20A-11 - Campaign and Financial Reporting Requirements

Title 20A > 20A-11

Sections (87)

General Provisions

20A-11-101 - Definitions.

As used in this chapter: 20A-11-101(1) “Address” means the number and street where an individual resides or where a reporting entity has its principal office.”Address” does not include a post office box. 20A-11-101(2) “Agent of a reporting entity” means:a person acting on behalf of a reporting entity at the direction of the reporting entity;a person employed by a reporting entity in the reporting entity’s capacity as a reporting entity;the personal campaign committee of a candidate or officeholder;a member of the personal campaign committee of a candidate or officeholder in the member’s capacity as a member of the personal campaign committee of the candidate or officeholder; ora political consultant of a reporting entity. 20A-11-101(3) “Ballot proposition” includes initiatives, referenda, proposed constitutional amendments, and any other ballot propositions submitted to the voters that are authorized by the Utah Code Annotated 1953. 20A-11-101(4) “Candidate” means any person who:files a declaration of candidacy for a public office; orreceives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person’s nomination or election to a public office. 20A-11-101(5) “Chief election officer” means:the lieutenant governor for state office candidates, legislative office candidates, officeholders, political parties, political action committees, corporations, political issues committees, state school board candidates, judges, and labor organizations, as defined in Section 20A-11-1501; andthe county clerk for local school board candidates. 20A-11-101(6) “Contribution” means any of the following when done for political purposes:a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;any transfer of funds from another reporting entity to the filing entity;compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;remuneration from:any organization or its directly affiliated organization that has a registered lobbyist; orany agency or subdivision of the state, including school districts;a loan made by a candidate deposited to the candidate’s own campaign; andin-kind contributions.”Contribution” does not include:services provided by individuals volunteering a portion or all of their time on behalf of the filing entity if the services are provided without compensation by the filing entity or any other person;money lent to the filing entity by a financial institution in the ordinary course of business;goods or services provided for the benefit of a political entity at less than fair market value that are not authorized by or coordinated with the political entity; ordata or information described in Subsection (24)(b). 20A-11-101(7) “Coordinated with” means that goods or services provided for the benefit of a political entity are provided:with the political entity’s prior knowledge, if the political entity does not object;by agreement with the political entity;in coordination with the political entity; orusing official logos, slogans, and similar elements belonging to a political entity. 20A-11-101(8) “Corporation” means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes any expenditure from corporate funds for:the purpose of expressly advocating for political purposes; orthe purpose of expressly advocating the approval or the defeat of any ballot proposition.”Corporation” does not mean:a business organization’s political action committee or political issues committee; ora business entity organized as a partnership or a sole proprietorship. 20A-11-101(9) “County political party” means, for each registered political party, all of the persons within a single county who, under definitions established by the political party, are members of the registered political party. 20A-11-101(10) “County political party officer” means a person whose name is required to be submitted by a county political party to the lieutenant governor in accordance with Section 20A-8-402. 20A-11-101(11) “Detailed listing” means:for each contribution or public service assistance:the name and address of the individual or source making the contribution or public service assistance, except to the extent that the name or address of the individual or source is unknown;the amount or value of the contribution or public service assistance; andthe date the contribution or public service assistance was made; andfor each expenditure:the amount of the expenditure;the goods or services acquired by the expenditure; andthe date the expenditure was made. 20A-11-101(12) “Donor” means a person that gives money, including a fee, due, or assessment for membership in the corporation, to a corporation without receiving full and adequate consideration for the money.”Donor” does not include a person that signs a statement that the corporation may not use the money for an expenditure or political issues expenditure. 20A-11-101(13) “Election” means each:regular general election;regular primary election; andspecial election at which candidates are eliminated and selected. 20A-11-101(14) “Electioneering communication” means a communication that:has at least a value of $10,000;clearlyidentifiesacandidateorjudge;andisdisseminatedthroughtheInternet,newspaper,magazine,outdooradvertisingfacility,directmailing,broadcast,cable,orsatelliteproviderwithin45calendardaysbeforetheclearlyidentifiedcandidat{e}^{\prime }sorjudg{e}^{\prime }selectiondate.\ast \ast 20A-11-101(15)\ast \ast "Expenditure"meansanyofthefollowingmadebyareportingentityoranagentofareportingentityonbehalfofthereportingentity:anydisbursementfromcontributions,receipts,orfromtheseparatebankaccountrequiredbythischapter;apurchase,payment,donation,distribution,loan,advance,deposit,giftofmoney,oranythingofvaluemadeforpoliticalpurposes;anexpress,legallyenforceablecontract,promise,oragreementtomakeanypurchase,payment,donation,distribution,loan,advance,deposit,giftofmoney,oranythingofvalueforpoliticalpurposes;compensationpaidbyafilingentityforpersonalservicesrenderedbyapersonwithoutchargetoareportingentity;atransferoffundsbetweenthefilingentityandacandidat{e}^{\prime }spersonalcampaigncommittee;goodsorservicesprovidedbythefilingentitytoorforthebenefitofanotherreportingentityforpoliticalpurposesatlessthanfairmarketvalue;oranindependentexpenditure,asdefinedinSection20A-11-1702."Expenditure"doesnotinclude:servicesprovidedwithoutcompensationbyindividualsvolunteeringaportionoralloftheirtimeonbehalfofareportingentity;moneylenttoareportingentitybyafinancialinstitutionintheordinarycourseofbusiness;oranythinglistedinSubsection(15)(a)thatisgivenbyareportingentitytocandidatesforofficeorofficeholdersinstatesotherthanUtah.\ast \ast 20A-11-101(16)\ast \ast "Federaloffice"meanstheofficeofpresidentoftheUnitedStates,UnitedStatesSenator,orUnitedStatesRepresentative.\ast \ast 20A-11-101(17)\ast \ast "Filingentity"meansthereportingentitythatisrequiredtofileafinancialstatementrequiredbythischapterorChapter12,Part2,JudicialRetentionElections.\ast \ast 20A-11-101(18)\ast \ast "Financialstatement"includesanysummaryreport,interimreport,verifiedfinancialstatement,orotherstatementdisclosingcontributions,expenditures,receipts,donations,ordisbursementsthatisrequiredbythischapterorChapter12,Part2,JudicialRetentionElections.\ast \ast 20A-11-101(19)\ast \ast "Governingboard"meanstheindividualorgroupofindividualsthatdeterminethecandidatesandcommitteesthatwillreceiveexpendituresfromapoliticalactioncommittee,politicalparty,orcorporation.\ast \ast 20A-11-101(20)\ast \ast "Incorporation"meanstheprocessestablishedbyTitle10,Chapter2a,MunicipalIncorporation,bywhichageographicalareabecomeslegallyrecognizedasacityortown.\ast \ast 20A-11-101(21)\ast \ast "Incorporationelection"meanstheelectionconductedunderSection10-2a-210.\ast \ast 20A-11-101(22)\ast \ast "Incorporationpetition"meansapetitiondescribedinSection10-2a-208.\ast \ast 20A-11-101(23)\ast \ast "Individual"meansanaturalperson.\ast \ast 20A-11-101(24)\ast \ast "In-kindcontribution"meansanythingofvalue,otherthanmoney,thatisacceptedbyorcoordinatedwithafilingentity."In-kindcontribution"doesnotincludesurveyresults,voterlists,votercontactinformation,demographicdata,votingtrenddata,orotherinformationthat:isnotcommissionedforthebenefitofaparticularcandidateorofficeholder;andisofferedatnocosttoacandidateorofficeholder.\ast \ast 20A-11-101(25)\ast \ast "Interimreport"meansareportidentifyingthecontributionsreceivedandexpendituresmadesincethelastreport.\ast \ast 20A-11-101(26)\ast \ast "Legislativeoffice"meanstheofficeofstatesenator,staterepresentative,speakeroftheHouseofRepresentatives,presidentoftheSenate,andtheleader,whip,andassistantwhipofanypartycaucusineitherhouseoftheLegislature.\ast \ast 20A-11-101(27)\ast \ast "Legislativeofficecandidate"meansapersonwho:filesadeclarationofcandidacyfortheofficeofstatesenatororstaterepresentative;declaresoneselftobeacandidatefor,oractivelycampaignsfor,thepositionofspeakeroftheHouseofRepresentatives,presidentoftheSenate,ortheleader,whip,andassistantwhipofanypartycaucusineitherhouseoftheLegislature;orreceivescontributions,makesexpenditures,orgivesconsentforanyotherpersontoreceivecontributionsormakeexpenditurestobringabouttheperso{n}^{\prime }snomination,election,orappointmenttoalegislativeoffice.\ast \ast 20A-11-101(28)\ast \ast "Loan"meansanyofthefollowingprovidedbyapersonthatbenefitsafilingentityifthepersonexpectsrepaymentorreimbursement:anexpendituremadeusinganyformofpayment;moneyorfundsreceivedbythefilingentity;theprovisionofagoodorservicewithanagreementorunderstandingthatpaymentorreimbursementwillbedelayed;oruseofanylineofcredit.\ast \ast 20A-11-101(29)\ast \ast "Majorpoliticalparty"meanseitherofthetworegisteredpoliticalpartiesthathavethegreatestnumberofmemberselectedtothetwohousesoftheLegislature.\ast \ast 20A-11-101(30)\ast \ast "Officeholder"meansapersonwhoholdsapublicoffice.\ast \ast 20A-11-101(31)\ast \ast "Partycommittee"meansanycommitteeorganizedbyorauthorizedbythegoverningboardofaregisteredpoliticalparty.\ast \ast 20A-11-101(32)\ast \ast "Person"meansbothnaturalandlegalpersons,includingindividuals,businessorganizations,personalcampaigncommittees,partycommittees,politicalactioncommittees,politicalissuescommittees,andlabororganizations,asdefinedinSection20A-11-1501.\ast \ast 20A-11-101(33)\ast \ast "Personalcampaigncommittee"meansthecommitteeappointedbyacandidatetoactforthecandidateasprovidedinthischapter.\ast \ast 20A-11-101(34)\ast \ast "Personaluseexpenditure"hasthesamemeaningasprovidedunderSection20A-11-104.\ast \ast 20A-11-101(35)\ast \ast "Politicalactioncommittee"meansanentity,oranygroupofindividualsorentitieswithinoroutsidethisstate,amajorpurposeofwhichisto:solicitorreceivecontributionsfromanyotherperson,group,orentityforpoliticalpurposes;ormakeexpenditurestoexpresslyadvocateforanypersontorefrainfromvotingortovotefororagainstanycandidateorpersonseekingelectiontoamunicipalorcountyoffice."Politicalactioncommittee"includesgroupsaffiliatedwitharegisteredpoliticalpartybutnotauthorizedororganizedbythegoverningboardoftheregisteredpoliticalpartythatreceivecontributionsormakesexpendituresforpoliticalpurposes."Politicalactioncommittee"doesnotmean:apartycommittee;anyentitythatprovidesgoodsorservicestoacandidateorcommitteeintheregularcourseofitsbusinessatthesamepricethatwouldbeprovidedtothegeneralpublic;anindividual;individualswhoarerelatedandwhomakecontributionsfromajointcheckingaccount;acorporation,exceptacorporationamajorpurposeofwhichistoactasapoliticalactioncommittee;orapersonalcampaigncommittee.\ast \ast 20A-11-101(36)\ast \ast "Politicalconsultant"meansapersonwhoispaidbyareportingentity,orpaidbyanotherpersononbehalfofandwiththeknowledgeofthereportingentity,toprovidepoliticaladvicetothereportingentity."Politicalconsultant"includesacircumstancedescribedinSubsection(36)(a),wheretheperson:hasalreadybeenpaid,withmoneyorotherconsideration;expectstobepaidinthefuture,withmoneyorotherconsideration;orunderstandsthatthepersonmay,inthediscretionofthereportingentityoranotherpersononbehalfofandwiththeknowledgeofthereportingentity,bepaidinthefuture,withmoneyorotherconsideration.\ast \ast 20A-11-101(37)\ast \ast "Politicalconvention"meansacountyorstatepoliticalconventionheldbyaregisteredpoliticalpartytoselectcandidates.\ast \ast 20A-11-101(38)\ast \ast "Politicalentity"meansacandidate,apoliticalparty,apoliticalactioncommittee,orapoliticalissuescommittee.\ast \ast 20A-11-101(39)\ast \ast "Politicalissuescommittee"meansanentity,oranygroupofindividualsorentitieswithinoroutsidethisstate,amajorpurposeofwhichisto:solicitorreceivedonationsfromanyotherperson,group,orentitytoassistinplacingaballotpropositionontheballot,assistinkeepingaballotpropositionofftheballot,ortoadvocatethatavoterrefrainfromvotingorvotefororvoteagainstanyballotproposition;makeexpenditurestoexpresslyadvocateforanypersontosignorrefusetosignaballotpropositionorincorporationpetitionorrefrainfromvoting,votefor,orvoteagainstanyproposedballotpropositionoranincorporationinanincorporationelection;ormakeexpenditurestoassistinqualifyingorplacingaballotpropositionontheballotortoassistinkeepingaballotpropositionofftheballot."Politicalissuescommittee"doesnotmean:aregisteredpoliticalpartyorapartycommittee;anyentitythatprovidesgoodsorservicestoanindividualorcommitteeintheregularcourseofitsbusinessatthesamepricethatwouldbeprovidedtothegeneralpublic;anindividual;individualswhoarerelatedandwhomakecontributionsfromajointcheckingaccount;acorporation,exceptacorporationamajorpurposeofwhichistoactasapoliticalissuescommittee;oragroupofindividualswho:associatetogetherforthepurposeofchallengingorsupportingasingleballotproposition,ordinance,orothergovernmentalactionbyacounty,city,town,specialdistrict,specialservicedistrict,orotherlocalpoliticalsubdivisionofthestate;haveacommonliberty,property,orfinancialinterestthatisdirectlyimpactedbytheballotproposition,ordinance,orothergovernmentalaction;donotassociatetogether,forthepurposedescribedinSubsection(39)(b)(vi)(A),viaalegalentity;donotreceivefundsforchallengingorsupportingtheballotproposition,ordinance,orothergovernmentalactionfromapersonotherthananindividualinthegroup;anddonotexpendatotalofmorethan$5,000 for the purpose described in Subsection (39)(b)(vi)(A). 20A-11-101(40) “Political issues contribution” means any of the following:a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or anything of value given to a political issues committee;an express, legally enforceable contract, promise, or agreement to make a political issues donation to influence the approval or defeat of any ballot proposition;any transfer of funds received by a political issues committee from a reporting entity;compensation paid by another reporting entity for personal services rendered without charge to a political issues committee; andgoods or services provided to or for the benefit of a political issues committee at less than fair market value.”Political issues contribution” does not include:services provided without compensation by individuals volunteering a portion or all of their time on behalf of a political issues committee; ormoney lent to a political issues committee by a financial institution in the ordinary course of business. 20A-11-101(41) “Political issues expenditure” means any of the following when made by a political issues committee or on behalf of a political issues committee by an agent of the reporting entity:any payment from political issues contributions made for the purpose of influencing the approval or the defeat of:a ballot proposition; oran incorporation petition or incorporation election;a purchase, payment, distribution, loan, advance, deposit, or gift of money made for the express purpose of influencing the approval or the defeat of:a ballot proposition; oran incorporation petition or incorporation election;an express, legally enforceable contract, promise, or agreement to make any political issues expenditure;compensation paid by a reporting entity for personal services rendered by a person without charge to a political issues committee; orgoods or services provided to or for the benefit of another reporting entity at less than fair market value.”Political issues expenditure” does not include:services provided without compensation by individuals volunteering a portion or all of their time on behalf of a political issues committee; ormoney lent to a political issues committee by a financial institution in the ordinary course of business. 20A-11-101(42) “Political purposes” means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:candidate or a person seeking a municipal or county office at any caucus, political convention, or election; orjudge standing for retention at any election. 20A-11-101(43) “Poll” means the survey of a person regarding the person’s opinion or knowledge of an individual who has filed a declaration of candidacy for public office, or of a ballot proposition that has legally qualified for placement on the ballot, which is conducted in person or by telephone, facsimile, Internet, postal mail, or email.”Poll” does not include:a ballot; oran interview of a focus group that is conducted, in person, by one individual, if:the focus group consists of more than three, and less than thirteen, individuals; andall individuals in the focus group are present during the interview. 20A-11-101(44) “Primary election” means any regular primary election held under the election laws. 20A-11-101(45) “Publicly identified class of individuals” means a group of 50 or more individuals sharing a common occupation, interest, or association that contribute to a political action committee or political issues committee and whose names can be obtained by contacting the political action committee or political issues committee upon whose financial statement the individuals are listed. 20A-11-101(46) “Public office” means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. 20A-11-101(47) “Public service assistance” means the following when given or provided to an officeholder to defray the costs of functioning in a public office or aid the officeholder to communicate with the officeholder’s constituents:a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to an officeholder; orgoods or services provided at less than fair market value to or for the benefit of the officeholder.”Public service assistance” does not include:anything provided by the state;services provided without compensation by individuals volunteering a portion or all of their time on behalf of an officeholder;money lent to an officeholder by a financial institution in the ordinary course of business;news coverage or any publication by the news media; orany article, story, or other coverage as part of any regular publication of any organization unless substantially all the publication is devoted to information about the officeholder. 20A-11-101(48) “Receipts” means contributions and public service assistance. 20A-11-101(49) “Registered lobbyist” means a person licensed under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act. 20A-11-101(50) “Registered political action committee” means any political action committee that is required by this chapter to file a statement of organization with the Office of the Lieutenant Governor. 20A-11-101(51) “Registered political issues committee” means any political issues committee that is required by this chapter to file a statement of organization with the Office of the Lieutenant Governor. 20A-11-101(52) “Registered political party” means an organization of voters that:participated in the last regular general election and polled a total vote equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives for any of its candidates for any office; orhas complied with the petition and organizing procedures of Chapter 8, Political Party Formation and Procedures. 20A-11-101(53) “Remuneration” means a payment:made to a legislator for the period the Legislature is in session; andthat is approximately equivalent to an amount a legislator would have earned during the period the Legislature is in session in the legislator’s ordinary course of business.”Remuneration” does not mean anything of economic value given to a legislator by:the legislator’s primary employer in the ordinary course of business; ora person or entity in the ordinary course of business:because of the legislator’s ownership interest in the entity; orfor services rendered by the legislator on behalf of the person or entity. 20A-11-101(54) “Reporting entity” means a candidate, a candidate’s personal campaign committee, a judge, a judge’s personal campaign committee, an officeholder, a party committee, a political action committee, a political issues committee, a corporation, or a labor organization, as defined in Section 20A-11-1501. 20A-11-101(55) “School board office” means the office of state school board. 20A-11-101(56) “Source” means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution.”Source” means, for political action committees and corporations, the political action committee and the corporation as entities, not the contributors to the political action committee or the owners or shareholders of the corporation. 20A-11-101(57) “State office” means the offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. 20A-11-101(58) “State office candidate” means a person who:files a declaration of candidacy for a state office; orreceives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person’s nomination, election, or appointment to a state office. 20A-11-101(59) “Summary report” means the year end report containing the summary of a reporting entity’s contributions and expenditures. 20A-11-101(60) “Supervisory board” means the individual or group of individuals that allocate expenditures from a political issues committee.

20A-11-101.3 - Detailed listing and report requirements — Rulemaking authority.

20A-11-101.3(1) As used in this section:

“Advertising” includes: website development and maintenance; social media; television, newspaper, or radio; or a convention booth. “Association expense” means a membership fee for: a political association; or an association related to an activity of a candidate or an officeholder. “Campaign Expense” includes: district mapping; voter data; a phone bank; fund-raising expenses; campaign assistance or consulting; campaign technology; campaign management; campaign interns; or food, and related expenses, purchased:

for a campaign event; or for consumption by a candidate or campaign staff while conducting work relating to a campaign. “Donations” includes giving to a charitable organization. “Loans” includes repaying loans. “Office expense” includes: an email server; phones; phone service; computers; printers; furniture; tools and hardware; or food, and related expenses, purchased for consumption during an officeholder activity. “Political support” includes contributions made to other candidates or political action committees. “Supplies” includes: signs; sign holders; parade supplies; t-shirts; other campaign goods; repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or an officeholder; printed materials; or postage. “Travel expenses” includes: political conference registration; airfare; hotels; food, and related expenses, purchased for consumption during travel; vehicle mileage reimbursement; or incidental expenses while traveling. 20A-11-101.3(2) As it relates to an expenditure, a detailed listing includes identifying the expenditure as falling within one of the following categories:

advertising; association expense; campaign expense; constituent services; donations; loans; office; political support; return of a contribution; signature gathering; supplies; travel expenses; or other expenditures that do not fall within a category described in Subsections (2)(a) through (l), followed by a description of the expenditure. 20A-11-101.3(3) The director of elections, within the Lieutenant Governor’s Office, may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in relation to the form, type, and level of detail required in a detailed listing or a financial disclosure form.

20A-11-101.5 - Disclosure of actual source or recipient required.

20A-11-101.5(1) As used in this section, “transactional intermediary” means a person, including a credit card company, a financial institution, or a money transfer service, that pays or transfers money to a person on behalf of another person. 20A-11-101.5(2) When, under this chapter, a person makes a detailed listing, discloses or reports the source of a contribution, discloses or reports the person or entity to whom a disbursement is made, or discloses or reports the identity of a donor, the person:

shall reveal the actual source of the contribution, the actual person or entity to whom the disbursement is ultimately made, or the actual identity of the donor; and may not merely list, disclose, or report the transactional intermediary.

20A-11-101.7 - Concealing contributor’s identity.

A person is guilty of a class B misdemeanor if the person conspires with another to make a contribution through one or more persons with the intent that: 20A-11-101.7(1) the contribution will ultimately be made to a filing entity specified by the original contributor or a designee of the original contributor; and 20A-11-101.7(2) by making the contribution through one or more persons, the original contributor’s identity will not be disclosed in a manner that would be required by law.

20A-11-103 - Notice of pending interim and summary reports — Form of submission — Public availability — Notice of reporting and filing requirements.

20A-11-103(1) Except as provided under Subsection (1)(b), on the last business day that is at least 10 calendar days before an interim report or summary report is due under this chapter or Chapter 12, Part 2, Judicial Retention Elections, the chief election officer shall inform the filing entity by electronic mail unless postal mail is requested:that the financial statement is due;of the date that the financial statement is due; andof the penalty for failing to file the financial statement.The chief election officer is not required to provide notice:to a candidate or political party of the financial statement that is due before the candidate’s or political party’s political convention;of a financial statement due in connection with a public hearing for an initiative under the requirements of Section 20A-7-204.1; orto a corporation or labor organization, as defined in Section 20A-11-1501. 20A-11-103(2) A filing entity shall electronically file a financial statement via electronic mail or the Internet according to specifications established by the chief election officer. 20A-11-103(3) A financial statement is considered timely filed if the financial statement is received by the chief election officer’s office before midnight, Mountain Time, at the end of the day on which the financial statement is due.For a county clerk’s office that is not open until midnight at the end of the day on which a financial statement is due, the county clerk shall permit a candidate to file the financial statement via email or another electronic means designated by the county clerk.A chief election officer may extend the time in which a filing entity is required to file a financial statement if a filing entity notifies the chief election officer of the existence of an extenuating circumstance that is outside the control of the filing entity. 20A-11-103(4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access and Management Act, the lieutenant governor shall:make each campaign finance statement filed by a candidate available for public inspection and copying no later than one business day after the statement is filed; andpost on a website established by the lieutenant governor:an electronic copy or the contents of each summary report or interim report filed under the requirements of this chapter or Chapter 12, Part 2, Judicial Retention Elections, no later than three business days after the date on which the summary report or interim report is electronically filed; orfor a campaign finance statement filed under the requirements of Section 10-3-208, for a municipality, or Section 11-70-403, for a county, a link to the municipal or county website that hosts the campaign finance statement, no later than seven business days after the date on which the lieutenant governor receives the link from:the municipal clerk or recorder, in accordance with Subsection 10-3-208(11)(b)(ii); orthe county clerk, in accordance with Subsection 17-70-403(21)(b)(ii). 20A-11-103(5) The lieutenant governor shall provide, on the website described in Subsection (4)(b), the ability for an individual to search across disclosures made by all filing entities to identify contributions or expenditures made by a specific person. 20A-11-103(6) Between January 1 and January 15 of each year, the chief election officer shall provide notice, by postal mail or email, to each filing entity for which the chief election officer has a physical or email address, of the reporting and filing requirements described in this chapter.

20A-11-104 - Personal use expenditure — Authorized and prohibited uses of campaign funds — Enforcement — Penalties.

20A-11-104(1) As used in this chapter, “personal use expenditure” means an expenditure that:is not excluded from the definition of personal use expenditure by Subsection (2); andprimarily furthers a personal interest of a candidate or officeholder or a candidate’s or officeholder’s family, which interest is not connected with the performance of an activity as a candidate or an activity or duty of an officeholder; orwould likely cause the candidate or officeholder to recognize the expenditure as taxable income under federal or state law.”Personal use expenditure” includes:a mortgage, rent, utility, or vehicle payment;a household food item or supply;a clothing expense, except:clothing bearing the candidate’s name or campaign slogan or logo that is used in the candidate’s campaign;clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the officeholder represents or of which the officeholder is a member; orrepair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;an admission to a sporting, artistic, or recreational event or other form of entertainment;dues, fees, or gratuities at a country club, health club, or recreational facility;a salary payment made to:a candidate or officeholder; ora person who has not provided a bona fide service to a candidate or officeholder;a vacation;a vehicle expense;a meal expense;a travel expense;a payment of an administrative, civil, or criminal penalty;a satisfaction of a personal debt;a personal service, including the service of an attorney, accountant, physician, or other professional person;a membership fee for a professional or service organization; anda payment in excess of the fair market value of the item or service purchased. 20A-11-104(2) As used in this chapter, “personal use expenditure” does not include an expenditure made:for a political purpose;for candidacy for public office;to fulfill a duty or activity of an officeholder;for a donation to a registered political party;for a contribution to another candidate’s campaign account, including sponsorship of or attendance at an event, the primary purpose of which is to solicit a contribution for another candidate’s campaign account;to return all or a portion of a contribution to a contributor;for the following items, if made in connection with the candidacy for public office or an activity or duty of an officeholder:a mileage allowance at the rate established by the Division of Finance under Section 63A-3-107; orfor motor fuel or special fuel, as defined in Section 59-13-102;a food expense, including food or beverages:served at a campaign event;served at a charitable event;consumed, or provided to others, by a candidate while the candidate is engaged in campaigning;consumed, or provided to others, by an officeholder while the officeholder is acting in the capacity of an officeholder; orprovided as a gift to an individual who works on a candidate’s campaign or who assists an officeholder in the officeholder’s capacity as an officeholder;a travel expense of a candidate, if the primary purpose of the travel is related to the candidate’s campaign, including airfare, car rental, other transportation, hotel, or other expenses incidental to the travel;a travel expense of an individual assisting a candidate, if the primary purpose of the travel by the individual is to assist the candidate with the candidate’s campaign, including an expense described in Subsection (2)(g)(iii);a travel expense of an officeholder, if the primary purpose of the travel is related to an activity or duty of the officeholder, including an expense described in Subsection (2)(g)(iii);a travel expense of an individual assisting an officeholder, if the primary purpose of the travel by the individual is to assist the officeholder in an activity or duty of an officeholder, including an expense described in Subsection (2)(g)(iii);a payment for a service provided by an attorney or accountant;a tuition payment or registration fee for participation in a meeting or conference;a gift;a payment for the following items in connection with an office space:rent;utilities;a supply; orfurnishing;a booth at a meeting or event;educational material; oran item purchased for a purpose related to a campaign or to an activity or duty of an officeholder;to purchase or mail informational material, a survey, or a greeting card;for a donation to a charitable organization, as defined by Section 13-22-2, including admission to or sponsorship of an event, the primary purpose of which is charitable solicitation, as defined in Section 13-22-2;to repay a loan a candidate makes from the candidate’s personal account to the candidate’s campaign account;to pay membership dues to a national organization whose primary purpose is to address general public policy;for admission to or sponsorship of an event, the primary purpose of which is to promote the social, educational, or economic well-being of the state or the candidate’s or officeholder’s community;for one or more guests of an officeholder or candidate to attend an event, meeting, or conference described in this Subsection (2), including related travel expenses and other expenses, if attendance by the guest is for a primary purpose described in Subsection (2)(g)(iv) or (vi); orto pay childcare expenses of:a candidate while the candidate is engaging in campaign activity; oran officeholder while the officeholder is engaging in the duties of an officeholder. 20A-11-104(3) The lieutenant governor shall enforce this chapter prohibiting a personal use expenditure by:evaluating a financial statement to identify a personal use expenditure; andcommencing an informal adjudicative proceeding in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if the lieutenant governor has probable cause to believe a candidate or officeholder has made a personal use expenditure.Following the proceeding, the lieutenant governor may issue a signed order requiring a candidate or officeholder who has made a personal use expenditure to:remit an administrative penalty of an amount equal to 50% of the personal use expenditure to the lieutenant governor; anddeposit the amount of the personal use expenditure in the campaign account from which the personal use expenditure was disbursed.The lieutenant governor shall deposit money received under Subsection (3)(b)(i) in the General Fund.

20A-11-105 - Deadline for payment of fine.

A person against whom the lieutenant governor imposes a fine under this chapter shall pay the fine no later than 5 p.m. on the last business day that is at least 30 calendar days after the day on which the lieutenant governor imposes the fine.

State Office Candidates - Campaign Organization and Financial Reporting Requirements

20A-11-201 - State office — Separate bank account for campaign funds — No personal use — State office candidate reporting deadline — Report other accounts — Anonymous contributions.

20A-11-201(1) Each state office candidate or the candidate’s personal campaign committee shall deposit each contribution received in one or more separate campaign accounts in a financial institution.A state office candidate or a candidate’s personal campaign committee may not use money deposited in a campaign account for:a personal use expenditure; oran expenditure prohibited by law.Each state officeholder or the state officeholder’s personal campaign committee shall deposit each contribution and public service assistance received in one or more separate campaign accounts in a financial institution.A state officeholder or a state officeholder’s personal campaign committee may not use money deposited in a campaign account for:a personal use expenditure; oran expenditure prohibited by law. 20A-11-201(2) A state office candidate or the candidate’s personal campaign committee may not deposit or mingle any contributions received into a personal or business account.A state officeholder or the state officeholder’s personal campaign committee may not deposit or mingle any contributions or public service assistance received into a personal or business account. 20A-11-201(3) If a person who is no longer a state office candidate chooses not to expend the money remaining in a campaign account, the person shall continue to file the year-end summary report required by Section 20A-11-203 until the statement of dissolution and final summary report required by Section 20A-11-205 are filed with the lieutenant governor. 20A-11-201(4) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who is no longer a state office candidate may not expend or transfer the money in a campaign account in a manner that would cause the former state office candidate to recognize the money as taxable income under federal tax law.A person who is no longer a state office candidate may transfer the money in a campaign account in a manner that would cause the former state office candidate to recognize the money as taxable income under federal tax law if the transfer is made to a campaign account for federal office. 20A-11-201(5) As used in this Subsection (5), “received” means the same as that term is defined in Subsection 20A-11-204(1)(b).Each state office candidate shall report to the lieutenant governor each contribution received by the state office candidate:except as provided in Subsection (5)(b)(ii), within 31 calendar days after the day on which the contribution is received; orwithin seven business days after the day on which the contribution is received, if:the state office candidate is contested in a convention and the contribution is received within 30 calendar days before the day on which the convention is held;the state office candidate is contested in a primary election and the contribution is received within 30 calendar days before the day on which the primary election is held; orthe state office candidate is contested in a general election and the contribution is received within 30 calendar days before the day on which the general election is held.Except as provided in Subsection (5)(d), for each contribution that a state office candidate fails to report within the time period described in Subsection (5)(b), the lieutenant governor shall impose a fine against the state office candidate in an amount equal to:10% of the amount of the contribution, if the state office candidate reports the contribution within 60 calendar days after the day on which the time period described in Subsection (5)(b) ends; or20% of the amount of the contribution, if the state office candidate fails to report the contribution within 60 calendar days after the day on which the time period described in Subsection (5)(b) ends.The lieutenant governor may waive the fine described in Subsection (5)(c) and issue a warning to the state office candidate if:the contribution that the state office candidate fails to report is paid by the state office candidate from the state office candidate’s personal funds;the state office candidate has not previously violated Subsection (5)(c) in relation to a contribution paid by the state office candidate from the state office candidate’s personal funds; andthe lieutenant governor determines that the failure to timely report the contribution is due to the state office candidate not understanding that the reporting requirement includes a contribution paid by a state office candidate from the state office candidate’s personal funds.The lieutenant governor shall:deposit money received under Subsection (5)(c) into the General Fund; andreport on the lieutenant governor’s website, in the location where reports relating to each state office candidate are available for public access:each fine imposed by the lieutenant governor against the state office candidate;the amount of the fine;the amount of the contribution to which the fine relates; andthe date of the contribution. 20A-11-201(6) As used in this Subsection (6), “account” means an account in a financial institution:that is not described in Subsection (1)(a); andinto which or from which a person who, as a candidate for an office, other than the state office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a state office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.A state office candidate shall include on any financial statement filed in accordance with this part:a contribution deposited in an account:since the last campaign finance statement was filed; orthat has not been reported under a statute or ordinance that governs the account; oran expenditure made from an account:since the last campaign finance statement was filed; orthat has not been reported under a statute or ordinance that governs the account. 20A-11-201(7) Within 31 calendar days after the day on which a state office candidate receives a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, the state office candidate shall disburse the amount of the contribution to an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.

20A-11-202 - State office candidate — Personal campaign committee required — Candidate as a political action committee officer.

20A-11-202(1) Each state office candidate shall select no more than one personal campaign committee, consisting of one or more persons, to receive contributions, make expenditures, and file reports connected with the candidate’s campaign. A state office candidate may serve as the candidate’s own campaign committee. A state office candidate may be designated by a political action committee as an officer who has primary decision-making authority as described in Section 20A-11-601. Except for expenses made by a registered political party to benefit a party’s candidates generally, a state office candidate or other person acting in concert with or with the knowledge of the state office candidate may not receive any contributions or make any expenditures on behalf of a state office candidate other than through: a personal campaign committee established under this section; and a political action committee established under Part 6, Political Action Committee Registration and Financial Reporting Requirements. 20A-11-202(2) The state office candidate shall file a written statement signed by the candidate or authorized member of the candidate’s personal campaign committee with the lieutenant governor that: informs the lieutenant governor that the state office candidate’s personal campaign committee has been selected; and provides the name and address of each member and the secretary of the committee. A state office candidate or the candidate’s personal campaign committee may not make any expenditures on behalf of the candidate until the statement has been filed. A state office candidate may revoke the selection of any member of the campaign committee by: revoking that individual’s appointment or election in writing; personally serving the written revocation on the member whose selection is revoked; and filing a copy of the written revocation with the lieutenant governor. The state office candidate may select a replacement to fill any vacancy on the campaign committee. The state office candidate shall file that replacement’s name and address with the lieutenant governor. 20A-11-202(3) A member of a state office candidate’s personal campaign committee may not make an expenditure of more than $1,000 unless the state office candidate or the secretary of the personal campaign committee authorizes the expenditure in writing. 20A-11-202(4) A state office candidate or the candidate’s personal campaign committee may not make any expenditures prohibited by law.

20A-11-203 - State office candidate — Financial reporting requirements — Year-end summary report.

20A-11-203(1) Each state office candidate shall file a summary report by January 10 of the year after the regular general election year. In addition to the requirements of Subsection (1)(a), a former state office candidate that has not filed the statement of dissolution and final summary report required under Section 20A-11-205 shall continue to file a summary report on January 10 of each year. 20A-11-203(2) Each summary report shall include the following information as of December 31 of the previous year: the net balance of the last financial statement, if any; a single figure equal to the total amount of receipts reported on all interim reports, if any; a single figure equal to the total amount of expenditures reported on all interim reports, if any, filed during the previous year; a detailed listing of each contribution received since the last summary report that has not been reported in detail on an interim report; for each nonmonetary contribution:

the fair market value of the contribution with that information provided by the contributor; and a specific description of the contribution; a detailed listing of each expenditure made since the last summary report that has not been reported in detail on an interim report; for each nonmonetary expenditure, the fair market value of the expenditure; a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts minus all expenditures; and the name of a political action committee for which the state office candidate is designated as an officer who has primary decision-making authority under Section 20A-11-601. In preparing the report, all receipts and expenditures shall be reported as of December 31 of the previous year. A check or negotiable instrument received by a state office candidate or a state office candidate’s personal campaign committee on or before December 31 of the previous year shall be included in the summary report. 20A-11-203(3) An authorized member of the state office candidate’s personal campaign committee or the state office candidate shall certify in the summary report that, to the best of the person’s knowledge, all receipts and all expenditures have been reported as of December 31 of the previous year and that there are no bills or obligations outstanding and unpaid except as set forth in that report.

20A-11-204 - State office candidate and state officeholder — Financial reporting requirements — Interim reports.

20A-11-204(1) As used in this section:“Campaign account” means a separate campaign account required under Subsection 20A-11-201(1)(a) or (c).”Received” means:for a cash contribution, that the cash is given to a state office candidate or a member of the state office candidate’s personal campaign committee;for a contribution that is a negotiable instrument or check, that the negotiable instrument or check is negotiated;for a direct deposit made into a campaign account by a person not associated with the campaign, the earlier of:the day on which the state office candidate or a member of the state office candidate’s personal campaign committee becomes aware of the deposit and the source of the deposit;the day on which the state office candidate or a member of the state office candidate’s personal campaign committee receives notice of the deposit and the source of the deposit by mail, email, text, or similar means; or31 calendar days after the day on which the direct deposit occurs; orfor any other type of contribution, that any portion of the contribution’s benefit inures to the state office candidate. 20A-11-204(2) Except as provided in Subsection (3), each state office candidate shall file an interim report at the following times in any year in which the candidate has filed a declaration of candidacy for a public office:seven calendar days before the candidate’s political convention; orfor an unaffiliated candidate, the fourth Saturday in March;seven calendar days before the regular primary election date;September 30; andseven calendar days before the regular general election date. 20A-11-204(3) If a state office candidate is a state office candidate seeking appointment for a midterm vacancy, the state office candidate:shall file an interim report:no later than three business days before the day on which the political party of the party for which the state office candidate seeks nomination meets to declare a nominee for the governor to appoint in accordance with Subsection 20A-1-504(1)(a); orif a state office candidate decides to seek the appointment with less than three business days before the day on which the political party meets, or the political party schedules the meeting to declare a nominee less than three business days before the day of the meeting, no later than 5 p.m. on the last day of business before the day on which the political party meets; andis not required to file an interim report at the times described in Subsection (2). 20A-11-204(4) Each interim report shall include the following information:the net balance of the last summary report, if any;a single figure equal to the total amount of receipts reported on all prior interim reports, if any, during the calendar year in which the interim report is due;a single figure equal to the total amount of expenditures reported on all prior interim reports, if any, filed during the calendar year in which the interim report is due;a detailed listing of:for a state office candidate, each contribution received since the last summary report that has not been reported in detail on a prior interim report; orfor a state officeholder, each contribution and public service assistance received since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary contribution:the fair market value of the contribution with that information provided by the contributor; anda specific description of the contribution;a detailed listing of each expenditure made since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary expenditure, the fair market value of the expenditure;a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts since the last summary report minus all expenditures since the last summary report;a summary page in the form required by the lieutenant governor that identifies:beginning balance;total contributions and public service assistance received during the period since the last statement;total contributions and public service assistance received to date;total expenditures during the period since the last statement; andtotal expenditures to date; andthe name of a political action committee for which the state office candidate or state officeholder is designated as an officer who has primary decision-making authority under Section 20A-11-601. 20A-11-204(5) In preparing each interim report, all receipts and expenditures shall be reported as of five calendar days before the required filing date of the report.Any negotiable instrument or check received by a state office candidate or state officeholder more than five calendar days before the required filing date of a report required by this section shall be included in the interim report.

20A-11-205 - State office candidate — Financial reporting requirements — Termination of duty to report.

20A-11-205(1) Each state office candidate and the candidate’s personal campaign committee is active and subject to interim reporting requirements until:

the candidate withdraws or is eliminated in a convention or primary; or if seeking appointment as a midterm vacancy state office candidate: the political party liaison fails to forward the person’s name to the governor; or the governor fails to appoint the person to fill the vacancy. 20A-11-205(2) Each state office candidate and the candidate’s personal campaign committee is active and subject to year-end summary reporting requirements until the candidate has filed a statement of dissolution with the lieutenant governor stating that:

the state office candidate or the personal campaign committee is no longer receiving contributions and is no longer making expenditures; the ending balance on the last summary report filed is zero and the balance in the separate bank account required in Section 20A-11-201 is zero; and a final summary report in the form required by Section 20A-11-203 showing a zero balance is attached to the statement of dissolution. 20A-11-205(3) A statement of dissolution and a final summary report may be filed at any time. 20A-11-205(4) Each state office candidate and the candidate’s personal campaign committee shall continue to file the year-end summary report required by Section 20A-11-203 until the statement of dissolution and final summary report required by this section are filed with the lieutenant governor.

20A-11-206 - State office candidate — Failure to file reports — Penalties.

20A-11-206(1) A state office candidate who fails to file a financial statement before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005. 20A-11-206(2) If a state office candidate fails to file an interim report described in Subsections 20A-11-204(2)(b) through (d), the lieutenant governor may send an electronic notice to the state office candidate and the political party of which the state office candidate is a member, if any, that states:that the state office candidate failed to timely file the report; andthat, if the state office candidate fails to file the report within 24 hours after the deadline for filing the report, the state office candidate will be disqualified and the political party will not be permitted to replace the candidate. 20A-11-206(3) The lieutenant governor shall disqualify a state office candidate and inform the county clerk and other appropriate election officials that the state office candidate is disqualified if the state office candidate fails to file an interim report described in Subsections 20A-11-204(2)(b) through (d) within 24 hours after the deadline for filing the report.The political party of a state office candidate who is disqualified under Subsection (3)(a) may not replace the state office candidate. 20A-11-206(4) If a state office candidate is disqualified under Subsection (3)(a), the election officer shall:notify every opposing candidate for the state office that the state office candidate is disqualified;send an email notification to each voter who is eligible to vote in the state office race for whom the lieutenant governor has an email address informing the voter that the state office candidate is disqualified and that votes cast for the state office candidate will not be counted;post notice of the disqualification on the lieutenant governor’s website; andif practicable, remove the state office candidate’s name from the ballot. 20A-11-206(5) An election officer may fulfill the requirement described in Subsection (4) in relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a written notice directing the voter to the lieutenant governor’s website to inform the voter whether a candidate on the ballot is disqualified. 20A-11-206(6) A state office candidate is not disqualified if:the state office candidate timely files the reports described in Subsections 20A-11-204(2)(b) through (d) no later than 24 hours after the applicable deadlines for filing the reports;the reports are completed, detailing accurately and completely the information required by this part except for inadvertent omissions or insignificant errors or inaccuracies; andthe omissions, errors, or inaccuracies described in Subsection (6)(b) are corrected in an amended report or the next scheduled report. 20A-11-206(7) Within 60 calendar days after a deadline for the filing of a summary report, the lieutenant governor shall review each filed summary report to ensure that:each state office candidate that is required to file a summary report has filed one; andeach summary report contains the information required by this part.If it appears that any state office candidate has failed to file the summary report required by law, if it appears that a filed summary report does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any summary report, the lieutenant governor shall, no later than the first business day that is at least five days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the state office candidate of the violation or written complaint and direct the state office candidate to file a summary report correcting the problem.It is unlawful for a state office candidate to fail to file or amend a summary report within seven calendar days after receiving notice from the lieutenant governor described in this Subsection (7).Each state office candidate who violates Subsection (7)(c)(i) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (7)(c)(i) to the attorney general.In addition to the criminal penalty described in Subsection (7)(c)(ii), the lieutenant governor shall impose a civil fine of $100 against a state office candidate who violates Subsection (7)(c)(i).

Candidates for Legislative Office - Campaign Organization and Financial Reporting Requirements

20A-11-301 - Legislative office — Campaign finance requirements — Candidate as a political action committee officer — No personal use — Contribution reporting deadline — Report other accounts — Anonymous contributions.

20A-11-301(1) Each legislative office candidate shall deposit each contribution received in one or more separate accounts in a financial institution that are dedicated only to that purpose.A legislative office candidate may:receive a contribution from a political action committee registered under Section 20A-11-601; andbe designated by a political action committee as an officer who has primary decision-making authority as described in Section 20A-11-601.A legislative office candidate or the candidate’s personal campaign committee may not use money deposited in an account described in Subsection (1)(a)(i) for:a personal use expenditure; oran expenditure prohibited by law.Each legislative officeholder shall deposit each contribution and public service assistance received in one or more separate accounts in a financial institution that are dedicated only to that purpose.A legislative officeholder may:receive a contribution or public service assistance from a political action committee registered under Section 20A-11-601; andbe designated by a political action committee as an officer who has primary decision-making authority as described in Section 20A-11-601.A legislative officeholder or the legislative officeholder’s personal campaign committee may not use money deposited in an account described in Subsection (1)(c)(i) for:a personal use expenditure; oran expenditure prohibited by law. 20A-11-301(2) A legislative office candidate may not deposit or mingle any contributions received into a personal or business account.A legislative officeholder may not deposit or mingle any contributions or public service assistance received into a personal or business account. 20A-11-301(3) If a person who is no longer a legislative candidate chooses not to expend the money remaining in a campaign account, the person shall continue to file the year-end summary report required by Section 20A-11-302 until the statement of dissolution and final summary report required by Section 20A-11-304 are filed with the lieutenant governor. 20A-11-301(4) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who is no longer a legislative office candidate may not expend or transfer the money in a campaign account in a manner that would cause the former legislative office candidate to recognize the money as taxable income under federal tax law.A person who is no longer a legislative office candidate may transfer the money in a campaign account in a manner that would cause the former legislative office candidate to recognize the money as taxable income under federal tax law if the transfer is made to a campaign account for federal office. 20A-11-301(5) As used in this Subsection (5), “received” means the same as that term is defined in Subsection 20A-11-303(1)(b).Each legislative office candidate shall report to the lieutenant governor each contribution received by the legislative office candidate:except as provided in Subsection (5)(b)(ii), within 31 calendar days after the day on which the contribution is received; orwithin seven business days after the day on which the contribution is received, if:the legislative office candidate is contested in a convention and the contribution is received within 30 calendar days before the day on which the convention is held;the legislative office candidate is contested in a primary election and the contribution is received within 30 calendar days before the day on which the primary election is held; orthe legislative office candidate is contested in a general election and the contribution is received within 30 calendar days before the day on which the general election is held.Except as provided in Subsection (5)(d), for each contribution that a legislative office candidate fails to report within the time period described in Subsection (5)(b), the lieutenant governor shall impose a fine against the legislative office candidate in an amount equal to:10% of the amount of the contribution, if the legislative office candidate reports the contribution within 60 calendar days after the day on which the time period described in Subsection (5)(b) ends; or20% of the amount of the contribution, if the legislative office candidate fails to report the contribution within 60 calendar days after the day on which the time period described in Subsection (5)(b) ends.The lieutenant governor may waive the fine described in Subsection (5)(c) and issue a warning to the legislative office candidate if:the contribution that the legislative office candidate fails to report is paid by the legislative office candidate from the legislative office candidate’s personal funds;the legislative office candidate has not previously violated Subsection (5)(c) in relation to a contribution paid by the legislative office candidate from the legislative office candidate’s personal funds; andthe lieutenant governor determines that the failure to timely report the contribution is due to the legislative office candidate not understanding that the reporting requirement includes a contribution paid by a legislative office candidate from the legislative office candidate’s personal funds.The lieutenant governor shall:deposit money received under Subsection (5)(c) into the General Fund; andreport on the lieutenant governor’s website, in the location where reports relating to each legislative office candidate are available for public access:each fine imposed by the lieutenant governor against the legislative office candidate;the amount of the fine;the amount of the contribution to which the fine relates; andthe date of the contribution. 20A-11-301(6) Within 31 calendar days after the day on which a legislative office candidate receives a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, the legislative office candidate shall disburse the amount of the contribution to an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code. 20A-11-301(7) As used in this Subsection (7), “account” means an account in a financial institution:that is not described in Subsection (1)(a)(i); andinto which or from which a person who, as a candidate for an office, other than a legislative office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a legislative office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.A legislative office candidate shall include on any financial statement filed in accordance with this part:a contribution deposited in an account:since the last campaign finance statement was filed; orthat has not been reported under a statute or ordinance that governs the account; oran expenditure made from an account:since the last campaign finance statement was filed; orthat has not been reported under a statute or ordinance that governs the account.

20A-11-302 - Legislative office candidate — Financial reporting requirements — Year-end summary report.

20A-11-302(1) Each legislative office candidate shall file a summary report by January 10 of the year after the regular general election year. In addition to the requirements of Subsection (1)(a), a former legislative office candidate that has not filed the statement of dissolution and final summary report required under Section 20A-11-304 shall continue to file a summary report on January 10 of each year. 20A-11-302(2) Each summary report shall include the following information as of December 31 of the previous year: the net balance of the last financial statement, if any; a single figure equal to the total amount of receipts reported on all interim reports, if any, during the calendar year in which the summary report is due; a single figure equal to the total amount of expenditures reported on all interim reports, if any, filed during the previous year; a detailed listing of each contribution received since the last summary report that has not been reported in detail on an interim report; for each nonmonetary contribution:

the fair market value of the contribution with that information provided by the contributor; and a specific description of the contribution; a detailed listing of each expenditure made since the last summary report that has not been reported in detail on an interim report; for each nonmonetary expenditure, the fair market value of the expenditure; a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts minus all expenditures; and the name of a political action committee for which the legislative office candidate is designated as an officer who has primary decision-making authority under Section 20A-11-601. In preparing the report, all receipts and expenditures shall be reported as of December 31 of the previous year. A check or negotiable instrument received by a legislative office candidate on or before December 31 of the previous year shall be included in the summary report. 20A-11-302(3) The legislative office candidate shall certify in the summary report that to the best of the candidate’s knowledge, all receipts and all expenditures have been reported as of December 31 of the previous year and that there are no bills or obligations outstanding and unpaid except as set forth in that report.

20A-11-303 - Legislative office candidate and legislative officeholder — Financial reporting requirements — Interim reports.

20A-11-303(1) As used in this section: “Campaign account” means a separate campaign account required under Subsection 20A-11-301(1)(a)(i) or (c)(i).”Received” means:for a cash contribution, that the cash is given to a legislative office candidate or a member of the legislative office candidate’s personal campaign committee;for a contribution that is a negotiable instrument or check, that the negotiable instrument or check is negotiated;for a direct deposit made into a campaign account by a person not associated with the campaign, the earlier of:the day on which the legislative office candidate or a member of the legislative office candidate’s personal campaign committee becomes aware of the deposit and the source of the deposit;the day on which the legislative office candidate or a member of the legislative office candidate’s personal campaign committee receives notice of the deposit and the source of the deposit by mail, email, text, or similar means; or31 calendar days after the day on which the direct deposit occurs; orfor any other type of contribution, that any portion of the contribution’s benefit inures to the legislative office candidate. 20A-11-303(2) Except as provided in Subsection (3), each legislative office candidate shall file an interim report at the following times in any year in which the candidate has filed a declaration of candidacy for a public office:seven calendar days before the candidate’s political convention; orfor an unaffiliated candidate, the fourth Saturday in March;seven calendar days before the regular primary election date;September 30; andseven calendar days before the regular general election date. 20A-11-303(3) If a legislative office candidate is a legislative office candidate seeking appointment for a midterm vacancy, the legislative office candidate:shall file an interim report:no later than three business days before the day on which the political party of the party for which the legislative office candidate seeks nomination meets to declare a nominee for the governor to appoint in accordance with Section 20A-1-503; orif the legislative office candidate decides to seek the appointment with less than three business days before the day on which the political party meets, or the political party schedules the meeting to declare a nominee less than three business days before the day of the meeting, no later than 5 p.m. on the last day of business before the day on which the political party meets; andis not required to file an interim report at the times described in Subsection (2). 20A-11-303(4) Each interim report shall include the following information:the net balance of the last summary report, if any;a single figure equal to the total amount of receipts reported on all prior interim reports, if any, during the calendar year in which the interim report is due;a single figure equal to the total amount of expenditures reported on all prior interim reports, if any, filed during the calendar year in which the interim report is due;a detailed listing of:for a legislative office candidate, each contribution received since the last summary report that has not been reported in detail on a prior interim report; orfor a legislative officeholder, each contribution and public service assistance received since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary contribution:the fair market value of the contribution with that information provided by the contributor; anda specific description of the contribution;a detailed listing of each expenditure made since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary expenditure, the fair market value of the expenditure;a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts since the last summary report minus all expenditures since the last summary report;a summary page in the form required by the lieutenant governor that identifies:beginning balance;total contributions and public service assistance received during the period since the last statement;total contributions and public service assistance received to date;total expenditures during the period since the last statement; andtotal expenditures to date; andthe name of a political action committee for which the legislative office candidate or legislative officeholder is designated as an officer who has primary decision-making authority under Section 20A-11-601. 20A-11-303(5) In preparing each interim report, all receipts and expenditures shall be reported as of five calendar days before the required filing date of the report.Any negotiable instrument or check received by a legislative office candidate or legislative officeholder more than five calendar days before the required filing date of a report required by this section shall be included in the interim report.

20A-11-304 - Legislative office candidate — Financial reporting requirements — Termination of duty to report.

20A-11-304(1) Each legislative office candidate is subject to interim reporting requirements until:

the candidate withdraws or is eliminated in a convention or primary; or if seeking appointment as a midterm vacancy legislative office candidate: the political party liaison fails to forward the person’s name to the governor; or the governor fails to appoint the person to fill the vacancy. 20A-11-304(2) Each legislative office candidate is subject to year-end summary reporting requirements until the candidate has filed a statement of dissolution with the lieutenant governor stating that:

the legislative office candidate is no longer receiving contributions and is no longer making expenditures; the ending balance on the last summary report filed is zero and the balance in the separate bank account required in Section 20A-11-301 is zero; and a final summary report in the form required by Section 20A-11-302 showing a zero balance is attached to the statement of dissolution. 20A-11-304(3) A statement of dissolution and a final summary report may be filed at any time. 20A-11-304(4) Each legislative office candidate shall continue to file the year-end summary report required by Section 20A-11-302 until the statement of dissolution and final summary report required by this section are filed with the lieutenant governor.

20A-11-305 - Legislative office candidate — Failure to file report — Penalties.

20A-11-305(1) A legislative office candidate who fails to file a financial statement before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005. 20A-11-305(2) If a legislative office candidate fails to file an interim report described in Subsections 20A-11-303(2)(b) through (d), the lieutenant governor may send an electronic notice to the legislative office candidate and the political party of which the legislative office candidate is a member, if any, that states:that the legislative office candidate failed to timely file the report; andthat, if the legislative office candidate fails to file the report within 24 hours after the deadline for filing the report, the legislative office candidate will be disqualified and the political party will not be permitted to replace the candidate. 20A-11-305(3) The lieutenant governor shall disqualify a legislative office candidate and inform the county clerk and other appropriate election officials that the legislative office candidate is disqualified if the legislative office candidate fails to file an interim report described in Subsections 20A-11-303(2)(b) through (d) within 24 hours after the deadline for filing the report.The political party of a legislative office candidate who is disqualified under Subsection (3)(a) may not replace the legislative office candidate. 20A-11-305(4) If a legislative office candidate is disqualified under Subsection (3)(a), the election officer shall:notify every opposing candidate for the legislative office that the legislative office candidate is disqualified;send an email notification to each voter who is eligible to vote in the legislative office race for whom the election officer has an email address informing the voter that the legislative office candidate is disqualified and that votes cast for the legislative office candidate will not be counted;post notice of the disqualification on the election officer’s website; andif practicable, remove the legislative office candidate’s name from the ballot. 20A-11-305(5) An election officer may fulfill the requirement described in Subsection (4) in relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a written notice directing the voter to the election officer’s website to inform the voter whether a candidate on the ballot is disqualified. 20A-11-305(6) A legislative office candidate is not disqualified if:the legislative office candidate files the reports described in Subsections 20A-11-303(2)(b) through (d) no later than 24 hours after the applicable deadlines for filing the reports;the reports are completed, detailing accurately and completely the information required by this part except for inadvertent omissions or insignificant errors or inaccuracies; andthe omissions, errors, or inaccuracies described in Subsection (6)(b) are corrected in an amended report or the next scheduled report. 20A-11-305(7) Within 60 calendar days after a deadline for the filing of a summary report, the lieutenant governor shall review each filed summary report to ensure that:each legislative office candidate that is required to file a summary report has filed one; andeach summary report contains the information required by this part.If it appears that any legislative office candidate has failed to file the summary report required by law, if it appears that a filed summary report does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any summary report, the lieutenant governor shall, no later than the first business day that is at least five calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the legislative office candidate of the violation or written complaint and direct the legislative office candidate to file a summary report correcting the problem.It is unlawful for a legislative office candidate to fail to file or amend a summary report within seven calendar days after receiving notice from the lieutenant governor described in this Subsection (7).Each legislative office candidate who violates Subsection (7)(c)(i) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (7)(c)(i) to the attorney general.In addition to the criminal penalty described in Subsection (7)(c)(ii), the lieutenant governor shall impose a civil fine of $100 against a legislative office candidate who violates Subsection (7)(c)(i).

Officeholder Financial Reporting Requirements

20A-11-401 - Officeholder financial reporting requirements — Year-end summary report — Officeholder as a political action committee officer — Anonymous contribution or public service assistance.

20A-11-401(1) Each officeholder shall file a summary report by January 10 of each year.An officeholder that is required to file a summary report both as an officeholder and as a candidate for office under the requirements of this chapter may file a single summary report as a candidate and an officeholder, provided that the combined report meets the requirements of:this section; andthe section that provides the requirements for the summary report filed by the officeholder in the officeholder’s capacity of a candidate for office. 20A-11-401(2) Each summary report shall include the following information as of December 31 of the previous year:the net balance of the last summary report, if any;a single figure equal to the total amount of receipts received since the last summary report, if any;a single figure equal to the total amount of expenditures made since the last summary report, if any;a detailed listing of each contribution and public service assistance received since the last summary report;for each nonmonetary contribution:the fair market value of the contribution with that information provided by the contributor; anda specific description of the contribution;a detailed listing of each expenditure made since the last summary report;for each nonmonetary expenditure, the fair market value of the expenditure;a net balance for the year consisting of the net balance from the last summary report plus all receipts minus all expenditures; andthe name of a political action committee for which the officeholder is designated as an officer who has primary decision-making authority under Section 20A-11-601.In preparing the report, all receipts and expenditures shall be reported as of December 31 of the previous year. 20A-11-401(3) The summary report shall contain a paragraph signed by the officeholder certifying that, to the best of the officeholder’s knowledge, all receipts and all expenditures have been reported as of December 31 of the last calendar year and that there are no bills or obligations outstanding and unpaid except as set forth in that report. 20A-11-401(4) An officeholder may:receive public service assistance from a political action committee registered under Section 20A-11-601; andbe designated by a political action committee as an officer who has primary decision-making authority as described in Section 20A-11-601. 20A-11-401(5) Within 31 calendar days after the day on which an officeholder receives a contribution or public service assistance that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, the officeholder shall disburse the amount of the contribution or public service assistance to:the treasurer of the state or a political subdivision for deposit into the state’s or political subdivision’s general fund; oran organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.

20A-11-402 - Officeholder financial reporting requirements — Statement of dissolution.

20A-11-402(1) An officeholder or former officeholder is active and subject to reporting requirements until the officeholder or former officeholder has filed a statement of dissolution with the lieutenant governor stating that:the officeholder or former officeholder is no longer receiving contributions or public service assistance and is no longer making expenditures;the ending balance on the last summary report filed is zero and the balance in the separate bank account required by Section 20A-11-201, 20A-11-301, or 20A-11-1301 is zero; anda final summary report in the form required by Section 20A-11-401 showing a zero balance is attached to the statement of dissolution. 20A-11-402(2) A statement of dissolution and a final summary report may be filed at any time. 20A-11-402(3) Each officeholder shall report to the lieutenant governor each contribution or public service assistance received by the state officeholder within 31 calendar days after the day on which the officeholder receives the contribution or public service assistance.For each contribution or public service assistance that an officeholder fails to report within the time period described in Subsection (3)(a), the lieutenant governor shall impose a fine against the officeholder in an amount equal to:10% of the amount of the contribution or public service assistance if the officeholder reports the contribution or public service assistance within 60 calendar days after the day on which the time period described in Subsection (3)(a) ends; or20% of the amount of the contribution or public service assistance if the officeholder fails to report the contribution or public service assistance within 60 calendar days after the day on which the time period described in Subsection (3)(a) ends.Each officeholder or former officeholder shall continue to file the year-end summary report required by Section 20A-11-401 until the statement of dissolution and final summary report required by this section are filed with the lieutenant governor. 20A-11-402(4) An officeholder or former officeholder may not use a contribution or public service assistance deposited in an account in accordance with this chapter for:a personal use expenditure; oran expenditure prohibited by law. 20A-11-402(5) Except as provided in Subsection (5)(b), a former officeholder may not expend or transfer the money in a campaign account in a manner that would cause the former officeholder to recognize the money as taxable income under federal tax law.A former officeholder may transfer the money in a campaign account in a manner that would cause the former officeholder to recognize the money as taxable income under federal tax law if the transfer is made to a campaign account for federal office.

20A-11-403 - Failure to file — Penalties.

20A-11-403(1) Within 60 calendar days after a deadline for the filing of a summary report, the lieutenant governor shall review each filed summary report to ensure that:each officeholder that is required to file a summary report has filed one; andeach summary report contains the information required by this part. 20A-11-403(2) If it appears that any officeholder has failed to file the summary report required by law, if it appears that a filed summary report does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any summary report, the lieutenant governor shall, if the lieutenant governor determines that a violation has occurred:impose a fine against the filing entity in accordance with Section 20A-11-1005; andno later than the first business day that is at least five calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the officeholder of the violation or written complaint and direct the officeholder to file a summary report correcting the problem. 20A-11-403(3) It is unlawful for any officeholder to fail to file or amend a summary report within seven calendar days after receiving notice from the lieutenant governor under this section.Each officeholder who violates Subsection (3)(a) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (3)(a) to the attorney general.In addition to the criminal penalty described in Subsection (3)(b), the lieutenant governor shall impose a civil fine of $100 against an officeholder who violates Subsection (3)(a).

Political Party Registration and Financial Reporting Requirements

20A-11-505.5 - Political party financial reporting requirements — General requirements.

Nothing in this part requires a registered political party to report contributions and expenditures made to benefit federal candidates and filed with the Federal Election Commission.

20A-11-505.7 - Separate account for contributions for registered political party — Anonymous contributions to registered political party or county political party.

20A-11-505.7(1) A registered political party shall deposit a contribution received in one or more separate campaign accounts in a financial institution. 20A-11-505.7(2) A registered political party may not deposit or mingle a contribution received into a personal or business account. 20A-11-505.7(3) A registered political party or county political party may not expend a contribution for political purposes or a political issues expenditure if the contribution:

is cash or a negotiable instrument; exceeds $50; and is from an unknown source.

20A-11-506 - Political party financial reporting requirements — Year-end summary report.

20A-11-506(1) The party committee of each registered political party shall file a summary report by January 10 of each year. 20A-11-506(2) Each summary report shall include the following information as of December 31 of the previous year: the net balance of the last summary report, if any; a single figure equal to the total amount of receipts reported on all interim reports, if any, during the previous year; a single figure equal to the total amount of expenditures reported on all interim reports, if any, filed during the previous year; a detailed listing of each contribution received since the last summary report that has not been reported in detail on an interim report; for each nonmonetary contribution, the fair market value of the contribution; a detailed listing of each expenditure made since the last summary report that has not been reported in detail on an interim report; for each nonmonetary expenditure, the fair market value of the expenditure; and a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts minus all expenditures. For all individual contributions of $50orless,asingleaggregatefiguremaybereportedwithoutseparatedetailedlistings.Twoormorecontributionsfromthesamesourcethathaveanaggregatetotalofmorethan$50 may not be reported in the aggregate, but shall be reported separately. In preparing the report, all receipts and expenditures shall be reported as of December 31 of the previous year. 20A-11-506(3) The summary report shall contain a paragraph signed by the treasurer of the party committee certifying that, to the best of the treasurer’s knowledge, all receipts and all expenditures have been reported as of December 31 of the previous year and that there are no bills or obligations outstanding and unpaid except as set forth in that report.

20A-11-507 - Political party financial reporting requirements — Interim reports.

20A-11-507(1) The party committee of each registered political party shall file an interim report at the following times in any year in which there is a regular general election:seven calendar days before the registered political party’s political convention;seven calendar days before the regular primary election date;September 30; andseven calendar days before the general election date. 20A-11-507(2) Each interim report shall include the following information:the net balance of the last financial statement, if any;a single figure equal to the total amount of receipts reported on all prior interim reports, if any, during the calendar year in which the interim report is due;a single figure equal to the total amount of expenditures reported on all prior interim reports, if any, filed during the calendar year in which the interim report is due;a detailed listing of each contribution received since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary contribution, the fair market value of the contribution;a detailed listing of each expenditure made since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary expenditure, the fair market value of the expenditure;a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts since the last summary report minus all expenditures since the last summary report; anda summary page in the form required by the lieutenant governor that identifies:beginning balance;total contributions during the period since the last statement;total contributions to date;total expenditures during the period since the last statement; andtotal expenditures to date. 20A-11-507(3) For all individual contributions of $50orless,asingleaggregatefiguremaybereportedwithoutseparatedetailedlistings.Twoormorecontributionsfromthesamesourcethathaveanaggregatetotalofmorethan$50 may not be reported in the aggregate, but shall be reported separately. 20A-11-507(4) In preparing each interim report, all receipts and expenditures shall be reported as of five calendar days before the required filing date of the report.

20A-11-508 - Political party reporting requirements — Criminal penalties — Fines.

20A-11-508(1) Each registered political party that fails to file a financial statement by the deadline is subject to a fine imposed in accordance with Section 20A-11-1005.Each registered political party that fails to file an interim report described in Subsections 20A-11-507(1)(b) through (d) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (1)(b) to the attorney general. 20A-11-508(2) Within 60 calendar days after a deadline for the filing of a summary report required by this part, the lieutenant governor shall review each filed report to ensure that:each political party that is required to file a report has filed one; andeach report contains the information required by this part. 20A-11-508(3) If it appears that any political party has failed to file a report required by law, if it appears that a filed report does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any report, the lieutenant governor shall, no later than the first business day that is at least five calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the political party of the violation or written complaint and direct the political party to file a summary report correcting the problem. 20A-11-508(4) It is unlawful for any political party to fail to file or amend a summary report within seven calendar days after receiving notice from the lieutenant governor under this section.Each political party who violates Subsection (4)(a) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney general.In addition to the criminal penalty described in Subsection (4)(b), the lieutenant governor shall impose a civil fine of $1,000 against a political party that violates Subsection (4)(a).

20A-11-509 - Separate account for contributions for county political party.

20A-11-509(1) A county political party officer shall deposit a contribution received in one or more separate campaign accounts in a financial institution. 20A-11-509(2) A county political party officer may not deposit or mingle a contribution received into a personal or business account.

20A-11-510 - County political party financial reporting requirements — Year-end summary report.

20A-11-510(1) A county political party officer of a county political party that has received contributions totaling at least $750,ordisbursedexpenditurestotalingatleast$750, during a calendar year shall file a summary report by January 10 of the following year. 20A-11-510(2) Each summary report shall include the following information as of December 31 of the previous year: the net balance of the last summary report, if any; a single figure equal to the total amount of receipts reported on all interim reports, if any, filed during the previous year; a single figure equal to the total amount of expenditures reported on all interim reports, if any, filed during the previous year; a detailed listing of each contribution received since the last summary report that has not been reported in detail on an interim report; for each nonmonetary contribution, the fair market value of the contribution; a detailed listing of each expenditure made since the last summary report that has not been reported in detail on an interim report; for each nonmonetary expenditure, the fair market value of the expenditure; and a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts minus all expenditures. For all individual contributions of $50orless,asingleaggregatefiguremaybereportedwithoutseparatedetailedlistings.Twoormorecontributionsfromthesamesourcethathaveanaggregatetotalofmorethan$50 may not be reported in the aggregate, but shall be reported separately. In preparing the report, all receipts and expenditures shall be reported as of December 31 of the previous year. 20A-11-510(3) The county political party officer shall certify in the summary report that, to the best of the officer’s knowledge, all receipts and all expenditures have been reported as of December 31 of the previous year and that there are no bills or obligations outstanding and unpaid except as set forth in that report.

20A-11-511 - County political party financial reporting requirements — Interim reports.

20A-11-511(1) A county political party officer of a county political party that has received contributions totaling at least $750,ordisbursedexpenditurestotalingatleast$750, during a calendar year shall file an interim report at the following times in any year in which there is a regular general election:seven calendar days before the county political party’s convention;seven calendar days before the regular primary election date;September 30; andseven calendar days before the general election date.A county political party officer need not file an interim report if it received no contributions or made no expenditures during the reporting period. 20A-11-511(2) Each interim report shall include the following information:the net balance of the last financial statement, if any;a single figure equal to the total amount of receipts reported on all prior interim reports, if any, during the calendar year in which the interim report is due;a single figure equal to the total amount of expenditures reported on all prior interim reports, if any, filed during the calendar year in which the interim report is due;a detailed listing of each contribution received since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary contribution, the fair market value of the contribution;a detailed listing of each expenditure made since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary expenditure, the fair market value of the expenditure;a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts since the last summary report minus all expenditures since the last summary report; anda summary page in the form required by the lieutenant governor that identifies:beginning balance;total contributions during the period since the last statement;total contributions to date;total expenditures during the period since the last statement; andtotal expenditures to date. 20A-11-511(3) For all individual contributions of $50orless,asingleaggregatefiguremaybereportedwithoutseparatedetailedlistings.Twoormorecontributionsfromthesamesourcethathaveanaggregatetotalofmorethan$50 may not be reported in the aggregate, but shall be reported separately. 20A-11-511(4) In preparing each interim report, all receipts and expenditures shall be reported as of five calendar days before the required filing date of the report.

20A-11-512 - County political party — Criminal penalties — Fines.

20A-11-512(1) A county political party that fails to file an interim report described in Subsections 20A-11-511(1)(a)(i) through (iv) before the deadline is subject to a fine in accordance with Section 20A-11-1005, which the chief election officer shall deposit into the General Fund. 20A-11-512(2) Within 60 calendar days after a deadline for the filing of the January 10 statement required by Section 20A-11-510, the lieutenant governor shall review each filed statement to ensure that:a county political party officer who is required to file a statement has filed one; andeach statement contains the information required by Section 20A-11-510. 20A-11-512(3) If it appears that any county political party officer has failed to file a financial statement before the deadline, if it appears that a filed financial statement does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any financial statement, the lieutenant governor shall, no later than the first business day that is at least five calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the county political party officer of the violation or written complaint and direct the county political party officer to file a financial statement correcting the problem. 20A-11-512(4) A county political party that fails to file or amend a financial statement within seven calendar days after the day on which the county political party receives notice from the lieutenant governor under this section is subject to a fine of the lesser of:10% of the total contributions received, and the total expenditures made, by the county political party during the reporting period for the financial statement that the county political party failed to file or amend; or$1,000.The chief election officer shall deposit a fine collected under Subsection (4)(a) into the General Fund.

20A-11-513 - Termination of duty to report.

20A-11-513(1) A registered political party or county political party is subject to year-end summary reporting requirements until the registered political party or county political party has filed a statement of dissolution with the lieutenant governor stating that:

the political party is no longer receiving contributions and is no longer making expenditures; the ending balance on the last summary report filed is zero; and a final summary report in the form required by this part showing a zero balance is filed with the statement of dissolution. 20A-11-513(2) A statement of dissolution and a final summary report may be filed at any time. 20A-11-513(3) A registered political party or county political party shall continue to file the year-end summary report required by this part until the statement of dissolution and final summary report required by this section are filed with the lieutenant governor.

Political Action Committee Registration and Financial Reporting Requirements

20A-11-601 - Political action committees — Registration — Name or acronym used by political action committee — Criminal penalty for providing false information or accepting unlawful contribution.

20A-11-601(1) A political action committee shall file an initial statement of organization with the lieutenant governor’s office no later than 5 p.m. on the first business day that is at least seven calendar days after the day on which the political action committee:receives contributions totaling at least $750;ordistributesexpendituresforpoliticalpurposestotalingatleast$750.Unless the political action committee has filed a notice of dissolution under Subsection (7), after filing an initial statement of organization, a political action committee shall file an updated statement of organization with the lieutenant governor’s office each year after the year in which the political action committee files an initial statement of organization:before 5 p.m. on January 10; orelectronically, before midnight on January 10.After filing an initial statement of organization, a political action committee shall, before January 10 each year after the year in which the political action committee files an initial statement of organization, file an updated statement of organization with the lieutenant governor’s office. 20A-11-601(2) A statement of organization described in Subsection (1) shall include:the full name of the political action committee, a second name, if any, and an acronym, if any;the address and phone number of the political action committee;the name, address, telephone number, title, and occupation of:the two officers described in Subsection (5) and the treasurer of the political action committee;all other officers, advisory members, and governing board members of the political action committee; andeach individual or entity represented by, or affiliated with, the political action committee; andother relevant information requested by the lieutenant governor. 20A-11-601(3) A political action committee may not use a name or acronym:other than a name or acronym disclosed in the political action committee’s latest statement of organization;that is the same, or deceptively similar to, the name or acronym of another political action committee; orthat is likely to mislead a potential donor regarding the individuals or entities represented by, or affiliated with, the political action committee.Within seven calendar days after the day on which a political action committee files an initial statement of organization, the lieutenant governor’s office shall:review the statement and determine whether a name or acronym used by the political action committee violates Subsection (3)(a)(ii) or (iii); andif the lieutenant governor’s office determines that a name or acronym used by the political action committee violates Subsection (3)(a)(ii) or (iii), order, in writing, that the political action committee:immediately cease and desist use of the name or acronym; andwithin seven calendar days after the day of the order, electronically file an updated statement of organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).If a political action committee uses a name or acronym that is the same, or deceptively similar to, the name or acronym of another political action committee, the lieutenant governor shall determine which political action committee has been using the name the longest and shall order, in writing, any other political action committee using the same, or a deceptively similar, name or acronym to:immediately cease and desist use of the name or acronym; andwithin seven calendar days after the day of the order, electronically file an updated statement of organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).If a political action committee uses a name or acronym other than a name or acronym disclosed in the political action committee’s latest statement of organization:the lieutenant governor shall order, in writing, that the political action committee cease and desist use of the name or acronym; andthe political action committee shall immediately comply with the order described in Subsection (3)(d)(i). 20A-11-601(4) The lieutenant governor may, in addition to any other penalty provided by law, impose a $100 fine against a political action committee, or against an individual who forms a political action committee, that:fails to timely file a complete and accurate statement of organization or subsequent statement of organization; orfails to comply with an order described in Subsection (3).If the lieutenant governor imposes a fine described in Subsection (4)(a)(i):the person against whom the fine is imposed shall, no later than the first business day that is at least seven calendar days after the day on which the lieutenant governor imposes the fine:pay the fine; andfile a complete and accurate statement, or subsequent statement, of organization, as applicable; andthe lieutenant governor shall provide written notice to the person against whom the fine is imposed:of the requirements described in Subsection (4)(b)(i); andthat failure to timely comply with the requirement described in Subsection (4)(b)(i)(B) is a class B misdemeanor.The attorney general, or a political action committee that is harmed by the action of a political action committee in violation of this section, may bring an action for an injunction against the violating political action committee, or an officer of the violating political action committee, to enforce the provisions of this section.A political action committee may bring an action for damages against another political action committee that uses a name or acronym that is the same, or deceptively similar to, the name or acronym of the political action committee bringing the action. 20A-11-601(5) Each political action committee shall designate two officers who have primary decision-making authority for the political action committee.An individual may not exercise primary decision-making authority for a political action committee if the individual is not designated under Subsection (5)(a). 20A-11-601(6) A political action committee shall deposit each contribution received in one or more separate accounts in a financial institution that are dedicated only to that purpose. 20A-11-601(7) A registered political action committee that intends to permanently cease operations shall file a notice of dissolution with the lieutenant governor’s office.A notice of dissolution filed by a political action committee does not exempt the political action committee from complying with the financial reporting requirements described in this chapter in relation to all contributions received, and all expenditures made, before, at, or after dissolution.A political action committee shall, before filing a notice of dissolution, dispose of any money remaining in an account described in Subsection (6) by:returning the money to the donors;donating the money to the campaign account of a candidate or officeholder;donating the money to another political action committee;donating the money to a political party;donating the money to an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; ormaking another lawful expenditure of the money for a political purpose.A political action committee shall report all money donated or expended in a financial report to the lieutenant governor, in accordance with the financial reporting requirements described in this chapter. 20A-11-601(8) Unless the political action committee has filed a notice of dissolution under Subsection (7), a political action committee shall file, with the lieutenant governor’s office, notice of any change of an officer described in Subsection (5)(a).A political action committee may not accept a contribution from a political issues committee, but may donate money to a political issues committee.A political action committee shall:electronically file a notice of a change of a primary officer described in Subsection (5)(a) within 10 calendar days after the day on which the change occurs; andinclude in the notice of change the name and title of the officer being replaced, and the name, address, occupation, and title of the new officer. 20A-11-601(9) A person is guilty of providing false information in relation to a political action committee if the person intentionally or knowingly gives false or misleading material information in a statement of organization or the notice of change of primary officer.Each primary officer designated in Subsection (5)(a) or (8)(c) is guilty of accepting an unlawful contribution if the political action committee knowingly or recklessly accepts a contribution from a corporation that:was organized less than 90 calendar days before the date of the general election; andat the time the political action committee accepts the contribution, has failed to file a statement of organization with the lieutenant governor’s office as required by Section 20A-11-704.A violation of this Subsection (9) is a third degree felony.

20A-11-602 - Political action committees — Financial reporting.

20A-11-602(1) Each registered political action committee that has received contributions totaling at least $750,ordisbursedexpenditurestotalingatleast$750, during a calendar year shall file a verified financial statement with the lieutenant governor’s office:on January 10, reporting contributions and expenditures as of December 31 of the previous year;seven calendar days before the state political convention of each major political party;seven calendar days before the county political convention of a political party, if the political action committee makes an expenditure on or before the day described in Subsection (1)(b)(ii) in relation to a candidate that the party may nominate at the convention;seven calendar days before the regular primary election date;on September 30; andseven calendar days before:the municipal general election; andthe regular general election.The registered political action committee shall report:a detailed listing of all contributions received and expenditures made since the last statement; andfor a financial statement described in Subsections (1)(a)(ii) through (v), all contributions and expenditures as of five calendar days before the required filing date of the financial statement.The registered political action committee need not file a statement under this section if the registered political action committee receives no contributions and makes no expenditures during the reporting period. 20A-11-602(2) The verified financial statement shall include:the name and address of any individual who makes a contribution to the reporting political action committee, if known, and the amount of the contribution;the identification of any publicly identified class of individuals that makes a contribution to the reporting political action committee, if known, and the amount of the contribution;the name and address of any political action committee, group, or entity, if known, that makes a contribution to the reporting political action committee, and the amount of the contribution;for each nonmonetary contribution, the fair market value of the contribution;the name and address of each reporting entity that received an expenditure from the reporting political action committee, and the amount of each expenditure;for each nonmonetary expenditure, the fair market value of the expenditure;the total amount of contributions received and expenditures disbursed by the reporting political action committee;a statement by the political action committee’s treasurer or chief financial officer certifying that, to the best of the person’s knowledge, the financial report is accurate; anda summary page in the form required by the lieutenant governor that identifies:beginning balance;total contributions during the period since the last statement;total contributions to date;total expenditures during the period since the last statement; andtotal expenditures to date.Contributions received by a political action committee that have a value of $50orlessneednotbereportedindividually,butshallbelistedonthereportasanaggregatetotal.Twoormorecontributionsfromthesamesourcethathaveanaggregatetotalofmorethan$50 may not be reported in the aggregate, but shall be reported separately.A political action committee is not required to report an independent expenditure under Part 17, Independent Expenditures, if, in the financial statement described in this section, the political action committee:includes the independent expenditure;identifies the independent expenditure as an independent expenditure; andprovides the information, described in Section 20A-11-1704, in relation to the independent expenditure. 20A-11-602(3) A group or entity may not divide or separate into units, sections, or smaller groups for the purpose of avoiding the financial reporting requirements of this chapter, and substance shall prevail over form in determining the scope or size of a political action committee. 20A-11-602(4) As used in this Subsection (4), “received” means:for a cash contribution, that the cash is given to a political action committee;for a contribution that is a negotiable instrument or check, that the negotiable instrument or check is negotiated; andfor any other type of contribution, that any portion of the contribution’s benefit inures to the political action committee.A political action committee shall report each contribution to the lieutenant governor within 31 calendar days after the contribution is received. 20A-11-602(5) A political action committee may not expend a contribution for political purposes if the contribution:is cash or a negotiable instrument;exceeds $50;andisfromanunknownsource.\ast \ast 20A-11-602(6)\ast \ast Within31calendardaysafterreceivingacontributionthatiscashoranegotiableinstrument,exceeds$50, and is from an unknown source, a political action committee shall disburse the amount of the contribution to:the treasurer of the state or a political subdivision for deposit into the state’s or political subdivision’s general fund; oran organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.

20A-11-603 - Criminal penalties — Fines.

20A-11-603(1) As used in this Subsection (1), “completed” means that:the financial statement accurately and completely details the information required by this part except for inadvertent omissions or insignificant errors or inaccuracies; andthe political action committee corrects the omissions, errors, or inaccuracies described in Subsection (1)(a) in an amended report or the next scheduled report.Each political action committee that fails to file a completed financial statement before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005.Each political action committee that fails to file a completed financial statement described in Subsections 20A-11-602(1)(a)(iv) through (vi) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (1)(c) to the attorney general. 20A-11-603(2) Within 60 calendar days after a deadline for the filing of the January 10 statement required by this part, the lieutenant governor shall review each filed statement to ensure that:each political action committee that is required to file a statement has filed one; andeach statement contains the information required by this part. 20A-11-603(3) If it appears that any political action committee has failed to file the January 10 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor shall, no later than the first business day that is at least five calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the political action committee of the violation or written complaint and direct the political action committee to file a statement correcting the problem. 20A-11-603(4) It is unlawful for any political action committee to fail to file or amend a statement within seven calendar days after the day on which the political action committee receives notice from the lieutenant governor under this section.Each political action committee that violates Subsection (4)(a) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney general.In addition to the criminal penalty described in Subsection (4)(b), the lieutenant governor shall impose a civil fine of $1,000 against a political action committee that violates Subsection (4)(a). 20A-11-603(5) It is unlawful for a person to fail to file a complete and accurate statement of organization, or a complete and accurate subsequent statement of organization, within seven calendar days after the day on which the person receives the notice described in Subsection 20A-11-601(4)(b)(ii).A violation of Subsection (5)(a) is a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (5)(a) to the attorney general.

Campaign Financial Reporting by Corporations

20A-11-701.1 - Definitions.

As used in this part, “political purposes” means an act done with the intent or in a way to influence or tend to influence, directly or indirectly: 20A-11-701.1(1) any person to refrain from voting or to vote for or against any:

candidate or a person seeking a municipal or county office at any caucus, political convention, or election; judge standing for retention at any election; ballot proposition; or incorporation election; or 20A-11-701.1(2) any person to sign, refrain from signing, remove the person’s signature from, or refrain from removing the person’s signature from, a petition for a ballot proposition or an incorporation petition.

20A-11-701.5 - Campaign financial reporting by corporations — Filing requirements — Statement contents.

20A-11-701.5(1) Each corporation that has made expenditures for political purposes that total at least $750duringacalendaryearshallfileaverifiedfinancialstatementwiththelieutenantgoverno{r}^{\prime }soffice:onJanuary10,reportingexpendituresasofDecember31ofthepreviousyear;sevencalendardaysbeforethestatepoliticalconventionforeachmajorpoliticalparty;sevencalendardaysbeforetheregularprimaryelectiondate;onSeptember30;andsevencalendardaysbeforetheregulargeneralelectiondate.Thecorporationshallreport:adetailedlistingofallexpendituresmadesincethelastfinancialstatement;forafinancialstatementdescribedinSubsections(1)(a)(ii)through(v),allexpendituresasoffivecalendardaysbeforetherequiredfilingdateofthefinancialstatement;andwhetherthecorporation,includinganofficerofthecorporation,directorofthecorporation,orpersonwithatleast10$100,000;is currently bidding on a contract, as defined in Section 63G-6a-103, in excess of $100,000;orisapartytoacontract,asdefinedinSection63G-6a-103,inexcessof$100,000.The corporation need not file a financial statement under this section if the corporation made no expenditures during the reporting period.The corporation is not required to report an expenditure made to, or on behalf of, a reporting entity that the reporting entity is required to include in a financial statement described in this chapter, Chapter 12, Part 2, Judicial Retention Elections, Section 10-3-208, or Section 17-70-403. 20A-11-701.5(2) The financial statement shall include:the name and address of each reporting entity that received an expenditure from the corporation, and the amount of each expenditure;the total amount of expenditures disbursed by the corporation; anda statement by the corporation’s treasurer or chief financial officer certifying the accuracy of the financial statement.

20A-11-702 - Campaign financial reporting of political issues expenditures by corporations — Financial reporting.

20A-11-702(1) Each corporation that has made political issues expenditures on current or proposed ballot issues that total at least $750duringacalendaryearshallfileaverifiedfinancialstatementwiththelieutenantgoverno{r}^{\prime }soffice:onJanuary10,reportingexpendituresasofDecember31ofthepreviousyear;sevencalendardaysbeforethestatepoliticalconventionofeachmajorpoliticalparty;sevencalendardaysbeforetheregularprimaryelectiondate;onSeptember30;andsevencalendardaysbeforetheregulargeneralelectiondate.Thecorporationshallreport:adetailedlistingofallexpendituresmadesincethelastfinancialstatement;andforafinancialstatementdescribedinSubsections(1)(a)(ii)through(v),expendituresasoffivecalendardaysbeforetherequiredfilingdateofthefinancialstatement.Thecorporationneednotfileastatementunderthissectionifitmadenoexpendituresduringthereportingperiod.\ast \ast 20A-11-702(2)\ast \ast Thatstatementshallinclude:thenameandaddressofeachindividual,entity,orgroupofindividualsorentitiesthatreceivedapoliticalissuesexpenditureofmorethan$50 from the corporation, and the amount of each political issues expenditure;the total amount of political issues expenditures disbursed by the corporation; anda statement by the corporation’s treasurer or chief financial officer certifying the accuracy of the verified financial statement.

20A-11-703 - Criminal penalties — Fines.

20A-11-703(1) Within 60 calendar days after a deadline for the filing of any statement required by this part, the lieutenant governor shall review each filed statement to ensure that:each corporation that is required to file a statement has filed one; andeach statement contains the information required by this part. 20A-11-703(2) If it appears that any corporation has failed to file any statement, if it appears that a filed statement does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor shall:impose a fine against the corporation in accordance with Section 20A-11-1005; andwithin five days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the corporation of the violation or written complaint and direct the corporation to file a statement correcting the problem. 20A-11-703(3) It is unlawful for any corporation to fail to file or amend a statement within seven calendar days after receiving notice from the lieutenant governor under this section.Each corporation that violates Subsection (3)(a) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (3)(a) to the attorney general.In addition to the criminal penalty described in Subsection (3)(b), the lieutenant governor shall impose a civil fine of $1,000 against a corporation that violates Subsection (3)(a).

20A-11-704 - Statement of organization required for certain new corporations.

20A-11-704(1) A corporation that is incorporated, organized, or otherwise created less than 90 calendar days before the date of a general election shall file a statement of organization with the lieutenant governor’s office before making a contribution to a political action committee or a political issues committee in association with the election. 20A-11-704(2) The statement of organization shall include:the name and street address of the corporation;the name, street address, phone number, occupation, and title of one or more individuals that have primary decision-making authority for the corporation;the name, street address, phone number, occupation, and title of the corporation’s chief financial officer;the name, street address, occupation, and title of all other officers or managers of the corporation; andthe name, street address, and occupation of each member of the corporation’s governing and advisory boards, if any. 20A-11-704(3) A corporation shall file with the lieutenant governor’s office a notice of intent to cease making contributions, if the corporation:has made a contribution described in Subsection (1); andintends to permanently cease making contributions described in Subsection (1).A notice filed under Subsection (3)(a) does not exempt the corporation from complying with the financial reporting requirements described in this chapter.

20A-11-705 - Notice of in-kind contributions.

20A-11-705(1) A corporation that makes an in-kind contribution to a reporting entity shall, in accordance with Subsection (2), provide the reporting entity a written notice that includes:the name and address of the corporation;the date of the in-kind expenditure;a description of the in-kind expenditure; andthe value, in dollars, of the in-kind expenditure. 20A-11-705(2) A corporation shall provide the written notice described in Subsection (1) to the reporting entity:except as provided in Subsection (2)(b), within 31 calendar days after the day on which the corporation makes the in-kind contribution; orwithin seven business days after the day on which the corporation makes the in-kind contribution, if:the in-kind contribution is to a candidate who is contested in a convention and the corporation makes the in-kind contribution within 30 calendar days before the day on which the convention is held;the in-kind contribution is to a candidate who is contested in a primary election and the corporation makes the in-kind contribution within 30 calendar days before the day on which the primary election is held; orthe in-kind contribution is to a candidate who is contested in a general election and the corporation makes the in-kind contribution within 30 calendar days before the day on which the general election is held. 20A-11-705(3) A corporation that provides, and a reporting entity that receives, the written notice described in Subsection (1) shall retain a copy of the notice for five years after the day on which the written notice is provided to the reporting entity. 20A-11-705(4) A corporation or reporting entity that fails to comply with the requirements of this section is guilty of a class B misdemeanor. 20A-11-705(5) A person that intentionally or knowingly provides, or conspires to provide, false information on a written notice described in this section is guilty of a class B misdemeanor.

Political Issues Committees - Registration and Financial Reporting

20A-11-801 - Political issues committees — Registration — Criminal penalty for providing false information or accepting unlawful contribution.

20A-11-801(1) Unless the political issues committee has filed a notice of dissolution under Subsection (4), each political issues committee shall file a statement of organization with the lieutenant governor’s office:before 5 p.m. on January 10 of each year; orelectronically, before midnight on January 10 of each year.If a political issues committee is organized after the filing deadline described in Subsection (1)(a), the political issues committee shall file an initial statement of organization no later than 5 p.m. on the first business day that is at least seven calendar days after the day on which the political issues committee:receives political issues contributions totaling at least $750;ordistributespoliticalissuesexpenditurestotalingatleast$750.Each political issues committee shall deposit each contribution received into one or more separate accounts in a financial institution that are dedicated only to that purpose. 20A-11-801(2) Each political issues committee shall designate two officers that have primary decision-making authority for the political issues committee.An individual may not exercise primary decision-making authority for a political issues committee if the individual is not designated under Subsection (2)(a). 20A-11-801(3) The statement of organization shall include:the name and address of the political issues committee;the name, address, phone number, occupation, and title of the two primary officers designated under Subsection (2);the name, address, occupation, and title of all other officers of the political issues committee;the name and address of the organization, individual, corporation, association, unit of government, or union that the political issues committee represents, if any;the name and address of all affiliated or connected organizations and their relationships to the political issues committee;the name, residential address, business address, occupation, and phone number of the committee’s treasurer or chief financial officer;the name, address, and occupation of each member of the supervisory and advisory boards, if any; andthe ballot proposition whose outcome they wish to affect, and whether they support or oppose it. 20A-11-801(4) A registered political issues committee that intends to permanently cease operations during a calendar year shall:dispose of all remaining funds by returning the funds to donors or donating the funds to an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; andafter complying with Subsection (4)(a)(i), file a notice of dissolution with the lieutenant governor’s office.A political issues committee may not donate money to a political action committee, but may accept a contribution from a political action committee.Any notice of dissolution filed by a political issues committee does not exempt that political issues committee from complying with the financial reporting requirements of this chapter in relation to all contributions received, and all expenditures made, before, at, or after dissolution.A political issues committee shall report all money donated or expended under Subsection (4)(a) in a financial report to the lieutenant governor, in accordance with the financial reporting requirements described in this chapter. 20A-11-801(5) Unless the political issues committee has filed a notice of dissolution under Subsection (4), a political issues committee shall file, with the lieutenant governor’s office, notice of any change of an officer described in Subsection (2).A political issues committee shall:electronically file a notice of a change of a primary officer described in Subsection (2)(a) within 10 calendar days after the day on which the change occurs; andinclude in the notice of change the name and title of the officer being replaced and the name, address, occupation, and title of the new officer. 20A-11-801(6) A person is guilty of providing false information in relation to a political issues committee if the person intentionally or knowingly gives false or misleading material information in the statement of organization or the notice of change of primary officer.Each primary officer designated in Subsection (2)(a) or (5)(b) is guilty of accepting an unlawful contribution if the political issues committee knowingly or recklessly accepts a contribution from a corporation that:was organized less than 90 calendar days before the date of the general election; andat the time the political issues committee accepts the contribution, has failed to file a statement of organization with the lieutenant governor’s office as required by Section 20A-11-704.A violation of this Subsection (6) is a third degree felony. 20A-11-801(7) As used in this Subsection (7), “received” means:for a cash contribution, that the cash is given to a political issues committee;for a contribution that is a negotiable instrument or check, that the negotiable instrument or check is negotiated; andfor any other type of contribution, that any portion of the contribution’s benefit inures to the political issues committee.Each political issues committee shall report to the lieutenant governor each contribution received by the political issues committee within seven business days after the day on which the contribution is received if the contribution is received within 30 calendar days before the last day on which the sponsors of the initiative or referendum described in Subsection 20A-11-801(3)(h) may submit signatures to qualify the initiative or referendum for the ballot.For each contribution that a political issues committee fails to report within the period described in Subsection (7)(b), the lieutenant governor shall impose a fine against the political issues committee in an amount equal to:10% of the amount of the contribution, if the political issues committee reports the contribution within 60 calendar days after the last day on which the political issues committee should have reported the contribution under Subsection (7)(b); or20% of the amount of the contribution, if the political issues committee fails to report the contribution within 60 calendar days after the last day on which the political issues committee should have reported the contribution under Subsection (7)(b).The lieutenant governor shall:deposit money received under Subsection (7)(c) into the General Fund; andreport on the lieutenant governor’s website, in the location where reports relating to each political issues committee are available for public access:each fine imposed by the lieutenant governor against the political issues committee;the amount of the fine;the amount of the contribution to which the fine relates; andthe date of the contribution.

20A-11-802 - Political issues committees — Financial reporting.

20A-11-802(1) Each registered political issues committee that has received political issues contributions totaling at least $750,ordisbursedpoliticalissuesexpenditurestotalingatleast$750, during a calendar year, shall file a verified financial statement with the lieutenant governor’s office:on January 10, reporting contributions and expenditures as of December 31 of the previous year;seven calendar days before the state political convention of each major political party;seven calendar days before the regular primary election date;seven calendar days before the date of an incorporation election, if the political issues committee has received or expended funds to affect an incorporation;at least three calendar days before the first public hearing held as required by Section 20A-7-204.1;if the political issues committee has received or expended funds in relation to an initiative or referendum, five calendar days before the deadline for the initiative or referendum sponsors to submit:the verified and certified initiative packets under Section 20A-7-105; orthe signed and verified referendum packets under Section 20A-7-105;on September 30; andseven calendar days before:the municipal general election; andthe regular general election.The political issues committee shall report:a detailed listing of all contributions received and expenditures made since the last statement; andall contributions and expenditures as of five calendar days before the required filing date of the financial statement, except for a financial statement filed on January 10.The political issues committee need not file a statement under this section if it received no contributions and made no expenditures during the reporting period. 20A-11-802(2) That statement shall include:the name and address, if known, of any individual who makes a political issues contribution to the reporting political issues committee, and the amount of the political issues contribution;the identification of any publicly identified class of individuals that makes a political issues contribution to the reporting political issues committee, and the amount of the political issues contribution;the name and address, if known, of any political issues committee, group, or entity that makes a political issues contribution to the reporting political issues committee, and the amount of the political issues contribution;the name and address of each reporting entity that makes a political issues contribution to the reporting political issues committee, and the amount of the political issues contribution;for each nonmonetary contribution, the fair market value of the contribution;except as provided in Subsection (2)(c), the name and address of each individual, entity, or group of individuals or entities that received a political issues expenditure of more than $50fromthereportingpoliticalissuescommittee,andtheamountofeachpoliticalissuesexpenditure;foreachnonmonetaryexpenditure,thefairmarketvalueoftheexpenditure;thetotalamountofpoliticalissuescontributionsreceivedandpoliticalissuesexpendituresdisbursedbythereportingpoliticalissuescommittee;astatementbythepoliticalissuescommitte{e}^{\prime }streasurerorchieffinancialofficercertifyingthat,tothebestoftheperso{n}^{\prime }sknowledge,thefinancialstatementisaccurate;andasummarypageintheformrequiredbythelieutenantgovernorthatidentifies:beginningbalance;totalcontributionsduringtheperiodsincethelaststatement;totalcontributionstodate;totalexpendituresduringtheperiodsincethelaststatement;andtotalexpenditurestodate.Politicalissuescontributionsreceivedbyapoliticalissuescommitteethathaveavalueof$50 or less need not be reported individually, but shall be listed on the report as an aggregate total.Two or more political issues contributions from the same source that have an aggregate total of more than $50maynotbereportedintheaggregate,butshallbereportedseparately.Whenreportingpoliticalissueexpendituresmadetocirculatorsofinitiativepetitions,thepoliticalissuescommittee:needonlyreporttheamountpaidtoeachinitiativepetitioncirculator;andneednotreportthenameoraddressofthecirculator.\ast \ast 20A-11-802(3)\ast \ast AsusedinthisSubsection(3),"received"means:foracashcontribution,thatthecashisgiventoapoliticalissuescommittee;foracontributionthatisanegotiableinstrumentorcheck,thatthenegotiableinstrumentorcheckisnegotiated;andforanyothertypeofcontribution,thatanyportionofthecontributio{n}^{\prime }sbenefitinurestothepoliticalissuescommittee.Apoliticalissuescommitteeshallreporteachcontributiontothelieutenantgovernorwithin31calendardaysafterthecontributionisreceived.\ast \ast 20A-11-802(4)\ast \ast Apoliticalissuescommitteemaynotexpendacontributionforapoliticalissuesexpenditureifthecontribution:iscashoranegotiableinstrument;exceeds$50; andis from an unknown source. 20A-11-802(5) Within 31 calendar days after receiving a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, a political issues committee shall disburse the amount of the contribution to:the treasurer of the state or a political subdivision for deposit into the state’s or political subdivision’s general fund; oran organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.

20A-11-803 - Criminal penalties — Fines.

20A-11-803(1) As used in this Subsection (1), “completed” means that:the financial statement accurately and completely details the information required by this part except for inadvertent omissions or insignificant errors or inaccuracies; andthe political issues committee corrects the omissions, errors, or inaccuracies described in Subsection (1)(a) in an amended report or the next scheduled report.Each political issues committee that fails to file a completed financial statement before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005.Each political issues committee that fails to file a completed financial statement described in Subsection 20A-11-802(1)(a)(vii) or (viii) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (1)(c) to the attorney general. 20A-11-803(2) Within 60 calendar days after a deadline for the filing of the January 10 statement, the lieutenant governor shall review each filed statement to ensure that:each political issues committee that is required to file a statement has filed one; andeach statement contains the information required by this part. 20A-11-803(3) If it appears that any political issues committee has failed to file the January 10 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor shall, no later than the first business day that is at least five calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the political issues committee of the violation or written complaint and direct the political issues committee to file a statement correcting the problem. 20A-11-803(4) It is unlawful for any political issues committee to fail to file or amend a statement within seven calendar days after the day on which the political issues committee receives notice from the lieutenant governor under this section.Each political issues committee that violates Subsection (4)(a) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney general.In addition to the criminal penalty described in Subsection (4)(b), the lieutenant governor shall impose a civil fine of $1,000 against a political issues committee that violates Subsection (4)(a).

General Requirements Governing Campaign Expenditures

20A-11-901 - Political advertisements — Requirement that ads designate responsibility and authorization — Report to lieutenant governor — Unauthorized use of endorsements.

20A-11-901(1) Whenever any person makes an expenditure for the purpose of financing an advertisement expressly advocating for the election or defeat of a clearly identified candidate, or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, the advertisement: if paid for and authorized by a candidate or the candidate’s campaign committee, shall clearly state that the advertisement has been paid for by the candidate or the campaign committee; if paid for by another person but authorized by a candidate or the candidate’s campaign committee, shall clearly state who paid for the advertisement and that the candidate or the campaign committee authorized the advertisement; or if not authorized by a candidate or a candidate’s campaign committee, shall clearly state the name of the person who paid for the advertisement and state that the advertisement is not authorized by any candidate or candidate’s committee. 20A-11-901(2) A person that makes an expenditure for the purpose of financing an advertisement related to a ballot proposition shall ensure that the advertisement complies with Subsection (2)(b) if the advertisement expressly advocates: for placing a ballot proposition on the ballot; for keeping a ballot proposition off the ballot; that a voter refrain from voting on a ballot proposition; or that a voter vote for or against a ballot proposition. An advertisement described in Subsection (2)(a) shall: if paid for by a political issues committee, clearly state that the advertisement was paid for by the political issues committee; if paid for by another person but authorized by a political issues committee, clearly state who paid for the advertisement and that the political issues committee authorized the advertisement; or if not authorized by a political issues committee, clearly state the name of the person who paid for the advertisement and state that the advertisement is not authorized by any political issues committee. 20A-11-901(3) The requirements of Subsections (1) and (2) do not apply to:

lawn signs with dimensions of four by eight feet or smaller; bumper stickers; campaign pins, buttons, and pens; or similar small items upon which the disclaimer cannot be conveniently printed. 20A-11-901(4) A person who is not a reporting entity and pays for an electioneering communication shall file a report with the lieutenant governor within 24 hours of making the payment or entering into a contract to make the payment. The report shall include: the name and address of the person described in Subsection (4)(a); the name and address of each person contributing at least $100 to the person described in Subsection (4)(a) for the purpose of disseminating the electioneering communication; the amount spent on the electioneering communication; the name of the identified referenced candidate; and the medium used to disseminate the electioneering communication. 20A-11-901(5) A person may not, in order to promote the success of any candidate for nomination or election to any public office, or in connection with any question submitted to the voters, include or cause to be included the name of any person as endorser or supporter in any political advertisement, circular, poster, or publication without the express consent of that person. 20A-11-901(6) It is unlawful for a person to pay the owner, editor, publisher, or agent of any newspaper or other periodical to induce the owner, editor, publisher, or agent to advocate or oppose editorially any candidate for nomination or election. It is unlawful for any owner, editor, publisher, or agent to accept any payment to advocate or oppose editorially any candidate for nomination or election.

20A-11-903 - Rate of charge.

Any person or persons accepting expenditures from a candidate or a personal campaign committee shall provide services and furnish goods, materials, or things of value at a rate that does not exceed the charges made for comparable use to any other person considering amount of use, frequency of use, and applicable discounts.

20A-11-904 - Contribution given in another’s name prohibited.

A person may not: 20A-11-904(1) make a contribution in the name of another; 20A-11-904(2) knowingly permit another to make a contribution in the person’s name; or 20A-11-904(3) knowingly accept a contribution made by one person in the name of another.

20A-11-905 - Election polls — Disclosure required.

20A-11-905(1) A person who conducts a poll shall disclose to the person being surveyed who paid for the poll before or at the conclusion of the poll. 20A-11-905(2) The lieutenant governor shall:

impose a $100 fine on a person who fails to make the disclosure required under Subsection (1); and deposit the fine described in Subsection (2)(a) in the General Fund. 20A-11-905(3) A person does not violate Subsection (1) if the person is prevented from making the disclosure at the conclusion of the poll, because the person being surveyed terminates the survey before the survey is completed.

Administration of Campaign Finance Laws - Chief Election Officer’s and Lieutenant Governor’s Responsibilities

20A-11-1001 - Electronic form prepared by chief election officer.

The chief election officer shall: 20A-11-1001(1) develop and prepare an electronic form for all financial statements required by this chapter and Chapter 12, Part 2, Judicial Retention Elections; and 20A-11-1001(2) provide access to the electronic form to the secretary of every committee, to every candidate, and to all others who request a form.

20A-11-1002 - Retention and public inspection of financial statements — Written complaint if statement is false or unlawful.

20A-11-1002(1) The chief election officer shall:

make each financial statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections: open to public inspection in the office of the chief election officer; and available for viewing on the Internet in accordance with Section 20A-11-103; preserve those statements for at least five years; and provide certified copies of the financial statements in the same manner as for other public records. 20A-11-1002(2) Any candidate or voter may file a written complaint with the chief election officer alleging that a filed financial statement does not conform to law or to the truth.

20A-11-1004 - Summary of financial reports of political action committees and corporations.

20A-11-1004(1) The lieutenant governor’s office shall prepare a summary of each financial report submitted by each corporation, political action committee, and political issues committee. 20A-11-1004(2) Each summary shall include the following information:

for each candidate: the name of each political action committee and corporation that made expenditures to the candidate; and the aggregate total of expenditures made by each political action committee and corporation to the candidate; for each political action committee: the name of each individual or organization listed on the financial report that made contributions to the political action committee and the aggregate total of contributions made by each individual or organization listed on the financial report to the political action committee; and the name of each candidate, personal campaign committee, and political action committee that received expenditures from a political action committee and the aggregate total of expenditures made to each candidate, personal campaign committee, and political action committee; for each corporation: the name of each candidate, personal campaign committee, and political action committee that received expenditures from the corporation, and the aggregate total of expenditures made by the corporation to each candidate, personal campaign committee, and political action committee; and the name of each individual, entity, or group of individuals or entities that received disbursements from the corporation, and the aggregate total of disbursements made by the corporation to each individual, entity, or group of individuals or entities; for each political issues committee: the name of each individual or organization listed on the financial report that made political issues contributions to the political issues committee and the aggregate total of political issues contributions made by each individual or organization listed on the financial report to the political issues committee; and the name of each individual, entity, or group of individuals or entities that received political issues expenditures from a political issues committee and the aggregate total of political issues expenditures made to each individual, entity, or group of individuals or entities.

20A-11-1005 - Fines for failing to file a financial statement.

20A-11-1005(1) Except as provided in Subsection 20A-11-512(4), the chief election officer shall fine a filing entity $100 for failing to file a financial statement by the filing deadline. 20A-11-1005(2) If a filing entity is unable to pay the fine or files an affidavit of impecuniosity in a manner similar to Subsection 20A-9-201(8)(d), the chief election officer shall impose the fine against the candidate or treasurer, as appropriate. 20A-11-1005(3) The chief election officer shall deposit fines collected under this chapter in the General Fund.

Media Prohibitions

20A-11-1102 - Paid advertisements permitted.

20A-11-1102(1) Except as provided in Subsection (3), an owner, publisher, editor, reporter, agent, or employee of any newspaper or other periodical may not, directly or indirectly, solicit, receive, or accept any payment, promise, or compensation for influencing or attempting to influence any voting at any election or primary by means of any printed matter in that newspaper or periodical or through any means whatsoever. 20A-11-1102(2) Except as provided in Subsection (3), a person may not pay, promise to pay, or in any manner compensate any owner, publisher, editor, reporter, agent, or employee of a newspaper or other periodical, directly or indirectly, for influencing or attempting to influence any voting at any election or primary by means of any printed matter in that newspaper or periodical or through any means whatsoever. 20A-11-1102(3) The prohibitions contained in this section do not apply if:

the matter is inserted in the newspaper or periodical as a paid advertisement; the matter is designated as a “paid advertisement” in the copy of the advertisement; and the compensation paid to the newspaper or periodical for inserting the paid advertisement is not more than the regular rate charged by the newspaper or periodical for that service.

20A-11-1103 - False statements in relation to candidates forbidden.

A person may not knowingly make or publish, or cause to be made or published, any false statement in relation to any candidate, proposed constitutional amendment, or other measure, that is intended or tends to affect any voting at any primary, convention, or election.

20A-11-1104 - Disclosure of synthetic media.

20A-11-1104(1) As used in this section:“Artificial intelligence” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.”Creator” means a person that uses artificial intelligence to generate synthetic media.”Creator” does not include a person that solely provides the technology used in the creation of the synthetic media.”Digital content provenance” means purely factual information that:details a digital resource’s creator, origin, context, history, and editing process; andconforms to an open industry technical standard.”Generative artificial intelligence” means artificial intelligence technology that is capable of creating content such as text, audio, image, or video based on patterns learned from large volumes of data rather than being explicitly programmed with rules.”Sponsor” means a person that pays for the content that uses artificial intelligence to generate synthetic media.”Synthetic audio media” means audio content that was substantially produced by generative artificial intelligence.”Synthetic visual media” means an image or video that was substantially produced by generative artificial intelligence. 20A-11-1104(2) This section applies to an audio or visual communication that:is paid for by a candidate campaign committee, political action committee, political issues committee, political party, or a person using a contribution;is intended to influence voting for or against a candidate or ballot proposition in an election or primary in the state; andcontains synthetic media. 20A-11-1104(3) An audio communication described in Subsection (2) that contains synthetic audio media shall include audibly at the beginning and end of the communication the words, “Contains content generated by AI.” 20A-11-1104(4) A visual communication described in Subsection (2) that contains synthetic media shall display throughout the duration of each portion of the communication containing synthetic media, in legible writing, the words:“This video content generated by AI,” if the content is a video that includes synthetic visual media but not synthetic audio media;“This image generated by AI,” if the content is an image that includes synthetic visual media but not synthetic audio media;“This audio content generated by AI,” if the video includes synthetic audio media but not synthetic visual media; or”This content generated by AI,” if the communication includes both synthetic audio media and synthetic visual media. 20A-11-1104(5) In addition to the requirements in Subsections (3) and (4), a creator or sponsor who publishes an online digital audio or visual communication described in Subsection (2) that is viewable, audible, or accessible in the state shall ensure the advertisement carries embedded tamper-evident digital content provenance that discloses:the initial author and creator of the content;any subsequent entities that edited, altered, or otherwise modified the content; andany use of generative artificial intelligence in generating or modifying the substantive content. 20A-11-1104(6) In a civil action brought against the creator or the sponsor of content that includes synthetic media by a person to enforce this section, the court may impose a civil penalty not to exceed $1,000 against a person for each violation of this section that the court finds a person has committed.Compliance with this section does not exempt a person from civil or criminal liability for violations of other applicable law.

Political Activities of Public Entities Act

20A-11-1201 - Title.

This part is known as the “Political Activities of Public Entities Act.”

20A-11-1202 - Definitions.

As used in this part: 20A-11-1202(1) “Applicable election officer” means:a county clerk, if the email relates only to a local election; orthe lieutenant governor, if the email relates to an election other than a local election. 20A-11-1202(2) “Ballot proposition” means constitutional amendments, initiatives, referenda, judicial retention questions, opinion questions, bond approvals, or other questions submitted to the voters for their approval or rejection. 20A-11-1202(3) “Billboard” means a freestanding outdoor sign used for advertising to, or communicating with, the general public. 20A-11-1202(4) “Campaign contribution” means any of the following when done for a political purpose or to advocate for or against a ballot proposition:a gift, subscription, donation, loan, advance, deposit of money, or anything of value given to a filing entity;an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything of value to a filing entity;any transfer of funds from another reporting entity to a filing entity;compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;remuneration from:any organization or the organization’s directly affiliated organization that has a registered lobbyist; orany agency or subdivision of the state, including a school district; oran in-kind contribution. 20A-11-1202(5) “Commercial interlocal cooperation agency” means an interlocal cooperation agency that receives its revenues from conduct of its commercial operations.”Commercial interlocal cooperation agency” does not mean an interlocal cooperation agency that receives some or all of its revenues from:government appropriations;taxes;government fees imposed for regulatory or revenue raising purposes; orinterest earned on public funds or other returns on investment of public funds. 20A-11-1202(6) “Expenditure” means:a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;a transfer of funds between a public entity and a candidate’s personal campaign committee;a transfer of funds between a public entity and a political issues committee; orgoods or services provided to or for the benefit of a candidate, a candidate’s personal campaign committee, or a political issues committee for political purposes at less than fair market value. 20A-11-1202(7) “Filing entity” means the same as that term is defined in Section 20A-11-101. 20A-11-1202(8) “Governmental interlocal cooperation agency” means an interlocal cooperation agency that receives some or all of its revenues from:government appropriations;taxes;government fees imposed for regulatory or revenue raising purposes; orinterest earned on public funds or other returns on investment of public funds. 20A-11-1202(9) “Influence” means to campaign or advocate for or against a ballot proposition. 20A-11-1202(10) “Interlocal cooperation agency” means an entity created by interlocal agreement under the authority of Title 11, Chapter 13, Interlocal Cooperation Act. 20A-11-1202(11) “Mass communication” means any printed communication that:contains identical or substantially similar content; andis mailed to more than 500 recipients in a calendar year, regardless of whether the mailing occurs simultaneously or at different times during the calendar year. 20A-11-1202(12) “Political purposes” means an act done with the intent or in a way to influence or intend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:candidate for public office at any caucus, political convention, primary, or election; orjudge standing for retention at any election. 20A-11-1202(13) “Proposed initiative” means an initiative proposed in an application filed under Section 20A-7-202 or 20A-7-502. 20A-11-1202(14) “Proposed referendum” means a referendum proposed in an application filed under Section 20A-7-302 or 20A-7-602. 20A-11-1202(15) “Public entity” includes the state, each state agency, each county, municipality, school district, special district, governmental interlocal cooperation agency, and each administrative subunit of each of them.”Public entity” does not include a commercial interlocal cooperation agency.”Public entity” includes local health departments created under Title 26A, Local Health Authorities. 20A-11-1202(16) “Public funds” means any money received by a public entity from appropriations, taxes, fees, interest, or other returns on investment.”Public funds” does not include money donated to a public entity by a person or entity. 20A-11-1202(17) “Public official” means an elected or appointed member of government with authority to make or determine public policy.”Public official” includes the person or group that:has supervisory authority over the personnel and affairs of a public entity; andapproves the expenditure of funds for the public entity. 20A-11-1202(18) “Reporting entity” means the same as that term is defined in Section 20A-11-101. 20A-11-1202(19) “Special district” means an entity under Title 17B, Limited Purpose Local Government Entities - Special Districts.”Special district” includes a special service district under Title 17D, Chapter 1, Special Service District Act. 20A-11-1202(20) “State agency” means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.”State agency” includes the legislative branch, the Utah Board of Higher Education, each institution of higher education board of trustees, and each higher education institution.

20A-11-1203 - Public entity prohibited from expending public funds on certain electoral matters.

20A-11-1203(1) Unless specifically required by law, and except as provided in Subsection (5) or Section 20A-11-1206, a public entity may not:make an expenditure from public funds for political purposes, to influence a ballot proposition, or to influence a proposed initiative or proposed referendum; orpublish on the public entity’s website an argument for or against a ballot proposition, a proposed initiative, or a proposed referendum. 20A-11-1203(2) A violation of this section does not invalidate an otherwise valid election. 20A-11-1203(3) This section does not prohibit the reasonable expenditure of public funds to gather information for, and respond directly to, an individual who makes an inquiry regarding a ballot proposition, a proposed initiative, or a proposed referendum. 20A-11-1203(4) This section does not prohibit:a public entity from conducting research, or collecting and compiling information or arguments in relation to, a ballot proposition, a proposed initiative, or a proposed referendum;an elected or appointed official of the public entity described in Subsection (4)(a) from using the research, information, or arguments described in Subsection (4)(a) for the purpose of advocating for or against a ballot proposition, proposed initiative, or proposed referendum via a website, or another medium, not owned or controlled by the public entity;a public entity from posting on the public entity’s website a link to another website, with a brief description, that is not owned or controlled by a public entity, or from publishing in any medium owned, controlled, or paid for by a public entity a website address, with a brief description, where an individual may view research, information, and arguments for or against a ballot proposition, proposed initiative, or proposed referendum if the public entity:before posting the link or publishing the address, provides at least seven calendar days written notice to the sponsors of the ballot proposition, proposed initiative, or proposed referendum:of the public entity’s intent to post the link or publish the address;a description of each medium in which the public entity intends to post the link or publish the address; andthe dates of the publication or posting; andposts, immediately adjacent to the link or address, and brief description described in Subsection (4)(c)(i), a link to, or an address for, a website, with a brief description, containing the sponsors’ research, information, and arguments for or against the ballot proposition, proposed initiative, or proposed referendum, if the sponsors provide a link or address within seven calendar days after the day on which the sponsors receive the notice described in Subsection (4)(c)(i); ora public entity from posting on the public entity’s website, or any medium, a complete copy of a proposition information pamphlet described in Section 20A-7-401.5 or a voter information pamphlet. 20A-11-1203(5) Subsection (1) does not prohibit a public entity from taking an action under Title 53G, Chapter 3, Part 3, Creating a New School District, that is necessary for the public entity to seek the creation of a new school district.

20A-11-1203.5 - Public official prohibited from expending public funds on certain communications.

20A-11-1203.5(1) Except as provided in Subsection (2), a public official may not make an expenditure from public funds for a billboard or mass communication that:includes a photograph, image, or likeness of the public official; orcontains the name of the public official in a font size that is larger than any other font size on the billboard or mass communication; andis posted, displayed, or mailed less than 60 calendar days before the date of any caucus, political convention, or election at which the public official is a candidate for elective office. 20A-11-1203.5(2) A public official may make an expenditure from public funds for a mass communication described in Subsection (1) if:the mass communication is mailed to a person in response to that person making an inquiry of the public official;the mass communication is sent to another public official;the mass communication is a news release sent to a news media organization; orthe public official is legally required to mail the mass communication.

20A-11-1204 - Criminal penalty.

Each public official who violates Section 20A-11-1203 is guilty of a class B misdemeanor.

20A-11-1205 - Use of public email for a political purpose.

20A-11-1205(1) Except as provided in Subsection (5), a person may not send an email using the email of a public entity:for a political purpose;to advocate for or against a proposed initiative, initiative, proposed referendum, referendum, a proposed bond, a bond, or any ballot proposition; orto solicit a campaign contribution. 20A-11-1205(2) The lieutenant governor shall, after giving the person and the complainant notice and an opportunity to be heard, impose a civil fine against a person who violates Subsection (1) as follows:up to $250forafirstviolation;andexceptasprovidedinSubsection(3),foreachsubsequentviolationcommittedafterthelieutenantgovernorimposesafineagainstthepersonforafirstviolation,$1,000 multiplied by the number of violations committed by the person.A person may, within 30 days after the day on which the lieutenant governor imposes a fine against the person under this Subsection (2), appeal the fine to a district court. 20A-11-1205(3) The lieutenant governor shall consider a violation of this section as a first violation if the violation is committed more than seven years after the day on which the person last committed a violation of this section. 20A-11-1205(4) For purposes of this section, one violation means one act of sending an email, regardless of the number of recipients of the email. 20A-11-1205(5) A person does not violate this section if:the lieutenant governor finds that the email described in Subsection (1) was inadvertently sent by the person using the email of a public entity;the person is directly providing information solely to another person or a group of people in response to a question asked by the other person or group of people;the information the person emails is an argument or rebuttal argument prepared under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing argument and rebuttal argument that:relates to the same proposed initiative, initiative, proposed referendum, or referendum; andcomplies with the requirements of Section 20A-7-401.5 or 20A-7-402; orthe person is engaging in:an internal communication solely within the public entity;a communication solely with another public entity;a communication solely with legal counsel;a communication solely with the sponsors of an initiative or referendum;a communication solely with a land developer for a project permitted by a local land use law that is challenged by a proposed referendum or a referendum; ora communication solely with a person involved in a business transaction directly relating to a project described in Subsection (5)(d)(v). 20A-11-1205(6) A violation of this section does not invalidate an otherwise valid election. 20A-11-1205(7) An email sent in violation of Subsection (1), as determined by the records officer, constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, notwithstanding any applicability of Subsection 63G-2-103(26)(b)(i).

20A-11-1206 - Exclusions.

20A-11-1206(1) Nothing in this chapter prohibits a public official from speaking, campaigning, contributing personal money, or otherwise exercising the public official’s individual First Amendment rights for political purposes. 20A-11-1206(2) Subject to Subsection (2)(b), nothing in this chapter prohibits a public entity from providing factual information about a ballot proposition to the public, so long as the information grants equal access to both the opponents and proponents of the ballot proposition. A county or municipality may not provide any information to the public about a proposed initiative, initiative, proposed referendum, or referendum unless the county or municipality: provides the information in a manner required, or expressly permitted, by law; or is directly providing information solely to a person or a group of people in response to a question asked by the person or group of people. 20A-11-1206(3) Nothing in this chapter prohibits a public entity from the neutral encouragement of voters to vote. 20A-11-1206(4) Nothing in this chapter prohibits an elected official from campaigning or advocating for or against a ballot proposition. 20A-11-1206(5) Subject to Subsection (6), a county or municipality may expend a reasonable amount of public funds to:

prepare and publish a written argument or written rebuttal argument in accordance with Section 20A-7-401.5, 20A-7-402, or 59-1-1604; or prepare an argument for, and present an argument at, a public meeting under Section 20A-7-405 or 59-1-1605. 20A-11-1206(6) A county or municipality may not:

publish an argument or rebuttal argument prepared under Section 20A-7-401.5 or 20A-7-402, unless, at the same time and in the same manner, the county or municipality publishes each opposing argument and rebuttal argument that: relates to the same proposed initiative, initiative, proposed referendum, or referendum; and complies with the requirements of Section 20A-7-401.5 or 20A-7-402; publish an argument or rebuttal argument for or against a proposed initiative, initiative, proposed referendum, or referendum that was not prepared and submitted in accordance with Section 20A-7-401.5 or 20A-7-402; or present an argument or rebuttal argument for or against a proposed initiative, initiative, proposed referendum, or referendum at a public meeting, unless the county or municipality provides equal opportunity for persons to present opposing arguments and rebuttal arguments at the public meeting.

State School Board Candidates

20A-11-1301 - School board office — Campaign finance requirements — Candidate as a political action committee officer — No personal use — Contribution reporting deadline — Report other accounts — Anonymous contributions.

20A-11-1301(1) Each school board office candidate shall deposit each contribution received in one or more separate accounts in a financial institution that are dedicated only to that purpose.A school board office candidate may:receive a contribution from a political action committee registered under Section 20A-11-601; andbe designated by a political action committee as an officer who has primary decision-making authority as described in Section 20A-11-601.A school board office candidate may not use money deposited in an account described in Subsection (1)(a)(i) for:a personal use expenditure; oran expenditure prohibited by law.Each school board officeholder shall deposit each contribution and public service assistance received in one or more separate accounts in a financial institution that are dedicated only to that purpose.A school board officeholder may:receive a contribution or public service assistance from a political action committee registered under Section 20A-11-601; andbe designated by a political action committee as an officer who has primary decision-making authority as described in Section 20A-11-601.A school board officeholder may not use money deposited in an account described in Subsection (1)(a)(i) or (1)(c)(i) for:a personal use expenditure; oran expenditure prohibited by law. 20A-11-1301(2) A school board office candidate may not deposit or mingle any contributions received into a personal or business account.A school board officeholder may not deposit or mingle any contributions or public service assistance received into a personal or business account. 20A-11-1301(3) A school board office candidate or school board officeholder may not make any political expenditures prohibited by law. 20A-11-1301(4) If a person who is no longer a school board office candidate chooses not to expend the money remaining in a campaign account, the person shall continue to file the year-end summary report required by Section 20A-11-1302 until the statement of dissolution and final summary report required by Section 20A-11-1304 are filed with the lieutenant governor. 20A-11-1301(5) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who is no longer a school board office candidate may not expend or transfer the money in a campaign account in a manner that would cause the former school board office candidate to recognize the money as taxable income under federal tax law.A person who is no longer a school board office candidate may transfer the money in a campaign account in a manner that would cause the former school board office candidate to recognize the money as taxable income under federal tax law if the transfer is made to a campaign account for federal office. 20A-11-1301(6) As used in this Subsection (6), “received” means the same as that term is defined in Subsection 20A-11-1303(1)(a).Except as provided in Subsection (6)(d), each school board office candidate shall report to the chief election officer each contribution received by the school board office candidate:except as provided in Subsection (6)(b)(ii), within 31 calendar days after the day on which the contribution is received; orwithin seven business days after the day on which the contribution is received, if:the school board office candidate is contested in a convention and the contribution is received within 30 calendar days before the day on which the convention is held;the school board office candidate is contested in a primary election and the contribution is received within 30 calendar days before the day on which the primary election is held; orthe school board office candidate is contested in a general election and the contribution is received within 30 calendar days before the day on which the general election is held.For each contribution that a school board office candidate fails to report within the time period described in Subsection (6)(b), the chief election officer shall impose a fine against the school board office candidate in an amount equal to:10% of the amount of the contribution, if the school board office candidate reports the contribution within 60 calendar days after the day on which the time period described in Subsection (6)(b) ends; or20% of the amount of the contribution, if the school board office candidate fails to report the contribution within 60 calendar days after the day on which the time period described in Subsection (6)(b) ends.The lieutenant governor may waive the fine described in Subsection (6)(c) and issue a warning to the school board office candidate if:the contribution that the school board office candidate fails to report is paid by the school board office candidate from the school board office candidate’s personal funds;the school board office candidate has not previously violated Subsection (6)(c) in relation to a contribution paid by the school board office candidate from the school board office candidate’s personal funds; andthe lieutenant governor determines that the failure to timely report the contribution is due to the school board office candidate not understanding that the reporting requirement includes a contribution paid by a school board office candidate from the school board office candidate’s personal funds.The chief election officer shall:deposit money received under Subsection (6)(c) into the General Fund; andreport on the chief election officer’s website, in the location where reports relating to each school board office candidate are available for public access:each fine imposed by the chief election officer against the school board office candidate;the amount of the fine;the amount of the contribution to which the fine relates; andthe date of the contribution. 20A-11-1301(7) Within 31 calendar days after the day on which a school board office candidate receives a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, the school board office candidate shall disburse the contribution to an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code. 20A-11-1301(8) As used in this Subsection (8), “account” means an account in a financial institution:that is not described in Subsection (1)(a)(i); andinto which or from which a person who, as a candidate for an office, other than a school board office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a school board office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.A school board office candidate shall include on any financial statement filed in accordance with this part:a contribution deposited in an account:since the last campaign finance statement was filed; orthat has not been reported under a statute or ordinance that governs the account; oran expenditure made from an account:since the last campaign finance statement was filed; orthat has not been reported under a statute or ordinance that governs the account.

20A-11-1302 - School board office candidate — Financial reporting requirements — Year-end summary report.

20A-11-1302(1) Each school board office candidate shall file a summary report by January 10 of the year after the regular general election year. In addition to the requirements of Subsection (1)(a), a former school board office candidate that has not filed the statement of dissolution and final summary report required under Section 20A-11-1304 shall continue to file a summary report on January 10 of each year. 20A-11-1302(2) Each summary report shall include the following information as of December 31 of the previous year: the net balance of the last financial statement, if any; a single figure equal to the total amount of receipts reported on all interim reports, if any, during the previous year; a single figure equal to the total amount of expenditures reported on all interim reports, if any, filed during the previous year; a detailed listing of each contribution received since the last summary report that has not been reported in detail on an interim report; for each nonmonetary contribution:

the fair market value of the contribution with that information provided by the contributor; and a specific description of the contribution; a detailed listing of each expenditure made since the last summary report that has not been reported in detail on an interim report; for each nonmonetary expenditure, the fair market value of the expenditure; a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts minus all expenditures; and the name of a political action committee for which the school board office candidate is designated as an officer who has primary decision-making authority under Section 20A-11-601. In preparing the report, all receipts and expenditures shall be reported as of December 31 of the previous year. A check or negotiable instrument received by a school board office candidate on or before December 31 of the previous year shall be included in the summary report. 20A-11-1302(3) The school board office candidate shall certify in the summary report that, to the best of the school board office candidate’s knowledge, all receipts and all expenditures have been reported as of December 31 of the previous year and that there are no bills or obligations outstanding and unpaid except as set forth in that report.

20A-11-1303 - School board office candidate and school board officeholder — Financial reporting requirements — Interim reports.

20A-11-1303(1) As used in this section, “received” means:for a cash contribution, that the cash is given to a school board office candidate or a member of the school board office candidate’s personal campaign committee;for a contribution that is a check or other negotiable instrument, that the check or other negotiable instrument is negotiated;for a direct deposit made into a campaign account by a person not associated with the campaign, the earlier of:the day on which the school board office candidate or a member of the school board office candidate’s personal campaign committee becomes aware of the deposit and the source of the deposit;the day on which the school board office candidate or a member of the school board office candidate’s personal campaign committee receives notice of the deposit and the source of the deposit by mail, email, text, or similar means; or31 calendar days after the day on which the direct deposit occurs; orfor any other type of contribution, that any portion of the contribution’s benefit inures to the school board office candidate.As used in this Subsection (1), “campaign account” means a separate campaign account required under Subsection 20A-11-1301(1)(a)(i) or (c)(i).Except as provided in Subsection (2), each school board office candidate shall file an interim report at the following times in any year in which the candidate has filed a declaration of candidacy for a public office:May 15;seven calendar days before the regular primary election date;September 30; andseven calendar days before the regular general election date. 20A-11-1303(2) If a school board office candidate is a school board office candidate seeking appointment for a midterm vacancy, the school board office candidate:shall file an interim report:for a vacancy described in Subsection 20A-1-504(1)(b)(ii)(A) or (B), no later than three business days before the day on which the Senate meets to consider the school board office candidate’s nomination; orfor a vacancy described in Subsection 20A-1-504(1)(b)(ii)(C):no later than three business days before the day on which the political party of the party for which the school board office candidate seeks nomination meets to declare a nominee for the governor to appoint; orif the school board office candidate decides to seek the appointment with less than three business days before the day on which the political party meets, or the political party schedules the meeting to declare a nominee less than three business days before the day of the meeting, no later than 5 p.m. on the last day of business before the day on which the political party meets; andis not required to file an interim report at the times described in Subsection (1)(c). 20A-11-1303(3) Each interim report shall include the following information:the net balance of the last summary report, if any;a single figure equal to the total amount of receipts reported on all prior interim reports, if any, during the calendar year in which the interim report is due;a single figure equal to the total amount of expenditures reported on all prior interim reports, if any, filed during the calendar year in which the interim report is due;a detailed listing of:for a school board office candidate, each contribution received since the last summary report that has not been reported in detail on a prior interim report; orfor a school board officeholder, each contribution and public service assistance received since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary contribution:the fair market value of the contribution with that information provided by the contributor; anda specific description of the contribution;a detailed listing of each expenditure made since the last summary report that has not been reported in detail on a prior interim report;for each nonmonetary expenditure, the fair market value of the expenditure;a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts since the last summary report minus all expenditures since the last summary report;a summary page in the form required by the lieutenant governor that identifies:beginning balance;total contributions during the period since the last statement;total contributions to date;total expenditures during the period since the last statement; andtotal expenditures to date; andthe name of a political action committee for which the school board office candidate or school board officeholder is designated as an officer who has primary decision-making authority under Section 20A-11-601. 20A-11-1303(4) In preparing each interim report, all receipts and expenditures shall be reported as of five calendar days before the required filing date of the report.Any negotiable instrument or check received by a school board office candidate or school board officeholder more than five calendar days before the required filing date of a report required by this section shall be included in the interim report.

20A-11-1304 - School board office candidate — Financial reporting requirements — Termination of duty to report.

20A-11-1304(1) Each school board candidate is subject to interim reporting requirements until the candidate withdraws or is eliminated in a primary. 20A-11-1304(2) Each school board office candidate is subject to year-end summary reporting requirements until the candidate has filed a statement of dissolution with the lieutenant governor stating that:

the school board office candidate is no longer receiving contributions and is no longer making expenditures; the ending balance on the last summary report filed is zero and the balance in the separate bank account required in Section 20A-11-1301 is zero; and a final summary report in the form required by Section 20A-11-1302 showing a zero balance is attached to the statement of dissolution. 20A-11-1304(3) A statement of dissolution and a final summary report may be filed at any time. 20A-11-1304(4) Each school board office candidate shall continue to file the year-end summary report required by Section 20A-11-1302 until the statement of dissolution and final summary report required by this section are filed.

20A-11-1305 - School board office candidate — Failure to file statement — Penalties.

20A-11-1305(1) A school board office candidate who fails to file a financial statement by the deadline is subject to a fine imposed in accordance with Section 20A-11-1005. 20A-11-1305(2) If a school board office candidate fails to file an interim report described in Subsections 20A-11-1303(1)(c)(i) through (iv), the lieutenant governor may send an electronic notice to the school board office candidate and the political party of which the school board office candidate is a member, if any, that states:that the school board office candidate failed to timely file the report; andthat, if the school board office candidate fails to file the report within 24 hours after the deadline for filing the report, the school board office candidate will be disqualified and the political party will not be permitted to replace the candidate. 20A-11-1305(3) The lieutenant governor shall disqualify a school board office candidate and inform the county clerk and other appropriate election officials that the school board office candidate is disqualified if the school board office candidate fails to file an interim report described in Subsections 20A-11-1303(1)(c)(i) through (iv) within 24 hours after the deadline for filing the report.The political party of a school board office candidate who is disqualified under Subsection (3)(a) may not replace the school board office candidate. 20A-11-1305(4) If a school board office candidate is disqualified under Subsection (3)(a), the election officer shall:notify every opposing candidate for the school board office that the school board office candidate is disqualified;send an email notification to each voter who is eligible to vote in the school board office race for whom the election officer has an email address informing the voter that the school board office candidate is disqualified and that votes cast for the school board office candidate will not be counted;post notice of the disqualification on the election officer’s website; andif practicable, remove the school board office candidate’s name from the ballot. 20A-11-1305(5) An election officer may fulfill the requirement described in Subsection (4) in relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a written notice directing the voter to the election officer’s website to inform the voter whether a candidate on the ballot is disqualified. 20A-11-1305(6) A school board office candidate is not disqualified if:the school board office candidate files the reports described in Subsections 20A-11-1303(1)(c)(i) through (iv) no later than 24 hours after the applicable deadlines for filing the reports;the reports are completed, detailing accurately and completely the information required by this part except for inadvertent omissions or insignificant errors or inaccuracies; andthe omissions, errors, or inaccuracies described in Subsection (6)(b) are corrected in an amended report or the next scheduled report. 20A-11-1305(7) Within 60 calendar days after a deadline for the filing of a summary report, the lieutenant governor shall review each filed summary report to ensure that:each school board office candidate who is required to file a summary report has filed the report; andeach summary report contains the information required by this part.If it appears that a school board office candidate has failed to file the summary report required by law, if it appears that a filed summary report does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any summary report, the lieutenant governor shall, the first business day that is at least five calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the school board office candidate of the violation or written complaint and direct the school board office candidate to file a summary report correcting the problem.It is unlawful for a school board office candidate to fail to file or amend a summary report within seven calendar days after receiving the notice described in Subsection (7)(b) from the lieutenant governor.Each school board office candidate who violates Subsection (7)(c)(i) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (7)(c)(i) to the attorney general.In addition to the criminal penalty described in Subsection (7)(c)(ii), the lieutenant governor shall impose a civil fine of $100 against a school board office candidate who violates Subsection (7)(c)(i).

Voluntary Contributions Act

20A-11-1401 - Title.

This part is known as the “Voluntary Contributions Act.”

20A-11-1402 - Definitions.

20A-11-1402(1) As used in this part:

“Ballot proposition” includes constitutional amendments, initiatives, referenda, judicial retention questions, opinion questions, or other questions submitted to the voters for their approval or rejection. “Labor organization” means a lawful organization of any kind that is composed, in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment. Except as provided in Subsection (1)(b)(iii), “labor organization” includes each employee association and union for employees of public and private sector employers. “Labor organization” does not include organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq. “Political fund” means a separate segregated fund established by a labor organization for political purposes that meets the requirements of this part. “Political purposes” means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election. “Union dues” means dues, fees, money, or other assessments required as a condition of membership or participation in a labor organization. 20A-11-1402(2) Other terms defined in Section 20A-11-101 apply to this part.

20A-11-1403 - Prohibition of required contributions for political purposes.

A labor organization may not require any contribution to a candidate, personal campaign committee, political action committee, political issues committee, registered political party, ballot proposition, or political fund as a condition of membership or participation in the labor organization.

20A-11-1404 - Establishment and administration of political fund.

20A-11-1404(1) A labor organization wishing to make expenditures for political purposes shall establish a political fund. 20A-11-1404(2) Each labor organization that establishes a political fund shall:

maintain the political fund as a separate, segregated account apart from any account containing money received by a labor organization as union dues; ensure that each contribution to the political fund is voluntary; and register the political fund as a political action committee or political issues committee as required by this chapter. 20A-11-1404(3) Except as otherwise provided in this part, a labor organization may only make expenditures for political purposes from a political fund established in accordance with this part. A labor organization may not expend union dues for political purposes or transfer union dues to a political fund. 20A-11-1404(4) Nothing in this part precludes a labor organization from making expenditures of union dues to communicate directly with its own members about political candidates or political issues. 20A-11-1404(5) Nothing in this part precludes a labor organization from making expenditures of union dues either for the establishment and administration of a political fund or to solicit contributions from its members to a political fund. 20A-11-1404(6) Nothing in this part is intended to, or may be construed to, preempt any requirement of federal law.

20A-11-1406 - Enforcement of part — Attorney general.

20A-11-1406(1) Subject to the requirements of Subsections (2) and (3), the attorney general may bring an action to require the labor organization to comply with the requirements of this part. 20A-11-1406(2) Before bringing an action under Subsection (1), the attorney general shall:notify the labor organization in writing of the precise nature of the violation of this part; andgive the labor organization 10 calendar days to cease and desist the violation of this part. 20A-11-1406(3) The attorney general may not bring an action under Subsection (1) if the labor organization:ceases and desists from violating this part within 10 calendar days; andprovides the attorney general with written confirmation that the labor organization has ceased from engaging in the conduct the attorney general determined to be a violation of this part.

Campaign Financial Reporting by Labor Organizations

20A-11-1501 - Definitions.

As used in this part: 20A-11-1501(1) “Labor organization” means a lawful organization of any kind that is composed, in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment. 20A-11-1501(2) “Labor organization” includes an employee association and union for employees of public and private sector employers.

20A-11-1502 - Campaign financial reporting of expenditures — Filing requirements — Statement contents.

20A-11-1502(1) Each labor organization that has made expenditures for political purposes or political issues expenditures on current or proposed ballot issues that total at least $750duringacalendaryearshallfileaverifiedfinancialstatementwiththelieutenantgoverno{r}^{\prime }soffice:onJanuary10,reportingexpendituresasofDecember31ofthepreviousyear;sevencalendardaysbeforetheregularprimaryelectiondate;onSeptember30;andsevencalendardaysbeforetheregulargeneralelectiondate.Thelabororganizationshallreport:adetailedlistingofallexpendituresmadesincethelaststatement;andforafinancialstatementdescribedinSubsections(1)(a)(ii)through(iv),allexpendituresasoffivecalendardaysbeforetherequiredfilingdateofthefinancialstatement.Thelabororganizationisnotrequiredtofileafinancialstatementunderthissectionifthelabororganization:madenoexpendituresduringthereportingperiod;orreportsthelabororganizatio{n}^{\prime }sexpendituresduringthereportingperiodunderanotherpartofthischapter.\ast \ast 20A-11-1502(2)\ast \ast Thefinancialstatementshallinclude:thenameandaddressofeachreportingentitythatreceivedanexpenditureorpoliticalissuesexpenditureofmorethan$50 from the labor organization, and the amount of each expenditure or political issues expenditure;the total amount of expenditures disbursed by the labor organization; anda statement by the labor organization’s treasurer or chief financial officer certifying the accuracy of the financial statement.

20A-11-1503 - Criminal penalties — Fines.

20A-11-1503(1) Within 60 calendar days after a deadline for the filing of a financial statement required by this part, the lieutenant governor shall review each filed financial statement to ensure that:each labor organization that is required to file a financial statement has filed one; andeach financial statement contains the information required by this part. 20A-11-1503(2) If it appears that any labor organization has failed to file a financial statement, if it appears that a filed financial statement does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of a financial statement, the lieutenant governor shall:impose a fine against the labor organization in accordance with Section 20A-11-1005; andno later than the first business day that is at least five calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the labor organization of the violation or written complaint and direct the labor organization to file a financial statement correcting the problem. 20A-11-1503(3) It is unlawful for any labor organization to fail to file or amend a financial statement within seven calendar days after receiving notice from the lieutenant governor under this section.Each labor organization that violates Subsection (3)(a) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (3)(a) to the attorney general.In addition to the criminal penalty described in Subsection (3)(b), the lieutenant governor shall impose a civil fine of $1,000 against a labor organization that violates Subsection (3)(a).

Conflict of Interest Disclosures

20A-11-1601 - Title.

This part is known as “Conflict of Interest Disclosures.”

20A-11-1602 - Definitions.

As used in this part: 20A-11-1602(1) “Conflict of interest” means an action that is taken by a regulated officeholder that the officeholder reasonably believes may cause direct financial benefit or detriment to the officeholder, a member of the officeholder’s immediate family, or an individual or entity that the officeholder is required to disclose under the provisions of this section, if that benefit or detriment is distinguishable from the effects of that action on the public or on the officeholder’s profession, occupation, or association generally. 20A-11-1602(2) “Conflict of interest disclosure” means a disclosure, on the website, of all information required under Section 20A-11-1604. 20A-11-1602(3) “Entity” means a corporation, a partnership, a limited liability company, a limited partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint venture, a governmental entity, an unincorporated organization, or any other legal entity, regardless of whether it is established primarily for the purpose of gain or economic profit. 20A-11-1602(4) “Local official” means:an elected officer of:a municipality under Title 10, Chapter 3, Part 13, Municipal Officers’ and Employees’ Ethics Act; ora county under Title 17, Chapter 70, Part 5, Disclosure Duties Applicable to All County Officers;a special public officer under Title 67, Chapter 16, Utah Public Officers’ and Employees’ Ethics Act; oranother individual:who is not a regulated officeholder; andwho is required to annually make a conflict of interest disclosure in accordance with Subsection 20A-11-1604(6). 20A-11-1602(5) “Filing officer” means:the lieutenant governor, for the office of a state constitutional officer or State Board of Education member; orthe lieutenant governor or the county clerk in the county of the candidate’s residence, for a state legislative office. 20A-11-1602(6) “Immediate family” means the regulated officeholder’s spouse, a child living in the regulated officeholder’s immediate household, or an individual claimed as a dependent for state or federal income tax purposes by the regulated officeholder. 20A-11-1602(7) “Income” means earnings, compensation, or any other payment made to an individual for gain, regardless of source, whether denominated as wages, salary, commission, pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses, reimbursement, dividends, or otherwise. 20A-11-1602(8) “Owner or officer” means an individual who owns an ownership interest in an entity or holds a position where the person has authority to manage, direct, control, or make decisions for:the entity or a portion of the entity; oran employee, agent, or independent contractor of the entity.”Owner or officer” includes:a member of a board of directors or other governing body of an entity; ora partner in any type of partnership. 20A-11-1602(9) “Preceding year” means the year immediately preceding the day on which the regulated officeholder makes a conflict of interest disclosure. 20A-11-1602(10) “Regulated officeholder” means an individual who is required to make a conflict of interest disclosure under the provisions of this part. 20A-11-1602(11) “State constitutional officer” means the governor, the lieutenant governor, the state auditor, the state treasurer, or the attorney general. 20A-11-1602(12) “Website” means the Candidate and Officeholder Conflict of Interest Disclosure Website described in Section 20A-11-1602.5.

20A-11-1602.5 - Candidate and Officeholder Conflict of Interest Disclosure Website.

20A-11-1602.5(1) The lieutenant governor shall, in cooperation with the county clerks, establish and administer a Candidate and Officeholder Conflict of Interest Disclosure Website. 20A-11-1602.5(2) The website shall:permit a candidate or officeholder to securely access the website for the purpose of:complying with the conflict of interest disclosure requirements described in this part; andediting conflict of interest disclosures;contain a record of all conflict of interest disclosures and edits made by the candidate or officeholder for at least the preceding four years;permit any person to view a conflict of interest disclosure made by a candidate or officeholder; andcontain a link to the conflict of interest disclosure made by a local official.

20A-11-1603 - Conflict of interest disclosure — Required when filing for candidacy — Public availability.

20A-11-1603(1) Except as provided in Subsection (1)(c), candidates seeking the following offices shall make a complete conflict of interest disclosure on the website at the time of filing a declaration of candidacy: state constitutional officer; state legislator; or State Board of Education member. A candidate who fails to comply with Subsection (1)(a) shall make a complete conflict of interest disclosure on the website no later than 5:00 p.m. on January 10. A candidate is not required to comply with Subsection (1)(a) if the candidate: currently holds the office for which the candidate is seeking reelection; already, that same year, filed the conflict of interest disclosure for the office described in Subsection (1)(c)(i), in accordance Section 20A-11-1604; and at the time the candidate files the declaration of candidacy, indicates, in writing, that the conflict of interest disclosure described in Subsection (1)(c)(ii) is updated and accurate as of the date of filing the declaration of candidacy. 20A-11-1603(2) Except as provided in Subsection (1)(c), a filing officer:

shall provide electronic notice to a candidate who fails to comply with Subsection (1)(a) that the candidate must make a complete conflict of interest disclosure on the website no later than the deadline described in Subsection (1)(b); and may not accept a declaration of candidacy for an office listed in Subsection (1)(a) until the candidate makes a complete conflict of interest disclosure on the website. 20A-11-1603(3) The conflict of interest disclosure described in Subsection (1)(a) shall contain the same requirements and shall be in the same format as the conflict of interest disclosure described in Section 20A-11-1604. 20A-11-1603(4) The lieutenant governor shall make the complete conflict of interest disclosure made by each candidate available for public inspection on the website.

20A-11-1604 - Failure to disclose conflict of interest — Failure to comply with reporting requirements.

20A-11-1604(1) Before or during the execution of any order, settlement, declaration, contract, or any other official act of office in which a state constitutional officer has actual knowledge that the state constitutional officer has a conflict of interest that is not stated in the conflict of interest disclosure, the state constitutional officer shall publicly declare that the state constitutional officer may have a conflict of interest and what that conflict of interest is.Before or during any vote on legislation or any legislative matter in which a legislator has actual knowledge that the legislator has a conflict of interest that is not stated in the conflict of interest disclosure, the legislator shall orally declare to the committee or body before which the matter is pending that the legislator may have a conflict of interest and what that conflict is.Before or during any vote on any rule, resolution, order, or any other board matter in which a member of the State Board of Education has actual knowledge that the member has a conflict of interest that is not stated in the conflict of interest disclosure, the member shall orally declare to the board that the member may have a conflict of interest and what that conflict of interest is. 20A-11-1604(2) Any public declaration of a conflict of interest that is made under Subsection (1) shall be noted:on the official record of the action taken, for a state constitutional officer;in the minutes of the committee meeting or in the Senate or House Journal, as applicable, for a legislator; orin the minutes of the meeting or on the official record of the action taken, for a member of the State Board of Education. 20A-11-1604(3) A state constitutional officer shall make a complete conflict of interest disclosure on the website:no sooner than January 1 each year, and before January 11 each year; orif the state constitutional officer takes office after January 10, within 10 calendar days after the day on which the state constitutional officer takes office; andeach time the state constitutional officer changes employment. 20A-11-1604(4) A legislator shall make a complete conflict of interest disclosure on the website:no sooner than January 1 each year, and before January 11 each year; orif the legislator takes office after January 10, within 10 calendar days after the day on which the legislator takes office; andeach time the legislator changes employment. 20A-11-1604(5) A member of the State Board of Education shall make a complete conflict of interest disclosure on the website:no sooner than January 1 each year, and before January 11 each year; orif the member takes office after January 10, within 10 calendar days after the day on which the member takes office; andeach time the member changes employment. 20A-11-1604(6) A conflict of interest disclosure described in Subsection (3), (4), or (5) shall include:the regulated officeholder’s name;subject to Subsection (7):the name and address of each of the regulated officeholder’s current employers and each of the regulated officeholder’s employers during the preceding year; andfor each employer described in this Subsection (6)(b), a brief description of the employment, including the regulated officeholder’s occupation and, as applicable, job title;for each entity in which the regulated officeholder is an owner or officer, or was an owner or officer during the preceding year:the name of the entity;a brief description of the type of business or activity conducted by the entity; andthe regulated officeholder’s position in the entity;in accordance with Subsection (8), for each individual from whom, or entity from which, the regulated officeholder has received $5,000ormoreinincomeduringtheprecedingyear:thenameoftheindividualorentity;andabriefdescriptionofthetypeofbusinessoractivityconductedbytheindividualorentity;foreachentityinwhichtheregulatedofficeholderholdsanystocksorbondshavingafairmarketvalueof$5,000 or more as of the date of the disclosure form or during the preceding year, but excluding funds that are managed by a third party, including blind trusts, managed investment accounts, and mutual funds:the name of the entity; anda brief description of the type of business or activity conducted by the entity;for each entity not listed in Subsections (6)(c) through (e) in which the regulated officeholder currently serves, or served in the preceding year, in a paid leadership capacity or in a paid or unpaid position on a board of directors:the name of the entity or organization;a brief description of the type of business or activity conducted by the entity; andthe type of position held by the regulated officeholder;at the option of the regulated officeholder, a description of any real property in which the regulated officeholder holds an ownership or other financial interest that the regulated officeholder believes may constitute a conflict of interest, including a description of the type of interest held by the regulated officeholder in the property;subject to Subsection (7):the name of the regulated officeholder’s spouse; andthe name of each of the regulated officeholder’s spouse’s current employers and each of the regulated officeholder’s spouse’s employers during the preceding year, if the regulated officeholder believes the employment may constitute a conflict of interest;the name of any adult residing in the regulated officeholder’s household who is not related to the officeholder by blood;for each adult described in Subsection (6)(i), a brief description of the adult’s employment or occupation, if the regulated officeholder believes the adult’s presence in the regulated officeholder’s household may constitute a conflict of interest;at the option of the regulated officeholder, a description of any other matter or interest that the regulated officeholder believes may constitute a conflict of interest;the date the form was completed;a statement that the regulated officeholder believes that the form is true and accurate to the best of the regulated officeholder’s knowledge; andthe signature of the regulated officeholder. 20A-11-1604(7) In making the disclosure described in Subsection (6)(b) or (h), if a regulated officeholder or regulated officeholder’s spouse is an at-risk government employee, as that term is defined in Subsection 63G-2-303(1)(a), the regulated officeholder may request the filing officer to redact from the conflict of interest disclosure:the regulated officeholder’s employment information under Subsection (6)(b); andthe regulated officeholder’s spouse’s name and employment information under Subsection (6)(h).A filing officer who receives a redaction request under Subsection (7)(a) shall redact the disclosures made under Subsection (6)(b) or (h) before the filing officer makes the conflict of interest disclosure available for public inspection. 20A-11-1604(8) In making the disclosure described in Subsection (6)(d), a regulated officeholder who provides goods or services to multiple customers or clients as part of a business or a licensed profession is only required to provide the information described in Subsection (6)(d) in relation to the entity or practice through which the regulated officeholder provides the goods or services and is not required to provide the information described in Subsection (6)(d) in relation to the regulated officeholder’s individual customers or clients. 20A-11-1604(9) The disclosure requirements described in this section do not prohibit a regulated officeholder from voting or acting on any matter. 20A-11-1604(10) A regulated officeholder may amend a conflict of interest disclosure described in this part at any time. 20A-11-1604(11) A regulated officeholder who violates the requirements of Subsection (1) is guilty of a class B misdemeanor. 20A-11-1604(12) A regulated officeholder who intentionally or knowingly violates a provision of this section, other than Subsection (1), is guilty of a class B misdemeanor.In addition to the criminal penalty described in Subsection (12)(a), the lieutenant governor shall impose a civil penalty of $100 against a regulated officeholder who violates a provision of this section, other than Subsection (1).

20A-11-1605 - Failure to file — Penalties.

20A-11-1605(1) Within 60 calendar days after the day on which a regulated officeholder is required to file a conflict of interest disclosure under Subsection 20A-11-1604(3), (4) or (5), the lieutenant governor shall review each filed conflict of interest disclosure to ensure that:each regulated officeholder who is required to file a conflict of interest disclosure has filed one; andeach conflict of interest disclosure contains the information required under Section 20A-11-1604. 20A-11-1605(2) The lieutenant governor shall take the action described in Subsection (3) if:a regulated officeholder has failed to timely file a conflict of interest disclosure;a filed conflict of interest disclosure does not comply with the requirements of Section 20A-11-1604; orthe lieutenant governor receives a written complaint alleging a violation of Section 20A-11-1604, other than Subsection 20A-11-1604(1), and after receiving the complaint and giving the regulated officeholder notice and an opportunity to be heard, the lieutenant governor determines that a violation occurred. 20A-11-1605(3) If a circumstance described in Subsection (2) occurs, the lieutenant governor shall, no later than the first business day that is at least five calendar days after the day on which the lieutenant governor determines that a violation occurred, notify the regulated officeholder of the violation and direct the regulated officeholder to file an amended report correcting the problem. 20A-11-1605(4) It is unlawful for a regulated officeholder to fail to file or amend a conflict of interest disclosure within seven calendar days after the day on which the regulated officeholder receives the notice described in Subsection (3).A regulated officeholder who violates Subsection (4)(a) is guilty of a class B misdemeanor.The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney general.In addition to the criminal penalty described in Subsection (4)(b), the lieutenant governor shall impose a civil fine of $100 against a regulated officeholder who violates Subsection (4)(a). 20A-11-1605(5) The lieutenant governor shall deposit a fine collected under this part into the General Fund as a dedicated credit to pay for the costs of administering the provisions of this part.

20A-11-1606 - Link to conflict of interest disclosure on Legislature’s website.

The Legislature’s website shall include, for each legislative officeholder, a link to the conflict of interest disclosure on the website maintained by the lieutenant governor in relation to that legislative officeholder.

Independent Expenditures

20A-11-1701 - Title.

This part is known as “Independent Expenditures.”

20A-11-1702 - Definitions.

As used in this part: 20A-11-1702(1) “Clearly identified” means:the name of the candidate appears;a photograph or drawing of the candidate appears; orthe identity of the candidate or ballot proposition is apparent by unambiguous reference. 20A-11-1702(2) “Independent expenditure” means an expenditure by a person expressly advocating the success or defeat of a clearly identified candidate or ballot proposition if the expenditure is not made in coordination with, or at the request or suggestion of:a candidate;a candidate’s personal campaign committee;a member of a candidate’s personal campaign committee;a political action committee for which the candidate is an officer with primary decision making authority;an agent of a candidate; ora political issues committee.”Independent expenditure” includes:the cost of creating and disseminating material for a public communication, including design and production costs; anda contract or other promise to make an expenditure described in Subsection (2)(a) or (2)(b)(i). 20A-11-1702(3) “Public communication” means a communication by:broadcast, cable, satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank; oranother medium used for political advertising to the general public.”Public communication” does not include:a news story, a commentary, or an editorial disseminated by a broadcasting station, including a cable television operator, programmer, or producer, satellite television or radio provider, website, newspaper, magazine, or other periodical publication, that is not controlled by a candidate or political party; ora candidate debate or forum. 20A-11-1702(4) “Telephone bank” means 500 or more identical or substantially similar telephone calls within any 30-calendar-day period.

20A-11-1703 - Exceptions.

20A-11-1703(1) A registered political party is not required to comply with the requirements of this part. 20A-11-1703(2) A reporting entity is not required to report an independent expenditure under this part if the reporting party:

reports the expenditure under another part in this chapter; and in the report described in Subsection (2)(a): identifies the expenditure as an independent expenditure; and provides the information, described in Section 20A-11-1704, in relation to the independent expenditure.

20A-11-1704 - Independent expenditure report.

20A-11-1704(1) Except as provided in Section 20A-11-1703, within 31 calendar days after the day on which a person has made a total of at least $1,000inindependentexpendituresduringanelectioncycle,thepersonshallfileanindependentexpenditurereportwiththechiefelectionofficer.\ast \ast 20A-11-1704(2)\ast \ast ExceptasprovidedinSection20A-11-1703,within31calendardaysafterthedayonwhichapersonhasmadeatotalofatleast$1,000 in independent expenditures during an election cycle that were not reported in an independent expenditure report already filed with the chief election officer during the same election cycle, the person shall file another independent expenditure report with the chief election officer. 20A-11-1704(3) An independent expenditure report shall include the following information:if the person who made the independent expenditures is an individual, the person’s name, address, and phone number;if the person who made the independent expenditures is not an individual:the person’s name, address, and phone number; andthe name, address, and phone number of an individual who may be contacted by the chief election officer in relation to the independent expenditure report; andfor each independent expenditure made by the person during the current election cycle that was not reported in a previous independent expenditure report:the date of the independent expenditure;the amount of the independent expenditure;the candidate or ballot proposition for which the independent expenditure expressly advocates the success or defeat and a description of whether the independent expenditure supports or opposes the candidate or ballot proposition;the identity, address, and phone number of the person to whom the independent expenditure was made;a description of the goods or services obtained by the independent expenditure; andfor each person who, for political purposes, made cumulative donations of $1,000 or more during the current election cycle to the filer of the independent expenditure report:the identity, address, and phone number of the person;the date of the donation; andthe amount of the donation. 20A-11-1704(4) If the person filing an independent expenditure report is an individual, the person shall sign the independent expenditure report and certify that the information contained in the report is complete and accurate.If the person filing an independent expenditure report is not an individual:the person filing the independent expenditure report shall designate an authorized individual to sign the independent expenditure report on behalf of the person; andthe individual designated under Subsection (4)(b)(i) shall sign the independent expenditure report and certify that the information contained in the report is complete and accurate. 20A-11-1704(5) If a person who files an independent expenditure report previously filed an independent expenditure report during, or in relation to, the same election cycle that includes information, described in Subsection (3)(a) or (b), that has changed since the person filed the previous independent expenditure report, the person shall include in the most recent independent expenditure report a description of the information that has changed that includes both the old information and the new information. 20A-11-1704(6) An independent expenditure report is a public record under Title 63G, Chapter 2, Government Records Access and Management Act.

20A-11-1705 - Detailed records.

A person who files an independent expenditure report shall keep records of all independent expenditures made by the person, including receipts, and all donations described in Subsection 20A-11-1704(3)(c)(vi) , for at least two years after the day on which the independent expenditure report to which the records relate is filed.

20A-11-1706 - Penalties.

20A-11-1706(1) The chief election officer shall impose a $100fineagainstanindividualwhofailstofileanindependentexpenditurereport,thatincludestheinformationrequiredforthereport,withinthetimeperiodrequiredbythispart.\ast \ast 20A-11-1706(2)\ast \ast Thechiefelectionofficershallimposea$1000 fine against a person who is not an individual who fails to file an independent expenditure report, that includes the information required for the report, within the time period required by this part. 20A-11-1706(3) The chief election officer shall deposit fines collected under this chapter into the General Fund.