Bill Summary – FastDemocracy

Enrolled Copy                                                                             H.B. 69
                                 ELECTION MODIFICATIONS
                                        2023 GENERAL SESSION
                                            STATE OF UTAH
                             Chief Sponsor: Calvin R. Musselman
                                Senate Sponsor: David G. Buxton
 6
 LONG TITLE
 General Description:
        This bill modifies provisions of the Election Code.
 Highlighted Provisions:
        This bill:
        < authorizes a municipal clerk and the lieutenant governor to receive a voter
 registration form;
        < for a voter that changes party affiliation or becomes unaffiliated from a political
 party, modifies the day the voter can vote in a regular primary or presidential
 primary election;
        < establishes consistent deadlines for various election-related notices;
        < modifies the frequency of the lieutenant governor's audit report of the voter
 registration database;
        < modifies the requirements for a printed ballot for municipal primary elections;
        < eliminates the requirement to include a ballot proposition insert with an official
 ballot if the information appearing on the insert is printed on the ballot;
        < defines the term "filing officer" to include a state school board;
        < specifies the time the filing period begins for a declaration of candidacy;
        < requires an election official to notify an opposing candidate and voters when a
 candidate for elective office is disqualified or withdraws;
        < requires a filing officer to notify a candidate if the candidate fails to make a
 conflict-of-interest disclosure; and
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       < makes technical and conforming changes.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       This bill includes a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
       10-3-208, as last amended by Laws of Utah 2022, Chapter 151
       17-16-6.5, as last amended by Laws of Utah 2019, Chapter 74
       20A-2-102.5, as last amended by Laws of Utah 2020, Chapter 31
       20A-2-107, as last amended by Laws of Utah 2022, Chapter 170
       20A-2-107.5, as last amended by Laws of Utah 2021, Chapter 430
       20A-3a-604, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
       20A-4-104, as last amended by Laws of Utah 2022, Chapter 380
       20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
       20A-5-403.5, as last amended by Laws of Utah 2022, Chapter 156
       20A-5-405, as last amended by Laws of Utah 2022, Chapter 170
       20A-5-901, as enacted by Laws of Utah 2022, Chapter 156
       20A-6-401, as last amended by Laws of Utah 2020, Chapter 31
       20A-7-209, as last amended by Laws of Utah 2022, Chapter 251
       20A-7-210, as last amended by Laws of Utah 2019, Chapter 275
       20A-7-308, as last amended by Laws of Utah 2022, Chapter 251
       20A-7-508, as last amended by Laws of Utah 2022, Chapter 251
       20A-7-608, as last amended by Laws of Utah 2022, Chapter 251
       20A-9-101, as last amended by Laws of Utah 2022, Chapters 13, 325
       20A-9-201.5, as enacted by Laws of Utah 2022, Chapter 13
       20A-11-206, as last amended by Laws of Utah 2021, Chapter 20
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        20A-11-305, as last amended by Laws of Utah 2021, Chapter 20
        20A-11-1305, as last amended by Laws of Utah 2020, Chapters 22, 31
        20A-11-1603, as last amended by Laws of Utah 2021, Chapter 20
 ENACTS:
        20A-9-207, Utah Code Annotated 1953
 Utah Code Sections Affected by Coordination Clause:
        20A-7-209, as last amended by Laws of Utah 2022, Chapter 251
        20A-7-508, as last amended by Laws of Utah 2022, Chapter 251
64
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-3-208 is amended to read:
        10-3-208. Campaign finance disclosure in municipal election.
        (1) Unless a municipality adopts by ordinance more stringent definitions, the following
 are defined terms for purposes of this section:
        (a) "Agent of a candidate" means:
        (i) a person acting on behalf of a candidate at the direction of the reporting entity;
        (ii) a person employed by a candidate in the candidate's capacity as a candidate;
        (iii) the personal campaign committee of a candidate;
        (iv) a member of the personal campaign committee of a candidate in the member's
 capacity as a member of the personal campaign committee of the candidate; or
        (v) a political consultant of a candidate.
        (b) "Anonymous contribution limit" means for each calendar year:
        (i) $50; or
        (ii) an amount less than $50 that is specified in an ordinance of the municipality.
        (c) (i) "Candidate" means a person who:
        (A) files a declaration of candidacy for municipal office; or
        (B) receives contributions, makes expenditures, or gives consent for any other person
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 to receive contributions or make expenditures to bring about the person's nomination or
 election to a municipal office.
        (ii) "Candidate" does not mean a person who files for the office of judge.
        (d) (i) "Contribution" means any of the following when done for political purposes:
        (A) a gift, subscription, donation, loan, advance, or deposit of money or anything of
 value given to a candidate;
        (B) 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 candidate;
        (C) any transfer of funds from another reporting entity to the candidate;
        (D) compensation paid by any person or reporting entity other than the candidate for
 personal services provided without charge to the candidate;
        (E) a loan made by a candidate deposited to the candidate's own campaign; and
        (F) an in-kind contribution.
        (ii) "Contribution" does not include:
        (A) services provided by an individual volunteering a portion or all of the individual's
 time on behalf of the candidate if the services are provided without compensation by the
 candidate or any other person;
        (B) money lent to the candidate by a financial institution in the ordinary course of
 business; or
        (C) goods or services provided for the benefit of a candidate at less than fair market
 value that are not authorized by or coordinated with the candidate.
        (e) "Coordinated with" means that goods or services provided for the benefit of a
 candidate are provided:
        (i) with the candidate's prior knowledge, if the candidate does not object;
        (ii) by agreement with the candidate;
        (iii) in coordination with the candidate; or
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        (iv) using official logos, slogans, and similar elements belonging to a candidate.
        (f) (i) "Expenditure" means any of the following made by a candidate or an agent of the
 candidate on behalf of the candidate:
        (A) any disbursement from contributions, receipts, or from an account described in
 Subsection (3)(a);
        (B) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
 or anything of value made for political purposes;
        (C) 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 a political purpose;
        (D) compensation paid by a candidate for personal services rendered by a person
 without charge to a reporting entity;
        (E) a transfer of funds between the candidate and a candidate's personal campaign
 committee as defined in Section 20A-11-101; or
        (F) goods or services provided by a reporting entity to or for the benefit of the
 candidate for political purposes at less than fair market value.
        (ii) "Expenditure" does not include:
        (A) services provided without compensation by an individual volunteering a portion or
 all of the individual's time on behalf of a candidate; or
        (B) money lent to a candidate by a financial institution in the ordinary course of
 business.
        (g) "In-kind contribution" means anything of value other than money, that is accepted
 by or coordinated with a candidate.
        (h) (i) "Political consultant" means a person who is paid by a candidate, or paid by
 another person on behalf of and with the knowledge of the candidate, to provide political
 advice to the candidate.
        (ii) "Political consultant" includes a circumstance described in Subsection (1)(h)(i),
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 where the person:
        (A) has already been paid, with money or other consideration;
        (B) expects to be paid in the future, with money or other consideration; or
        (C) understands that the person may, in the discretion of the candidate or another
 person on behalf of and with the knowledge of the candidate, be paid in the future, with money
 or other consideration.
        (i) "Political purposes" means an act done with the intent or in a way to influence or
 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
 against any candidate or a person seeking a municipal office at any caucus, political
 convention, or election.
        (j) "Reporting entity" means:
        (i) a candidate;
        (ii) a committee appointed by a candidate to act for the candidate;
        (iii) a person who holds an elected municipal office;
        (iv) a party committee as defined in Section 20A-11-101;
        (v) a political action committee as defined in Section 20A-11-101;
        (vi) a political issues committee as defined in Section 20A-11-101;
        (vii) a corporation as defined in Section 20A-11-101; or
        (viii) a labor organization as defined in Section 20A-11-1501.
        (2) (a) A municipality may adopt an ordinance establishing campaign finance
 disclosure requirements for a candidate that are more stringent than the requirements provided
 in Subsections (3) through (7).
        (b) The municipality may adopt definitions that are more stringent than those provided
 in Subsection (1).
        (c) If a municipality fails to adopt a campaign finance disclosure ordinance described
 in Subsection (2)(a), a candidate shall comply with financial reporting requirements contained
 in Subsections (3) through (7).
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        (3) Each candidate:
        (a) shall deposit a contribution in a separate campaign account in a financial institution;
 and
        (b) may not deposit or mingle any campaign contributions received into a personal or
 business account.
        (4) (a) In a year in which a municipal primary is held, each candidate who will
 participate in the municipal primary shall file a campaign finance statement with the municipal
 clerk or recorder no later than seven days before the day described in Subsection
 20A-1-201.5(2).
        (b) Each candidate who is not eliminated at a municipal primary election shall file a
 campaign finance statement with the municipal clerk or recorder no later than:
        (i) 28 days before the day on which the municipal general election is held;
        (ii) seven days before the day on which the municipal general election is held; and
        (iii) 30 days after the day on which the municipal general election is held.
        (c) Each candidate for municipal office who is eliminated at a municipal primary
 election shall file with the municipal clerk or recorder a campaign finance statement within 30
 days after the day on which the municipal primary election is held.
        (5) If a municipality does not conduct a primary election for a race, each candidate who
 will participate in that race shall file a campaign finance statement with the municipal clerk or
 recorder no later than:
        (a) 28 days before the day on which the municipal general election is held;
        (b) seven days before the day on which the municipal general election is held; and
        (c) 30 days after the day on which the municipal general election is held.
        (6) Each campaign finance statement described in Subsection (4) or (5) shall:
        (a) except as provided in Subsection (6)(b):
        (i) report all of the candidate's itemized and total:
        (A) contributions, including in-kind and other nonmonetary contributions, received up
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 to and including five days before the campaign finance statement is due, excluding a
 contribution previously reported; and
        (B) expenditures made up to and including five days before the campaign finance
 statement is due, excluding an expenditure previously reported; and
        (ii) identify:
        (A) for each contribution, the amount of the contribution and the name of the donor, if
 known; and
        (B) for each expenditure, the amount of the expenditure and the name of the recipient
 of the expenditure; or
        (b) report the total amount of all contributions and expenditures if the candidate
 receives $500 or less in contributions and spends $500 or less on the candidate's campaign.
        (7) Within 30 days after receiving a contribution that is cash or a negotiable
 instrument, exceeds the anonymous contribution limit, and is from a donor whose name is
 unknown, a candidate shall disburse the amount of the contribution to:
        (a) the treasurer of the state or a political subdivision for deposit into the state's or
 political subdivision's general fund; or
        (b) an organization that is exempt from federal income taxation under Section
 501(c)(3), Internal Revenue Code.
        (8) (a) A municipality may, by ordinance:
        (i) provide an anonymous contribution limit less than $50;
        (ii) require greater disclosure of contributions or expenditures than is required in this
 section; and
        (iii) impose additional penalties on candidates who fail to comply with the applicable
 requirements beyond those imposed by this section.
        (b) A candidate is subject to the provisions of this section and not the provisions of an
 ordinance adopted by the municipality under Subsection (8)(a) if:
        (i) the municipal ordinance establishes requirements or penalties that differ from those
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 established in this section; and
        (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
 ordinance as required in Subsection (9).
        (9) Each municipal clerk or recorder shall, at the time the candidate for municipal
 office files a declaration of candidacy, and again 35 days before each municipal general
 election, notify the candidate in writing of:
        (a) the provisions of statute or municipal ordinance governing the disclosure of
 contributions and expenditures;
        (b) the dates when the candidate's campaign finance statement is required to be filed;
 and
        (c) the penalties that apply for failure to file a timely campaign finance statement,
 including the statutory provision that requires removal of the candidate's name from the ballot
 for failure to file the required campaign finance statement when required.
        (10) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
 Access and Management Act, the municipal clerk or recorder shall:
        (a) make each campaign finance statement filed by a candidate available for public
 inspection 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 public
 inspection by:
        (i) (A) posting an electronic copy or the contents of the statement on the municipality's
 website no later than seven business days after the statement is filed; and
        (B) verifying that the address of the municipality's website has been provided to the
 lieutenant governor in order to meet the requirement