1     
FINANCIAL DISCLOSURES AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeffrey D. Stenquist

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to the Election Code regarding the deadlines for political
10     financial disclosures.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires certain state office candidates and state officeholders to disclose all
14     campaign contributions and expenditures within 31 days after the date of the
15     contribution or expenditure;
16          ▸     removes interim reporting requirements for certain state office candidates and state
17     officeholders; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-11-103, as last amended by Laws of Utah 2016, Chapter 16
26          20A-11-201, as last amended by Laws of Utah 2019, Chapter 74
27          20A-11-203, as last amended by Laws of Utah 2019, Chapter 74
28          20A-11-204, as last amended by Laws of Utah 2019, Chapter 74
29          20A-11-205, as last amended by Laws of Utah 2013, Chapter 170
30          20A-11-206, as last amended by Laws of Utah 2020, Chapters 22 and 31
31          20A-11-301, as last amended by Laws of Utah 2019, Chapter 74
32          20A-11-302, as last amended by Laws of Utah 2019, Chapter 74
33          20A-11-303, as last amended by Laws of Utah 2019, Chapter 74
34          20A-11-304, as last amended by Laws of Utah 2013, Chapter 170
35          20A-11-305, as last amended by Laws of Utah 2020, Chapters 22 and 31
36          20A-11-403, as last amended by Laws of Utah 2020, Chapter 22
37          20A-11-1301, as last amended by Laws of Utah 2019, Chapter 74
38          20A-11-1302, as last amended by Laws of Utah 2019, Chapter 74
39          20A-11-1303, as last amended by Laws of Utah 2019, Chapter 74
40          20A-11-1304, as enacted by Laws of Utah 1997, Chapter 355
41          20A-11-1305, as last amended by Laws of Utah 2020, Chapters 22 and 31
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 20A-11-103 is amended to read:
45          20A-11-103. Notice of pending interim and summary reports -- Financial
46     Statements -- Form of submission -- Public availability -- Notice of reporting and filing
47     requirements.
48          (1) (a) Except as provided under Subsection (1)(b), 10 days before an interim report or
49     summary report is due under this chapter or Chapter 12, Part 2, Judicial Retention Elections,
50     the chief election officer shall inform the filing entity by electronic mail unless postal mail is
51     requested:
52          (i) that the financial statement is due;
53          (ii) of the date that the financial statement is due; and
54          (iii) of the penalty for failing to file the financial statement.
55          (b) The chief election officer is not required to provide notice:
56          [(i) to a candidate or political party of the financial statement that is due before the
57     candidate's or political party's political convention;]
58          [(ii)] (i) of a financial statement due in connection with a public hearing for an
59     initiative under the requirements of Section 20A-7-204.1; or
60          [(iii)] (ii) to a corporation or labor organization, as defined in Section 20A-11-1501.
61          (2) A filing entity shall electronically file a financial statement via electronic mail or
62     the Internet according to specifications established by the chief election officer.
63          (3) (a) A financial statement is considered timely filed if the financial statement is
64     received by the chief election officer's office before midnight, Mountain Time, at the end of the
65     day on which the financial statement is due.
66          (b) For a county clerk's office that is not open until midnight at the end of the day on
67     which a financial statement is due, the county clerk shall permit a candidate to file the financial
68     statement via email or another electronic means designated by the county clerk.
69          (c) A chief election officer may extend the time in which a filing entity is required to
70     file a financial statement if a filing entity notifies the chief election officer of the existence of
71     an extenuating circumstance that is outside the control of the filing entity.
72          (4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
73     Access and Management Act, the lieutenant governor shall:
74          (a) make each campaign [finance] financial statement filed by a candidate available for
75     public inspection and copying no later than one business day after the statement is filed; and
76          (b) post an electronic copy or the contents of each financial statement in a searchable
77     format on a website established by the lieutenant governor:
78          (i) for campaign [finance] financial statements submitted to the lieutenant governor
79     under the requirements of Section 10-3-208 or Section 17-16-6.5, no later than seven business
80     days after the date of receipt of the campaign [finance] financial statement; or
81          (ii) for a summary report or interim report filed under the requirements of this chapter
82     or Chapter 12, Part 2, Judicial Retention Elections, no later than three business days after the
83     date the summary report or interim report is electronically filed.
84          (5) If a municipality, under Section 10-3-208, or a county, under Section 17-16-6.5,
85     elects to provide campaign [finance disclosure] financial statements on [its] the municipality's
86     or county's own website, rather than through the lieutenant governor, the website established by
87     the lieutenant governor shall contain a link or other access point to the municipality or county
88     website.
89          (6) Between January 1 and January 15 of each year, the chief election officer shall
90     provide notice, by postal mail or email, to each filing entity for which the chief election officer
91     has a physical or email address, of the reporting and filing requirements described in this
92     chapter.
93          Section 2. Section 20A-11-201 is amended to read:
94          20A-11-201. State office -- Separate bank account for campaign funds -- No
95     personal use -- State office candidate reporting deadline -- Report other accounts --
96     Anonymous contributions.
97          (1) (a) Each state office candidate or the candidate's personal campaign committee
98     shall deposit each contribution received in one or more separate campaign accounts in a
99     financial institution.
100          (b) A state office candidate or a candidate's personal campaign committee may not use
101     money deposited in a campaign account for:
102          (i) a personal use expenditure; or
103          (ii) an expenditure prohibited by law.
104          (c) Each state officeholder or the state officeholder's personal campaign committee
105     shall deposit each contribution and public service assistance received in one or more separate
106     campaign accounts in a financial institution.
107          (d) A state officeholder or a state officeholder's personal campaign committee may not
108     use money deposited in a campaign account for:
109          (i) a personal use expenditure; or
110          (ii) an expenditure prohibited by law.
111          (2) (a) A state office candidate or the candidate's personal campaign committee may
112     not deposit or mingle any contributions received into a personal or business account.
113          (b) A state officeholder or the state officeholder's personal campaign committee may
114     not deposit or mingle any contributions or public service assistance received into a personal or
115     business account.
116          (3) If a person who is no longer a state office candidate chooses not to expend the
117     money remaining in a campaign account, the person shall continue to file the year-end
118     summary report required by Section 20A-11-203 until the statement of dissolution and final
119     summary report required by Section 20A-11-205 are filed with the lieutenant governor.
120          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
121     is no longer a state office candidate may not expend or transfer the money in a campaign
122     account in a manner that would cause the former state office candidate to recognize the money
123     as taxable income under federal tax law.
124          (b) A person who is no longer a state office candidate may transfer the money in a
125     campaign account in a manner that would cause the former state office candidate to recognize
126     the money as taxable income under federal tax law if the transfer is made to a campaign
127     account for federal office.
128          (5) (a) As used in this Subsection (5) [and Section 20A-11-204], "received" means:
129          (i) for a cash contribution, that the cash is given to a state office candidate or a member
130     of the candidate's personal campaign committee;
131          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
132     instrument or check is negotiated; and
133          (iii) for any other type of contribution, that any portion of the contribution's benefit
134     inures to the state office candidate.
135          (b) Each state office candidate shall report to the lieutenant governor:
136          (i) each contribution received and expenditure made by the state office candidate[: (i)
137     except as provided in Subsection (5)(b)(ii),] within 31 days after the day on which the
138     contribution is received[; or] or the expenditure is made; and
139          [(ii) within three business days after the day on which the contribution is received, if:]
140          (ii) with each report made under Subsection (5)(b)(i), the name of each political action
141     committee for which the state office candidate is designated as an officer who has primary
142     decision-making authority under Section 20A-11-601.
143          [(A) the state office candidate is contested in a convention and the contribution is
144     received within 30 days before the day on which the convention is held;]
145          [(B) the state office candidate is contested in a primary election and the contribution is
146     received within 30 days before the day on which the primary election is held; or]
147          [(C) the state office candidate is contested in a general election and the contribution is
148     received within 30 days before the day on which the general election is held.]
149          (c) Except as provided in Subsection (5)(d), for each contribution or expenditure that a
150     state office candidate fails to report within the time period described in Subsection (5)(b), the
151     lieutenant governor shall impose a fine against the state office candidate in an amount equal to:
152          (i) 10% of the amount of the contribution or expenditure, if the state office candidate
153     reports the contribution or expenditure within 60 days after the day on which the time period
154     described in Subsection (5)(b) ends; or
155          (ii) 20% of the amount of the contribution or expenditure, if the state office candidate
156     fails to report the contribution or expenditure within 60 days after the day on which the time
157     period described in Subsection (5)(b) ends.
158          (d) The lieutenant governor may waive the fine described in Subsection (5)(c) and
159     issue a warning to the state office candidate if:
160          (i) the contribution that the state office candidate fails to report is paid by the state
161     office candidate from the state office candidate's personal funds;
162          (ii) the state office candidate has not previously violated Subsection (5)(c) in relation to
163     a contribution paid by the state office candidate from the state office candidate's personal
164     funds; and
165          (iii) the lieutenant governor determines that the failure to timely report the contribution
166     is due to the state office candidate not understanding that the reporting requirement includes a
167     contribution paid by a state office candidate from the state office candidate's personal funds.
168          (e) The lieutenant governor shall:
169          (i) deposit money received under Subsection (5)(c) into the General Fund; and
170          (ii) report on the lieutenant governor's website, in the location where reports relating to
171     each state office candidate are available for public access:
172          (A) each fine imposed by the lieutenant governor against the state office candidate;
173          (B) the amount of the fine;
174          (C) the amount of the contribution or expenditure to which the fine relates; and
175          (D) the date of the contribution or expenditure.
176          (6) (a) As used in this Subsection (6), "account" means an account in a financial
177     institution:
178          (i) that is not described in Subsection (1)(a); and
179          (ii) into which or from which a person who, as a candidate for an office, other than the
180     state office for which the person files a declaration of candidacy or federal office, or as a holder
181     of an office, other than a state office for which the person files a declaration of candidacy or
182     federal office, deposits a contribution or makes an expenditure.
183          (b) A state office candidate shall include on any financial statement filed in accordance
184     with this part:
185          (i) a contribution deposited in an account:
186          (A) since the last campaign [finance] financial statement was filed; or
187          (B) that has not been reported under a statute or ordinance that governs the account; or
188          (ii) an expenditure made from an account:
189          (A) since the last campaign [finance] financial statement was filed; or
190          (B) that has not been reported under a statute or ordinance that governs the account.
191          (7) Within 31 days after receiving a contribution that is cash or a negotiable
192     instrument, exceeds $50, and is from an unknown source, a state office candidate shall disburse
193     the amount of the contribution to:
194          (a) the treasurer of the state or a political subdivision for deposit into the state's or
195     political subdivision's general fund; or
196          (b) an organization that is exempt from federal income taxation under Section
197     501(c)(3), Internal Revenue Code.
198          Section 3. Section 20A-11-203 is amended to read:
199          20A-11-203. Former state office candidate -- Financial reporting requirements --
200     Year-end summary report.
201          [(1) (a) Each state office candidate shall file a summary report by January 10 of the
202     year after the regular general election year.]
203          [(b) In addition to the requirements of Subsection (1)(a), a]
204          (1) A former state office candidate [that] who is not an officeholder and who has not
205     filed the statement of dissolution and final summary report required under Section 20A-11-205
206     shall [continue to] file a summary report on January 10 of each year.
207          (2) (a) Each summary report shall include the following information as of December 31
208     of the previous year:
209          (i) the net balance of the last financial statement, if any;
210          [(ii) a single figure equal to the total amount of receipts reported on all interim reports,
211     if any;]
212          [(iii) a single figure equal to the total amount of expenditures reported on all interim
213     reports, if any, filed during the previous year;]
214          [(iv)] (ii) a detailed listing of each contribution received [since the last summary
215     report] and expenditure made that has not been reported in detail on [an interim report] a
216     financial statement;
217          [(v)] (iii) for each nonmonetary contribution:
218          (A) the fair market value of the contribution with that information provided by the
219     contributor; and
220          (B) a specific description of the contribution;
221          [(vi)] (iv) a detailed listing of each expenditure made since the last summary report that
222     has not been reported in detail on [an interim report] a financial statement;
223          [(vii)] (v) for each nonmonetary expenditure, the fair market value of the expenditure;
224          [(viii)] (vi) a net balance for the year consisting of the net balance from the last
225     summary report, if any, plus all receipts minus all expenditures; and
226          [(ix)] (vii) the name of a political action committee for which the former state office
227     candidate is designated as an officer who has primary decision-making authority under Section
228     20A-11-601.
229          (b) In preparing the report, all receipts and expenditures shall be reported as of
230     December 31 of the previous year.
231          (c) A check or negotiable instrument received by a former state office candidate or a
232     former state office candidate's personal campaign committee on or before December 31 of the
233     previous year shall be included in the summary report.
234          (3) An authorized member of the former state office candidate's personal campaign
235     committee or the former state office candidate shall certify in the summary report that, to the
236     best of the person's knowledge, all receipts and all expenditures have been reported as of
237     December 31 of the previous year and that there are no bills or obligations outstanding and
238     unpaid except as set forth in that report.
239          Section 4. Section 20A-11-204 is amended to read:
240          20A-11-204. State office candidate and state officeholder -- Financial reporting
241     requirements -- Interim reports.
242          [(1) Except as provided in Subsection (2), each state office candidate shall file an
243     interim report at the following times in any year in which the candidate has filed a declaration
244     of candidacy for a public office:]
245          [(a) (i) seven days before the candidate's political convention; or]
246          [(ii) for an unaffiliated candidate, the fourth Saturday in March;]
247          [(b) seven days before the regular primary election date;]
248          [(c) September 30; and]
249          [(d) seven days before the regular general election date.]
250          (1) As used in this section, "received" means the same as that term is defined in
251     Section 20A-11-201.
252          (2) If a state office candidate is a state office candidate seeking appointment for a
253     midterm vacancy, the state office candidate[: (a)] shall file an interim report:
254          [(i) (A)] (a) (i) no later than seven days before the day on which the political party of
255     the party for which the state office candidate seeks nomination meets to declare a nominee for
256     the governor to appoint in accordance with Section 20A-1-504; and
257          [(B)] (ii) two days before the day on which the political party of the party for which the
258     state office candidate seeks nomination meets to declare a nominee for the governor to appoint
259     in accordance with Subsection 20A-1-504(1)(b)(i); or
260          [(ii)] (b) if a state office candidate decides to seek the appointment with less than seven
261     days before the party meets, or the political party schedules the meeting to declare a nominee
262     less than seven days before the day of the meeting, no later than 5 p.m. on the last [day of]
263     business day before the day on which the party meets[; and].
264          [(b) is not required to file an interim report at the times described in Subsection (1).]
265          (3) (a) As used in this Subsection (3), "campaign account" means a separate campaign
266     account required under Subsection 20A-11-201(1)(a) or (c).
267          (b) Each state officeholder who has a campaign account that has not been dissolved
268     under Section 20A-11-205 shall[, in an even year, file an interim report at the following times,
269     regardless of whether an election for the state officeholder's office is held that year:] report to
270     the lieutenant governor:
271          (i) each contribution and public service assistance received and expenditure made by
272     the state officeholder within 31 days after the day on which the contribution or public service
273     assistance is received or the expenditure is made; and
274          (ii) with each report made under Subsection (3)(b)(i), the name of each political action
275     committee for which the state officeholder is designated as an officer who has primary
276     decision-making authority under Section 20A-11-601.
277          [(i) (A) seven days before the political convention for the political party of the state
278     officeholder; or]
279          [(B) for an unaffiliated state officeholder, the fourth Saturday in March;]
280          [(ii) seven days before the regular primary election date;]
281          [(iii) September 30; and]
282          [(iv) seven days before the regular general election date.]
283          (4) Each interim report described in Subsection (2) shall include the following
284     information:
285          (a) the net balance of the last summary report, if any;
286          (b) a single figure equal to the total amount of receipts reported on all prior interim
287     reports, if any, during the calendar year in which the interim report is due;
288          (c) a single figure equal to the total amount of expenditures reported on all prior
289     interim reports, if any, filed during the calendar year in which the interim report is due;
290          (d) a detailed listing of[: (i) for a state office candidate,] each contribution received
291     since the last summary report that has not been reported in detail on a prior interim report[; or];
292          [(ii) for a state officeholder, each contribution and public service assistance received
293     since the last summary report that has not been reported in detail on a prior interim report;]
294          (e) for each nonmonetary contribution:
295          (i) the fair market value of the contribution with that information provided by the
296     contributor; and
297          (ii) a specific description of the contribution;
298          (f) a detailed listing of each expenditure made since the last summary report that has
299     not been reported in detail on a prior interim report;
300          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
301          (h) a net balance for the year consisting of the net balance from the last summary
302     report, if any, plus all receipts since the last summary report minus all expenditures since the
303     last summary report;
304          (i) a summary page in the form required by the lieutenant governor that identifies:
305          (i) beginning balance;
306          (ii) total contributions and public service assistance received during the period since
307     the last statement;
308          (iii) total contributions and public service assistance received to date;
309          (iv) total expenditures during the period since the last statement; and
310          (v) total expenditures to date; and
311          (j) the name of a political action committee for which the state office candidate [or
312     state officeholder] is designated as an officer who has primary decision-making authority under
313     Section 20A-11-601.
314          (5) (a) In preparing each interim report described in Subsection (2), all receipts and
315     expenditures shall be reported as of five days before the required filing date of the report.
316          (b) Any negotiable instrument or check received by a state office candidate [or state
317     officeholder] more than five days before the required filing date of a report required by this
318     section shall be included in the interim report.
319          Section 5. Section 20A-11-205 is amended to read:
320          20A-11-205. State office candidate -- Financial reporting requirements --
321     Termination of duty to report.
322          (1) Each state office candidate seeking appointment for a midterm vacancy and the
323     candidate's personal campaign committee is active and subject to interim reporting
324     requirements until:
325          [(a) the candidate withdraws or is eliminated in a convention or primary; or]
326          [(b) if seeking appointment as a midterm vacancy state office candidate:]
327          [(i)] (a) the political party liaison fails to forward the person's name to the governor; or
328          [(ii)] (b) the governor fails to appoint the person to fill the vacancy.
329          (2) Each state office candidate and the candidate's personal campaign committee is
330     active and subject to [year-end summary] reporting requirements until the candidate has filed a
331     statement of dissolution with the lieutenant governor stating that:
332          (a) the state office candidate or the personal campaign committee is no longer receiving
333     contributions and is no longer making expenditures;
334          (b) the ending balance on the last summary report filed is zero and the balance in the
335     separate bank account required in Section 20A-11-201 is zero; and
336          (c) a final summary report in the form required by Section 20A-11-203 showing a zero
337     balance is attached to the statement of dissolution.
338          (3) A statement of dissolution and a final summary report may be filed at any time.
339          (4) Each former state office candidate who is not an officeholder and the former
340     candidate's personal campaign committee shall continue to file the year-end summary report
341     required by Section 20A-11-203 until the statement of dissolution and final summary report
342     required by this section are filed with the lieutenant governor.
343          Section 6. Section 20A-11-206 is amended to read:
344          20A-11-206. State office candidate -- Failure to file reports -- Penalties.
345          (1) A state office candidate who fails to file a financial statement before the deadline is
346     subject to a fine imposed in accordance with Section 20A-11-1005.
347          [(2) If a state office candidate fails to file an interim report described in Subsections
348     20A-11-204(1)(b) through (d), the lieutenant governor may send an electronic notice to the
349     state office candidate and the political party of which the state office candidate is a member, if
350     any, that states:]
351          [(a) that the state office candidate failed to timely file the report; and]
352          [(b) that, if the state office candidate fails to file the report within 24 hours after the
353     deadline for filing the report, the state office candidate will be disqualified and the political
354     party will not be permitted to replace the candidate.]
355          [(3) (a) The lieutenant governor shall disqualify a state office candidate and inform the
356     county clerk and other appropriate election officials that the state office candidate is
357     disqualified if the state office candidate fails to file an interim report described in Subsections
358     20A-11-204(1)(b) through (d) within 24 hours after the deadline for filing the report.]
359          [(b) The political party of a state office candidate who is disqualified under Subsection
360     (3)(a) may not replace the state office candidate.]
361          [(4) (a) If a state office candidate is disqualified under Subsection (3)(a), the election
362     official shall:]
363          [(i) remove the state office candidate's name from the ballot; or]
364          [(ii) if removing the state office candidate's name from the ballot is not practicable,
365     inform the voters by any practicable method that the state office candidate has been
366     disqualified and that votes cast for the state office candidate will not be counted.]
367          [(b) An election official may fulfill the requirement described in Subsection (4)(a) in
368     relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
369     written notice directing the voter to a public website that will inform the voter whether a
370     candidate on the ballot is disqualified.]
371          [(5) A state office candidate is not disqualified if:]
372          [(a) the state office candidate timely files the reports described in Subsections
373     20A-11-204(1)(b) through (d) no later than 24 hours after the applicable deadlines for filing the
374     reports;]
375          [(b) the reports are completed, detailing accurately and completely the information
376     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
377     and]
378          [(c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected
379     in an amended report or the next scheduled report.]
380          [(6)] (2) (a) Within 60 days after a deadline for the filing of a summary report or the
381     filing of a financial statement, the lieutenant governor shall review each filed summary report
382     or a filed financial statement to ensure that:
383          (i) each former state office candidate that is required to file a summary report has filed
384     one; and
385          (ii) each summary report or financial statement contains the information required by
386     this part.
387          (b) If it appears that any [state office candidate] individual has failed to file the
388     summary report or financial statement required by law, if it appears that a filed summary report
389     or financial statement does not conform to the law, or if the lieutenant governor has received a
390     written complaint alleging a violation of the law or the falsity of any summary report or
391     financial statement, the lieutenant governor shall, within five days of discovery of a violation or
392     receipt of a written complaint, notify the state office candidate of the violation or written
393     complaint and direct the state office candidate to file a summary report or financial statement
394     correcting the problem.
395          (c) (i) It is unlawful for a state office candidate to fail to file or amend a summary
396     report or financial statement within seven days after receiving notice from the lieutenant
397     governor described in this Subsection [(6)] (2).
398          (ii) Each state office candidate who violates Subsection [(6)] (2)(c)(i) is guilty of a
399     class B misdemeanor.
400          (iii) The lieutenant governor shall report all violations of Subsection [(6)] (2)(c)(i) to
401     the attorney general.
402          (iv) In addition to the criminal penalty described in Subsection [(6)] (2)(c)(ii), the
403     lieutenant governor shall impose a civil fine of $100 against a state office candidate who
404     violates Subsection [(6)] (2)(c)(i).
405          Section 7. Section 20A-11-301 is amended to read:
406          20A-11-301. Legislative office -- Campaign finance requirements -- Candidate as
407     a political action committee officer -- No personal use -- Reporting deadline -- Report
408     other accounts -- Anonymous contributions.
409          (1) (a) (i) Each legislative office candidate shall deposit each contribution received in
410     one or more separate accounts in a financial institution that are dedicated only to that purpose.
411          (ii) A legislative office candidate may:
412          (A) receive a contribution from a political action committee registered under Section
413     20A-11-601; and
414          (B) be designated by a political action committee as an officer who has primary
415     decision-making authority as described in Section 20A-11-601.
416          (b) A legislative office candidate or the candidate's personal campaign committee may
417     not use money deposited in an account described in Subsection (1)(a)(i) for:
418          (i) a personal use expenditure; or
419          (ii) an expenditure prohibited by law.
420          (c) (i) Each legislative officeholder shall deposit each contribution and public service
421     assistance received in one or more separate accounts in a financial institution that are dedicated
422     only to that purpose.
423          (ii) A legislative officeholder may:
424          (A) receive a contribution or public service assistance from a political action
425     committee registered under Section 20A-11-601; and
426          (B) be designated by a political action committee as an officer who has primary
427     decision-making authority as described in Section 20A-11-601.
428          (d) A legislative officeholder or the legislative officeholder's personal campaign
429     committee may not use money deposited in an account described in Subsection (1)(c)(i) for:
430          (i) a personal use expenditure; or
431          (ii) an expenditure prohibited by law.
432          (2) (a) A legislative office candidate may not deposit or mingle any contributions
433     received into a personal or business account.
434          (b) A legislative officeholder may not deposit or mingle any contributions or public
435     service assistance received into a personal or business account.
436          (3) If a person who is no longer a legislative candidate chooses not to expend the
437     money remaining in a campaign account, the person shall continue to file the year-end
438     summary report required by Section 20A-11-302 until the statement of dissolution and final
439     summary report required by Section 20A-11-304 are filed with the lieutenant governor.
440          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
441     is no longer a legislative office candidate may not expend or transfer the money in a campaign
442     account in a manner that would cause the former legislative office candidate to recognize the
443     money as taxable income under federal tax law.
444          (b) A person who is no longer a legislative office candidate may transfer the money in
445     a campaign account in a manner that would cause the former legislative office candidate to
446     recognize the money as taxable income under federal tax law if the transfer is made to a
447     campaign account for federal office.
448          (5) (a) As used in this Subsection (5) [and Section 20A-11-303], "received" means:
449          (i) for a cash contribution, that the cash is given to a legislative office candidate or a
450     member of the candidate's personal campaign committee;
451          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
452     instrument or check is negotiated; and
453          (iii) for any other type of contribution, that any portion of the contribution's benefit
454     inures to the legislative office candidate.
455          (b) Each legislative office candidate shall report to the lieutenant governor:
456          (i) each contribution received and expenditure made by the legislative office
457     candidate[:] within 31 days after the day on which the contribution is received or the
458     expenditure is made; and
459          (ii) with each report made under Subsection (5)(b)(i), the name of each political action
460     committee for which the legislative office candidate is designated as an officer who has
461     primary decision-making authority under Section 20A-11-601.
462          [(i) except as provided in Subsection (5)(b)(ii), within 31 days after the day on which
463     the contribution is received; or]
464          [(ii) within three business days after the day on which the contribution is received, if:]
465          [(A) the legislative office candidate is contested in a convention and the contribution is
466     received within 30 days before the day on which the convention is held;]
467          [(B) the legislative office candidate is contested in a primary election and the
468     contribution is received within 30 days before the day on which the primary election is held;
469     or]
470          [(C) the legislative office candidate is contested in a general election and the
471     contribution is received within 30 days before the day on which the general election is held.]
472          (c) Except as provided in Subsection (5)(d), for each contribution or expenditure that a
473     legislative office candidate fails to report within the time period described in Subsection (5)(b),
474     the lieutenant governor shall impose a fine against the legislative office candidate in an amount
475     equal to:
476          (i) 10% of the amount of the contribution or expenditure, if the legislative office
477     candidate reports the contribution or expenditure within 60 days after the day on which the
478     time period described in Subsection (5)(b) ends; or
479          (ii) 20% of the amount of the contribution or expenditure, if the legislative office
480     candidate fails to report the contribution or expenditure within 60 days after the day on which
481     the time period described in Subsection (5)(b) ends.
482          (d) The lieutenant governor may waive the fine described in Subsection (5)(c) and
483     issue a warning to the legislative office candidate if:
484          (i) the contribution that the legislative office candidate fails to report is paid by the
485     legislative office candidate from the legislative office candidate's personal funds;
486          (ii) the legislative office candidate has not previously violated Subsection (5)(c) in
487     relation to a contribution paid by the legislative office candidate from the legislative office
488     candidate's personal funds; and
489          (iii) the lieutenant governor determines that the failure to timely report the contribution
490     is due to the legislative office candidate not understanding that the reporting requirement
491     includes a contribution paid by a legislative office candidate from the legislative office
492     candidate's personal funds.
493          (e) The lieutenant governor shall:
494          (i) deposit money received under Subsection (5)(c) into the General Fund; and
495          (ii) report on the lieutenant governor's website, in the location where reports relating to
496     each legislative office candidate are available for public access:
497          (A) each fine imposed by the lieutenant governor against the legislative office
498     candidate;
499          (B) the amount of the fine;
500          (C) the amount of the contribution or expenditure to which the fine relates; and
501          (D) the date of the contribution or expenditure.
502          (6) Within 31 days after receiving a contribution that is cash or a negotiable
503     instrument, exceeds $50, and is from an unknown source, a legislative office candidate shall
504     disburse the amount of the contribution to:
505          (a) the treasurer of the state or a political subdivision for deposit into the state's or
506     political subdivision's general fund; or
507          (b) an organization that is exempt from federal income taxation under Section
508     501(c)(3), Internal Revenue Code.
509          (7) (a) As used in this Subsection (7), "account" means an account in a financial
510     institution:
511          (i) that is not described in Subsection (1)(a)(i); and
512          (ii) into which or from which a person who, as a candidate for an office, other than a
513     legislative office for which the person files a declaration of candidacy or federal office, or as a
514     holder of an office, other than a legislative office for which the person files a declaration of
515     candidacy or federal office, deposits a contribution or makes an expenditure.
516          (b) A legislative office candidate shall include on any financial statement filed in
517     accordance with this part:
518          (i) a contribution deposited in an account:
519          (A) since the last campaign [finance] financial statement was filed; or
520          (B) that has not been reported under a statute or ordinance that governs the account; or
521          (ii) an expenditure made from an account:
522          (A) since the last campaign [finance] financial statement was filed; or
523          (B) that has not been reported under a statute or ordinance that governs the account.
524          Section 8. Section 20A-11-302 is amended to read:
525          20A-11-302. Former legislative office candidate -- Financial reporting
526     requirements -- Year-end summary report.
527          [(1) (a) Each legislative office candidate shall file a summary report by January 10 of
528     the year after the regular general election year.]
529          [(b) In addition to the requirements of Subsection (1)(a), a]
530          (1) A former legislative office candidate [that] who is not an officeholder and who has
531     not filed the statement of dissolution and final summary report required under Section
532     20A-11-304 shall continue to file a summary report on January 10 of each year.
533          (2) (a) Each summary report shall include the following information as of December 31
534     of the previous year:
535          (i) the net balance of the last financial statement, if any;
536          [(ii) a single figure equal to the total amount of receipts reported on all interim reports,
537     if any, during the calendar year in which the summary report is due;]
538          [(iii) a single figure equal to the total amount of expenditures reported on all interim
539     reports, if any, filed during the previous year;]
540          [(iv)] (ii) a detailed listing of each contribution received since the last summary report
541     that has not been reported in detail on [an interim report] a financial statement;
542          [(v)] (iii) for each nonmonetary contribution:
543          (A) the fair market value of the contribution with that information provided by the
544     contributor; and
545          (B) a specific description of the contribution;
546          [(vi)] (iv) a detailed listing of each expenditure made since the last summary report that
547     has not been reported in detail on [an interim report] a financial statement;
548          [(vii)] (v) for each nonmonetary expenditure, the fair market value of the expenditure;
549          [(viii)] (vi) a net balance for the year consisting of the net balance from the last
550     summary report, if any, plus all receipts minus all expenditures; and
551          [(ix)] (vii) the name of a political action committee for which the former legislative
552     office candidate is designated as an officer who has primary decision-making authority under
553     Section 20A-11-601.
554          (b) In preparing the report, all receipts and expenditures shall be reported as of
555     December 31 of the previous year.
556          (c) A check or negotiable instrument received by a former legislative office candidate
557     on or before December 31 of the previous year shall be included in the summary report.
558          (3) The former legislative office candidate shall certify in the summary report that to
559     the best of the former candidate's knowledge, all receipts and all expenditures have been
560     reported as of December 31 of the previous year and that there are no bills or obligations
561     outstanding and unpaid except as set forth in that report.
562          Section 9. Section 20A-11-303 is amended to read:
563          20A-11-303. Legislative office candidate and legislative officeholder -- Financial
564     reporting requirements -- Interim reports.
565          (1) (a) As used in this [Subsection (1), "campaign] section:
566          (i) "Campaign account" means a separate campaign account required under Subsection
567     20A-11-301(1)(a)(i) or (c)(i).
568          [(b) Except as provided in Subsection (2), each legislative office candidate shall file an
569     interim report at the following times in any year in which the candidate has filed a declaration
570     of candidacy for a public office:]
571          [(i) (A) seven days before the candidate's political convention; or]
572          [(B) for an unaffiliated candidate, the fourth Saturday in March;]
573          [(ii) seven days before the regular primary election date;]
574          [(iii) September 30; and]
575          [(iv) seven days before the regular general election date.]
576          [(c) Each legislative officeholder who has a campaign account that has not been
577     dissolved under Section 20A-11-304 shall, in an even year, file an interim report at the
578     following times, regardless of whether an election for the legislative officeholder's office is
579     held that year:]
580          [(i) (A) seven days before the political convention for the political party of the
581     legislative officeholder; or]
582          [(B) for an unaffiliated legislative officeholder, the fourth Saturday in March;]
583          [(ii) seven days before the regular primary election date for that year;]
584          [(iii) September 30; and]
585          [(iv) seven days before the regular general election date.]
586          (ii) "Received" means the same as that term is defined in Section 20A-11-301.
587          (b) Each legislative officeholder who has a campaign account that has not been
588     dissolved under Section 20A-11-304 shall report to the lieutenant governor:
589          (i) each contribution and public service assistance received and expenditure made by
590     the legislative officeholder within 31 days after the day on which the contribution or public
591     service assistance is received or the expenditure is made; and
592          (ii) with each report made under Subsection (1)(b)(i), the name of each political action
593     committee for which the legislative office candidate or legislative officeholder is designated as
594     an officer who has primary decision-making authority under Section 20A-11-601.
595          (2) If a legislative office candidate is a legislative office candidate seeking appointment
596     for a midterm vacancy, the legislative office candidate[: (a)] shall file an interim report:
597          [(i) (A)] (a) (i) seven days before the day on which the political party of the party for
598     which the legislative office candidate seeks nomination meets to declare a nominee for the
599     governor to appoint in accordance with Section 20A-1-503; and
600          [(B)] (ii) two days before the day on which the political party of the party for which the
601     legislative office candidate seeks nomination meets to declare a nominee for the governor to
602     appoint in accordance with Section 20A-1-503; or
603          [(ii)] (b) if the legislative office candidate decides to seek the appointment with less
604     than seven days before the party meets, or the political party schedules the meeting to declare a
605     nominee less than seven days before the day of the meeting, two days before the day on which
606     the party meets[; and].
607          [(b) is not required to file an interim report at the times described in Subsection (1)(b).]
608          (3) Each interim report described in Subsection (2) shall include the following
609     information:
610          (a) the net balance of the last summary report, if any;
611          (b) a single figure equal to the total amount of receipts reported on all prior interim
612     reports, if any, during the calendar year in which the interim report is due;
613          (c) a single figure equal to the total amount of expenditures reported on all prior
614     interim reports, if any, filed during the calendar year in which the interim report is due;
615          (d) a detailed listing of[:(i) for a legislative office candidate,] each contribution
616     received since the last summary report that has not been reported in detail on a prior interim
617     report; [or]
618          [(ii) for a legislative officeholder, each contribution and public service assistance
619     received since the last summary report that has not been reported in detail on a prior interim
620     report;]
621          (e) for each nonmonetary contribution:
622          (i) the fair market value of the contribution with that information provided by the
623     contributor; and
624          (ii) a specific description of the contribution;
625          (f) a detailed listing of each expenditure made since the last summary report that has
626     not been reported in detail on a prior interim report;
627          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
628          (h) a net balance for the year consisting of the net balance from the last summary
629     report, if any, plus all receipts since the last summary report minus all expenditures since the
630     last summary report;
631          (i) a summary page in the form required by the lieutenant governor that identifies:
632          (i) beginning balance;
633          (ii) total contributions and public service assistance received during the period since
634     the last statement;
635          (iii) total contributions and public service assistance received to date;
636          (iv) total expenditures during the period since the last statement; and
637          (v) total expenditures to date; and
638          (j) the name of [a] each political action committee for which the legislative office
639     candidate [or legislative officeholder] is designated as an officer who has primary
640     decision-making authority under Section 20A-11-601.
641          (4) (a) In preparing each interim report described in Subsection (2), all receipts and
642     expenditures shall be reported as of five days before the required filing date of the report.
643          (b) Any negotiable instrument or check received by a legislative office candidate [or
644     legislative officeholder] more than five days before the required filing date of a report required
645     by this section shall be included in the interim report.
646          Section 10. Section 20A-11-304 is amended to read:
647          20A-11-304. Legislative office candidate -- Financial reporting requirements --
648     Termination of duty to report.
649          (1) Each legislative office candidate seeking appointment for a midterm vacancy is
650     subject to interim reporting requirements until:
651          [(a) the candidate withdraws or is eliminated in a convention or primary; or]
652          [(b) if seeking appointment as a midterm vacancy legislative office candidate:]
653          [(i)] (a) the political party liaison fails to forward the person's name to the governor; or
654          [(ii)] (b) the governor fails to appoint the person to fill the vacancy.
655          (2) Each legislative office candidate is subject to [year-end summary] reporting
656     requirements until the candidate has filed a statement of dissolution with the lieutenant
657     governor stating that:
658          (a) the legislative office candidate is no longer receiving contributions and is no longer
659     making expenditures;
660          (b) the ending balance on the last summary report filed is zero and the balance in the
661     separate bank account required in Section 20A-11-301 is zero; and
662          (c) a final summary report in the form required by Section 20A-11-302 showing a zero
663     balance is attached to the statement of dissolution.
664          (3) A statement of dissolution and a final summary report may be filed at any time.
665          (4) Each former legislative office candidate who is not an officeholder shall continue to
666     file the year-end summary report required by Section 20A-11-302 until the statement of
667     dissolution and final summary report required by this section are filed with the lieutenant
668     governor.
669          Section 11. Section 20A-11-305 is amended to read:
670          20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
671          (1) A legislative office candidate who fails to file a financial statement before the
672     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
673          [(2) If a legislative office candidate fails to file an interim report described in
674     Subsections 20A-11-303(1)(b)(ii) through (iv), the lieutenant governor may send an electronic
675     notice to the legislative office candidate and the political party of which the legislative office
676     candidate is a member, if any, that states:]
677          [(a) that the legislative office candidate failed to timely file the report; and]
678          [(b) that, if the legislative office candidate fails to file the report within 24 hours after
679     the deadline for filing the report, the legislative office candidate will be disqualified and the
680     political party will not be permitted to replace the candidate.]
681          [(3) (a) The lieutenant governor shall disqualify a legislative office candidate and
682     inform the county clerk and other appropriate election officials that the legislative office
683     candidate is disqualified if the legislative office candidate fails to file an interim report
684     described in Subsections 20A-11-303(1)(b)(ii) through (iv) within 24 hours after the deadline
685     for filing the report.]
686          [(b) The political party of a legislative office candidate who is disqualified under
687     Subsection (3)(a) may not replace the legislative office candidate.]
688          [(4) (a) If a legislative office candidate is disqualified under Subsection (3)(a), the
689     election officer shall:]
690          [(i) remove the legislative office candidate's name from the ballot; or]
691          [(ii) if removing the legislative office candidate's name from the ballot is not
692     practicable, inform the voters by any practicable method that the legislative office candidate
693     has been disqualified and that votes cast for the legislative office candidate will not be
694     counted.]
695          [(b) An election official may fulfill the requirement described in Subsection (4)(a) in
696     relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
697     written notice directing the voter to a public website that will inform the voter whether a
698     candidate on the ballot is disqualified.]
699          [(5) A legislative office candidate is not disqualified if:]
700          [(a) the legislative office candidate files the reports described in Subsections
701     20A-11-303(1)(b)(ii) through (iv) no later than 24 hours after the applicable deadlines for filing
702     the reports;]
703          [(b) the reports are completed, detailing accurately and completely the information
704     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
705     and]
706          [(c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected
707     in an amended report or the next scheduled report.]
708          [(6)] (2) (a) Within 60 days after a deadline for the filing of a summary report or the
709     filing of a financial statement, the lieutenant governor shall review each filed summary report
710     or a filed financial statement to ensure that:
711          (i) each former legislative office candidate that is required to file a summary report has
712     filed one; and
713          (ii) each summary report or financial statement contains the information required by
714     this part.
715          (b) If it appears that [any legislative office candidate] an individual has failed to file the
716     summary report or a financial statement required by law, if it appears that a filed summary
717     report or a financial statement does not conform to the law, or if the lieutenant governor has
718     received a written complaint alleging a violation of the law or the falsity of any summary report
719     or a financial statement, the lieutenant governor shall, within five days of discovery of a
720     violation or receipt of a written complaint, notify the legislative office candidate of the
721     violation or written complaint and direct the legislative office candidate to file a summary
722     report or financial statement correcting the problem.
723          (c) (i) It is unlawful for a legislative office candidate to fail to file or amend a summary
724     report or financial statement within seven days after receiving notice from the lieutenant
725     governor described in this Subsection [(6)] (2).
726          (ii) Each legislative office candidate who violates Subsection [(6)] (2)(c)(i) is guilty of a
727     class B misdemeanor.
728          (iii) The lieutenant governor shall report all violations of Subsection [(6)] (2)(c)(i) to
729     the attorney general.
730          (iv) In addition to the criminal penalty described in Subsection [(6)] (2)(c)(ii), the
731     lieutenant governor shall impose a civil fine of $100 against a legislative office candidate who
732     violates Subsection [(6)] (2)(c)(i).
733          Section 12. Section 20A-11-403 is amended to read:
734          20A-11-403. Failure to file -- Penalties.
735          (1) Within 60 days after a deadline for the filing of a summary report, the lieutenant
736     governor shall review each filed summary report to ensure that:
737          (a) each officeholder that is required to file a summary report has filed one; and
738          (b) each summary report contains the information required by this part.
739          (2) If it appears that any officeholder has failed to file the summary report required by
740     law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
741     governor has received a written complaint alleging a violation of the law or the falsity of any
742     summary report, the lieutenant governor shall, if the lieutenant governor determines that a
743     violation has occurred:
744          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
745          (b) within five days of discovery of a violation or receipt of a written complaint, notify
746     the officeholder of the violation or written complaint and direct the officeholder to file a
747     summary report correcting the problem.
748          (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
749     within seven days after receiving notice from the lieutenant governor under this section.
750          (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
751     misdemeanor.
752          (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
753     attorney general.
754          (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
755     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
756     (3)(a).
757          (4) Within 60 days after a deadline for the filing of an interim report [by an
758     officeholder] under Subsection 20A-11-204(2), [20A-11-303(1)(c), or 20A-11-1303(1)(d),] the
759     lieutenant governor shall review each filed interim report to ensure that each interim report
760     contains the information required for the report.
761          (5) If it appears that any officeholder has failed to file an interim report required by
762     law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
763     governor has received a written complaint alleging a violation of the law or the falsity of any
764     interim report, the lieutenant governor shall, if the lieutenant governor determines that a
765     violation has occurred:
766          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
767          (b) within five days after the day on which the violation is discovered or a written
768     complaint is received, notify the officeholder of the violation or written complaint and direct
769     the officeholder to file an interim report correcting the problem.
770          (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
771     within seven days after the day on which the officeholder receives notice from the lieutenant
772     governor under this section.
773          (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
774     misdemeanor.
775          (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
776     attorney general.
777          (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
778     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
779     (6)(a).
780          Section 13. Section 20A-11-1301 is amended to read:
781          20A-11-1301. School board office -- Campaign finance requirements -- Candidate
782     as a political action committee officer -- No personal use -- Contribution reporting
783     deadline -- Report other accounts -- Anonymous contributions.
784          (1) (a) (i) Each school board office candidate shall deposit each contribution received
785     in one or more separate accounts in a financial institution that are dedicated only to that
786     purpose.
787          (ii) A school board office candidate may:
788          (A) receive a contribution from a political action committee registered under Section
789     20A-11-601; and
790          (B) be designated by a political action committee as an officer who has primary
791     decision-making authority as described in Section 20A-11-601.
792          (b) A school board office candidate may not use money deposited in an account
793     described in Subsection (1)(a)(i) for:
794          (i) a personal use expenditure; or
795          (ii) an expenditure prohibited by law.
796          (c) (i) Each school board officeholder shall deposit each contribution and public
797     service assistance received in one or more separate accounts in a financial institution that are
798     dedicated only to that purpose.
799          (ii) A school board officeholder may:
800          (A) receive a contribution or public service assistance from a political action
801     committee registered under Section 20A-11-601; and
802          (B) be designated by a political action committee as an officer who has primary
803     decision-making authority as described in Section 20A-11-601.
804          (d) A school board officeholder may not use money deposited in an account described
805     in Subsection (1)(a)(i) or (1)(c)(i) for:
806          (i) a personal use expenditure; or
807          (ii) an expenditure prohibited by law.
808          (2) (a) A school board office candidate may not deposit or mingle any contributions
809     received into a personal or business account.
810          (b) A school board officeholder may not deposit or mingle any contributions or public
811     service assistance received into a personal or business account.
812          (3) A school board office candidate or school board officeholder may not make any
813     political expenditures prohibited by law.
814          (4) If a person who is no longer a school board office candidate chooses not to expend
815     the money remaining in a campaign account, the person shall continue to file the year-end
816     summary report required by Section 20A-11-1302 until the statement of dissolution and final
817     summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
818          (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
819     is no longer a school board office candidate may not expend or transfer the money in a
820     campaign account in a manner that would cause the former school board office candidate to
821     recognize the money as taxable income under federal tax law.
822          (b) A person who is no longer a school board office candidate may transfer the money
823     in a campaign account in a manner that would cause the former school board office candidate
824     to recognize the money as taxable income under federal tax law if the transfer is made to a
825     campaign account for federal office.
826          (6) (a) As used in this Subsection (6), "received" means the same as that term is
827     defined in Subsection 20A-11-1303(1)(a).
828          (b) Except as provided in Subsection (6)(d), each school board office candidate shall
829     report to the chief election officer:
830          (i) each contribution received by the school board office candidate[: (i) except as
831     provided in Subsection (6)(b)(ii),] within 31 days after the day on which the contribution is
832     received[;] or the expenditure is made; and
833          [(ii) within three business days after the day on which the contribution is received, if:]
834          [(A) the school board office candidate is contested in a convention and the contribution
835     is received within 30 days before the day on which the convention is held;]
836          [(B) the school board office candidate is contested in a primary election and the
837     contribution is received within 30 days before the day on which the primary election is held;
838     or]
839          [(C) the school board office candidate is contested in a general election and the
840     contribution is received within 30 days before the day on which the general election is held.]
841          (ii) with each report made under Subsection (6)(b)(i), the name of each political action
842     committee for which the school board office candidate is designated as an officer who has
843     primary decision-making authority under Section 20A-11-601.
844          (c) For each contribution or expenditure that a school board office candidate fails to
845     report within the time period described in Subsection (6)(b), the chief election officer shall
846     impose a fine against the school board office candidate in an amount equal to:
847          (i) 10% of the amount of the contribution or expenditure, if the school board office
848     candidate reports the contribution or expenditure within 60 days after the day on which the
849     time period described in Subsection (6)(b) ends; or
850          (ii) 20% of the amount of the contribution or expenditure, if the school board office
851     candidate fails to report the contribution or expenditure within 60 days after the day on which
852     the time period described in Subsection (6)(b) ends.
853          (d) The lieutenant governor may waive the fine described in Subsection (6)(c) and
854     issue a warning to the school board office candidate if:
855          (i) the contribution that the school board office candidate fails to report is paid by the
856     school board office candidate from the school board office candidate's personal funds;
857          (ii) the school board office candidate has not previously violated Subsection (6)(c) in
858     relation to a contribution paid by the school board office candidate from the school board office
859     candidate's personal funds; and
860          (iii) the lieutenant governor determines that the failure to timely report the contribution
861     is due to the school board office candidate not understanding that the reporting requirement
862     includes a contribution paid by a school board office candidate from the school board office
863     candidate's personal funds.
864          (e) The chief election officer shall:
865          (i) deposit money received under Subsection (6)(c) into the General Fund; and
866          (ii) report on the chief election officer's website, in the location where reports relating
867     to each school board office candidate are available for public access:
868          (A) each fine imposed by the chief election officer against the school board office
869     candidate;
870          (B) the amount of the fine;
871          (C) the amount of the contribution or expenditure to which the fine relates; and
872          (D) the date of the contribution or expenditure.
873          (7) Within 31 days after receiving a contribution that is cash or a negotiable
874     instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
875     disburse the contribution to:
876          (a) the treasurer of the state or a political subdivision for deposit into the state's or
877     political subdivision's general fund; or
878          (b) an organization that is exempt from federal income taxation under Section
879     501(c)(3), Internal Revenue Code.
880          (8) (a) As used in this Subsection (8), "account" means an account in a financial
881     institution:
882          (i) that is not described in Subsection (1)(a)(i); and
883          (ii) into which or from which a person who, as a candidate for an office, other than a
884     school board office for which the person files a declaration of candidacy or federal office, or as
885     a holder of an office, other than a school board office for which the person files a declaration of
886     candidacy or federal office, deposits a contribution or makes an expenditure.
887          (b) A school board office candidate shall include on any financial statement filed in
888     accordance with this part:
889          (i) a contribution deposited in an account:
890          (A) since the last campaign [finance] financial statement was filed; or
891          (B) that has not been reported under a statute or ordinance that governs the account; or
892          (ii) an expenditure made from an account:
893          (A) since the last campaign [finance] financial statement was filed; or
894          (B) that has not been reported under a statute or ordinance that governs the account.
895          Section 14. Section 20A-11-1302 is amended to read:
896          20A-11-1302. Former school board office candidate -- Financial reporting
897     requirements -- Year-end summary report.
898          (1) (a) Each former school board office candidate who is not an officeholder shall file a
899     summary report by January 10 of the year after the regular general election year.
900          (b) [In addition to the requirements of Subsection (1)(a), a] A former school board
901     office candidate [that] who is not an officeholder and who has not filed the statement of
902     dissolution and final summary report required under Section 20A-11-1304 shall continue to file
903     a summary report on January 10 of each year.
904          (2) (a) Each summary report shall include the following information as of December 31
905     of the previous year:
906          (i) the net balance of the last financial statement, if any;
907          [(ii) a single figure equal to the total amount of receipts reported on all interim reports,
908     if any, during the previous year;]
909          [(iii) a single figure equal to the total amount of expenditures reported on all interim
910     reports, if any, filed during the previous year;]
911          [(iv)] (ii) a detailed listing of each contribution received since the last summary report
912     that has not been reported in detail on [an interim report] a financial statement;
913          [(v)] (iii) for each nonmonetary contribution:
914          (A) the fair market value of the contribution with that information provided by the
915     contributor; and
916          (B) a specific description of the contribution;
917          [(vi)] (iv) a detailed listing of each expenditure made since the last summary report that
918     has not been reported in detail on an interim report;
919          [(vii)] (v) for each nonmonetary expenditure, the fair market value of the expenditure;
920          [(viii)] (vi) a net balance for the year consisting of the net balance from the last
921     summary report, if any, plus all receipts minus all expenditures; and
922          [(ix)] (vii) the name of a political action committee for which the former school board
923     office candidate is designated as an officer who has primary decision-making authority under
924     Section 20A-11-601.
925          (b) In preparing the report, all receipts and expenditures shall be reported as of
926     December 31 of the previous year.
927          (c) A check or negotiable instrument received by a former school board office
928     candidate on or before December 31 of the previous year shall be included in the summary
929     report.
930          (3) The former school board office candidate shall certify in the summary report that,
931     to the best of the former school board office candidate's knowledge, all receipts and all
932     expenditures have been reported as of December 31 of the previous year and that there are no
933     bills or obligations outstanding and unpaid except as set forth in that report.
934          Section 15. Section 20A-11-1303 is amended to read:
935          20A-11-1303. School board officeholder -- Financial reporting requirements.
936          (1) [(a)] As used in this section[, "received" means]:
937          (a) "Received" means:
938          (i) for a cash contribution, that the cash is given to a school board office candidate or a
939     member of the school board office candidate's personal campaign committee;
940          (ii) for a contribution that is a check or other negotiable instrument, that the check or
941     other negotiable instrument is negotiated; or
942          (iii) for any other type of contribution, that any portion of the contribution's benefit
943     inures to the school board office candidate.
944          (b) [As used in this Subsection (1), "campaign] "Campaign account" means a separate
945     campaign account required under Subsection 20A-11-1301(1)(a)(i) or (c)(i).
946          [(c) Each school board office candidate shall file an interim report at the following
947     times in any year in which the candidate has filed a declaration of candidacy for a public
948     office:]
949          [(i) May 15;]
950          [(ii) seven days before the regular primary election date;]
951          [(iii) September 30; and]
952          [(iv) seven days before the regular general election date.]
953          [(d) Each school board officeholder who has a campaign account that has not been
954     dissolved under Section 20A-11-1304 shall, in an even year, file an interim report at the
955     following times, regardless of whether an election for the school board officeholder's office is
956     held that year:]
957          [(i) May 15;]
958          [(ii) seven days before the regular primary election date for that year;]
959          [(iii) September 30; and]
960          [(iv) seven days before the regular general election date.]
961          [(2) Each interim report shall include the following information:]
962          [(a) the net balance of the last summary report, if any;]
963          [(b) a single figure equal to the total amount of receipts reported on all prior interim
964     reports, if any, during the calendar year in which the interim report is due;]
965          [(c) a single figure equal to the total amount of expenditures reported on all prior
966     interim reports, if any, filed during the calendar year in which the interim report is due;]
967          [(d) a detailed listing of:]
968          [(i) for a school board office candidate, each contribution received since the last
969     summary report that has not been reported in detail on a prior interim report; or]
970          [(ii) for a school board officeholder, each contribution and public service assistance
971     received since the last summary report that has not been reported in detail on a prior interim
972     report;]
973          [(e) for each nonmonetary contribution:]
974          [(i) the fair market value of the contribution with that information provided by the
975     contributor; and]
976          [(ii) a specific description of the contribution;]
977          [(f) a detailed listing of each expenditure made since the last summary report that has
978     not been reported in detail on a prior interim report;]
979          [(g) for each nonmonetary expenditure, the fair market value of the expenditure;]
980          [(h) a net balance for the year consisting of the net balance from the last summary
981     report, if any, plus all receipts since the last summary report minus all expenditures since the
982     last summary report;]
983          [(i) a summary page in the form required by the lieutenant governor that identifies:]
984          [(i) beginning balance;]
985          [(ii) total contributions during the period since the last statement;]
986          [(iii) total contributions to date;]
987          [(iv) total expenditures during the period since the last statement; and]
988          [(v) total expenditures to date; and]
989          [(j) the name of a political action committee for which the school board office
990     candidate or school board officeholder is designated as an officer who has primary
991     decision-making authority under Section 20A-11-601.]
992          [(3) (a) In preparing each interim report, all receipts and expenditures shall be reported
993     as of five days before the required filing date of the report.]
994          [(b) Any negotiable instrument or check received by a school board office candidate or
995     school board officeholder more than five days before the required filing date of a report
996     required by this section shall be included in the interim report.]
997          (2) Each school board officeholder who has a campaign account that has not been
998     dissolved under Section 20A-11-1304 shall report to the chief election officer:
999          (a) each contribution received and expenditure made by the school board officeholder
1000     within 31 days after the day on which the contribution is received or the expenditure is made;
1001     and
1002          (b) with each report made under Subsection (2)(a), the name of each political action
1003     committee for which the school board officeholder is designated as an officer who has primary
1004     decision-making authority under Section 20A-11-601.
1005          Section 16. Section 20A-11-1304 is amended to read:
1006          20A-11-1304. School board office candidate -- Financial reporting requirements
1007     -- Termination of duty to report.
1008          [(1) Each school board candidate is subject to interim reporting requirements until the
1009     candidate withdraws or is eliminated in a primary.]
1010          [(2)] (1) Each school board office candidate is subject to [year-end summary] reporting
1011     requirements until the candidate has filed a statement of dissolution with the lieutenant
1012     governor stating that:
1013          (a) the school board office candidate is no longer receiving contributions and is no
1014     longer making expenditures;
1015          (b) the ending balance on the last summary report filed is zero and the balance in the
1016     separate bank account required in Section 20A-11-1301 is zero; and
1017          (c) a final summary report in the form required by Section 20A-11-1302 showing a
1018     zero balance is attached to the statement of dissolution.
1019          [(3)] (2) A statement of dissolution and a final summary report may be filed at any
1020     time.
1021          [(4)] (3) Each former school board office candidate who is not an officeholder shall
1022     continue to file the year-end summary report required by Section 20A-11-1302 until the
1023     statement of dissolution and final summary report required by this section are filed.
1024          Section 17. Section 20A-11-1305 is amended to read:
1025          20A-11-1305. School board office candidate -- Failure to file statement --
1026     Penalties.
1027          (1) A school board office candidate who fails to file a financial statement by the
1028     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
1029          [(2) If a school board office candidate fails to file an interim report described in
1030     Subsections 20A-11-1303(1)(c)(i) through (iv), the lieutenant governor may send an electronic
1031     notice to the school board office candidate and the political party of which the school board
1032     office candidate is a member, if any, that states:]
1033          [(a) that the school board office candidate failed to timely file the report; and]
1034          [(b) that, if the school board office candidate fails to file the report within 24 hours
1035     after the deadline for filing the report, the school board office candidate will be disqualified
1036     and the political party will not be permitted to replace the candidate.]
1037          [(3) (a) The lieutenant governor shall disqualify a school board office candidate and
1038     inform the county clerk and other appropriate election officials that the school board office
1039     candidate is disqualified if the school board office candidate fails to file an interim report
1040     described in Subsections 20A-11-1303(1)(c)(i) through (iv) within 24 hours after the deadline
1041     for filing the report.]
1042          [(b) The political party of a school board office candidate who is disqualified under
1043     Subsection (3)(a) may not replace the school board office candidate.]
1044          [(4) (a) If a school board office candidate is disqualified under Subsection (3)(a), the
1045     election officer shall:]
1046          [(i) remove the school board office candidate's name from the ballot; or]
1047          [(ii) if removing the school board office candidate's name from the ballot is not
1048     practicable, inform the voters by any practicable method that the school board office candidate
1049     has been disqualified and that votes cast for the school board office candidate will not be
1050     counted.]
1051          [(b) An election officer may fulfill the requirement described in Subsection (4)(a) in
1052     relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
1053     written notice directing the voter to a public website that will inform the voter whether a
1054     candidate on the ballot is disqualified.]
1055          [(5) A school board office candidate is not disqualified if:]
1056          [(a) the school board office candidate files the reports described in Subsections
1057     20A-11-1303(1)(c)(i) through (iv) no later than 24 hours after the applicable deadlines for
1058     filing the reports;]
1059          [(b) the reports are completed, detailing accurately and completely the information
1060     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1061     and]
1062          [(c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected
1063     in an amended report or the next scheduled report.]
1064          [(6)] (2) (a) Within 60 days after a deadline for the filing of a summary report or the
1065     filing of a financial statement, the lieutenant governor shall review each filed summary report
1066     or a filed financial statement to ensure that:
1067          (i) each school board office candidate who is required to file a summary report has
1068     filed the report; and
1069          (ii) each summary report or financial statement contains the information required by
1070     this part.
1071          (b) If it appears that a school board office candidate has failed to file the summary
1072     report or a financial statement required by law, if it appears that a filed summary report or
1073     financial statement does not conform to the law, or if the lieutenant governor has received a
1074     written complaint alleging a violation of the law or the falsity of any summary report or
1075     financial statement, the lieutenant governor shall, within five days of discovery of a violation or
1076     receipt of a written complaint, notify the school board office candidate of the violation or
1077     written complaint and direct the school board office candidate to file a summary report or
1078     financial statement correcting the problem.
1079          (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
1080     summary report or financial statement within seven days after receiving the notice described in
1081     Subsection [(6)] (2)(b) from the lieutenant governor.
1082          (ii) Each school board office candidate who violates Subsection [(6)] (2)(c)(i) is guilty
1083     of a class B misdemeanor.
1084          (iii) The lieutenant governor shall report all violations of Subsection [(6)] (2)(c)(i) to
1085     the attorney general.
1086          (iv) In addition to the criminal penalty described in Subsection [(6)] (2)(c)(ii), the
1087     lieutenant governor shall impose a civil fine of $100 against a school board office candidate
1088     who violates Subsection [(6)] (2)(c)(i).