17-16-203. Personal use expenditure — Authorized and prohibited uses of campaign funds — Enforcement — Penalties.
(1)
A county office candidate, county officer, local school board candidate, or local school board member may not use money deposited into the separate bank account required under Section 17-16-6.5 for:
County office: means an office described in Section 17-53-101 that is required to be filled by an election. See Utah Code 17-16-202
County office candidate: means an individual who:
(a)
files a declaration of candidacy for a county office; or
(b)
receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a county office. See Utah Code 17-16-202
County officer: means an individual who holds a county office. See Utah Code 17-16-202
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 the separate bank account required under Section 17-16-6. See Utah Code 17-16-202
Local school board candidate: means an individual who:
(a)
files a declaration of candidacy for local school board; or
(b)
receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a local school board. See Utah Code 17-16-202
Personal use expenditure: includes :
(i)
a mortgage, rent, utility, or vehicle payment;
(ii)
a household food item or supply;
(iii)
clothing, except for clothing:
(A)
bearing the county office candidate's or local school board candidate's name or campaign slogan or logo; and
(B)
used in the county office candidate's or local school board member's campaign;
(iv)
admission to a sporting, artistic, or recreational event or other form of entertainment;
(v)
dues, fees, or gratuities at a country club, health club, or recreational facility;
(vi)
a salary payment made to:
(A)
a county office candidate, county officer, local school board candidate, or local school board member; or
(B)
a person who has not provided a bona fide service to a county candidate, county officer, local school board candidate, or local school board member;
(vii)
a vacation;
(viii)
a vehicle expense;
(ix)
a meal expense;
(x)
a travel expense;
(xi)
payment of an administrative, civil, or criminal penalty;
(xii)
satisfaction of a personal debt;
(xiii)
a personal service, including the service of an attorney, accountant, physician, or other professional person;
(xiv)
a membership fee for a professional or service organization; and
(xv)
a payment in excess of the fair market value of the item or service purchased. See Utah Code 17-16-202
Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a)
a personal use expenditure; or
(b)
an expenditure prohibited by law.
(2)
(a)
A county clerk shall enforce this section prohibiting a personal use expenditure by:
(i)
evaluating a financial statement to identify a personal use expenditure; and
(ii)
commencing an adjudicative proceeding in accordance with applicable county ordinance or policy if the county clerk has probable cause to believe a county office candidate, county officer, local school board candidate, or local school board member has made a personal use expenditure.
(b)
Following the proceeding, the county clerk may issue a signed order requiring a county office candidate, county officer, local school board candidate, or local school board member who has made a personal use expenditure to:
(i)
remit an administrative penalty of an amount equal to 50% of the personal use expenditure to the county clerk; and
(ii)
deposit the amount of the personal use expenditure in the campaign account from which the personal use expenditure was disbursed.
(c)
The county clerk shall deposit money received under Subsection (2)(b)(i) into the county’s general fund.
