17-16-6.5 - Campaign financial disclosure in county elections.
17-16-6.5. Campaign financial disclosure in county elections.
(1) (a) By January 1, 1996, each county shall adopt an ordinance establishing campaignfinance disclosure requirements for candidates for county office.
(b) The ordinance shall include:
(i) a requirement that each candidate for county office report his itemized and totalcampaign contributions and expenditures at least once within the two weeks before the electionand at least once within two months after the election;
(ii) a definition of "contribution" and "expenditure" that requires reporting ofnonmonetary contributions such as in-kind contributions and contributions of tangible things;and
(iii) a requirement that the financial reports identify:
(A) for each contribution of more than $50, the name of the donor of the contribution andthe amount of the contribution; and
(B) for each expenditure, the name of the recipient and the amount of the expenditure.
(2) (a) Except as provided in Subsection (2)(b), if any county fails to adopt a campaignfinance disclosure ordinance by January 1, 1996, candidates for county office shall comply withthe financial reporting requirements contained in Subsections (3) through (6).
(b) If, after August 1, 1995, any county adopts a campaign finance ordinance meeting therequirements of Subsection (1), that county need not comply with the requirements ofSubsections (3) through (6).
(3) (a) Except as provided in Subsection (3)(b), and if there is no county ordinancemeeting the requirements of this section, each candidate for elective office in any county who isnot required to submit a campaign financial statement to the lieutenant governor shall file asigned campaign financial statement with the county clerk:
(i) seven days before the date of the regular general election, reporting each contributionof more than $50 and each expenditure as of 10 days before the date of the regular generalelection; and
(ii) no later than 30 days after the date of the regular general election.
(b) Candidates for community council offices are exempt from the requirements of thissection.
(4) (a) The statement filed seven days before the regular general election shall include:
(i) a list of each contribution of more than $50 received by the candidate, and the nameof the donor;
(ii) an aggregate total of all contributions of $50 or less received by the candidate; and
(iii) a list of each expenditure for political purposes made during the campaign period,and the recipient of each expenditure.
(b) The statement filed 30 days after the regular general election shall include:
(i) a list of each contribution of more than $50 received after the cutoff date for thestatement filed seven days before the election, and the name of the donor;
(ii) an aggregate total of all contributions of $50 or less received by the candidate afterthe cutoff date for the statement filed seven days before the election; and
(iii) a list of all expenditures for political purposes made by the candidate after the cutoffdate for the statement filed seven days before the election, and the recipient of each expenditure.
(5) Candidates for elective office in any county who are eliminated at a primary electionshall file a signed campaign financial statement containing the information required by this
section not later than 30 days after the primary election.
(6) Any person who fails to comply with this section is guilty of an infraction.
(7) Counties may, by ordinance, enact requirements that:
(a) require greater disclosure of campaign contributions and expenditures; and
(b) impose additional penalties.
(8) (a) If a candidate fails to file an interim report due before the election, the countyclerk shall, after making a reasonable attempt to discover if the report was timely mailed, informthe appropriate election officials who:
(i) shall, if practicable, remove the name of the candidate by blacking out the candidate'sname before the ballots are delivered to voters; or
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform thevoters by any practicable method that the candidate has been disqualified and that votes cast forthe candidate will not be counted; and
(iii) may not count any votes for that candidate.
(b) Notwithstanding Subsection (8)(a), a candidate is not disqualified if:
(i) the candidate files the reports required by this section;
(ii) those reports are completed, detailing accurately and completely the informationrequired by this section except for inadvertent omissions or insignificant errors or inaccuracies;and
(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in thenext scheduled report.
(c) A report is considered filed if:
(i) it is received in the county clerk's office no later than 5 p.m. on the date that it is due;
(ii) it is received in the county clerk's office with a U.S. Postal Service postmark threedays or more before the date that the report was due; or
(iii) the candidate has proof that the report was mailed, with appropriate postage andaddressing, three days before the report was due.
(9) (a) Any private party in interest may bring a civil action in district court to enforce theprovisions of this section or any ordinance adopted under this section.
(b) In a civil action filed under Subsection (9)(a), the court shall award costs andattorney's fees to the prevailing party.
(10) Notwithstanding any provision of Title 63G, Chapter 2, Government RecordsAccess and Management Act, the county clerk shall:
(a) make each campaign finance statement filed by a candidate available for publicinspection and copying no later than one business day after the statement is filed; and
(b) make the campaign finance statement filed by a candidate available for publicinspection by:
(i) (A) posting an electronic copy or the contents of the statement on the county's websiteno later than seven business days after the statement is filed; and
(B) verifying that the address of the county's website has been provided to the lieutenantgovernor in order to meet the requirements of Subsection 20A-11-103(5); or
(ii) submitting a copy of the statement to the lieutenant governor for posting on thewebsite established by the lieutenant governor under Section 20A-11-103 no later than twobusiness days after the statement is filed.
Amended by Chapter 49, 2008 General Session