20A-11-202. State office candidate — Personal campaign committee required — Candidate as a political action committee officer.
(1)
Terms Used In Utah Code 20A-11-202
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
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
Election: means each:
(a)
regular general election;
(b)
regular primary election; and
(c)
special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
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
Personal campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
Political action committee: includes groups affiliated with a registered political party but not authorized or organized by the governing board of the registered political party that receive contributions or makes expenditures for political purposes. See Utah Code 20A-11-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State office: means the offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-11-101
State office candidate: means a person who:
(a)
files a declaration of candidacy for a state 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, election, or appointment to a state office. See Utah Code 20A-11-101
Vacancy: means :
(a)
except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
(b)
in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
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.
(ii)
A state office candidate may serve as the candidate’s own campaign committee.
(iii)
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.
(b)
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:
(i)
a personal campaign committee established under this section; and
(ii)
a political action committee established under 6.
(2)
(a)
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:
(i)
informs the lieutenant governor that the state office candidate’s personal campaign committee has been selected; and
(ii)
provides the name and address of each member and the secretary of the committee.
(b)
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.
(c)
A state office candidate may revoke the selection of any member of the campaign committee by:
(i)
revoking that individual‘s appointment or election in writing;
(ii)
personally serving the written revocation on the member whose selection is revoked; and
(iii)
filing a copy of the written revocation with the lieutenant governor.
(d)
(i)
The state office candidate may select a replacement to fill any vacancy on the campaign committee.
(ii)
The state office candidate shall file that replacement’s name and address with the lieutenant governor.
(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.
(4)
A state office candidate or the candidate’s personal campaign committee may not make any expenditures prohibited by law.
