Chapter 2.35
CAMPAIGN FINANCIAL DISCLOSURE IN CITY ELECTIONS

Sections:

2.35.010    Campaign financial disclosure.

2.35.010 Campaign financial disclosure.

Campaign financial disclosure in City elections is in accordance with Utah Code.

(A) As used in this section:

(1) “Reporting date” means:

(a) Ten days before a general election, for a campaign finance statement required to be filed no later than seven days before a general election; and

(b) The day of filing, for a campaign finance statement required to be filed no later than 30 days after a primary or general election.

(2) “Reporting limit” means $50.00 for each calendar year.

(B)(1)(a) Each candidate for City office:

(i) Shall deposit a campaign contribution in a separate campaign account in a financial institution; and

(ii) May not deposit or mingle any campaign contributions received into a personal or business account.

(b) Each candidate for City office who is not eliminated at a primary election shall file with the Recorder a campaign finance statement:

(i) No later than seven days before the date of the general election; and

(ii) No later than 30 days after the date of the general election.

(c) Each candidate for City office who is eliminated at a primary election shall file with the Recorder a campaign finance statement no later than 30 days after the date of the primary election.

(2) Each campaign finance statement under subsection (B)(1) of this section shall:

(a) Except as provided in subsection (B)(2)(b) of this section:

(i) Report all of the candidate’s itemized and total:

A. Campaign contributions, including in-kind and other nonmonetary contributions, received before the close of the reporting date; and

B. Campaign expenditures made through the close of the reporting date; and

(ii) Identify:

A. For each contribution that exceeds the reporting limit, the amount of the contribution and the name of the donor;

B. The aggregate total of all contributions that individually do not exceed the reporting limit; and

C. For each campaign expenditure, the amount of the expenditure and the name of the recipient of the expenditure; or

(b) Report the total amount of all campaign contributions and expenditures if the candidate receives $500.00 or less in campaign contributions and spends $500.00 or less on the candidate’s campaign.

(C)(1) As used in this subsection (C), “account” means an account in a financial institution:

(a) That is not described in subsection (B)(1)(a)(i) of this section; and

(b) Into which or from which a person who, as a candidate for an office, other than a City office for which the person files a declaration of candidacy for federal office, or as a holder of an office, other than a City office for which the person files a declaration of candidacy for federal office, deposits a contribution or makes an expenditure.

(2) A City office candidate shall include on any campaign finance statement filed in accordance with this section:

(a) A contribution deposited in an account:

(i) Since the last campaign finance statement was filed; or

(ii) That has not been reported under a statute or ordinance that governs the account; or

(b) An expenditure made from an account:

(i) Since the last campaign finance statement was filed; or

(ii) That has not been reported under a statute or ordinance that governs the account.

(D) The Recorder shall, at the time the candidate for City office files a declaration of candidacy, and again 14 days before each general election, notify the candidate in writing of:

(1) The provisions of statute or municipal ordinance governing the disclosure of campaign contributions and expenditures;

(2) The dates when the candidate’s campaign finance statement is required to be filed; and

(3) 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.

(E) Notwithstanding any provision of the Government Records Access and Management Act, the Recorder shall:

(1) 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

(2) Make the campaign finance statement filed by a candidate available for public inspection by:

(a)(i) Posting an electronic copy or the contents of the statement on the City’s website no later than seven business days after the statement is filed; and

(ii) Verifying that the address of the City’s website has been provided to the Lieutenant Governor in order to meet the requirements of State Election Code; or

(b) Submitting a copy of the statement to the Lieutenant Governor for posting on the website established by the Lieutenant Governor under State Election Code no later than two business days after the statement is filed.

(F)(1) If a candidate fails to file a campaign finance statement before the City general election by the deadline specified in subsection (B)(1)(b)(i) of this section, the Recorder shall inform the appropriate election official who:

(a) Shall:

(i) If practicable, remove the candidate’s name from the ballot by blacking out the candidate’s name before the ballots are delivered to voters; or

(ii) If removing the candidate’s name from the ballot is not practicable, inform the voters by any practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted; and

(b) May not count any votes for that candidate.

(2) Notwithstanding subsection (F)(1) of this section, a candidate who files a campaign finance statement seven days before a City general election is not disqualified if:

(a) The statement details accurately and completely the information required under subsection (B)(2) of this section, except for inadvertent omissions or insignificant errors or inaccuracies; and

(b) The omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.

(G) A campaign finance statement required under this section is considered filed if it is received in the Recorder’s office by 5:00 p.m. on the date that is it due.

(H)(1) A private party in interest may bring a civil action in district court to enforce the provisions of this section or an ordinance adopted under this section.

(2) In a civil action under subsection (H)(1) of this section, the court may award costs and attorney’s fees to the prevailing party. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.07.010.]