Utah Statutes § 20A-11-301 Legislative office - Campaign finance requirements - Candidate as a political action committee officer - No personal use - Contribution reporting deadline - Report other accounts - Anonymous contributionsVersion dated Oct. 30, 2024
This is an older version of § 20A-11-301 Legislative office - Campaign finance requirements - Candidate as a political action committee officer - No personal use - Contribution reporting deadline - Report other accounts - Anonymous contributions which we archived on October 30, 2024.
Statute Text
(1)
(a)
(i)
Each legislative 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 legislative 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 legislative office candidate or the candidate's personal campaign committee 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 legislative 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 legislative 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 legislative officeholder or the legislative officeholder's personal campaign committee may not use money deposited in an account described in Subsection (1)(c)(i) for:
(i)
a personal use expenditure; or
(ii)
an expenditure prohibited by law.
(2)
(a)
A legislative office candidate may not deposit or mingle any contributions received into a personal or business account.
(b)
A legislative officeholder may not deposit or mingle any contributions or public service assistance received into a personal or business account.
(3)
If a person who is no longer a legislative 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-11-302
until the statement of dissolution and final summary report required by Section
20A-11-304
are filed with the lieutenant governor.
(4)
(a)
Except as provided in Subsection (4)(b) and Section
20A-11-402
, a person who is no longer a legislative office candidate may not expend or transfer the money in a campaign account in a manner that would cause the former legislative office candidate to recognize the money as taxable income under federal tax law.
(b)
A person who is no longer a legislative office candidate may transfer the money in a campaign account in a manner that would cause the former legislative 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.
(5)
(a)
As used in this Subsection (5), "received" means the same as that term is defined in Subsection
20A-11-303
(1)(b)
.
(b)
Each legislative office candidate shall report to the lieutenant governor each contribution received by the legislative office candidate:
(i)
except as provided in Subsection (5)(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 legislative 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 legislative 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 legislative 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)
Except as provided in Subsection (5)(d), for each contribution that a legislative office candidate fails to report within the time period described in Subsection (5)(b), the lieutenant governor shall impose a fine against the legislative office candidate in an amount equal to:
(i)
10% of the amount of the contribution, if the legislative office candidate reports the contribution within 60 days after the day on which the time period described in Subsection (5)(b) ends; or
(ii)
20% of the amount of the contribution, if the legislative office candidate fails to report the contribution within 60 days after the day on which the time period described in Subsection (5)(b) ends.
(d)
The lieutenant governor may waive the fine described in Subsection (5)(c) and issue a warning to the legislative office candidate if:
(i)
the contribution that the legislative office candidate fails to report is paid by the legislative office candidate from the legislative office candidate's personal funds;
(ii)
the legislative office candidate has not previously violated Subsection (5)(c) in relation to a contribution paid by the legislative office candidate from the legislative office candidate's personal funds; and
(iii)
the lieutenant governor determines that the failure to timely report the contribution is due to the legislative office candidate not understanding that the reporting requirement includes a contribution paid by a legislative office candidate from the legislative office candidate's personal funds.
(e)
The lieutenant governor shall:
(i)
deposit money received under Subsection (5)(c) into the General Fund; and
(ii)
report on the lieutenant governor's website, in the location where reports relating to each legislative office candidate are available for public access:
(A)
each fine imposed by the lieutenant governor against the legislative 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.
(6)
Within 31 days after receiving a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, a legislative office candidate 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.
(7)
(a)
As used in this Subsection (7), "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 legislative office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a legislative office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.
(b)
A legislative 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.
History
Amended by Chapter 20 , 2021 General Session , § 8 , eff. 3/5/2021 .
Amended by Chapter 74 , 2019 General Session , § 7 , eff. 5/14/2019 .
Amended by Chapter 83 , 2018 General Session , § 2 , eff. 5/8/2018 .
Amended by Chapter 21 , 2015 General Session , § 5 , eff. 5/12/2015 .
Amended by Chapter 127 , 2015 General Session , § 2 , eff. 5/12/2015 .
Amended by Chapter 335 , 2014 General Session , § 3 , eff. 4/1/2014 .
Amended by Chapter 230 , 2012 General Session , § 5 , eff. 3/20/2012 .
Amended by Chapter 347, 2011 General Session