20A-11-103.  Notice of pending interim and summary reports — Form of submission — Public availability — Notice of reporting and filing requirements.

(1) 

Terms Used In Utah Code 20A-11-103

  • Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
  • 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
  • Chief election officer: means :
    (a) the lieutenant governor for state office candidates, legislative office candidates, officeholders, political parties, political action committees, corporations, political issues committees, state school board candidates, judges, and labor organizations, as defined in Section 20A-11-1501; and
    (b) the county clerk for local school board candidates. 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
  • Election: means each:
    (a) regular general election;
    (b) regular primary election; and
    (c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
  • Election officer: means :
    (a) the lieutenant governor, for all statewide ballots and elections;
    (b) the county clerk for:
    (i) a county ballot and election; and
    (ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102
  • Filing entity: means the reporting entity that is required to file a financial statement required by this chapter or 2. See Utah Code 20A-11-101
  • 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
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • 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
  • 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)  Except as provided under Subsection (1)(b), 10 days before an interim report or summary report is due under this chapter or 2, the chief election officer shall inform the filing entity by electronic mail unless postal mail is requested:

    (i)  that the financial statement is due;

    (ii)  of the date that the financial statement is due; and

    (iii)  of the penalty for failing to file the financial statement.

    (b)  The chief election officer is not required to provide notice:

    (i)  to a candidate or political party of the financial statement that is due before the candidate’s or political party’s political convention;

    (ii)  of a financial statement due in connection with a public hearing for an initiative under the requirements of Section 20A-7-204.1; or

    (iii)  to a corporation or labor organization, as defined in Section 20A-11-1501.

    (2)  A filing entity shall electronically file a financial statement via electronic mail or the Internet according to specifications established by the chief election officer.

    (3) 

    (a)  A financial statement is considered timely filed if the financial statement is received by the chief election officer’s office before midnight, Mountain Time, at the end of the day on which the financial statement is due.

    (b)  For a county clerk’s office that is not open until midnight at the end of the day on which a financial statement is due, the county clerk shall permit a candidate to file the financial statement via email or another electronic means designated by the county clerk.

    (c)  A chief election officer may extend the time in which a filing entity is required to file a financial statement if a filing entity notifies the chief election officer of the existence of an extenuating circumstance that is outside the control of the filing entity.

    (4)  Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access and Management Act, the lieutenant governor 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)  post an electronic copy or the contents of each financial statement in a searchable format on a website established by the lieutenant governor:

    (i)  for campaign finance statements submitted to the lieutenant governor under the requirements of Section 10-3-208 or Section 17-16-6.5, no later than seven business days after the date of receipt of the campaign finance statement; or

    (ii)  for a summary report or interim report filed under the requirements of this chapter or 2, no later than three business days after the date the summary report or interim report is electronically filed.

    (5)  If a municipality, under Section 10-3-208, or a county, under Section 17-16-6.5, elects to provide campaign finance disclosure on its own website, rather than through the lieutenant governor, the website established by the lieutenant governor shall contain a link or other access point to the municipality or county website.

    (6)  Between January 1 and January 15 of each year, the chief election officer shall provide notice, by postal mail or email, to each filing entity for which the chief election officer has a physical or email address, of the reporting and filing requirements described in this chapter.

    Amended by Chapter 16, 2016 General Session