Chapter 2.72 - CAMPAIGN FINANCIAL DISCLOSURE REQUIREMENTS

Section 2.72.010 - Definitions.

For the purpose of this chapter, the following words shall have the meanings respectively ascribed to them:

A.  "Contribution" means any of the following when done for political purposes:

1.  A gift, subscription, donation, loan, advance, or deposit of money or any tangible thing or item of value given to the candidate or office holder;

2.  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 any tangible thing or item of value to the candidate or office holder;

3.  Any transfer of funds from another reporting candidate, committee, or a corporation, to the candidate or office holder;

4.  Compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the candidate or office holder;

5.  Remuneration from any organization or its directly affiliated organization that has a registered lobbyist, or any agency or subdivision of the state, including school districts;

6.  A loan made by a candidate deposited into the candidate's or office holder's own campaign; and

7.  In-kind contributions.

B.  "Contribution" does not include:

1.  Services provided without compensation by individuals volunteering a portion or all of their time on behalf of the candidate or office holder;

2.  Money loaned to the candidate or office holder by a financial institution in the ordinary course of business; or

3.  Goods or services provided for the benefit of a candidate or office holder at less than fair market value that are not authorized by or coordinated with the candidate or office holder.

C.  "Candidate" means any individual seeking to be elected to a county or local school board office who resides in Davis County and has filed a declaration of candidacy for that purpose.

D.  "Expenditure" means:

1.  Any disbursement from contributions, receipts, or from a separate bank account required by state law;

2.  A purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purpose;

3.  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;

4.  Compensation paid by a corporation, candidate or office holder for personal services rendered by a person without charge to a candidate or office holder,

5.  A transfer of funds between the candidate or office holder and a candidate's or office holder's personal campaign committee; or

6.  Goods or services provided by the candidate or office holder to or for the benefit of another candidate or office holder for political purposes at less than fair market value.

E.  "Expenditure" does not include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or office holder.

F.  "Office holder" means any individual who has been elected or appointed to hold an elected county or school board office.

(Ord. 8-2015, § 1, Add, 12/22/2015)

Section 2.72.020 - Campaign financial disclosures.

A.  Each candidate shall file a signed campaign financial disclosure with the County Clerk/Auditor reporting his or her itemized and total campaign contributions and expenditures as follows:

1.  For the candidate's political party convention, at least once between the fourteen (14) days and the seven (7) days immediately prior to the day on which the candidate's political party is scheduled to hold its convention for the candidate's applicable elective office;

2.  For the primary election involving the candidate:

a.  At least once between the fourteen (14) days and seven (7) days immediately prior to the relevant primary election; and

b.  At least once within the thirty (30) days immediately following the relevant primary election;

3.  For the general election involving the candidate:

a.  At least once between the fourteen (14) days and seven (7) days immediately prior to the relevant general election; and

b.  At least once within the thirty (30) days immediately following the relevant general election;

B.  The campaign financial disclosure required by Subsection A. of this section shall identify:

1.  For each contribution received since the last campaign financial disclosure was filed or that has not been previously reported, the name of the donor of the contribution, if known, and the amount of the contribution; and

2.  For each expenditure received since the last campaign financial disclosure was filed or that has not been reported, the name of the recipient and the amount of the expenditure.

C.  Candidates who are eliminated at the primary election or the general election are required to comply with the reporting requirements of Subsection A. of this section.

D.  A person who is no longer a candidate or office holder shall file a statement of dissolution with the County Clerk/Auditor that:

1.  States the candidate or office holder is no longer receiving contributions and is no longer making expenditures;

2.  States the ending balance on the last summary campaign financial disclosure filed is zero and the balance in the separate bank account is zero; and

3.  Includes, as an attachment, a final summary campaign financial disclosure showing a zero balance.

(Ord. 6-2017, § 1, Amended, 11/28/2017; Ord. 8-2015, § 1, Add, 12/22/2015)

Section 2.72.030 - Limitations on contributions.

A.  Unknown and/or Anonymous Contributions. Any unknown and/or anonymous contributions received by a candidate or office holder shall be identified as a contribution in the applicable campaign financial disclosure, identified as an expenditure paid to the County Treasurer in the applicable campaign financial disclosure, and transmitted to the County Treasurer for deposit in the County general fund.

B.  Proxy Contributions. No person shall make a contribution in the name of another person or make a contribution with another person's funds in their own name, and no filing candidate or office holder shall knowingly accept such contributions. No person shall solicit another person to make a contribution with another person's funds other than in their own name. Contributions made by registered political parties or other candidates or office holders may be made and received so long as the name of the party, candidate, or office holder is imprinted on any check or other means of contribution and is listed in an applicable campaign financial disclosure made pursuant to this chapter.

C.  Penalties. If a contribution is received without a candidate's knowledge of a violation of this chapter, the candidate may return the contribution without penalty if the contribution is returned within ten (10) days after the candidate either becomes aware or should have become aware of the violation, whether by way of notification from the County Clerk/Auditor or otherwise.

(Ord. 6-2017, § 1, Amended, 11/28/2017; Ord. 8-2015, § 1, Add, 12/22/2015)

Section 2.72.040 - Separate campaign account in a financial institution.

A.  Each candidate, each candidate's personal campaign committee, and each office holder shall deposit all contributions received in one (1) or more separate campaign accounts in a financial institution.

B.  Each candidate, each candidate's personal campaign committee, and each office holder may only use monies deposited into campaign accounts in a financial institution for political or charitable purposes.

C.  Each candidate, each candidate's personal campaign committee, and each office holder shall not deposit or mingle any contributions received into a personal or business account.

D.  In the event of an official complaint or discrepancy in reporting regarding a particular candidate, a particular candidate's personal campaign committee, and/or a particular officer holder, that particular candidate, candidate's personal campaign committee, and/or office holder shall provide campaign account bank statements to the County Clerk/Auditor and/or the County Attorney upon request.

(Ord. 8-2015, § 1, Add, 12/22/2015)

2.72.050. - Disqualification, penalties, and related provisions.

A.  As soon as possible after a reporting deadline but no later than twenty-four (24) hours after a reporting deadline, the County Clerk/Auditor shall review each filed campaign financial disclosure to ensure that:

1.  Each candidate or office holder, who is required to file a campaign financial disclosure, has timely filed a campaign financial disclosure; and

2.  Each campaign financial disclosure appears to contain the information required by this chapter.

B.  If a candidate or office holder fails to timely file a campaign financial disclosure that is due immediately before the primary election or immediately before the general election, the County Clerk/Auditor may:

1.  Send an electronic notice to the candidate or office holder and the political party of which the candidate or office holder is a member, if any, that states:

a.  That the candidate or office holder failed to timely file the campaign financial disclosure; and

b.  That, if the candidate or office holder fails to file the campaign financial disclosure within twenty-four (24) hours after the deadline for filing the campaign financial disclosure, the candidate or office holder will be disqualified and the political party will not be permitted to replace the candidate; and

2.  Impose a fine of one hundred dollars ($100.00) on the candidate or office holder.

C.  If a candidate or office holder fails to timely file a campaign financial disclosure within twenty-four (24) hours after the deadline for filing the campaign financial disclosure that is due immediately before the primary election or immediately before the general election, the County Clerk/Auditor shall disqualify the candidate or office holder and inform the appropriate election officials that the candidate or office holder is disqualified. The appropriate election officials then:

1.  Shall, if practicable, remove the name of the particular candidate or office holder, who has failed to timely file a campaign financial disclosure and has also failed to file a campaign financial disclosure within twenty-four (24) hours after the deadline for filing the campaign financial disclosure, from the official ballot and any other printed material that would indicate that the particular candidate or office holder was a candidate for office;

2.  Shall, if removing a candidate or office holder's name from the ballot is not practicable, inform the voters by any practicable method that the particular candidate or office holder has been disqualified and that votes cast for the particular candidate or office holder will not be counted; and

3.  Shall not count any votes for that particular candidate or office holder.

The appropriate election officials may fulfill the requirements of this subsection set forth above in relation to an absentee voter, including a military or overseas absentee voter, by including with the absentee ballot a written notice directing the voter to a public website that will inform the voter whether a candidate on the ballot is disqualified. The political party of the candidate or office holder who is disqualified under this subsection may not replace the candidate or office holder.

D.  Notwithstanding Subsections A., B., and C. of this section, a candidate or office holder is not disqualified if:

1.  The candidate or office holder timely files the campaign financial disclosure and/or other documents required by this chapter, or the candidate or office holder files the campaign financial disclosure and/or other documents required by this chapter within twenty-four (24) hours after the deadline for filing the campaign financial disclosure;

2.  The campaign financial disclosure of the candidate or office holder and any other required documents under this chapter are completed in their entirety and contain accurate and detailed information required by this chapter, except for inadvertent omissions or insignificant errors or inaccuracies, as determined in the sole discretion of the County Clerk/Auditor; and

3.  Any inadvertent omissions, insignificant errors, or inaccuracies are promptly corrected in an amended campaign financial disclosure or in the next required campaign financial disclosure.

E.  After review by the County Clerk/Auditor, and notwithstanding Subsections A., B., and C. of this section, if it appears to the County Clerk/Auditor that any candidate or office holder has failed to file a campaign financial disclosure required by law, if it appears that a filed campaign financial disclosure does not conform to the law, if the campaign financial disclosure contains obvious material omissions, errors, or inaccuracies, or if the County Clerk/Auditor receives a written complaint alleging a violation of the law or the falsity of any campaign financial disclosure, the County Clerk/Auditor shall, within five (5) business days of receipt of a written complaint, notify, by registered mail or hand delivery, the candidate or office holder of the violation or written complaint and direct the candidate or office holder to file a campaign financial disclosure that appropriately corrects and/or clarifies matters raised in a written complaint.

F.  Unless otherwise required by this chapter, a candidate or office holder shall file or appropriately amend a campaign financial disclosure within fourteen (14) days of receiving a notice from the County Clerk/Auditor to file or appropriately amend a campaign financial disclosure. A candidate or office holder's failure to comply with this Subsection F. is a separate infraction for each day that elapses after the fourteen-day period set forth in this Subsection F. directly above without the candidate or office holder filing or appropriately amending a campaign financial disclosure after receiving notice from the County Clerk/Auditor under this Subsection F. to do so, and the candidate or office holder shall incur a fine of one hundred dollars ($100.00), which shall be paid to the County Treasurer, for each such infraction.

1.  A candidate or office holder, who knowingly and/or intentionally violates any reporting requirement of this chapter, Utah law, or otherwise, by failure to timely file a campaign financial disclosure, or who knowingly and/or intentionally files a false campaign financial disclosure, is guilty of a Class B misdemeanor. Any office holder convicted of a misdemeanor under this subsection shall be subject to removal from office by judicial proceedings, as provided in Section 77-6-1 et seq., Utah Code Annotated (2015), as amended.

G.  A campaign financial disclosure is timely filed if:

1.  It is received in the County Clerk/Auditor's office via hand-delivery or mail no later than 5:00 p.m. Mountain Time on the date that it is due; or

2.  It is received by the County Clerk/Auditor's office via email or facsimile no later than midnight Mountain Time on the date that it is due;

3.  It is received in the County Clerk/Auditor's office with a United States Postal Service postmark three (3) days or more before the date that the report was due; or

4.  The candidate has proof that the report was mailed, with appropriate postage and addressing, three (3) days before the report was due.

H.  Any private party in interest may bring a civil action in district court to enforce the applicable provisions of this chapter, and, in doing so, the district court shall award costs and attorney fees to the prevailing party.

I.  Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access and Management Act, Utah Code Annotated, the County Clerk/Auditor shall:

J.  1.  Make each campaign financial disclosure filed by a candidate or office holder available for public inspection and copying no later than one (1) business day after the campaign financial disclosure is filed with the County Clerk/Auditor; and

2.  Make the campaign finance statement filed by a candidate or office holder available for public inspection by:

a.  Posting an electronic copy or the contents of the campaign financial disclosure on the County's website no later than seven (7) business days after the campaign financial statement is filed and verifying that the address of the County's website has been provided to the lieutenant governor in order to meet the requirements of Subsection 20A-11-103(5), Utah Code Annotated; or

b.  Submitting a copy of the campaign financial statement to the lieutenant governor for posting on the website established by the lieutenant governor under Section 20A-11-103, Utah Code Annotated, no later than two (2) business days after the statement is filed.

(Ord. 6-2017, § 1, Amended, 11/28/2017; Ord. 8-2015, § 1, Add, 12/22/2015)

Editor's note— Ord. 6-2017, § 3, adopted Nov. 28, 2017, changed the title of § 2.72.050 from "Penalties" to read as herein set out.