20A-11-103 (Superseded 01/01/11) - Notice of pending interim and summary reports -- Form of submission -- Public availability -- Notice of local filings.
20A-11-103 (Superseded 01/01/11). Notice of pending interim and summaryreports -- Form of submission -- Public availability -- Notice of local filings.
(1) (a) Except as provided under Subsection (1)(b), 10 days before a financial statementfrom a state office candidate, legislative office candidate, officeholder, state school boardcandidate, political party, political action committee, political issues committee, or judge is dueunder this chapter, the lieutenant governor shall inform those candidates, officeholders, parties,committees, and judges by postal mail or, if requested by the candidate, officeholder, party,committee, or judge, by electronic mail:
(i) that the financial statement is due;
(ii) the date that the financial statement is due;
(iii) if the notification is sent to a judge in reference to the interim report due before theregular general election, or to a candidate in reference to an interim report due before the regularprimary election, on August 31, or before the regular general election, that if the report is nottimely filed, voters will be informed that the candidate or judge has been disqualified and anyvotes cast for the candidate or judge will not be counted;
(iv) if the notification is sent to a political party, political action committee, or politicalissues committee in reference to an interim report or a verified financial statement, that the entitymay be guilty of a class B misdemeanor for failing to file the report or statement; and
(v) if the notification is in reference to a summary report, that the candidate, officeholder,party, committee, or judge may be guilty of a class B misdemeanor for failing to file the report.
(b) Notwithstanding the provisions of Subsection (1)(a), under this section the lieutenantgovernor is not required to provide notice:
(i) to a candidate of the financial statement that is due before the candidate's politicalconvention; or
(ii) of a financial statement due in connection with a public hearing for an initiativeunder the requirements of Section 20A-7-204.1.
(c) Ten days before an interim or summary report from a local school board candidate isdue under this chapter, the county clerk shall inform the candidate by postal mail or, if requested,by electronic mail:
(i) that the report is due;
(ii) the date that the report is due;
(iii) if the notification is in reference to an interim report due before the regular primaryelection, on August 31, or before the regular general election, that, if the report is not timelyfiled, voters will be informed that the candidate has been disqualified and any votes cast for thecandidate will not be counted; and
(iv) if the notification is in reference to a summary report, that the candidate may beguilty of a class B misdemeanor for failing to file the report.
(2) Persons or entities submitting financial statements required by this chapter maysubmit them:
(a) on paper, printed, typed, or legibly handwritten or hand printed;
(b) on a computer disk according to specifications established by the chief electionofficer that protect against fraudulent filings and secure the accuracy of the information containedon the computer disk;
(c) via fax; or
(d) via electronic mail or the Internet, according to specifications established by the chief
election officer.
(3) A financial statement is considered timely filed if:
(a) it is received in the chief election officer's office no later than 5:00 p.m. on the datethat it is due;
(b) it is received in the chief election officer's office with a postmark three days or morebefore the date that the financial statement was due; or
(c) the candidate, judge, or entity has proof that the financial statement was mailed, withappropriate postage and addressing, three days before the financial statement was due.
(4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records Accessand Management Act, the lieutenant governor 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) post an electronic copy or the contents of each campaign finance statement on awebsite established by the lieutenant governor:
(i) for campaign finance statements submitted to the lieutenant governor under therequirements of Section 10-3-208 or Section 17-16-6.5, no later than seven business days afterthe date of receipt of the campaign finance statement; or
(ii) for a campaign finance statement filed under the requirements of this chapter, no laterthan seven business days after the date the statement is due.
(5) If a municipality, under Section 10-3-208, or a county, under Section 17-16-6.5,elects to provide campaign finance disclosure on its own website, rather than through thelieutenant governor, the website established by the lieutenant governor shall contain a link orother access point to the municipality or county website.
Amended by Chapter 14, 2008 General Session
Amended by Chapter 49, 2008 General Session