the district court.
1050 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
1051 of its discretion, agrees to review the lower court decision.
1052 (11) A candidate who qualifies for the ballot under this section may withdraw as a
1053 candidate by filing a written affidavit with the municipal clerk.
1054 Section 12. Section 20A-9-403 is amended to read:
1055 20A-9-403. Regular primary elections.
1056 (1) (a) Candidates for elective office that are to be filled at the next regular general
1057 election shall be nominated in a regular primary election by direct vote of the people in the
1058 manner prescribed in this section. The regular primary election is held on the date specified in
1059 Section 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a
1060 regular general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to
1061 participate in a regular general election as a write-in candidate under Section 20A-9-601.
1062 (b) Each registered political party that chooses to have the names of the registered
1063 political party's candidates for elective office featured with party affiliation on the ballot at a
1064 regular general election shall comply with the requirements of this section and shall nominate
1065 the registered political party's candidates for elective office in the manner described in this
1066 section.
1067 (c) A filing officer may not permit an official ballot at a regular general election to be
1068 produced or used if the ballot denotes affiliation between a registered political party or any
1069 other political group and a candidate for elective office who is not nominated in the manner
1070 prescribed in this section or in Subsection 20A-9-202(4).
1071 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
1072 even-numbered year in which a regular general election will be held.
1073 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
1074 shall:
1075 (i) either declare the registered political party's intent to participate in the next regular
1076 primary election or declare that the registered political party chooses not to have the names of
1077 the registered political party's candidates for elective office featured on the ballot at the next
1078 regular general election; and
1079 (ii) if the registered political party participates in the upcoming regular primary
1080 election, identify one or more registered political parties whose members may vote for the
1081 registered political party's candidates and whether individuals identified as unaffiliated with a
1082 political party may vote for the registered political party's candidates.
1083 (b) (i) A registered political party that is a continuing political party shall file the
1084 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
1085 November 30 of each odd-numbered year.
1086 (ii) An organization that is seeking to become a registered political party under Section
1087 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
1088 political party files the petition described in Section 20A-8-103.
1089 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
1090 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
1091 office on the regular primary ballot of the registered political party listed on the declaration of
1092 candidacy only if the individual is certified by the appropriate filing officer as having submitted
1093 a set of nomination petitions that was:
1094 (i) circulated and completed in accordance with Section 20A-9-405; and
1095 (ii) signed by at least 2% of the registered political party's members who reside in the
1096 political division of the office that the individual seeks.
1097 (b) (i) A candidate for elective office shall submit nomination petitions to the
1098 appropriate filing officer for verification and certification no later than 5 p.m. on the final day
1099 in March.
1100 (ii) A candidate may supplement the candidate's submissions at any time on or before
1101 the filing deadline.
1102 (c) (i) The lieutenant governor shall determine for each elective office the total number
1103 of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting
1104 the aggregate number of individuals residing in each elective office's political division who
1105 have designated a particular registered political party on the individuals' voter registration
1106 forms on or before November 15 of each odd-numbered year.
1107 (ii) The lieutenant governor shall publish the determination for each elective office no
1108 later than November 30 of each odd-numbered year.
1109 (d) The filing officer shall:
1110 (i) verify signatures on nomination petitions in a transparent and orderly manner, no
1111 later than 14 days after the day on which a candidate submits the signatures to the filing officer;
1112 (ii) for all qualifying candidates for elective office who submit nomination petitions to
1113 the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
1114 described in Subsection 20A-9-202(1)(b)(i) or (ii);
1115 (iii) consider active and inactive voters eligible to sign nomination petitions;
1116 (iv) consider an individual who signs a nomination petition a member of a registered
1117 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
1118 registered political party as the individual's party membership on the individual's voter
1119 registration form; and
1120 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
1121 petition signatures, or use statistical sampling procedures to verify submitted nomination
1122 petition signatures in accordance with rules made under Subsection (3)(f).
1123 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
1124 lieutenant governor may appear on the regular primary ballot of a registered political party
1125 without submitting nomination petitions if the candidate files a declaration of candidacy and
1126 complies with Subsection 20A-9-202(3).
1127 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1128 director of elections, within the Office of the Lieutenant Governor, may make rules that:
1129 (i) provide for the use of statistical sampling procedures that:
1130 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
1131 (B) reflect a bona fide effort to determine the validity of a candidate's entire
1132 submission, using widely recognized statistical sampling techniques; and
1133 (ii) provide for the transparent, orderly, and timely submission, verification, and
1134 certification of nomination petition signatures.
1135 (g) The county clerk shall:
1136 (i) review the declarations of candidacy filed by candidates for local boards of
1137 education to determine if more than two candidates have filed for the same seat;
1138 (ii) place the names of all candidates who have filed a declaration of candidacy for a
1139 local board of education seat on the nonpartisan section of the ballot if more than two
1140 candidates have filed for the same seat; and
1141 (iii) determine the order of the local board of education candidates' names on the ballot
1142 in accordance with Section 20A-6-305.
1143 (4) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
1144 governor shall provide to the county clerks:
1145 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
1146 county, and county offices who have received certifications under Subsection (3), along with
1147 instructions on how those names shall appear on the primary election ballot in accordance with
1148 Section 20A-6-305; and
1149 (ii) a list of unopposed candidates for elective office who have been nominated by a
1150 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
1151 unopposed candidates from the primary election ballot.
1152 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
1153 joint-ticket running mates shall appear jointly on the primary election ballot.
1154 (c) After the county clerk receives the certified list from the lieutenant governor under
1155 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
1156 substantially the following form:
1157 "Notice is given that a primary election will be held Tuesday, June ____,
1158 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
1159 local school board positions listed on the primary ballot. The polling place for voting precinct
1160 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
1161 Attest: county clerk."
1162 (5) (a) A candidate who, at the regular primary election, receives the highest number of
1163 votes cast for the office sought by the candidate is:
1164 (i) nominated for that office by the candidate's registered political party; or
1165 (ii) for a nonpartisan local school board position, nominated for that office.
1166 (b) If two or more candidates are to be elected to the office at the regular general
1167 election, those party candidates equal in number to positions to be filled who receive the
1168 highest number of votes at the regular primary election are the nominees of the candidates'
1169 party for those positions.
1170 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
1171 (A) no individual other than the candidate receives a certification under Subsection (3)
1172 for the regular primary election ballot of the candidate's registered political party for a
1173 particular elective office; or
1174 (B) for an office where more than one individual is to be elected or nominated, the
1175 number of candidates who receive certification under Subsection (3) for the regular primary
1176 election of the candidate's registered political party does not exceed the total number of
1177 candidates to be elected or nominated for that office.
1178 (ii) A candidate who is unopposed for an elective office in the regular primary election
1179 of a registered political party is nominated by the party for that office without appearing on the
1180 primary election ballot.
1181 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
1182 office that represents more than one county, the governor, lieutenant governor, and attorney
1183 general shall, at a public meeting called by the governor and in the presence of the candidates
1184 involved, select the nominee by lot cast in whatever manner the governor determines.
1185 (b) When a tie vote occurs in any primary election for any county office, the district
1186 court judges of the district in which the county is located shall, at a public meeting called by
1187 the judges and in the presence of the candidates involved, select the nominee by lot cast in
1188 whatever manner the judges determine.
1189 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
1190 primary election provided for by this section, and all expenses necessarily incurred in the
1191 preparation for or the conduct of that primary election shall be paid out of the treasury of the
1192 county or state, in the same manner as for the regular general elections.
1193 (8) An individual may not file a declaration of candidacy for a registered political party
1194 of which the individual is not a member, except to the extent that the registered political party
1195 permits otherwise under the registered political party's bylaws.
1196 Section 13. Section 20A-9-406 is amended to read:
1197 20A-9-406. Qualified political party -- Requirements and exemptions.
1198 The following provisions apply to a qualified political party:
1199 (1) the qualified political party shall, no later than 5 p.m. on November 30 of each
1200 odd-numbered year, certify to the lieutenant governor the identity of one or more registered
1201 political parties whose members may vote for the qualified political party's candidates and
1202 whether unaffiliated voters may vote for the qualified political party's candidates;
1203 (2) the following provisions [
1204
1205 political party[
1206 (a) Subsections 20A-9-403(1) through (3)(b) and (3)(d) through (4)(a);
1207 (b) Subsection 20A-9-403(5)(c); and
1208 (c) Section 20A-9-405;
1209 (3) an individual may only seek the nomination of the qualified political party by using
1210 a method described in Section 20A-9-407, Section 20A-9-408, or both;
1211 (4) the qualified political party shall comply with the provisions of Sections
1212 20A-9-407, 20A-9-408, and 20A-9-409;
1213 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(f), or (2)(a), each election officer
1214 shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
1215 by a qualified political party:
1216 (a) under the qualified political party's name , if any; or
1217 (b) under the title of the qualified registered political party as designated by the
1218 qualified political party in the certification described in Subsection (1), or, if none is
1219 designated, then under some suitable title;
1220 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
1221 paper ballots in regular general elections, that each candidate who is nominated by the qualified
1222 political party is listed by party;
1223 (7) notwithstanding Subsection 20A-6-303(1)(d), each election officer shall ensure that
1224 the party designation of each candidate who is nominated by the qualified political party is
1225 printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
1226 (8) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
1227 the party designation of each candidate who is nominated by the qualified political party is
1228 displayed adjacent to the candidate's name on an electronic ballot;
1229 (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
1230 includes an individual who files a declaration of candidacy under Section 20A-9-407 or
1231 20A-9-408 to run in a regular general election for a federal office, constitutional office,
1232 multicounty office, or county office;
1233 (10) an individual who is nominated by, or seeking the nomination of, the qualified
1234 political party is not required to comply with Subsection 20A-9-201(1)(c);
1235 (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
1236 to have each of the qualified political party's candidates for elective office appear on the
1237 primary ballot of the qualified political party with an indication that each candidate is a
1238 candidate for the qualified political party;
1239 (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
1240 on the list provided by the lieutenant governor to the county clerks:
1241 (a) the names of all candidates of the qualified political party for federal, constitutional,
1242 multicounty, and county offices; and
1243 (b) the names of unopposed candidates for elective office who have been nominated by
1244 the qualified political party and instruct the county clerks to exclude such candidates from the
1245 primary-election ballot;
1246 (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
1247 elective office in the regular primary election of the qualified political party is nominated by
1248 the party for that office without appearing on the primary ballot; and
1249 (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
1250 20A-9-405, the qualified political party is entitled to have the names of its candidates for
1251 elective office featured with party affiliation on the ballot at a regular general election.
1252 Section 14. Section 20A-9-503 is amended to read:
1253 20A-9-503. Certificate of nomination -- Filing -- Fees.
1254 (1) (a) Except as provided in Subsection (1)(b), after the certificate of nomination has
1255 been certified, executed, and acknowledged by the county clerk, the candidate shall:
1256 (i) between the second Friday in March and the close of normal office hours on the
1257 third Thursday in March of the year in which the regular general election will be held:
1258 (A) file the petition in person with the lieutenant governor, if the office the candidate
1259 seeks is a constitutional office or a federal office, or the county clerk, if the office the candidate
1260 seeks is a county office; and
1261 (B) pay the filing fee; or
1262 (ii) not later than the close of normal office hours on June 15 of any odd-numbered
1263 year:
1264 (A) file the petition in person with the municipal clerk, if the candidate seeks an office
1265 in a city or town, or the local district clerk, if the candidate seeks an office in a local district;
1266 and
1267 (B) pay the filing fee.
1268 (b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a
1269 declaration of candidacy for president of the United States.
1270 (ii) Subject to Subsections (3)(c) and 20A-9-502(2), an individual may designate an
1271 agent to file a declaration of candidacy with the appropriate filing officer if:
1272 (A) the individual is located outside of the state during the entire filing period;
1273 (B) the designated agent appears in person before the filing officer; and
1274 (C) the individual communicates with the filing officer using an electronic device that
1275 allows the individual and filing officer to see and hear each other.
1276 (2) (a) At the time of filing, and before accepting the petition, the filing officer shall
1277 read the constitutional and statutory requirements for candidacy to the candidate.
1278 (b) If the candidate states that he does not meet the requirements, the filing officer may
1279 not accept the petition.
1280 (3) (a) [
1281 president of the United States under this section shall pay a filing fee of $500.
1282 (b) Notwithstanding Subsection (1), a person filing a certificate of nomination for
1283 president or vice president of the United States:
1284 (i) may file the certificate of nomination between the second Friday in March and the
1285 close of normal office hours on August 15 of the year in which the regular general election will
1286 be held; and
1287 (ii) may use a designated agent to file the certificate of nomination.
1288 (c) An agent designated under Subsection (1)(b)(ii) or described in Subsection
1289 (3)(b)(ii) may not sign the certificate of nomination form.
1290 Section 15. Section 20A-11-101 is amended to read:
1291 20A-11-101. Definitions.
1292 As used in this chapter:
1293 (1) (a) "Address" means the number and street where an individual resides or where a
1294 reporting entity has its principal office.
1295 (b) "Address" does not include a post office box.
1296 (2) "Agent of a reporting entity" means:
1297 (a) a person acting on behalf of a reporting entity at the direction of the reporting
1298 entity;
1299 (b) a person employed by a reporting entity in the reporting entity's capacity as a
1300 reporting entity;
1301 (c) the personal campaign committee of a candidate or officeholder;
1302 (d) a member of the personal campaign committee of a candidate or officeholder in the
1303 member's capacity as a member of the personal campaign committee of the candidate or
1304 officeholder; or
1305 (e) a political consultant of a reporting entity.
1306 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
1307 amendments, and any other ballot propositions submitted to the voters that are authorized by
1308 the Utah Code Annotated 1953.
1309 (4) "Candidate" means any person who:
1310 (a) files a declaration of candidacy for a public office; or
1311 (b) receives contributions, makes expenditures, or gives consent for any other person to
1312 receive contributions or make expenditures to bring about the person's nomination or election
1313 to a public office.
1314 (5) "Chief election officer" means:
1315 (a) the lieutenant governor for state office candidates, legislative office candidates,
1316 officeholders, political parties, political action committees, corporations, political issues
1317 committees, state school board candidates, judges, and labor organizations, as defined in
1318 Section 20A-11-1501; and
1319 (b) the county clerk for local school board candidates.
1320 (6) (a) "Contribution" means any of the following when done for political purposes:
1321 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
1322 value given to the filing entity;
1323 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
1324 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
1325 anything of value to the filing entity;
1326 (iii) any transfer of funds from another reporting entity to the filing entity;
1327 (iv) compensation paid by any person or reporting entity other than the filing entity for
1328 personal services provided without charge to the filing entity;
1329 (v) remuneration from:
1330 (A) any organization or its directly affiliated organization that has a registered lobbyist;
1331 or
1332 (B) any agency or subdivision of the state, including school districts;
1333 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
1334 (vii) in-kind contributions.
1335 (b) "Contribution" does not include:
1336 (i) services provided by individuals volunteering a portion or all of their time on behalf
1337 of the filing entity if the services are provided without compensation by the filing entity or any
1338 other person;
1339 (ii) money lent to the filing entity by a financial institution in the ordinary course of
1340 business; or
1341 (iii) goods or services provided for the benefit of a [
1342 political entity at less than fair market value that are not authorized by or coordinated with the
1343 [
1344 (7) "Coordinated with" means that goods or services provided for the benefit of a
1345 [
1346 (a) with the [
1347 [
1348 (b) by agreement with the [
1349 (c) in coordination with the [
1350 (d) using official logos, slogans, and similar elements belonging to a [
1351
1352 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1353 organization that is registered as a corporation or is authorized to do business in a state and
1354 makes any expenditure from corporate funds for:
1355 (i) the purpose of expressly advocating for political purposes; or
1356 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
1357 proposition.
1358 (b) "Corporation" does not mean:
1359 (i) a business organization's political action committee or political issues committee; or
1360 (ii) a business entity organized as a partnership or a sole proprietorship.
1361 (9) "County political party" means, for each registered political party, all of the persons
1362 within a single county who, under definitions established by the political party, are members of
1363 the registered political party.
1364 (10) "County political party officer" means a person whose name is required to be
1365 submitted by a county political party to the lieutenant governor in accordance with Section
1366 20A-8-402.
1367 (11) "Detailed listing" means:
1368 (a) for each contribution or public service assistance:
1369 (i) the name and address of the individual or source making the contribution or public
1370 service assistance, except to the extent that the name or address of the individual or source is
1371 unknown;
1372 (ii) the amount or value of the contribution or public service assistance; and
1373 (iii) the date the contribution or public service assistance was made; and
1374 (b) for each expenditure:
1375 (i) the amount of the expenditure;
1376 (ii) the person or entity to whom it was disbursed;
1377 (iii) the specific purpose, item, or service acquired by the expenditure; and
1378 (iv) the date the expenditure was made.
1379 (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
1380 for membership in the corporation, to a corporation without receiving full and adequate
1381 consideration for the money.
1382 (b) "Donor" does not include a person that signs a statement that the corporation may
1383 not use the money for an expenditure or political issues expenditure.
1384 (13) "Election" means each:
1385 (a) regular general election;
1386 (b) regular primary election; and
1387 (c) special election at which candidates are eliminated and selected.
1388 (14) "Electioneering communication" means a communication that:
1389 (a) has at least a value of $10,000;
1390 (b) clearly identifies a candidate or judge; and
1391 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
1392 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
1393 identified candidate's or judge's election date.
1394 (15) (a) "Expenditure" means any of the following made by a reporting entity or an
1395 agent of a reporting entity on behalf of the reporting entity:
1396 (i) any disbursement from contributions, receipts, or from the separate bank account
1397 required by this chapter;
1398 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1399 or anything of value made for political purposes;
1400 (iii) an express, legally enforceable contract, promise, or agreement to make any
1401 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1402 value for political purposes;
1403 (iv) compensation paid by a filing entity for personal services rendered by a person
1404 without charge to a reporting entity;
1405 (v) a transfer of funds between the filing entity and a candidate's personal campaign
1406 committee; or
1407 (vi) goods or services provided by the filing entity to or for the benefit of another
1408 reporting entity for political purposes at less than fair market value.
1409 (b) "Expenditure" does not include:
1410 (i) services provided without compensation by individuals volunteering a portion or all
1411 of their time on behalf of a reporting entity;
1412 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
1413 business; or
1414 (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
1415 candidates for office or officeholders in states other than Utah.
1416 (16) "Federal office" means the office of president of the United States, United States
1417 Senator, or United States Representative.
1418 (17) "Filing entity" means the reporting entity that is required to file a financial
1419 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
1420 (18) "Financial statement" includes any summary report, interim report, verified
1421 financial statement, or other statement disclosing contributions, expenditures, receipts,
1422 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
1423 Retention Elections.
1424 (19) "Governing board" means the individual or group of individuals that determine the
1425 candidates and committees that will receive expenditures from a political action committee,
1426 political party, or corporation.
1427 (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
1428 Incorporation, by which a geographical area becomes legally recognized as a city, town, or
1429 metro township.
1430 (21) "Incorporation election" means the election conducted under Section 10-2a-210 or
1431 10-2a-404.
1432 (22) "Incorporation petition" means a petition described in Section 10-2a-208.
1433 (23) "Individual" means a natural person.
1434 (24) "In-kind contribution" means anything of value, other than money, that is accepted
1435 by or coordinated with a filing entity.
1436 (25) "Interim report" means a report identifying the contributions received and
1437 expenditures made since the last report.
1438 (26) "Legislative office" means the office of state senator, state representative, speaker
1439 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
1440 whip of any party caucus in either house of the Legislature.
1441 (27) "Legislative office candidate" means a person who:
1442 (a) files a declaration of candidacy for the office of state senator or state representative;
1443 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
1444 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
1445 assistant whip of any party caucus in either house of the Legislature; or
1446 (c) receives contributions, makes expenditures, or gives consent for any other person to
1447 receive contributions or make expenditures to bring about the person's nomination, election, or
1448 appointment to a legislative office.
1449 (28) "Loan" means any of the following provided by a person that benefits a filing
1450 entity if the person expects repayment or reimbursement:
1451 (a) an expenditure made using any form of payment;
1452 (b) money or funds received by the filing entity;
1453 (c) the provision of a good or service with an agreement or understanding that payment
1454 or reimbursement will be delayed; or
1455 (d) use of any line of credit.
1456 (29) "Major political party" means either of the two registered political parties that
1457 have the greatest number of members elected to the two houses of the Legislature.
1458 (30) "Officeholder" means a person who holds a public office.
1459 (31) "Party committee" means any committee organized by or authorized by the
1460 governing board of a registered political party.
1461 (32) "Person" means both natural and legal persons, including individuals, business
1462 organizations, personal campaign committees, party committees, political action committees,
1463 political issues committees, and labor organizations, as defined in Section 20A-11-1501.
1464 (33) "Personal campaign committee" means the committee appointed by a candidate to
1465 act for the candidate as provided in this chapter.
1466 (34) "Personal use expenditure" has the same meaning as provided under Section
1467 20A-11-104.
1468 (35) (a) "Political action committee" means an entity, or any group of individuals or
1469 entities within or outside this state, a major purpose of which is to:
1470 (i) solicit or receive contributions from any other person, group, or entity for political
1471 purposes; or
1472 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
1473 vote for or against any candidate or person seeking election to a municipal or county office.
1474 (b) "Political action committee" includes groups affiliated with a registered political
1475 party but not authorized or organized by the governing board of the registered political party
1476 that receive contributions or makes expenditures for political purposes.
1477 (c) "Political action committee" does not mean:
1478 (i) a party committee;
1479 (ii) any entity that provides goods or services to a candidate or committee in the regular
1480 course of its business at the same price that would be provided to the general public;
1481 (iii) an individual;
1482 (iv) individuals who are related and who make contributions from a joint checking
1483 account;
1484 (v) a corporation, except a corporation a major purpose of which is to act as a political
1485 action committee; or
1486 (vi) a personal campaign committee.
1487 (36) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
1488 by another person on behalf of and with the knowledge of the reporting entity, to provide
1489 political advice to the reporting entity.
1490 (b) "Political consultant" includes a circumstance described in Subsection (36)(a),
1491 where the person:
1492 (i) has already been paid, with money or other consideration;
1493 (ii) expects to be paid in the future, with money or other consideration; or
1494 (iii) understands that the person may, in the discretion of the reporting entity or another
1495 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
1496 money or other consideration.
1497 (37) "Political convention" means a county or state political convention held by a
1498 registered political party to select candidates.
1499 (38) "Political entity" means a candidate, a political party, a political action committee,
1500 or a political issues committee.
1501 [
1502 or entities within or outside this state, a major purpose of which is to:
1503 (i) solicit or receive donations from any other person, group, or entity to assist in
1504 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
1505 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
1506 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
1507 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
1508 proposed ballot proposition or an incorporation in an incorporation election; or
1509 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
1510 ballot or to assist in keeping a ballot proposition off the ballot.
1511 (b) "Political issues committee" does not mean:
1512 (i) a registered political party or a party committee;
1513 (ii) any entity that provides goods or services to an individual or committee in the
1514 regular course of its business at the same price that would be provided to the general public;
1515 (iii) an individual;
1516 (iv) individuals who are related and who make contributions from a joint checking
1517 account;
1518 (v) a corporation, except a corporation a major purpose of which is to act as a political
1519 issues committee; or
1520 (vi) a group of individuals who:
1521 (A) associate together for the purpose of challenging or supporting a single ballot
1522 proposition, ordinance, or other governmental action by a county, city, town, local district,
1523 special service district, or other local political subdivision of the state;
1524 (B) have a common liberty, property, or financial interest that is directly impacted by
1525 the ballot proposition, ordinance, or other governmental action;
1526 (C) do not associate together, for the purpose described in Subsection [
1527 (39)(b)(vi)(A), via a legal entity;
1528 (D) do not receive funds for challenging or supporting the ballot proposition,
1529 ordinance, or other governmental action from a person other than an individual in the group;
1530 and
1531 (E) do not expend a total of more than $5,000 for the purpose described in Subsection
1532 [
1533 [
1534 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
1535 anything of value given to a political issues committee;
1536 (ii) an express, legally enforceable contract, promise, or agreement to make a political
1537 issues donation to influence the approval or defeat of any ballot proposition;
1538 (iii) any transfer of funds received by a political issues committee from a reporting
1539 entity;
1540 (iv) compensation paid by another reporting entity for personal services rendered
1541 without charge to a political issues committee; and
1542 (v) goods or services provided to or for the benefit of a political issues committee at
1543 less than fair market value.
1544 (b) "Political issues contribution" does not include:
1545 (i) services provided without compensation by individuals volunteering a portion or all
1546 of their time on behalf of a political issues committee; or
1547 (ii) money lent to a political issues committee by a financial institution in the ordinary
1548 course of business.
1549 [
1550 a political issues committee or on behalf of a political issues committee by an agent of the
1551 reporting entity:
1552 (i) any payment from political issues contributions made for the purpose of influencing
1553 the approval or the defeat of:
1554 (A) a ballot proposition; or
1555 (B) an incorporation petition or incorporation election;
1556 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
1557 the express purpose of influencing the approval or the defeat of:
1558 (A) a ballot proposition; or
1559 (B) an incorporation petition or incorporation election;
1560 (iii) an express, legally enforceable contract, promise, or agreement to make any
1561 political issues expenditure;
1562 (iv) compensation paid by a reporting entity for personal services rendered by a person
1563 without charge to a political issues committee; or
1564 (v) goods or services provided to or for the benefit of another reporting entity at less
1565 than fair market value.
1566 (b) "Political issues expenditure" does not include:
1567 (i) services provided without compensation by individuals volunteering a portion or all
1568 of their time on behalf of a political issues committee; or
1569 (ii) money lent to a political issues committee by a financial institution in the ordinary
1570 course of business.
1571 [
1572 influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
1573 for or against any:
1574 (a) candidate or a person seeking a municipal or county office at any caucus, political
1575 convention, or election; or
1576 (b) judge standing for retention at any election.
1577 [
1578 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
1579 ballot proposition that has legally qualified for placement on the ballot, which is conducted in
1580 person or by telephone, facsimile, Internet, postal mail, or email.
1581 (b) "Poll" does not include:
1582 (i) a ballot; or
1583 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
1584 (A) the focus group consists of more than three, and less than thirteen, individuals; and
1585 (B) all individuals in the focus group are present during the interview.
1586 [
1587 election laws.
1588 [
1589 individuals sharing a common occupation, interest, or association that contribute to a political
1590 action committee or political issues committee and whose names can be obtained by contacting
1591 the political action committee or political issues committee upon whose financial statement the
1592 individuals are listed.
1593 [
1594 auditor, state treasurer, attorney general, state school board member, state senator, state
1595 representative, speaker of the House of Representatives, president of the Senate, and the leader,
1596 whip, and assistant whip of any party caucus in either house of the Legislature.
1597 [
1598 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
1599 communicate with the officeholder's constituents:
1600 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
1601 money or anything of value to an officeholder; or
1602 (ii) goods or services provided at less than fair market value to or for the benefit of the
1603 officeholder.
1604 (b) "Public service assistance" does not include:
1605 (i) anything provided by the state;
1606 (ii) services provided without compensation by individuals volunteering a portion or all
1607 of their time on behalf of an officeholder;
1608 (iii) money lent to an officeholder by a financial institution in the ordinary course of
1609 business;
1610 (iv) news coverage or any publication by the news media; or
1611 (v) any article, story, or other coverage as part of any regular publication of any
1612 organization unless substantially all the publication is devoted to information about the
1613 officeholder.
1614 [
1615 [
1616 Chapter 11, Lobbyist Disclosure and Regulation Act.
1617 [
1618 committee that is required by this chapter to file a statement of organization with the Office of
1619 the Lieutenant Governor.
1620 [
1621 committee that is required by this chapter to file a statement of organization with the Office of
1622 the Lieutenant Governor.
1623 [
1624 (a) participated in the last regular general election and polled a total vote equal to 2%
1625 or more of the total votes cast for all candidates for the United States House of Representatives
1626 for any of its candidates for any office; or
1627 (b) has complied with the petition and organizing procedures of Chapter 8, Political
1628 Party Formation and Procedures.
1629 [
1630 (i) made to a legislator for the period the Legislature is in session; and
1631 (ii) that is approximately equivalent to an amount a legislator would have earned
1632 during the period the Legislature is in session in the legislator's ordinary course of business.
1633 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
1634 (i) the legislator's primary employer in the ordinary course of business; or
1635 (ii) a person or entity in the ordinary course of business:
1636 (A) because of the legislator's ownership interest in the entity; or
1637 (B) for services rendered by the legislator on behalf of the person or entity.
1638 [
1639 committee, a judge, a judge's personal campaign committee, an officeholder, a party
1640 committee, a political action committee, a political issues committee, a corporation, or a labor
1641 organization, as defined in Section 20A-11-1501.
1642 [
1643 [
1644 tangible or intangible asset that comprises the contribution.
1645 (b) "Source" means, for political action committees and corporations, the political
1646 action committee and the corporation as entities, not the contributors to the political action
1647 committee or the owners or shareholders of the corporation.
1648 [
1649 general, state auditor, and state treasurer.
1650 [
1651 (a) files a declaration of candidacy for a state office; or
1652 (b) receives contributions, makes expenditures, or gives consent for any other person to
1653 receive contributions or make expenditures to bring about the person's nomination, election, or
1654 appointment to a state office.
1655 [
1656 reporting entity's contributions and expenditures.
1657 [
1658 allocate expenditures from a political issues committee.
1659 Section 16. Section 20A-11-206 is amended to read:
1660 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
1661 (1) A state office candidate who fails to file a financial statement before the deadline is
1662 subject to a fine imposed in accordance with Section 20A-11-1005.
1663 (2) If a state office candidate fails to file an interim report described in Subsections
1664 20A-11-204(1)(b) through (d), the lieutenant governor may send an electronic notice to the
1665 state office candidate and the political party of which the state office candidate is a member, if
1666 any, that states:
1667 (a) that the state office candidate failed to timely file the report; and
1668 (b) that, if the state office candidate fails to file the report within 24 hours after the
1669 deadline for filing the report, the state office candidate will be disqualified and the political
1670 party will not be permitted to replace the candidate.
1671 (3) (a) The lieutenant governor shall disqualify a state office candidate and inform the
1672 county clerk and other appropriate election officials that the state office candidate is
1673 disqualified if the state office candidate fails to file an interim report described in Subsections
1674 20A-11-204(1)(b) through (d) within 24 hours after the deadline for filing the report.
1675 (b) The political party of a state office candidate who is disqualified under Subsection
1676 (3)(a) may not replace the state office candidate.
1677 (4) (a) If a state office candidate is disqualified under Subsection (3)(a), the election
1678 official shall:
1679 (i) remove the state office candidate's name from the ballot; or
1680 (ii) if removing the state office candidate's name from the ballot is not practicable,
1681 inform the voters by any practicable method that the state office candidate has been
1682 disqualified and that votes cast for the state office candidate will not be counted.
1683 (b) An election official may fulfill the requirement described in Subsection (4)(a) in
1684 relation to an absentee voter, including a military or overseas absentee voter, by including with
1685 the absentee ballot a written notice directing the voter to a public website that will inform the
1686 voter whether a candidate on the ballot is disqualified.
1687 (5) A state office candidate is not disqualified if:
1688 (a) the state office candidate timely files the reports described in Subsections
1689 20A-11-204(1)(b) through (d) no later than 24 hours after the applicable deadlines for filing the
1690 reports;
1691 (b) the reports are completed, detailing accurately and completely the information
1692 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1693 and
1694 (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
1695 an amended report or the next scheduled report.
1696 (6) (a) Within [
1697 lieutenant governor shall review each filed summary report to ensure that:
1698 (i) each state office candidate that is required to file a summary report has filed one;
1699 and
1700 (ii) each summary report contains the information required by this part.
1701 (b) If it appears that any state office candidate has failed to file the summary report
1702 required by law, if it appears that a filed summary report does not conform to the law, or if the
1703 lieutenant governor has received a written complaint alleging a violation of the law or the
1704 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1705 violation or receipt of a written complaint, notify the state office candidate of the violation or
1706 written complaint and direct the state office candidate to file a summary report correcting the
1707 problem.
1708 (c) (i) It is unlawful for a state office candidate to fail to file or amend a summary
1709 report within seven days after receiving notice from the lieutenant governor described in this
1710 Subsection (6).
1711 (ii) Each state office candidate who violates Subsection (6)(c)(i) is guilty of a class B
1712 misdemeanor.
1713 (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
1714 attorney general.
1715 (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
1716 governor shall impose a civil fine of $100 against a state office candidate who violates
1717 Subsection (6)(c)(i).
1718 Section 17. Section 20A-11-305 is amended to read:
1719 20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
1720 (1) A legislative office candidate who fails to file a financial statement before the
1721 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
1722 (2) If a legislative office candidate fails to file an interim report described in
1723 Subsections 20A-11-303(1)(b)(ii) through (iv), the lieutenant governor may send an electronic
1724 notice to the legislative office candidate and the political party of which the legislative office
1725 candidate is a member, if any, that states:
1726 (a) that the legislative office candidate failed to timely file the report; and
1727 (b) that, if the legislative office candidate fails to file the report within 24 hours after
1728 the deadline for filing the report, the legislative office candidate will be disqualified and the
1729 political party will not be permitted to replace the candidate.
1730 (3) (a) The lieutenant governor shall disqualify a legislative office candidate and
1731 inform the county clerk and other appropriate election officials that the legislative office
1732 candidate is disqualified if the legislative office candidate fails to file an interim report
1733 described in Subsections 20A-11-303(1)(b)(ii) through (iv) within 24 hours after the deadline
1734 for filing the report.
1735 (b) The political party of a legislative office candidate who is disqualified under
1736 Subsection (3)(a) may not replace the legislative office candidate.
1737 (4) (a) If a legislative office candidate is disqualified under Subsection (3)(a), the
1738 election officer shall:
1739 (i) remove the legislative office candidate's name from the ballot; or
1740 (ii) if removing the legislative office candidate's name from the ballot is not
1741 practicable, inform the voters by any practicable method that the legislative office candidate
1742 has been disqualified and that votes cast for the legislative office candidate will not be counted.
1743 (b) An election official may fulfill the requirement described in Subsection (4)(a) in
1744 relation to an absentee voter, including a military or overseas absentee voter, by including with
1745 the absentee ballot a written notice directing the voter to a public website that will inform the
1746 voter whether a candidate on the ballot is disqualified.
1747 (5) A legislative office candidate is not disqualified if:
1748 (a) the legislative office candidate files the reports described in Subsections
1749 20A-11-303(1)(b)(ii) through (iv) no later than 24 hours after the applicable deadlines for filing
1750 the reports;
1751 (b) the reports are completed, detailing accurately and completely the information
1752 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1753 and
1754 (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
1755 an amended report or the next scheduled report.
1756 (6) (a) Within [
1757 lieutenant governor shall review each filed summary report to ensure that:
1758 (i) each legislative office candidate that is required to file a summary report has filed
1759 one; and
1760 (ii) each summary report contains the information required by this part.
1761 (b) If it appears that any legislative office candidate has failed to file the summary
1762 report required by law, if it appears that a filed summary report does not conform to the law, or
1763 if the lieutenant governor has received a written complaint alleging a violation of the law or the
1764 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1765 violation or receipt of a written complaint, notify the legislative office candidate of the
1766 violation or written complaint and direct the legislative office candidate to file a summary
1767 report correcting the problem.
1768 (c) (i) It is unlawful for a legislative office candidate to fail to file or amend a summary
1769 report within seven days after receiving notice from the lieutenant governor described in this
1770 Subsection (6).
1771 (ii) Each legislative office candidate who violates Subsection (6)(c)(i) is guilty of a
1772 class B misdemeanor.
1773 (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
1774 attorney general.
1775 (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
1776 governor shall impose a civil fine of $100 against a legislative office candidate who violates
1777 Subsection (6)(c)(i).
1778 Section 18. Section 20A-11-403 is amended to read:
1779 20A-11-403. Failure to file -- Penalties.
1780 (1) Within [
1781 lieutenant governor shall review each filed summary report to ensure that:
1782 (a) each officeholder that is required to file a summary report has filed one; and
1783 (b) each summary report contains the information required by this part.
1784 (2) If it appears that any officeholder has failed to file the summary report required by
1785 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
1786 governor has received a written complaint alleging a violation of the law or the falsity of any
1787 summary report, the lieutenant governor shall, if the lieutenant governor determines that a
1788 violation has occurred:
1789 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
1790 (b) within five days of discovery of a violation or receipt of a written complaint, notify
1791 the officeholder of the violation or written complaint and direct the officeholder to file a
1792 summary report correcting the problem.
1793 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
1794 within seven days after receiving notice from the lieutenant governor under this section.
1795 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
1796 misdemeanor.
1797 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
1798 attorney general.
1799 (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
1800 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1801 (3)(a).
1802 (4) Within [
1803 officeholder under Subsection 20A-11-204(2), 20A-11-303(1)(c), or 20A-11-1303(1)(d), the
1804 lieutenant governor shall review each filed interim report to ensure that each interim report
1805 contains the information required for the report.
1806 (5) If it appears that any officeholder has failed to file an interim report required by
1807 law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
1808 governor has received a written complaint alleging a violation of the law or the falsity of any
1809 interim report, the lieutenant governor shall, if the lieutenant governor determines that a
1810 violation has occurred:
1811 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
1812 (b) within five days after the day on which the violation is discovered or a written
1813 complaint is received, notify the officeholder of the violation or written complaint and direct
1814 the officeholder to file an interim report correcting the problem.
1815 (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
1816 within seven days after the day on which the officeholder receives notice from the lieutenant
1817 governor under this section.
1818 (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
1819 misdemeanor.
1820 (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
1821 attorney general.
1822 (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
1823 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1824 (6)(a).
1825 Section 19. Section 20A-11-508 is amended to read:
1826 20A-11-508. Political party reporting requirements -- Criminal penalties -- Fines.
1827 (1) (a) Each registered political party that fails to file a financial statement by the
1828 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
1829 (b) Each registered political party that fails to file an interim report described in
1830 Subsections 20A-11-507(1)(b) through (d) is guilty of a class B misdemeanor.
1831 (c) The lieutenant governor shall report all violations of Subsection (1)(b) to the
1832 attorney general.
1833 (2) Within [
1834 this part, the lieutenant governor shall review each filed report to ensure that:
1835 (a) each political party that is required to file a report has filed one; and
1836 (b) each report contains the information required by this part.
1837 (3) If it appears that any political party has failed to file a report required by law, if it
1838 appears that a filed report does not conform to the law, or if the lieutenant governor has
1839 received a written complaint alleging a violation of the law or the falsity of any report, the
1840 lieutenant governor shall, within five days of discovery of a violation or receipt of a written
1841 complaint, notify the political party of the violation or written complaint and direct the political
1842 party to file a summary report correcting the problem.
1843 (4) (a) It is unlawful for any political party to fail to file or amend a summary report
1844 within seven days after receiving notice from the lieutenant governor under this section.
1845 (b) Each political party who violates Subsection (4)(a) is guilty of a class B
1846 misdemeanor.
1847 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
1848 attorney general.
1849 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
1850 governor shall impose a civil fine of $1,000 against a political party that violates Subsection
1851 (4)(a).
1852 Section 20. Section 20A-11-512 is amended to read:
1853 20A-11-512. County political party -- Criminal penalties -- Fines.
1854 (1) A county political party that fails to file an interim report described in Subsections
1855 20A-11-511(1)(a)(i) through (iv) before the deadline is subject to a fine in accordance with
1856 Section 20A-11-1005, which the chief election officer shall deposit in the General Fund.
1857 (2) Within [
1858 required by Section 20A-11-510, the lieutenant governor shall review each filed statement to
1859 ensure that:
1860 (a) a county political party officer who is required to file a statement has filed one; and
1861 (b) each statement contains the information required by Section 20A-11-510.
1862 (3) If it appears that any county political party officer has failed to file a financial
1863 statement before the deadline, if it appears that a filed financial statement does not conform to
1864 the law, or if the lieutenant governor has received a written complaint alleging a violation of
1865 the law or the falsity of any financial statement, the lieutenant governor shall, within five days
1866 after the day on which the lieutenant governor discovers the violation or receives the written
1867 complaint, notify the county political party officer of the violation or written complaint and
1868 direct the county political party officer to file a financial statement correcting the problem.
1869 (4) (a) A county political party that fails to file or amend a financial statement within
1870 seven days after the day on which the county political party receives notice from the lieutenant
1871 governor under this section is subject to a fine of the lesser of:
1872 (i) 10% of the total contributions received, and the total expenditures made, by the
1873 county political party during the reporting period for the financial statement that the county
1874 political party failed to file or amend; or
1875 (ii) $1,000.
1876 (b) The chief election officer shall deposit a fine collected under Subsection (4)(a) into
1877 the General Fund.
1878 Section 21. Section 20A-11-601 is amended to read:
1879 20A-11-601. Political action committees -- Registration -- Name or acronym used
1880 by political action committee -- Criminal penalty for providing false information or
1881 accepting unlawful contribution.
1882 (1) (a) A political action committee shall file an initial statement of organization with
1883 the lieutenant governor's office no later than 5 p.m. seven days after the day on which the
1884 political action committee:
1885 (i) receives contributions totaling at least $750; or
1886 (ii) distributes expenditures for political purposes totaling at least $750.
1887 (b) Unless the political action committee has filed a notice of dissolution under
1888 Subsection (7), after filing an initial statement of organization, a political action committee
1889 shall file an updated statement of organization with the lieutenant governor's office each year
1890 after the year in which the political action committee files an initial statement of organization:
1891 (i) before 5 p.m. on January 10; or
1892 (ii) electronically, before midnight on January 10.
1893 (c) After filing an initial statement of organization, a political action committee shall,
1894 before January 10 each year after the year in which the political action committee files an initial
1895 statement of organization, file an updated statement of organization with the lieutenant
1896 governor's office.
1897 (2) A statement of organization described in Subsection (1) shall include:
1898 (a) the full name of the political action committee, a second name, if any, and an
1899 acronym, if any;
1900 (b) the address and phone number of the political action committee;
1901 (c) the name, address, telephone number, title, and occupation of:
1902 (i) the two officers described in Subsection (5) and the treasurer of the political action
1903 committee;
1904 (ii) all other officers, advisory members, and governing board members of the political
1905 action committee; and
1906 (iii) each individual or entity represented by, or affiliated with, the political action
1907 committee; and
1908 (d) other relevant information requested by the lieutenant governor.
1909 (3) (a) A political action committee may not use a name or acronym:
1910 (i) other than a name or acronym disclosed in the political action committee's latest
1911 statement of organization;
1912 (ii) that is the same, or deceptively similar to, the name or acronym of another political
1913 action committee; or
1914 (iii) that is likely to mislead a potential donor regarding the individuals or entities
1915 represented by, or affiliated with, the political action committee.
1916 (b) Within seven days after the day on which a political action committee files an
1917 initial statement of organization, the lieutenant governor's office shall:
1918 (i) review the statement and determine whether a name or acronym used by the
1919 political action committee violates Subsection (3)(a)(ii) or (iii); and
1920 (ii) if the lieutenant governor's office determines that a name or acronym used by the
1921 political action committee violates Subsection (3)(a)(ii) or (iii), order, in writing, that the
1922 political action committee:
1923 (A) immediately cease and desist use of the name or acronym; and
1924 (B) within seven days after the day of the order, file an updated statement of
1925 organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
1926 (c) If, beginning on May 14, 2019, a political action committee is using a name or
1927 acronym that is the same, or deceptively similar to, the name or acronym of another political
1928 action committee, the lieutenant governor shall determine which political action committee has
1929 been using the name the longest and shall order, in writing, any other political action
1930 committee using the same, or a deceptively similar, name or acronym to:
1931 (i) immediately cease and desist use of the name or acronym; and
1932 (ii) within seven days after the day of the order, file an updated statement of
1933 organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
1934 (d) If a political action committee uses a name or acronym other than a name or
1935 acronym disclosed in the political action committee's latest statement of organization:
1936 (i) the lieutenant governor shall order, in writing, that the political action committee
1937 cease and desist use of the name or acronym; and
1938 (ii) the political action committee shall immediately comply with the order described in
1939 Subsection (3)(d)(i).
1940 (4) (a) The lieutenant governor may, in addition to any other penalty provided by law,
1941 impose a $100 fine against a political action committee that:
1942 (i) fails to timely file a complete and accurate statement of organization or subsequent
1943 statement of organization; or
1944 (ii) fails to comply with an order described in Subsection (3).
1945 (b) The attorney general, or a political action committee that is harmed by the action of
1946 a political action committee in violation of this section, may bring an action for an injunction
1947 against the violating political action committee, or an officer of the violating political action
1948 committee, to enforce the provisions of this section.
1949 (c) A political action committee may bring an action for damages against another
1950 political action committee that uses a name or acronym that is the same, or deceptively similar
1951 to, the name or acronym of the political action committee bringing the action.
1952 (5) (a) Each political action committee shall designate two officers who have primary
1953 decision-making authority for the political action committee.
1954 (b) An individual may not exercise primary decision-making authority for a political
1955 action committee if the individual is not designated under Subsection (5)(a).
1956 (6) A political action committee shall deposit each contribution received in one or
1957 more separate accounts in a financial institution that are dedicated only to that purpose.
1958 (7) (a) A registered political action committee that intends to permanently cease
1959 operations shall file a notice of dissolution with the lieutenant governor's office.
1960 (b) A notice of dissolution filed by a political action committee does not exempt the
1961 political action committee from complying with the financial reporting requirements described
1962 in this chapter in relation to all contributions received, and all expenditures made, before, at, or
1963 after dissolution.
1964 (c) A political action committee shall, before filing a notice of dissolution, dispose of
1965 any money remaining in an account described in Subsection (1)(c) by:
1966 (i) returning the money to the donors;
1967 (ii) donating the money to the campaign account of a candidate or officeholder;
1968 (iii) donating the money to another political action committee;
1969 (iv) donating the money to a political party;
1970 (v) donating the money to an organization that is exempt from federal income taxation
1971 under Section 501(c)(3), Internal Revenue Code; or
1972 (vi) making another lawful expenditure of the money for a political purpose.
1973 (d) A political action committee shall report all money donated or expended under
1974 Subsection (4)(c) in a financial report to the lieutenant governor, in accordance with the
1975 financial reporting requirements described in this chapter.
1976 (8) (a) Unless the political action committee has filed a notice of dissolution under
1977 Subsection (7), a political action committee shall file, with the lieutenant governor's office,
1978 notice of any change of an officer described in Subsection (5)(a).
1979 (b) A political action committee may not accept a contribution from a political issues
1980 committee, but may donate money to a political issues committee.
1981 (c) A political action committee shall:
1982 (i) file a notice of a change of a primary officer described in Subsection (5)(a) before 5
1983 p.m. within 10 days after the day on which the change occurs; and
1984 (ii) include in the notice of change the name and title of the officer being replaced, and
1985 the name, [
1986 (9) (a) A person is guilty of providing false information in relation to a political action
1987 committee if the person intentionally or knowingly gives false or misleading material
1988 information in a statement of organization or the notice of change of primary officer.
1989 (b) Each primary officer designated in Subsection (5)(a) or (8)(c) is guilty of accepting
1990 an unlawful contribution if the political action committee knowingly or recklessly accepts a
1991 contribution from a corporation that:
1992 (i) was organized less than 90 days before the date of the general election; and
1993 (ii) at the time the political action committee accepts the contribution, has failed to file
1994 a statement of organization with the lieutenant governor's office as required by Section
1995 20A-11-704.
1996 (c) A violation of this Subsection (9) is a third degree felony.
1997 Section 22. Section 20A-11-603 is amended to read:
1998 20A-11-603. Criminal penalties -- Fines.
1999 (1) (a) As used in this Subsection (1), "completed" means that:
2000 (i) the financial statement accurately and completely details the information required
2001 by this part except for inadvertent omissions or insignificant errors or inaccuracies; and
2002 (ii) the political action committee corrects the omissions, errors, or inaccuracies
2003 described in Subsection (1)(a) in an amended report or the next scheduled report.
2004 (b) Each political action committee that fails to file a completed financial statement
2005 before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
2006 (c) Each political action committee that fails to file a completed financial statement
2007 described in Subsections 20A-11-602(1)(a)(iv) through (vi) is guilty of a class B misdemeanor.
2008 (d) The lieutenant governor shall report all violations of Subsection (1)(c) to the
2009 attorney general.
2010 (2) Within [
2011 required by this part, the lieutenant governor shall review each filed statement to ensure that:
2012 (a) each political action committee that is required to file a statement has filed one; and
2013 (b) each statement contains the information required by this part.
2014 (3) If it appears that any political action committee has failed to file the January 10
2015 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
2016 governor has received a written complaint alleging a violation of the law or the falsity of any
2017 statement, the lieutenant governor shall, within five days after the day on which the lieutenant
2018 governor discovers the violation or receives the written complaint, notify the political action
2019 committee of the violation or written complaint and direct the political action committee to file
2020 a statement correcting the problem.
2021 (4) (a) It is unlawful for any political action committee to fail to file or amend a
2022 statement within seven days after the day on which the political action committee receives
2023 notice from the lieutenant governor under this section.
2024 (b) Each political action committee that violates Subsection (4)(a) is guilty of a class B
2025 misdemeanor.
2026 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
2027 attorney general.
2028 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
2029 governor shall impose a civil fine of $1,000 against a political action committee that violates
2030 Subsection (4)(a).
2031 Section 23. Section 20A-11-703 is amended to read:
2032 20A-11-703. Criminal penalties -- Fines.
2033 (1) Within [
2034 part, the lieutenant governor shall review each filed statement to ensure that:
2035 (a) each corporation that is required to file a statement has filed one; and
2036 (b) each statement contains the information required by this part.
2037 (2) If it appears that any corporation has failed to file any statement, if it appears that a
2038 filed statement does not conform to the law, or if the lieutenant governor has received a written
2039 complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor
2040 shall:
2041 (a) impose a fine against the corporation in accordance with Section 20A-11-1005; and
2042 (b) within five days of discovery of a violation or receipt of a written complaint, notify
2043 the corporation of the violation or written complaint and direct the corporation to file a
2044 statement correcting the problem.
2045 (3) (a) It is unlawful for any corporation to fail to file or amend a statement within
2046 seven days after receiving notice from the lieutenant governor under this section.
2047 (b) Each corporation that violates Subsection (3)(a) is guilty of a class B misdemeanor.
2048 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
2049 attorney general.
2050 (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
2051 governor shall impose a civil fine of $1,000 against a corporation that violates Subsection
2052 (3)(a).
2053 Section 24. Section 20A-11-801 is amended to read:
2054 20A-11-801. Political issues committees -- Registration -- Criminal penalty for
2055 providing false information or accepting unlawful contribution.
2056 (1) (a) Unless the political issues committee has filed a notice of dissolution under
2057 Subsection (4), each political issues committee shall file a statement of organization with the
2058 lieutenant governor's office:
2059 (i) before 5 p.m. on January 10 of each year; or
2060 (ii) electronically, before midnight on January 10 of each year.
2061 (b) If a political issues committee is organized after the filing deadline described in
2062 Subsection (1)(a), the political issues committee shall file an initial statement of organization
2063 no later than seven days after the day on which the political issues committee:
2064 (i) receives political issues contributions totaling at least $750; or
2065 (ii) distributes political issues expenditures totaling at least $750.
2066 (c) Each political issues committee shall deposit each contribution received into one or
2067 more separate accounts in a financial institution that are dedicated only to that purpose.
2068 (2) (a) Each political issues committee shall designate two officers that have primary
2069 decision-making authority for the political issues committee.
2070 (b) An individual may not exercise primary decision-making authority for a political
2071 issues committee if the individual is not designated under Subsection (2)(a).
2072 (3) The statement of organization shall include:
2073 (a) the name and [
2074 (b) the name, [
2075 officers designated under Subsection (2);
2076 (c) the name, [
2077 issues committee;
2078 (d) the name and [
2079 association, unit of government, or union that the political issues committee represents, if any;
2080 (e) the name and [
2081 relationships to the political issues committee;
2082 (f) the name, [
2083 number of the committee's treasurer or chief financial officer;
2084 (g) the name, [
2085 advisory boards, if any; and
2086 (h) the ballot proposition whose outcome they wish to affect, and whether they support
2087 or oppose it.
2088 (4) (a) A registered political issues committee that intends to permanently cease
2089 operations during a calendar year shall:
2090 (i) dispose of all remaining funds by returning the funds to donors or donating the
2091 funds to an organization that is exempt from federal income taxation under Section 501(c)(3),
2092 Internal Revenue Code; and
2093 (ii) after complying with Subsection (4)(a)(i), file a notice of dissolution with the
2094 lieutenant governor's office.
2095 (b) A political issues committee may not donate money to a political action committee,
2096 but may accept a contribution from a political action committee.
2097 (c) Any notice of dissolution filed by a political issues committee does not exempt that
2098 political issues committee from complying with the financial reporting requirements of this
2099 chapter in relation to all contributions received, and all expenditures made, before, at, or after
2100 dissolution.
2101 (d) A political issues committee shall report all money donated or expended under
2102 Subsection (4)(a) in a financial report to the lieutenant governor, in accordance with the
2103 financial reporting requirements described in this chapter.
2104 (5) (a) Unless the political issues committee has filed a notice of dissolution under
2105 Subsection (4), a political issues committee shall file, with the lieutenant governor's office,
2106 notice of any change of an officer described in Subsection (2).
2107 (b) A political issues committee shall:
2108 (i) file a notice of a change of a primary officer described in Subsection (2)(a) before 5
2109 p.m. within 10 days after the day on which the change occurs; and
2110 (ii) include in the notice of change the name and title of the officer being replaced and
2111 the name, [
2112 (6) (a) A person is guilty of providing false information in relation to a political issues
2113 committee if the person intentionally or knowingly gives false or misleading material
2114 information in the statement of organization or the notice of change of primary officer.
2115 (b) Each primary officer designated in Subsection (2)(a) or (5)(b) is guilty of accepting
2116 an unlawful contribution if the political issues committee knowingly or recklessly accepts a
2117 contribution from a corporation that:
2118 (i) was organized less than 90 days before the date of the general election; and
2119 (ii) at the time the political issues committee accepts the contribution, has failed to file
2120 a statement of organization with the lieutenant governor's office as required by Section
2121 20A-11-704.
2122 (c) A violation of this Subsection (6) is a third degree felony.
2123 (7) (a) As used in this Subsection (7), "received" means:
2124 (i) for a cash contribution, that the cash is given to a political issues committee;
2125 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
2126 instrument or check is negotiated; and
2127 (iii) for any other type of contribution, that any portion of the contribution's benefit
2128 inures to the political issues committee.
2129 (b) Each political issues committee shall report to the lieutenant governor each
2130 contribution received by the political issues committee within three business days after the day
2131 on which the contribution is received if the contribution is received within 30 days before the
2132 last day on which the sponsors of the initiative or referendum described in Subsection
2133 20A-11-801(3)(h) may submit signatures to qualify the initiative or referendum for the ballot.
2134 (c) For each contribution that a political issues committee fails to report within the
2135 period described in Subsection (7)(b), the lieutenant governor shall impose a fine against the
2136 political issues committee in an amount equal to:
2137 (i) 10% of the amount of the contribution, if the political issues committee reports the
2138 contribution within 60 days after the last day on which the political issues committee should
2139 have reported the contribution under Subsection (7)(b); or
2140 (ii) 20% of the amount of the contribution, if the political issues committee fails to
2141 report the contribution within 60 days after the last day on which the political issues committee
2142 should have reported the contribution under Subsection (7)(b).
2143 (d) The lieutenant governor shall:
2144 (i) deposit money received under Subsection (7)(c) into the General Fund; and
2145 (ii) report on the lieutenant governor's website, in the location where reports relating to
2146 each political issues committee are available for public access:
2147 (A) each fine imposed by the lieutenant governor against the political issues
2148 committee;
2149 (B) the amount of the fine;
2150 (C) the amount of the contribution to which the fine relates; and
2151 (D) the date of the contribution.
2152 Section 25. Section 20A-11-803 is amended to read:
2153 20A-11-803. Criminal penalties -- Fines.
2154 (1) (a) As used in this Subsection (1), "completed" means that:
2155 (i) the financial statement accurately and completely details the information required
2156 by this part except for inadvertent omissions or insignificant errors or inaccuracies; and
2157 (ii) the political issues committee corrects the omissions, errors, or inaccuracies
2158 described in Subsection (1)(a) in an amended report or the next scheduled report.
2159 (b) Each political issues committee that fails to file a completed financial statement
2160 before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
2161 (c) Each political issues committee that fails to file a completed financial statement
2162 described in Subsection 20A-11-802(1)(a)(vii) or (viii) is guilty of a class B misdemeanor.
2163 (d) The lieutenant governor shall report all violations of Subsection (1)(c) to the
2164 attorney general.
2165 (2) Within [
2166 lieutenant governor shall review each filed statement to ensure that:
2167 (a) each political issues committee that is required to file a statement has filed one; and
2168 (b) each statement contains the information required by this part.
2169 (3) If it appears that any political issues committee has failed to file the January 10
2170 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
2171 governor has received a written complaint alleging a violation of the law or the falsity of any
2172 statement, the lieutenant governor shall, within five days after the day on which the lieutenant
2173 governor discovers the violation or receives the written complaint, notify the political issues
2174 committee of the violation or written complaint and direct the political issues committee to file
2175 a statement correcting the problem.
2176 (4) (a) It is unlawful for any political issues committee to fail to file or amend a
2177 statement within seven days after the day on which the political issues committee receives
2178 notice from the lieutenant governor under this section.
2179 (b) Each political issues committee that violates Subsection (4)(a) is guilty of a class B
2180 misdemeanor.
2181 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
2182 attorney general.
2183 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
2184 governor shall impose a civil fine of $1,000 against a political issues committee that violates
2185 Subsection (4)(a).
2186 Section 26. Section 20A-11-1205 is amended to read:
2187 20A-11-1205. Use of public email for a political purpose.
2188 (1) Except as provided in Subsection (5), a person may not send an email using the
2189 email of a public entity:
2190 (a) for a political purpose;
2191 (b) to advocate for or against a proposed initiative, initiative, proposed referendum,
2192 [
2193 (c) to solicit a campaign contribution.
2194 (2) (a) The lieutenant governor shall, after giving the person and the complainant
2195 notice and an opportunity to be heard, impose a civil fine against a person who violates
2196 Subsection (1) as follows:
2197 (i) up to $250 for a first violation; and
2198 (ii) except as provided in Subsection (3), for each subsequent violation committed after
2199 the lieutenant governor imposes a fine against the person for a first violation, $1,000 multiplied
2200 by the number of violations committed by the person.
2201 (b) A person may, within 30 days after the day on which the lieutenant governor
2202 imposes a fine against the person under this Subsection (2), appeal the fine to a district court.
2203 (3) The lieutenant governor shall consider a violation of this section as a first violation
2204 if the violation is committed more than seven years after the day on which the person last
2205 committed a violation of this section.
2206 (4) For purposes of this section, one violation means one act of sending an email,
2207 regardless of the number of recipients of the email.
2208 (5) A person does not violate this section if:
2209 (a) the lieutenant governor finds that the email described in Subsection (1) was
2210 inadvertently sent by the person using the email of a public entity;
2211 (b) the person is directly providing information solely to another person or a group of
2212 people in response to a question asked by the other person or group of people;
2213 (c) the information the person emails is an argument or rebuttal argument prepared
2214 under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing argument and
2215 rebuttal argument that:
2216 (i) relates to the same proposed initiative, initiative, proposed referendum, or
2217 referendum; and
2218 (ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402; or
2219 (d) the person is engaging in:
2220 (i) an internal communication solely within the public entity;
2221 (ii) a communication solely with another public entity;
2222 (iii) a communication solely with legal counsel;
2223 (iv) a communication solely with the sponsors of an initiative or referendum;
2224 (v) a communication solely with a land developer for a project permitted by a local
2225 land use law that is challenged by a proposed referendum or a referendum; or
2226 (vi) a communication solely with a person involved in a business transaction directly
2227 relating to a project described in Subsection (5)(d)(v).
2228 (6) A violation of this section does not invalidate an otherwise valid election.
2229 (7) An email sent in violation of Subsection (1), as determined by the records officer,
2230 constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of Title
2231 63G, Chapter 2, Government Records Access and Management Act, notwithstanding any
2232 applicability of Subsection 63G-2-103(22)(b)(i).
2233 Section 27. Section 20A-11-1305 is amended to read:
2234 20A-11-1305. School board office candidate -- Failure to file statement --
2235 Penalties.
2236 (1) A school board office candidate who fails to file a financial statement by the
2237 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
2238 (2) If a school board office candidate fails to file an interim report described in
2239 Subsections 20A-11-1303(1)(c)(i) through (iv), the lieutenant governor may send an electronic
2240 notice to the school board office candidate and the political party of which the school board
2241 office candidate is a member, if any, that states:
2242 (a) that the school board office candidate failed to timely file the report; and
2243 (b) that, if the school board office candidate fails to file the report within 24 hours after
2244 the deadline for filing the report, the school board office candidate will be disqualified and the
2245 political party will not be permitted to replace the candidate.
2246 (3) (a) The lieutenant governor shall disqualify a school board office candidate and
2247 inform the county clerk and other appropriate election officials that the school board office
2248 candidate is disqualified if the school board office candidate fails to file an interim report
2249 described in Subsections 20A-11-1303(1)(c)(i) through (iv) within 24 hours after the deadline
2250 for filing the report.
2251 (b) The political party of a school board office candidate who is disqualified under
2252 Subsection (3)(a) may not replace the school board office candidate.
2253 (4) (a) If a school board office candidate is disqualified under Subsection (3)(a), the
2254 election officer shall:
2255 (i) remove the school board office candidate's name from the ballot; or
2256 (ii) if removing the school board office candidate's name from the ballot is not
2257 practicable, inform the voters by any practicable method that the school board office candidate
2258 has been disqualified and that votes cast for the school board office candidate will not be
2259 counted.
2260 (b) An election officer may fulfill the requirement described in Subsection (4)(a) in
2261 relation to an absentee voter, including a military or overseas absentee voter, by including with
2262 the absentee ballot a written notice directing the voter to a public website that will inform the
2263 voter whether a candidate on the ballot is disqualified.
2264 (5) A school board office candidate is not disqualified if:
2265 (a) the school board office candidate files the reports described in Subsections
2266 20A-11-1303(1)(c)(i) through (iv) no later than 24 hours after the applicable deadlines for
2267 filing the reports;
2268 (b) the reports are completed, detailing accurately and completely the information
2269 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
2270 and
2271 (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
2272 an amended report or the next scheduled report.
2273 (6) (a) Within [
2274 lieutenant governor shall review each filed summary report to ensure that:
2275 (i) each school board office candidate who is required to file a summary report has
2276 filed the report; and
2277 (ii) each summary report contains the information required by this part.
2278 (b) If it appears that a school board office candidate has failed to file the summary
2279 report required by law, if it appears that a filed summary report does not conform to the law, or
2280 if the lieutenant governor has received a written complaint alleging a violation of the law or the
2281 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
2282 violation or receipt of a written complaint, notify the school board office candidate of the
2283 violation or written complaint and direct the school board office candidate to file a summary
2284 report correcting the problem.
2285 (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
2286 summary report within seven days after receiving the notice described in Subsection (6)(b)
2287 from the lieutenant governor.
2288 (ii) Each school board office candidate who violates Subsection (6)(c)(i) is guilty of a
2289 class B misdemeanor.
2290 (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
2291 attorney general.
2292 (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
2293 governor shall impose a civil fine of $100 against a school board office candidate who violates
2294 Subsection (6)(c)(i).
2295 Section 28. Section 20A-11-1503 is amended to read:
2296 20A-11-1503. Criminal penalties -- Fines.
2297 (1) Within [
2298 by this part, the lieutenant governor shall review each filed financial statement to ensure that:
2299 (a) each labor organization that is required to file a financial statement has filed one;
2300 and
2301 (b) each financial statement contains the information required by this part.
2302 (2) If it appears that any labor organization has failed to file a financial statement, if it
2303 appears that a filed financial statement does not conform to the law, or if the lieutenant
2304 governor has received a written complaint alleging a violation of the law or the falsity of a
2305 financial statement, the lieutenant governor shall:
2306 (a) impose a fine against the labor organization in accordance with Section
2307 20A-11-1005; and
2308 (b) within five days of discovery of a violation or receipt of a written complaint, notify
2309 the labor organization of the violation or written complaint and direct the labor organization to
2310 file a financial statement correcting the problem.
2311 (3) (a) It is unlawful for any labor organization to fail to file or amend a financial
2312 statement within seven days after receiving notice from the lieutenant governor under this
2313 section.
2314 (b) Each labor organization that violates Subsection (3)(a) is guilty of a class B
2315 misdemeanor.
2316 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
2317 attorney general.
2318 (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
2319 governor shall impose a civil fine of $1,000 against a labor organization that violates
2320 Subsection (3)(a).
2321 Section 29. Section 20A-11-1605 is amended to read:
2322 20A-11-1605. Failure to file -- Penalties.
2323 (1) Within [
2324 file a conflict of interest disclosure under Subsection 20A-11-1604(3)(a)(i), (b)(i), (c)(i), (d)(i),
2325 (e)(i), or (f)(i), the lieutenant governor shall review each filed conflict of interest disclosure to
2326 ensure that:
2327 (a) each regulated officeholder who is required to file a conflict of interest disclosure
2328 has filed one; and
2329 (b) each conflict of interest disclosure contains the information required under Section
2330 20A-11-1604.
2331 (2) The lieutenant governor shall take the action described in Subsection (3) if:
2332 (a) a regulated officeholder has failed to timely file a conflict of interest disclosure;
2333 (b) a filed conflict of interest disclosure does not comply with the requirements of
2334 Section 20A-11-1604; or
2335 (c) the lieutenant governor receives a written complaint alleging a violation of Section
2336 20A-11-1604, other than Subsection 20A-11-1604(1), and after receiving the complaint and
2337 giving the regulated officeholder notice and an opportunity to be heard, the lieutenant governor
2338 determines that a violation occurred.
2339 (3) If a circumstance described in Subsection (2) occurs, the lieutenant governor shall,
2340 within five days after the day on which the lieutenant governor determines that a violation
2341 occurred, notify the regulated officeholder of the violation and direct the regulated officeholder
2342 to file an amended report correcting the problem.
2343 (4) (a) It is unlawful for a regulated officeholder to fail to file or amend a conflict of
2344 interest disclosure within seven days after the day on which the regulated officeholder receives
2345 the notice described in Subsection (3).
2346 (b) A regulated officeholder who violates Subsection (4)(a) is guilty of a class B
2347 misdemeanor.
2348 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
2349 attorney general.
2350 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
2351 governor shall impose a civil fine of $100 against a regulated officeholder who violates
2352 Subsection (4)(a).
2353 (5) The lieutenant governor shall deposit a fine collected under this part into the
2354 General Fund as a dedicated credit to pay for the costs of administering the provisions of this
2355 part.
2356 Section 30. Section 20A-13-301 is amended to read:
2357 20A-13-301. Presidential elections -- Effect of vote.
2358 (1) (a) Each registered political party shall choose [
2359 presidential electors and to fill vacancies in the office of presidential electors for their party's
2360 candidates for [
2361 according to the procedures established in their bylaws.
2362 (b) Each registered political party shall certify to the lieutenant governor the names and
2363 addresses of the [
2364 electors before 5 p.m. no later than August 31.
2365 [
2366
2367 (c) An unaffiliated candidate or write-in candidate for the office of president of the
2368 United States shall, no later than 5 p.m. ten days after the day on which the candidate files a
2369 declaration of candidacy, certify to the lieutenant governor the names and addresses of each
2370 individual selected by the candidate as a presidential elector for the candidate and each
2371 individual selected by the candidate to fill a vacancy in the office of presidential elector for the
2372 candidate.
2373 (2) The highest number of votes cast for candidates for president and vice president of
2374 the United States elects the presidential electors for:
2375 (a) except as provided in Subsection (2)(b), the political party of those candidates; or
2376 (b) if the candidates receiving the highest number of votes are unaffiliated candidates
2377 or write-in candidates, the presidential electors selected for those candidates under Subsection
2378 (1)(c).
2379 Section 31. Section 20A-13-302 is amended to read:
2380 20A-13-302. Certificate of election.
2381 (1) The lieutenant governor shall transmit certificates of election to each of the electors
2382 selected under Section 20A-13-301:
2383 (a) if the candidates for president and vice president of the United States who receive
2384 the highest number of votes in the state are unaffiliated candidates or write-in candidates, by
2385 the candidate for president; or
2386 (b) if the candidates for president and vice president of the United States who receive
2387 the highest number of votes in the state are the nominees of a registered political party, by the
2388 registered political party [
2389
2390 (2) Presidential electors may not receive compensation for their services.
2391 Section 32. Section 20A-13-303 is amended to read:
2392 20A-13-303. Filling vacancies.
2393 If there is a vacancy in the office of presidential elector because of death, refusal to act,
2394 failure to attend, ineligibility, or any other cause, the individual or political party represented by
2395 the elector who caused the vacancy shall immediately fill the vacancy.
2396 Section 33. Section 20A-13-304 is amended to read:
2397 20A-13-304. Meeting to ballot -- Casting ballot for individual not nominated by
2398 elector's candidate or party.
2399 (1) The electors shall meet at the office of the lieutenant governor at the state capitol at
2400 noon of the first Wednesday of the January after their election, or at noon of any other day
2401 designated by the Congress of the United States of America.
2402 (2) After convening, the electors shall perform their duties in conformity with the
2403 United States Constitution and laws.
2404 (3) Any elector who casts an electoral ballot for [
2405 by the individual, or by the party of which [
2406 death or felony conviction of a candidate, is considered to have resigned from the office of
2407 elector, [
2408 another [
2409 Section 34. Section 36-11-103 is amended to read:
2410 36-11-103. Licensing requirements.
2411 (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
2412 lieutenant governor by completing the form required by this section.
2413 (b) The lieutenant governor shall issue licenses to qualified lobbyists.
2414 (c) The lieutenant governor shall prepare a Lobbyist License Application Form that
2415 includes:
2416 (i) a place for the lobbyist's name and business address;
2417 (ii) a place for the following information for each principal for whom the lobbyist
2418 works or is hired as an independent contractor:
2419 (A) the principal's name;
2420 (B) the principal's business address;
2421 (C) the name of each public official that the principal employs and the nature of the
2422 employment with the public official; and
2423 (D) the general purposes, interests, and nature of the principal;
2424 (iii) a place for the name and address of the person who paid or will pay the lobbyist's
2425 [
2426 (iv) a place for the lobbyist to disclose:
2427 (A) any elected or appointed position that the lobbyist holds in state or local
2428 government, if any; and
2429 (B) the name of each public official that the lobbyist employs and the nature of the
2430 employment with the public official, if any;
2431 (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
2432 will be reimbursed; and
2433 (vi) a certification to be signed by the lobbyist that certifies that the information
2434 provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
2435 belief.
2436 (2) Each lobbyist who obtains a license under this section shall update the licensure
2437 information when the lobbyist accepts employment for lobbying by a new client.
2438 (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
2439 lobbying license to an applicant who:
2440 (i) files an application with the lieutenant governor that contains the information
2441 required by this section;
2442 (ii) completes the training required by Section 36-11-307; and
2443 (iii) pays a $60 [
2444 (b) A license entitles a person to serve as a lobbyist on behalf of one or more principals
2445 and expires on December 31 each year.
2446 (4) (a) The lieutenant governor may disapprove an application for a lobbying license:
2447 (i) if the applicant has been convicted of violating Section 76-8-103, 76-8-107,
2448 76-8-108, or 76-8-303 within five years before the date of the lobbying license application;
2449 (ii) if the applicant has been convicted of violating Section 76-8-104 or 76-8-304
2450 within one year before the date of the lobbying license application;
2451 (iii) during the term of any suspension imposed under Section 36-11-401;
2452 (iv) if the applicant has not complied with Subsection 36-11-307(6);
2453 (v) during the term of a suspension imposed under Subsection 36-11-501(3);
2454 (vi) if the lobbyist fails to pay a fine imposed under Subsection 36-11-501(3);
2455 (vii) if, within one year before the date of the lobbying license application, the
2456 applicant has been found to have willingly and knowingly:
2457 (A) violated this section or Section 36-11-201, 36-11-301, 36-11-302, 36-11-303,
2458 36-11-304, 36-11-305, or 36-11-403; or
2459 (B) filed a document required by this chapter that the lobbyist knew contained
2460 materially false information or omitted material information; or
2461 (viii) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter
2462 24, Lobbying Restrictions Act.
2463 (b) An applicant may appeal the disapproval in accordance with the procedures
2464 established by the lieutenant governor under this chapter and Title 63G, Chapter 4,
2465 Administrative Procedures Act.
2466 (5) The lieutenant governor shall deposit each [
2467 Fund as a dedicated credit to be used by the lieutenant governor to pay the cost of
2468 administering the license program described in this section.
2469 (6) A principal need not obtain a license under this section, but if the principal makes
2470 expenditures to benefit a public official without using a lobbyist as an agent to confer those
2471 benefits, the principal shall disclose those expenditures as required by Section 36-11-201.
2472 (7) Government officers need not obtain a license under this section, but shall disclose
2473 any expenditures made to benefit public officials as required by Section 36-11-201.
2474 (8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
2475 lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
2476 reports by Section 36-11-201.