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
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
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
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-11-101
Legislative office: means the office of state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
Legislative office candidate: means a person who:
(a)
files a declaration of candidacy for the office of state senator or state representative;
(b)
declares oneself to be a candidate for, or actively campaigns for, the position of speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant whip of any party caucus in either house of the Legislature; or
(c)
receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination, election, or appointment to a legislative office. 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 campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
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
Public office: means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. 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
Receipts: means contributions and public service assistance. See Utah Code 20A-11-101
Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
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
Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
Vacancy: means :
(a)
except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
(b)
in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
(a)
“Campaign account” means a separate campaign account required under Subsection 20A-11-301(1)(a)(i) or (c)(i).
(b)
“Received” means:
(i)
for a cash contribution, that the cash is given to a legislative office candidate or a member of the legislative office candidate‘s personal campaign committee;
(ii)
for a contribution that is a negotiable instrument or check, that the negotiable instrument or check is negotiated;
(iii)
for a direct deposit made into a campaign account by a person not associated with the campaign, the earlier of:
(A)
the day on which the legislative office candidate or a member of the legislative office candidate’s personal campaign committee becomes aware of the deposit and the source of the deposit;
(B)
the day on which the legislative office candidate or a member of the legislative office candidate’s personal campaign committee receives notice of the deposit and the source of the deposit by mail, email, text, or similar means; or
(C)
31 days after the day on which the direct deposit occurs; or
(iv)
for any other type of contribution, that any portion of the contribution’s benefit inures to the legislative office candidate.
(2)
Except as provided in Subsection (3), each legislative office candidate shall file an interim report at the following times in any year in which the candidate has filed a declaration of candidacy for a public office:
(a)
(i)
seven days before the candidate’s political convention; or
(ii)
for an unaffiliated candidate, the fourth Saturday in March;
(b)
seven days before the regular primary election date;
(c)
September 30; and
(d)
seven days before the regular general election date.
(3)
If a legislative office candidate is a legislative office candidate seeking appointment for a midterm vacancy, the legislative office candidate:
(a)
shall file an interim report:
(i)
(A)
seven days before the day on which the political party of the party for which the legislative office candidate seeks nomination meets to declare a nominee for the governor to appoint in accordance with Section 20A-1-503; and
(B)
two days before the day on which the political party of the party for which the legislative office candidate seeks nomination meets to declare a nominee for the governor to appoint in accordance with Section 20A-1-503; or
(ii)
if the legislative office candidate decides to seek the appointment with less than seven days before the party meets, or the political party schedules the meeting to declare a nominee less than seven days before the day of the meeting, two days before the day on which the party meets; and
(b)
is not required to file an interim report at the times described in Subsection (2)(a).
(4)
Each interim report shall include the following information:
(a)
the net balance of the last summary report, if any;
(b)
a single figure equal to the total amount of receipts reported on all prior interim reports, if any, during the calendar year in which the interim report is due;
(c)
a single figure equal to the total amount of expenditures reported on all prior interim reports, if any, filed during the calendar year in which the interim report is due;
(d)
a detailed listing of:
(i)
for a legislative office candidate, each contribution received since the last summary report that has not been reported in detail on a prior interim report; or
(ii)
for a legislative officeholder, each contribution and public service assistance received since the last summary report that has not been reported in detail on a prior interim report;
(e)
for each nonmonetary contribution:
(i)
the fair market value of the contribution with that information provided by the contributor; and
(ii)
a specific description of the contribution;
(f)
a detailed listing of each expenditure made since the last summary report that has not been reported in detail on a prior interim report;
(g)
for each nonmonetary expenditure, the fair market value of the expenditure;
(h)
a net balance for the year consisting of the net balance from the last summary report, if any, plus all receipts since the last summary report minus all expenditures since the last summary report;
(i)
a summary page in the form required by the lieutenant governor that identifies:
(i)
beginning balance;
(ii)
total contributions and public service assistance received during the period since the last statement;
(iii)
total contributions and public service assistance received to date;
(iv)
total expenditures during the period since the last statement; and
(v)
total expenditures to date; and
(j)
the name of a political action committee for which the legislative office candidate or legislative officeholder is designated as an officer who has primary decision-making authority under Section 20A-11-601.
(5)
(a)
In preparing each interim report, all receipts and expenditures shall be reported as of five days before the required filing date of the report.
(b)
Any negotiable instrument or check received by a legislative office candidate or legislative officeholder more than five days before the required filing date of a report required by this section shall be included in the interim report.
