| (1) |
Terms Used In Utah Code 17-16-6.5- Donor: The person who makes a gift.
- Person: means :Utah Code 68-3-12.5
- 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
- Statute: A law passed by a legislature.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
A county shall adopt an ordinance establishing campaign finance disclosure requirements for:
| (i) |
candidates for county office; and |
| (ii) |
candidates for local school board office who reside in that county. |
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| (b) |
The ordinance required by Subsection (1)(a) shall include:
| (i) |
a requirement that each candidate for county office or local school board office report the candidate’s itemized and total campaign contributions and expenditures at least once within the two weeks before the election and at least once within two months after the election; |
| (ii) |
a definition of “contribution” and “expenditure” that requires reporting of nonmonetary contributions such as in-kind contributions and contributions of tangible things; |
| (iii) |
a requirement that the financial reports identify:
| (A) |
for each contribution, the name of the donor of the contribution, if known, and the amount of the contribution; and |
| (B) |
for each expenditure, the name of the recipient and the amount of the expenditure; |
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| (iv) |
a requirement that a candidate for county office or local school board office deposit a contribution in a separate campaign account in a financial institution; |
| (v) |
a prohibition against a candidate for county office or local school board office depositing or mingling any contributions received into a personal or business account; and |
| (vi) |
a requirement that a candidate for county office who receives a contribution that is cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown, shall, within 30 days after receiving the contribution, disburse the amount of the contribution to:
| (A) |
the treasurer of the state or a political subdivision for deposit into the state’s or political subdivision’s general fund; or |
| (B) |
an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code. |
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| (c) |
| (i) |
As used in this Subsection (1)(c), “account” means an account in a financial institution:
| (A) |
that is not described in Subsection (1)(b)(iv); and |
| (B) |
into which or from which a person who, as a candidate for an office, other than a county office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a county office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure. |
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| (ii) |
The ordinance required by Subsection (1)(a) shall include a requirement that a candidate for county office or local school board office include on a financial report filed in accordance with the ordinance a contribution deposited in or an expenditure made from an account:
| (A) |
since the last financial report was filed; or |
| (B) |
that has not been reported under a statute or ordinance that governs the account. |
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| (2) |
If any county fails to adopt a campaign finance disclosure ordinance described in Subsection (1), candidates for county office, other than community council office, and candidates for local school board office shall comply with the financial reporting requirements contained in Subsections (3) through (8). |
| (3) |
A candidate for elective office in a county or local school board office:
| (a) |
shall deposit a contribution in a separate campaign account in a financial institution; and |
| (b) |
may not deposit or mingle any contributions received into a personal or business account. |
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| (4) |
Each candidate for elective office in any county who is not required to submit a campaign financial statement to the lieutenant governor, and each candidate for local school board office, shall file a signed campaign financial statement with the county clerk:
| (a) |
seven days before the date of the regular general election, reporting each contribution and each expenditure as of 10 days before the date of the regular general election; and |
| (b) |
no later than 30 days after the date of the regular general election. |
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| (5) |
| (a) |
The statement filed seven days before the regular general election shall include:
| (i) |
a list of each contribution received by the candidate, and the name of the donor, if known; and |
| (ii) |
a list of each expenditure for political purposes made during the campaign period, and the recipient of each expenditure. |
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| (b) |
The statement filed 30 days after the regular general election shall include:
| (i) |
a list of each contribution received after the cutoff date for the statement filed seven days before the election, and the name of the donor; and |
| (ii) |
a list of all expenditures for political purposes made by the candidate after the cutoff date for the statement filed seven days before the election, and the recipient of each expenditure. |
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| (6) |
| (a) |
As used in this Subsection (6), “account” means an account in a financial institution:
| (i) |
that is not described in Subsection (3)(a); and |
| (ii) |
into which or from which a person who, as a candidate for an office, other than a county office for which the person filed a declaration of candidacy or federal office, or as a holder of an office, other than a county office for which the person filed a declaration of candidacy or federal office, deposits a contribution or makes an expenditure. |
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| (b) |
A county office candidate and a local school board office candidate shall include on any campaign financial statement filed in accordance with Subsection (4) or (5):
| (i) |
a contribution deposited in an account:
| (A) |
since the last campaign finance statement was filed; or |
| (B) |
that has not been reported under a statute or ordinance that governs the account; or |
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| (ii) |
an expenditure made from an account:
| (A) |
since the last campaign finance statement was filed; or |
| (B) |
that has not been reported under a statute or ordinance that governs the account. |
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| (7) |
Within 30 days after receiving a contribution that is cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown, a county office candidate shall disburse the amount of the contribution to:
| (a) |
the treasurer of the state or a political subdivision for deposit into the state’s or political subdivision’s general fund; or |
| (b) |
an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code. |
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| (8) |
Candidates for elective office in any county, and candidates for local school board office, who are eliminated at a primary election shall file a signed campaign financial statement containing the information required by this section not later than 30 days after the primary election. |
| (9) |
Any person who fails to comply with this section is guilty of an infraction. |
| (10) |
| (a) |
Counties may, by ordinance, enact requirements that:
| (i) |
require greater disclosure of campaign contributions and expenditures; and |
| (ii) |
impose additional penalties. |
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| (b) |
The requirements described in Subsection (10)(a) apply to a local school board office candidate who resides in that county. |
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| (11) |
If a candidate fails to file an interim report due before the election, the county clerk:
| (a) |
may send an electronic notice to the candidate and the political party of which the candidate is a member, if any, that states:
| (i) |
that the candidate failed to timely file the report; and |
| (ii) |
that, if the candidate fails to file the report within 24 hours after the deadline for filing the report, the candidate will be disqualified and the political party will not be permitted to replace the candidate; and |
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| (b) |
impose a fine of $100 on the candidate. |
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| (12) |
| (a) |
The county clerk shall disqualify a candidate and inform the appropriate election officials that the candidate is disqualified if the candidate fails to file an interim report described in Subsection (11) within 24 hours after the deadline for filing the report. |
| (b) |
The political party of a candidate who is disqualified under Subsection (12)(a) may not replace the candidate. |
| (c) |
A candidate who is disqualified under Subsection (12)(a) shall file with the county clerk a complete and accurate campaign finance statement within 30 days after the day on which the candidate is disqualified. |
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| (13) |
If a candidate is disqualified under Subsection (12)(a), the election official:
| (a) |
shall:
| (i) |
notify every opposing candidate for the county office that the candidate is disqualified; |
| (ii) |
send an email notification to each voter who is eligible to vote in the county election office race for whom the election official has an email address informing the voter that the candidate is disqualified and that votes cast for the candidate will not be counted; |
| (iii) |
post notice of the disqualification on the county’s website; and |
| (iv) |
if practicable, remove the candidate’s name from the ballot by blacking out the candidate’s name before the ballots are delivered to voters; and |
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| (b) |
may not count any votes for that candidate. |
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| (14) |
An election official may fulfill the requirement described in Subsection (13)(a) in relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a written notice directing the voter to the county’s website to inform the voter whether a candidate on the ballot is disqualified. |
| (15) |
A candidate is not disqualified if:
| (a) |
the candidate files the interim reports described in Subsection (11) no later than 24 hours after the applicable deadlines for filing the reports; |
| (b) |
the reports are completed, detailing accurately and completely the information required by this section except for inadvertent omissions or insignificant errors or inaccuracies; and |
| (c) |
the omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report. |
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| (16) |
| (a) |
A report is considered timely filed if:
| (i) |
the report is received in the county clerk’s office no later than midnight, Mountain Time, at the end of the day on which the report is due; |
| (ii) |
the report is received in the county clerk’s office with a United States Postal Service postmark three days or more before the date that the report was due; or |
| (iii) |
the candidate has proof that the report was mailed, with appropriate postage and addressing, three days before the report was due. |
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| (b) |
For a county clerk’s office that is not open until midnight at the end of the day on which a report is due, the county clerk shall permit a candidate to file the report via email or another electronic means designated by the county clerk. |
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| (17) |
| (a) |
Any private party in interest may bring a civil action in district court to enforce the provisions of this section or any ordinance adopted under this section. |
| (b) |
In a civil action filed under Subsection (17)(a), the court shall award costs and attorney fees to the prevailing party. |
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| (18) |
Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access and Management Act, the county clerk shall:
| (a) |
make each campaign finance statement filed by a candidate available for public inspection and copying no later than one business day after the statement is filed; and |
| (b) |
make the campaign finance statement filed by a candidate available for public inspection by:
| (i) |
| (A) |
posting an electronic copy or the contents of the statement on the county’s website no later than seven business days after the statement is filed; and |
| (B) |
verifying that the address of the county’s website has been provided to the lieutenant governor in order to meet the requirements of Subsection 20A-11-103(5); or |
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| (ii) |
submitting a copy of the statement to the lieutenant governor for posting on the website established by the lieutenant governor under Section 20A-11-103 no later than two business days after the statement is filed. |
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Amended by Chapter 45, 2023 General Session
