Utah Code 20A-11-1301. School board office — Campaign finance requirements — Candidate as a political action committee officer — No personal use — Contribution reporting deadline — Report other accounts — Anonymous contributions
20A-11-1301. School board office — Campaign finance requirements — Candidate as a political action committee officer — No personal use — Contribution reporting deadline — Report other accounts — Anonymous contributions.
(1)
Terms Used In Utah Code 20A-11-1301
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
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
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
Federal office: means the office of president of the United States, United States Senator, or United States Representative. 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
Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
Personal use expenditure: includes :
(i)
a mortgage, rent, utility, or vehicle payment;
(ii)
a household food item or supply;
(iii)
a clothing expense, except:
(A)
clothing bearing the candidate's name or campaign slogan or logo that is used in the candidate's campaign; or
(B)
repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;
(iv)
an 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 candidate or officeholder; or
(B)
a person who has not provided a bona fide service to a candidate or officeholder;
(vii)
a vacation;
(viii)
a vehicle expense;
(ix)
a meal expense;
(x)
a travel expense;
(xi)
a payment of an administrative, civil, or criminal penalty;
(xii)
a 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 20A-11-104
Political action committee: includes groups affiliated with a registered political party but not authorized or organized by the governing board of the registered political party that receive contributions or makes expenditures for political purposes. See Utah Code 20A-11-101
Primary election: means any regular primary election held under the election laws. See Utah Code 20A-11-101
Public service assistance: means the following when given or provided to an officeholder to defray the costs of functioning in a public office or aid the officeholder to communicate with the officeholder's constituents:
(i)
a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to an officeholder; or
(ii)
goods or services provided at less than fair market value to or for the benefit of the officeholder. See Utah Code 20A-11-101
School board office: means the office of state school board. See Utah Code 20A-11-101
Source: means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution. See Utah Code 20A-11-101
Statute: A law passed by a legislature.
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)
(i)
Each school board office candidate shall deposit each contribution received in one or more separate accounts in a financial institution that are dedicated only to that purpose.
(ii)
A school board office candidate may:
(A)
receive a contribution from a political action committee registered under Section 20A-11-601; and
(B)
be designated by a political action committee as an officer who has primary decision-making authority as described in Section 20A-11-601.
(b)
A school board office candidate may not use money deposited in an account described in Subsection (1)(a)(i) for:
(i)
a personal use expenditure; or
(ii)
an expenditure prohibited by law.
(c)
(i)
Each school board officeholder shall deposit each contribution and public service assistance received in one or more separate accounts in a financial institution that are dedicated only to that purpose.
(ii)
A school board officeholder may:
(A)
receive a contribution or public service assistance from a political action committee registered under Section 20A-11-601; and
(B)
be designated by a political action committee as an officer who has primary decision-making authority as described in Section 20A-11-601.
(d)
A school board officeholder may not use money deposited in an account described in Subsection (1)(a)(i) or (1)(c)(i) for:
(i)
a personal use expenditure; or
(ii)
an expenditure prohibited by law.
(2)
(a)
A school board office candidate may not deposit or mingle any contributions received into a personal or business account.
(b)
A school board officeholder may not deposit or mingle any contributions or public service assistance received into a personal or business account.
(3)
A school board office candidate or school board officeholder may not make any political expenditures prohibited by law.
(4)
If a person who is no longer a school board office candidate chooses not to expend the money remaining in a campaign account, the person shall continue to file the year-end summary report required by Section 20A-11-1302 until the statement of dissolution and final summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
(5)
(a)
Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who is no longer a school board office candidate may not expend or transfer the money in a campaign account in a manner that would cause the former school board office candidate to recognize the money as taxable income under federal tax law.
(b)
A person who is no longer a school board office candidate may transfer the money in a campaign account in a manner that would cause the former school board office candidate to recognize the money as taxable income under federal tax law if the transfer is made to a campaign account for federal office.
(6)
(a)
As used in this Subsection (6), “received” means the same as that term is defined in Subsection 20A-11-1303(1)(a).
(b)
Except as provided in Subsection (6)(d), each school board office candidate shall report to the chief election officer each contribution received by the school board office candidate:
(i)
except as provided in Subsection (6)(b)(ii), within 31 days after the day on which the contribution is received; or
(ii)
within seven business days after the day on which the contribution is received, if:
(A)
the school board office candidate is contested in a convention and the contribution is received within 30 days before the day on which the convention is held;
(B)
the school board office candidate is contested in a primary election and the contribution is received within 30 days before the day on which the primary election is held; or
(C)
the school board office candidate is contested in a general election and the contribution is received within 30 days before the day on which the general election is held.
(c)
For each contribution that a school board office candidate fails to report within the time period described in Subsection (6)(b), the chief election officer shall impose a fine against the school board office candidate in an amount equal to:
(i)
10% of the amount of the contribution, if the school board office candidate reports the contribution within 60 days after the day on which the time period described in Subsection (6)(b) ends; or
(ii)
20% of the amount of the contribution, if the school board office candidate fails to report the contribution within 60 days after the day on which the time period described in Subsection (6)(b) ends.
(d)
The lieutenant governor may waive the fine described in Subsection (6)(c) and issue a warning to the school board office candidate if:
(i)
the contribution that the school board office candidate fails to report is paid by the school board office candidate from the school board office candidate’s personal funds;
(ii)
the school board office candidate has not previously violated Subsection (6)(c) in relation to a contribution paid by the school board office candidate from the school board office candidate’s personal funds; and
(iii)
the lieutenant governor determines that the failure to timely report the contribution is due to the school board office candidate not understanding that the reporting requirement includes a contribution paid by a school board office candidate from the school board office candidate’s personal funds.
(e)
The chief election officer shall:
(i)
deposit money received under Subsection (6)(c) into the General Fund; and
(ii)
report on the chief election officer’s website, in the location where reports relating to each school board office candidate are available for public access:
(A)
each fine imposed by the chief election officer against the school board office candidate;
(B)
the amount of the fine;
(C)
the amount of the contribution to which the fine relates; and
(D)
the date of the contribution.
(7)
Within 31 days after receiving a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, a school board office candidate shall disburse the contribution to an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.
(8)
(a)
As used in this Subsection (8), “account” means an account in a financial institution:
(i)
that is not described in Subsection (1)(a)(i); and
(ii)
into which or from which a person who, as a candidate for an office, other than a school board office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a school board office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.
(b)
A school board office candidate shall include on any financial statement filed in accordance with this part:
(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
(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.
