CAMPAIGN FINANCING DISCLOSURE
1-8-1: DEFINITIONS:
For the purpose of this Chapter, the following words shall have the meaning as defined in this Section:
CANDIDATE: Any person who:
A. Files a declaration of candidacy for an elected office of the City; or
B. Receives contributions or makes expenditures or consents to another person receiving contributions or making expenditures with a view to bringing about such person's nomination or election to such office; or
C. Causes on his or her behalf, any written material or advertisement to be printed, published, broadcast, distributed or disseminated which indicates an intention to seek such office.
CONTRIBUTIONS: A. Contributions shall include:
1. A gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value;
2. A contract, promise or agreement, express or implied, whether or not legally enforceable to make a contribution;
3. A transfer of funds from a political committee, a party committee, another candidate, an officeholder, or a personal campaign committee to a candidate or a candidate's personal campaign committee;
4. A payment for the personal services of another person by a person other than the candidate's personal campaign committee for services rendered to the candidate or such candidate's personal campaign committee; and
5. Goods or services provided at less than fair market value to or for the benefit of a candidate or a candidate's personal campaign committee.
B. Contributions shall not include:
1. Personal services provided without compensation by individuals volunteering their time on behalf of a candidate or such candidate's personal campaign committee; or
2. A loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business.
ELECTION: A general or primary election conducted by the City.
EXPENDITURE: An expenditure shall include:
A. A purchase, payment, donation, distribution, loan, advance, deposit, gift of money or anything of value made for the purpose of influencing the nomination or election of any candidate;
B. A contract, promise or agreement, express or implied, whether or not legally enforceable to make any expenditure;
C. A transfer of funds by a candidate or a personal campaign committee to another candidate, another candidate's personal campaign committee or a political committee;
D. Goods or services provided to or for the benefit of another candidate, another candidate's personal campaign committee, or a political committee for political purposes at less than fair market value.
PERSON: Both natural and legal persons, including, but not limited to, business organizations, personal campaign committees, party committees, labor unions, labor organizations and any other organized group of individuals.
PERSONAL CAMPAIGN COMMITTEE: The political committee appointed by a particular candidate to act for such candidate as hereinafter provided.
POLITICAL COMMITTEE: A person or group of persons cooperating to aid or promote the success or defeat of a candidate, including the making of donations to a personal campaign committee.
POLITICAL PURPOSE: An act done with intent or in such way as to influence or tend to influence, directly or indirectly, the election of a candidate at a Municipal election.
PRIMARY ELECTION: Any primary election held pursuant to Utah Code Annotated title 20A, or its successor, and/or any election held prior to the general election as provided by Utah Code Annotated title 20A, or its successor.
REPORTING PERIOD: The period beginning from the date of either the first contribution or the first expenditure, or since the closing date of the last filed financial statement, if any, and the closing date of a financial statement to be filed.
(1979 Code § 1.20.010; Ord. 95-53, 7-18-1995)
1-8-2: PERSONAL CAMPAIGN COMMITTEE:
A. Required: No person or persons shall receive any contributions on behalf of a candidate for elected office of the City or make any expenditures for political purposes for the candidate either directly or indirectly other than through a personal campaign committee, whose authority to act shall be filed as provided by this Chapter.
B. Appointment: A candidate shall appoint no more than one personal campaign committee to consist of one or more persons, or the candidate individually who may constitute the committee.
C. Contributions; Secretary: No candidate shall solicit contributions or authorize expenditures in furtherance of his or her candidacy except through such candidate's personal campaign committee. If the personal campaign committee consists of only one person, such person is deemed the secretary. If the candidate acts as personal campaign committee, the candidate is deemed the secretary.
(1979 Code § 1.20.020; Ord. 95-53, 7-18-1995)
D. Registration: Before the personal campaign committee makes any expenditure for political purposes on behalf of the candidate, or incurs any obligation, express or implied, to make an expenditure in the candidate's behalf, the candidate or committee shall file with the City Recorder a written statement, signed by the candidate setting forth that the candidate's personal campaign committee has been appointed or elected, and giving the name and address of each member and the secretary of the committee.
(1979 Code § 1.20.030; Ord. 95-53, 7-18-1995)
E. Changes; Withdrawal: Any candidate may revoke the selection of any member of such candidate's personal campaign committee by a revocation in writing filed with the City Recorder. Any individual may voluntarily withdraw from a committee by filing a written notice with the City Recorder. The date of withdrawal is the date the notice is received by the City Recorder. A candidate may fill any vacancy. A candidate shall be deemed the secretary until a replacement is appointed.
(1979 Code § 1.20.040; Ord. 95-53, 7-18-1995)
1-8-3: CONTRIBUTIONS TO CANDIDATES:
A. Cash Limitation: No person shall make cash contributions during any one reporting period as set forth in this Chapter, to any candidate or his or her authorized personal campaign committee with respect to any election for City office, which exceeds fifty dollars ($50.00); however, there shall be no limit as to the amount contributed by a person to a personal campaign committee or a political committee if that contribution is made in the form of a personal or certified check or bank draft.
B. Anonymous: The acceptance of anonymous contributions is prohibited. Any anonymous contributions received by a candidate or personal campaign committee shall be transmitted to the City Treasurer for deposit in the General Fund.
(1979 Code § 1.20.050; Ord. 95-53, 7-18-1995)
C. In Name Of Another: No person shall make a contribution in the name of another person or make a contribution with another person's funds in his or her own name, and no candidate, member of a personal campaign committee, or political campaign committee shall knowingly accept a contribution made by one person in the name of another person or made by one person with the funds of another person.
(1979 Code § 1.20.060; Ord. 95-53, 7-18-1995)
1-8-4: FINANCIAL STATEMENTS:
A. Forms: Forms for all statements required by this Chapter shall be prepared by the City Recorder and copies thereof, together with a copy of this Chapter, shall be furnished by the City Recorder to the secretary of every committee and to every candidate without charge.
(1979 Code § 1.20.080A; Ord. 95-53, 7-18-1995)
B. Filing; Dates: Each candidate or political campaign committee shall file with the City Recorder a verified financial statement containing the information required in this Chapter, by five o'clock (5:00) P.M., on the following dates:
1. Ten (10) days before the date of the primary election, if the candidate is involved in the primary election;
2. Ten (10) days before the general election; and
3. No later than thirty (30) days after the date of the general election.
C. Candidates Eliminated: Candidates for elective office who are eliminated at a primary election shall file a campaign financial statement, signed and verified by the candidate, containing the information required by this Section not later than thirty (30) days after the primary election.
D. Contents; Closing Date: The statement shall contain all expenditures and contributions within the reporting period. The closing date for each statement shall be two (2) days before the date on which the statement must be filed. Each financial statement shall contain:
1. A summary of contributions, expenditures, loans and debts reported in previously-filed financial statements;
2. A list of each contribution in excess of fifty dollars ($50.00) received by the committee, the name and address of each contributor, and the date on which each such contribution was received;
3. An aggregate total of all contributions of fifty dollars ($50.00) or less received by the committee; and
4. A list of all expenditures made and obligations incurred but not paid during the reporting period, the name and address of every recipient to whom disbursement was made, and the purposes of the expenditure made or obligation incurred.
E. Certification: Each statement shall be certified by the secretary or by the candidate to the effect that all contributions and expenditures not heretofore reported have been reported and that there are no bills or obligations outstanding and unpaid except as set forth in the report.
F. No Contributions Or Expenditures: In the event the committee had no contributions or expenditures during the reporting period, the statement shall state that no contributions have been received nor any expenditures made.
(1979 Code § 1.20.070; Ord. 95-53, 7-18-1995)
G. Public Inspection; Preservation: All statements required by this Chapter shall be open to public inspection and copying at the office of the City Recorder during normal business hours and all such statements shall be preserved by the City Recorder for a period of five (5) years from January 1 of the year following the election for which they are filed.
(1979 Code § 1.20.080B; Ord. 95-53, 7-18-1995)
1-8-5: FAILURE TO FILE; INACCURATE OR INCOMPLETE:
A. Inspection; Written Notice: The City Recorder shall inspect all financial statements within two (2) days after the same are filed. If it appears that any candidate or personal campaign committee has failed to file a statement as required by law or if it appears that the statement does not conform to law or upon complaint in writing by a candidate or by a voter that a statement filed does not conform to law, the City Recorder shall notify the delinquent personal campaign committee or candidate, in writing, requesting compliance with this Chapter. Written notice as required herein, may be given in the following manner:
1. Delivery, in person, to the candidate or the secretary of the personal campaign committee;
2. Delivery to a person of suitable age and discretion at the address of the candidate or the address of the secretary of the personal campaign committee, as indicated in registration form for the personal campaign committee as required under subsection 1-8-2D of this Chapter; or
3. By certified mail, mailed to the candidate or the secretary of the personal campaign committee at the address as indicated in the registration form for the personal campaign committee as required under subsection 1-8-2D of this Chapter.
B. Examination Of Books And Records: Upon the failure of any personal campaign committee or candidate to file a statement, within two (2) days after first receiving written notice under subsection A of this Section, or, if in the exercise of reasonable discretion, the City Recorder questions the accuracy or completeness of such statement, the City Recorder shall request an examination of all books and records of such committee or person. Such books and records shall be produced by the candidate or personal campaign committee for inspection by the City Recorder within one day after request for examination is received.
C. Violation; Notification To City Attorney: If a personal campaign committee or candidate fails to file a statement within two (2) days after receiving notice under subsection A of this Section, or, if any statement filed discloses a violation of this Chapter, or, if the inspection of records discloses a violation of this Chapter, the City Recorder shall notify the City Attorney and shall furnish the City Attorney copies of all papers in the City Recorder's possession relating thereto, and the City Attorney, on such complaint or the complaint of any other person, shall enter forthwith the same in a docket kept for that purpose in his or her office and within ten (10) days thereafter shall examine every case. If the evidence is deemed sufficient by the City Attorney, he or she shall institute such civil or criminal proceedings, as may be appropriate.
D. Registered Voter May Institute Proceedings: In the event the City Recorder or the City Attorney refuses to take the actions provided by this Section, any registered voter in the City may institute appropriate proceedings for an extraordinary writ.
(1979 Code § 1.20.090; Ord. 95-53, 7-18-1995)
1-8-6: UNLAWFUL ACTS DESIGNATED:
A. Name On Ballot Prior To Filing Statement: The name of a candidate shall not be printed on, or if already printed shall be removed from, the official ballot for the ensuing election unless the statements of contributions and expenditures relating to the candidate have been filed by the candidate or the candidate's personal campaign committee as required by this Chapter.
B. Oath Of Office Prior To Filing Statement: It is unlawful to administer the oath of office, or to issue a certificate of election to any candidate for the offices of Mayor or Councilmember until the candidate's personal campaign committee has filed the financial disclosure statements as required by this Chapter, or its successor, which statements shall be complete upon their face and show compliance to the provisions of this Chapter, and no person shall enter upon the duties of the office until the personal campaign committee has filed the required statements, nor shall any salary or fees be received by that person for a period prior to filing of the statements.
(1979 Code § 1.20.100A, 1.20.100B; Ord. 95-53, 7-18-1995)
1-8-7: PENALTY:
Any person violating any provision of this Chapter is guilty of a Class B misdemeanor, punishable under Chapter 4 of this Title, and no person convicted thereof shall be permitted to take or hold the office to which the person was elected, if any, or receive the emoluments thereof.
(1979 Code § 1.20.100C; Ord. 95-53, 7-18-1995)
