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

(1) 

Terms Used In Utah Code 20A-11-203

  • 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
  • Contribution: means any of the following when done for political purposes:
    (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;
    (ii) 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;
    (iii) any transfer of funds from another reporting entity to the filing entity;
    (iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
    (v) remuneration from:
    (A) any organization or its directly affiliated organization that has a registered lobbyist; or
    (B) any agency or subdivision of the state, including school districts;
    (vi) a loan made by a candidate deposited to the candidate's own campaign; and
    (vii) in-kind contributions. See Utah Code 20A-11-101
  • Detailed listing: means :
    (a) for each contribution or public service assistance:
    (i) 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;
    (ii) the amount or value of the contribution or public service assistance; and
    (iii) the date the contribution or public service assistance was made; and
    (b) for each expenditure:
    (i) the amount of the expenditure;
    (ii) the goods or services acquired by the expenditure; and
    (iii) the date the expenditure was made. 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
    (vii) an independent expenditure, as defined in Section 20A-11-1702. See Utah Code 20A-11-101
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or 2. See Utah Code 20A-11-101
  • Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-11-101
  • 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
  • Receipts: means contributions and public service assistance. See Utah Code 20A-11-101
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • 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
  • Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
  • (a)  Each state office candidate shall file a summary report by January 10 of the year after the regular general election year.

    (b)  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.
  • (2) 

    (a)  Each summary report shall include the following information as of December 31 of the previous year:

    (i)  the net balance of the last financial statement, if any;

    (ii)  a single figure equal to the total amount of receipts reported on all interim reports, if any;

    (iii)  a single figure equal to the total amount of expenditures reported on all interim reports, if any, filed during the previous year;

    (iv)  a detailed listing of each contribution received since the last summary report that has not been reported in detail on an interim report;

    (v)  for each nonmonetary contribution:

    (A)  the fair market value of the contribution with that information provided by the contributor; and

    (B)  a specific description of the contribution;

    (vi)  a detailed listing of each expenditure made since the last summary report that has not been reported in detail on an interim report;

    (vii)  for each nonmonetary expenditure, the fair market value of the expenditure;

    (viii)  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

    (ix)  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.

    (b)  In preparing the report, all receipts and expenditures shall be reported as of December 31 of the previous year.

    (c)  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.

    (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.

    Amended by Chapter 74, 2019 General Session