20A-11-101.3.  Detailed listing and report requirements — Rulemaking authority.

(1)  As used in this section:

Terms Used In Utah Code 20A-11-101.3

  • 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
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • 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
  • Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
  • (a)  “Advertising” includes:

    (i)  website development and maintenance;

    (ii)  social media;

    (iii)  television, newspaper, or radio; or

    (iv)  a convention booth.

    (b)  “Association expense” means a membership fee for:

    (i)  a political association; or

    (ii)  an association related to an activity of a candidate or an officeholder.

    (c)  “Campaign Expense” includes:

    (i)  district mapping;

    (ii)  voter data;

    (iii)  a phone bank;

    (iv)  fund-raising expenses;

    (v)  campaign assistance or consulting;

    (vi)  campaign technology;

    (vii)  campaign management;

    (viii)  campaign interns; or

    (ix)  food, and related expenses, purchased:

    (A)  for a campaign event; or

    (B)  for consumption by a candidate or campaign staff while conducting work relating to a campaign.

    (d)  “Donations” includes giving to a charitable organization.

    (e)  “Loans” includes repaying loans.

    (f)  “Office expense” includes:

    (i)  an email server;

    (ii)  phones;

    (iii)  phone service;

    (iv)  computers;

    (v)  printers;

    (vi)  furniture;

    (vii)  tools and hardware; or

    (viii)  food, and related expenses, purchased for consumption during an officeholder activity.

    (g)  “Political support” includes contributions made to other candidates or political action committees.

    (h)  “Supplies” includes:

    (i)  signs;

    (ii)  sign holders;

    (iii)  parade supplies;

    (iv)  t-shirts;

    (v)  other campaign goods;

    (vi)  repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or an officeholder;

    (vii)  printed materials; or

    (viii)  postage.

    (i)  “Travel expenses” includes:

    (i)  political conference registration;

    (ii)  airfare;

    (iii)  hotels;

    (iv)  food, and related expenses, purchased for consumption during travel;

    (v)  vehicle mileage reimbursement; or

    (vi)  incidental expenses while traveling.
  • (2)  As it relates to an expenditure, a detailed listing includes identifying the expenditure as falling within one of the following categories:

    (a)  advertising;

    (b)  association expense;

    (c)  campaign expense;

    (d)  constituent services;

    (e)  donations;

    (f)  loans;

    (g)  office;

    (h)  political support;

    (i)  return of a contribution;

    (j)  signature gathering;

    (k)  supplies;

    (l)  travel expenses; or

    (m)  other expenditures that do not fall within a category described in Subsections (2)(a) through (l), followed by a description of the expenditure.

    (3)  The director of elections, within the Lieutenant Governor’s Office, may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in relation to the form, type, and level of detail required in a detailed listing or a financial disclosure form.

    Amended by Chapter 20, 2021 General Session