Except as provided in Section 20A-11-1703, within 31 days after the day on which a person has made a total of at least $1,000 in independent expenditures during an election cycle, the person shall file an independent expenditure report with the chief election officer.
Terms Used In Utah Code 20A-11-1704
Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
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. See Utah Code 20A-11-101
Candidate: means any person who:
(a)
files a declaration of candidacy for a public office; or
(b)
receives 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. See Utah Code 20A-11-101
Chief election officer: means :
(a)
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; and
special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
Election cycle: means the period beginning on the first day persons are eligible to file declarations of candidacy and ending when the canvass is completed. See Utah Code 20A-1-102
Election officer: means :
(a)
the lieutenant governor, for all statewide ballots and elections;
Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
(i)
any disbursement from contributions, receipts, or from the separate bank account required by this chapter;
(ii)
a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
(iii)
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 for political purposes;
(iv)
compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;
(v)
a transfer of funds between the filing entity and a candidate's personal campaign committee;
(vi)
goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value; or
Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
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:
(a)
candidate or a person seeking a municipal or county office at any caucus, political convention, or election; or
Except as provided in Section 20A-11-1703, within 31 days after the day on which a person has made a total of at least $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.
(3)
An independent expenditure report shall include the following information:
(a)
if the person who made the independent expenditures is an individual, the person’s name, address, and phone number;
(b)
if the person who made the independent expenditures is not an individual:
(i)
the person’s name, address, and phone number; and
(ii)
the name, address, and phone number of an individual who may be contacted by the chief election officer in relation to the independent expenditure report; and
(c)
for each independent expenditure made by the person during the current election cycle that was not reported in a previous independent expenditure report:
(i)
the date of the independent expenditure;
(ii)
the amount of the independent expenditure;
(iii)
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;
(iv)
the identity, address, and phone number of the person to whom the independent expenditure was made;
(v)
a description of the goods or services obtained by the independent expenditure; and
(vi)
for 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:
(A)
the identity, address, and phone number of the person;
(B)
the date of the donation; and
(C)
the amount of the donation.
(4)
(a)
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.
(b)
If the person filing an independent expenditure report is not an individual:
(i)
the person filing the independent expenditure report shall designate an authorized individual to sign the independent expenditure report on behalf of the person; and
(ii)
the 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.
(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.
