Utah Code 20A-11-201. State office — Separate bank account for campaign funds — No personal use — State office candidate reporting deadline — Report other accounts — Anonymous contributions
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Terms Used In Utah Code 20A-11-201
- Candidate: means any person who:(4)(a) files a declaration of candidacy for a public office; or(4)(b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
- Contribution: means any of the following when done for political purposes:
(6)(a)(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;(6)(a)(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 filing entity;(6)(a)(iii) any transfer of funds from another reporting entity to the filing entity;(6)(a)(iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;(6)(a)(v) remuneration from:(6)(a)(v)(A) any organization or its directly affiliated organization that has a registered lobbyist; or(6)(a)(v)(B) any agency or subdivision of the state, including school districts;(6)(a)(vi) a loan made by a candidate deposited to the candidate's own campaign; and(6)(a)(vii) in-kind contributions. See Utah Code 20A-11-101- Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
- Election: means each:
(13)(a) regular general election;(13)(b) regular primary election; and(13)(c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101- 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:
(15)(a)(i) any disbursement from contributions, receipts, or from the separate bank account required by this chapter;(15)(a)(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;(15)(a)(iii) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;(15)(a)(iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;(15)(a)(v) a transfer of funds between the filing entity and a candidate's personal campaign committee;(15)(a)(vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value; or(15)(a)(vii) an independent expenditure, as defined in Section20A-11-1702 . See Utah Code 20A-11-101- Federal office: means the office of president of the United States, United States Senator, or United States Representative. See Utah Code 20A-11-101
- Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention Elections. See Utah Code 20A-11-101
- Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
- Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section
20A-11-1501 . See Utah Code 20A-11-101- Personal campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
- Personal use expenditure: includes :
(1)(b)(i) a mortgage, rent, utility, or vehicle payment;(1)(b)(ii) a household food item or supply;(1)(b)(iii) a clothing expense, except:(1)(b)(iii)(A) clothing bearing the candidate's name or campaign slogan or logo that is used in the candidate's campaign;(1)(b)(iii)(B) clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the officeholder represents or of which the officeholder is a member; or(1)(b)(iii)(C) repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;(1)(b)(iv) an admission to a sporting, artistic, or recreational event or other form of entertainment;(1)(b)(v) dues, fees, or gratuities at a country club, health club, or recreational facility;(1)(b)(vi) a salary payment made to:(1)(b)(vi)(A) a candidate or officeholder; or(1)(b)(vi)(B) a person who has not provided a bona fide service to a candidate or officeholder;(1)(b)(vii) a vacation;(1)(b)(viii) a vehicle expense;(1)(b)(ix) a meal expense;(1)(b)(x) a travel expense;(1)(b)(xi) a payment of an administrative, civil, or criminal penalty;(1)(b)(xii) a satisfaction of a personal debt;(1)(b)(xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;(1)(b)(xiv) a membership fee for a professional or service organization; and(1)(b)(xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 20A-11-104- Primary election: means any regular primary election held under the election laws. See Utah Code 20A-11-101
- Public service assistance: means the following when given or provided to an officeholder to defray the costs of functioning in a public office or aid the officeholder to communicate with the officeholder's constituents:
(47)(a)(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to an officeholder; or(47)(a)(ii) goods or services provided at less than fair market value to or for the benefit of the officeholder. See Utah Code 20A-11-101- Source: means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution. See Utah Code 20A-11-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State office: means the offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-11-101
- State office candidate: means a person who:
(58)(a) files a declaration of candidacy for a state office; or(58)(b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination, election, or appointment to a state office. See Utah Code 20A-11-101- Statute: A law passed by a legislature.
- Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
(1)(a) Each state office candidate or the candidate’s personal campaign committee shall deposit each contribution received in one or more separate campaign accounts in a financial institution.(1)(b) A state office candidate or a candidate’s personal campaign committee may not use money deposited in a campaign account for:(1)(b)(i) a personal use expenditure; or(1)(b)(ii) an expenditure prohibited by law.(1)(c) Each state officeholder or the state officeholder’s personal campaign committee shall deposit each contribution and public service assistance received in one or more separate campaign accounts in a financial institution.(1)(d) A state officeholder or a state officeholder’s personal campaign committee may not use money deposited in a campaign account for:(1)(d)(i) a personal use expenditure; or(1)(d)(ii) an expenditure prohibited by law.(2)(2)(a) A state office candidate or the candidate’s personal campaign committee may not deposit or mingle any contributions received into a personal or business account.(2)(b) A state officeholder or the state officeholder’s personal campaign committee 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 state office 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-11-203 until the statement of dissolution and final summary report required by Section 20A-11-205 are filed with the lieutenant governor.(4)(4)(a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who is no longer a state office candidate may not expend or transfer the money in a campaign account in a manner that would cause the former state office candidate to recognize the money as taxable income under federal tax law.(4)(b) A person who is no longer a state office candidate may transfer the money in a campaign account in a manner that would cause the former state 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)(5)(a) As used in this Subsection (5), “received” means the same as that term is defined in Subsection 20A-11-204(1)(b).(5)(b) Each state office candidate shall report to the lieutenant governor each contribution received by the state office candidate:(5)(b)(i) except as provided in Subsection (5)(b)(ii), within 31 days after the day on which the contribution is received; or(5)(b)(ii) within seven business days after the day on which the contribution is received, if:(5)(b)(ii)(A) the state office candidate is contested in a convention and the contribution is received within 30 days before the day on which the convention is held;(5)(b)(ii)(B) the state 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(5)(b)(ii)(C) the state 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.(5)(c) Except as provided in Subsection (5)(d), for each contribution that a state office candidate fails to report within the time period described in Subsection (5)(b), the lieutenant governor shall impose a fine against the state office candidate in an amount equal to:(5)(c)(i) 10% of the amount of the contribution, if the state office candidate reports the contribution within 60 days after the day on which the time period described in Subsection (5)(b) ends; or(5)(c)(ii) 20% of the amount of the contribution, if the state office candidate fails to report the contribution within 60 days after the day on which the time period described in Subsection (5)(b) ends.(5)(d) The lieutenant governor may waive the fine described in Subsection (5)(c) and issue a warning to the state office candidate if:(5)(d)(i) the contribution that the state office candidate fails to report is paid by the state office candidate from the state office candidate’s personal funds;(5)(d)(ii) the state office candidate has not previously violated Subsection (5)(c) in relation to a contribution paid by the state office candidate from the state office candidate’s personal funds; and(5)(d)(iii) the lieutenant governor determines that the failure to timely report the contribution is due to the state office candidate not understanding that the reporting requirement includes a contribution paid by a state office candidate from the state office candidate’s personal funds.(5)(e) The lieutenant governor shall:(5)(e)(i) deposit money received under Subsection (5)(c) into the General Fund; and(5)(e)(ii) report on the lieutenant governor’s website, in the location where reports relating to each state office candidate are available for public access:(5)(e)(ii)(A) each fine imposed by the lieutenant governor against the state office candidate;(5)(e)(ii)(B) the amount of the fine;(5)(e)(ii)(C) the amount of the contribution to which the fine relates; and(5)(e)(ii)(D) the date of the contribution.(6)(6)(a) As used in this Subsection (6), “account” means an account in a financial institution:(6)(a)(i) that is not described in Subsection (1)(a); and(6)(a)(ii) into which or from which a person who, as a candidate for an office, other than the state office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a state office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.(6)(b) A state office candidate shall include on any financial statement filed in accordance with this part:(6)(b)(i) a contribution deposited in an account:(6)(b)(i)(A) since the last campaign finance statement was filed; or(6)(b)(i)(B) that has not been reported under a statute or ordinance that governs the account; or(6)(b)(ii) an expenditure made from an account:(6)(b)(ii)(A) since the last campaign finance statement was filed; or(6)(b)(ii)(B) that has not been reported under a statute or ordinance that governs the account.(7) Within 31 days after receiving a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, a state 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. - Contribution: means any of the following when done for political purposes: