(1) A county office candidate, county officer, local school board candidate, or local school board member may not use money deposited into the separate bank account required under Section 17-16-6.5 for:

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Terms Used In Utah Code 17-16-203

  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • County office: means an office described in Section 17-53-101 that is required to be filled by an election. See Utah Code 17-16-202
  • County office candidate: means an individual who:
         (3)(a) files a declaration of candidacy for a county office; or
         (3)(b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a county office. See Utah Code 17-16-202
  • County officer: means an individual who holds a county office. See Utah Code 17-16-202
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
              (5)(a)(i) any disbursement from contributions, receipts, or the separate bank account required under Section Utah Code 17-16-202
  • Local school board candidate: means an individual who:
         (8)(a) files a declaration of candidacy for local school board; or
         (8)(b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a local school board. See Utah Code 17-16-202
  • Personal use expenditure: includes :
              (9)(b)(i) a mortgage, rent, utility, or vehicle payment;
              (9)(b)(ii) a household food item or supply;
              (9)(b)(iii) a clothing expense, except:
                   (9)(b)(iii)(A) clothing bearing the county office candidate's or local school board candidate's name or campaign slogan or logo that is used in the county office candidate's or local school board candidate's campaign;
                   (9)(b)(iii)(B) clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the county officer or local school board member represents or of which the county officer or local school board member is a member;
                   (9)(b)(iii)(C) repair or replacement of clothing that is damaged while the county office candidate or county officer is engaged in an activity of a county office candidate or county officer; or
                   (9)(b)(iii)(D) repair or replacement of clothing that is damaged while the local school board candidate or local school board member is engaged in an activity of a local school board candidate or local school board member;
              (9)(b)(iv) admission to a sporting, artistic, or recreational event or other form of entertainment;
              (9)(b)(v) dues, fees, or gratuities at a country club, health club, or recreational facility;
              (9)(b)(vi) a salary payment made to:
                   (9)(b)(vi)(A) a county office candidate, county officer, local school board candidate, or local school board member; or
                   (9)(b)(vi)(B) a person who has not provided a bona fide service to a county candidate, county officer, local school board candidate, or local school board member;
              (9)(b)(vii) a vacation;
              (9)(b)(viii) a vehicle expense;
              (9)(b)(ix) a meal expense;
              (9)(b)(x) a travel expense;
              (9)(b)(xi) payment of an administrative, civil, or criminal penalty;
              (9)(b)(xii) satisfaction of a personal debt;
              (9)(b)(xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;
              (9)(b)(xiv) a membership fee for a professional or service organization; and
              (9)(b)(xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 17-16-202
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
     (1)(a) a personal use expenditure; or
     (1)(b) an expenditure prohibited by law.
(2)

     (2)(a) A county clerk shall enforce this section prohibiting a personal use expenditure by:

          (2)(a)(i) evaluating a financial statement to identify a personal use expenditure; and
          (2)(a)(ii) commencing an adjudicative proceeding in accordance with applicable county ordinance or policy if the county clerk has probable cause to believe a county office candidate, county officer, local school board candidate, or local school board member has made a personal use expenditure.
     (2)(b) Following the proceeding, the county clerk may issue a signed order requiring a county office candidate, county officer, local school board candidate, or local school board member who has made a personal use expenditure to:

          (2)(b)(i) remit an administrative penalty of an amount equal to 50% of the personal use expenditure to the county clerk; and
          (2)(b)(ii) deposit the amount of the personal use expenditure in the campaign account from which the personal use expenditure was disbursed.
     (2)(c) The county clerk shall deposit money received under Subsection (2)(b)(i) into the county’s general fund.
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