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

(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 20A-11-508

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • Registered political party: means an organization of voters that:
    (a) 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; or
    (b) has complied with the petition and organizing procedures of Chapter 8, Political Party Formation and Procedures. 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 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.

    (b)  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.

    (c)  The lieutenant governor shall report all violations of Subsection (1)(b) to the attorney general.

(2)  Within 60 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:

(a)  each political party that is required to file a report has filed one; and

(b)  each report contains the information required by this part.

(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, within five days of discovery of a violation or receipt of a 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.

(4) 

(a)  It is unlawful for any political party to fail to file or amend a summary report within seven days after receiving notice from the lieutenant governor under this section.

(b)  Each political party who violates Subsection (4)(a) is guilty of a class B misdemeanor.

(c)  The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney general.

(d)  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).

Amended by Chapter 22, 2020 General Session