Utah Code 20A-11-1706. Penalties

20A-11-1706. Penalties.

(1)	The chief election officer shall impose a $100 fine against an individual who fails to file an independent expenditure report, that includes the information required for the report, within the time period required by this part.

Terms Used In Utah Code 20A-11-1706

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

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

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

Independent expenditure: includes :

(i)	the cost of creating and disseminating material for a public communication, including design and production costs; and

(ii)

a contract or other promise to make an expenditure described in Subsection (2)(a) or (2)(b)(i). See Utah Code 20A-11-1702

Individual: means a natural person. 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

(2)

The chief election officer shall impose a $1000 fine against a person who is not an individual who fails to file an independent expenditure report, that includes the information required for the report, within the time period required by this part.

(3)	The chief election officer shall deposit fines collected under this chapter into the General Fund.

Amended by Chapter 20, 2021 General Session

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