20A-12-303.  Separate account for campaign funds — Reporting contributions.

(1)  The judge or the judge’s personal campaign committee shall deposit each contribution in one or more separate personal campaign accounts in a financial institution.

Terms Used In Utah Code 20A-12-303

  • 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 judge or the judge's personal campaign committee;
(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 judge or the judge's personal campaign committee;
(iii) any transfer of funds from another reporting entity or a corporation to the judge or the judge's personal campaign committee;
(iv) compensation paid by any person or reporting entity other than the judge or the judge's personal campaign committee for personal services provided without charge to the judge or the judge's personal campaign committee; and
(v) goods or services provided to or for the benefit of the judge or the judge's personal campaign committee at less than fair market value. See Utah Code 20A-12-301
  • Personal campaign committee: means the committee appointed by a judge to act for the judge as provided in this chapter. See Utah Code 20A-12-301
    • (2)  The judge or the judge’s personal campaign committee may not deposit or mingle any contributions received into a personal or business account.

    (3) 

    (a)  As used in this Subsection (3) and Section 20A-12-305, “received” means:

    (i)  for a cash contribution, that the cash is given to a judge or the judge’s personal campaign committee;

    (ii)  for a contribution that is a negotiable instrument or check, that the negotiable instrument or check is negotiated; and

    (iii)  for any other type of contribution, that any portion of the contribution’s benefit inures to the judge.

    (b)  The judge or the judge’s personal campaign committee shall report to the lieutenant governor each contribution received by the judge, within 31 days after the day on which the contribution is received.

    (c)  For each contribution that a judge fails to report within the time period described in Subsection (3)(b), the lieutenant governor shall impose a fine against the judge in an amount equal to:

    (i)  10% of the amount of the contribution if the judge reports the contribution within 60 days after the day on which the time period described in Subsection (3)(b) ends; or

    (ii)  20% of the amount of the contribution, if the judge fails to report the contribution within 60 days after the day on which the time period described in Subsection (3)(b) ends.

    (d)  The lieutenant governor shall:

    (i)  deposit money received under Subsection (3)(c) into the General Fund; and

    (ii)  report on the lieutenant governor’s website, in the location where reports relating to each judge are available for public access:

    (A)  each fine imposed by the lieutenant governor against the judge;

    (B)  the amount of the fine;

    (C)  the amount of the contribution to which the fine relates; and

    (D)  the date of the contribution.

    (4)  Within 31 days after receiving a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, a judge or the judge’s personal campaign committee shall disburse the amount of the contribution to an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.

    Amended by Chapter 20, 2021 General Session

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