20A-11-1603.  Conflict of interest disclosure — Required when filing for candidacy — Public availability.

(1) 

Terms Used In Utah Code 20A-11-1603

  • 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
  • Conflict of interest: means an action that is taken by a regulated officeholder that the officeholder reasonably believes may cause direct financial benefit or detriment to the officeholder, a member of the officeholder's immediate family, or an individual or entity that the officeholder is required to disclose under the provisions of this section, if that benefit or detriment is distinguishable from the effects of that action on the public or on the officeholder's profession, occupation, or association generally. See Utah Code 20A-11-1602
  • Conflict of interest disclosure: means a disclosure, on the website, of all information required under Section 20A-11-1604. See Utah Code 20A-11-1602
  • Filing officer: means :
    (a) the lieutenant governor, for the office of a state constitutional officer or State Board of Education member; or
    (b) the lieutenant governor or the county clerk in the county of the candidate's residence, for a state legislative office. See Utah Code 20A-11-1602
  • Website: means the Candidate and Officeholder Conflict of Interest Disclosure Website described in Section 20A-11-1602. See Utah Code 20A-11-1602
  • Writing: includes :Utah Code 68-3-12.5
    • (a)  Except as provided in Subsection (1)(c), candidates seeking the following offices shall make a complete conflict of interest disclosure on the website at the time of filing a declaration of candidacy:

    (i)  state constitutional officer;

    (ii)  state legislator; or

    (iii)  State Board of Education member.

    (b)  A candidate who fails to comply with Subsection (1)(a) shall make a complete conflict of interest disclosure on the website no later than 5:00 p.m. on January 10.

    (c)  A candidate is not required to comply with Subsection (1)(a) if the candidate:

    (i)  currently holds the office for which the candidate is seeking reelection;

    (ii)  already, that same year, filed the conflict of interest disclosure for the office described in Subsection (1)(c)(i), in accordance Section 20A-11-1604; and

    (iii)  at the time the candidate files the declaration of candidacy, indicates, in writing, that the conflict of interest disclosure described in Subsection (1)(c)(ii) is updated and accurate as of the date of filing the declaration of candidacy.

    • (2)  Except as provided in Subsection (1)(c), a filing officer:

    (a)  shall provide electronic notice to a candidate who fails to comply with Subsection (1)(a) that the candidate must make a complete conflict of interest disclosure on the website no later than the deadline described in Subsection (1)(b); and

    (b)  may not accept a declaration of candidacy for an office listed in Subsection (1)(a) until the candidate makes a complete conflict of interest disclosure on the website.

    (3)  The conflict of interest disclosure described in Subsection (1)(a) shall contain the same requirements and shall be in the same format as the conflict of interest disclosure described in Section 20A-11-1604.

    (4)  The lieutenant governor shall make the complete conflict of interest disclosure made by each candidate available for public inspection on the website.

    Amended by Chapter 45, 2023 General Session

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