(A) Campaign financial disclosure in municipal elections. All candidates for an elective city office shall comply with the following campaign disclosure requirements as authorized, and required, by UCA § 10-3-208.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
CANDIDATE. Any person who files a declaration of candidacy for an elective office of the city; or who received contributions or made 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 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.
CONTRIBUTION. Monetary and nonmonetary contributions, such as in-kind contributions and contributions of tangible things. CONTRIBUTION does not include:
(a) Services provided without compensation by individuals volunteering a portion or all of their time on behalf of the filing entity; or
(b) Money lent to the filing entity by a financial institution in the ordinary course of business.
ELECTION. Both primary and final elections.
EXPENDITURE.
(a) Includes:
1. Any disbursement from contributions, receipts, or from the separate bank account required by state law to be established for candidates for public office;
2. A purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
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 or filing entity for personal services rendered by a person without charge to a reporting entity;
5. A transfer of funds between the filing entity and a candidate’s personal campaign committee; or
6. 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.
(b) EXPENDITURE does not include:
1. Services provided without compensation by individuals volunteering a portion, or all, of their time on behalf of a reporting entity;
2. Money sent to a reporting entity by a financial institution in the ordinary course of business; or
3. Anything listed in division (a) above that is given by a corporation or reporting entity to each candidate for office, or officeholders in states other than this state.
FINANCIAL STATEMENT. Includes any summary report, interim report, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this section.
PERSON. Both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, labor unions, and labor organizations.
REPORT. A verified financial statement.
REPORTING ENTITY. A candidate, a candidate’s personal campaign committee, an officeholder, a party committee, a political action committee, and a political issues committee.
(C) Reporting requirements.
(1) Each candidate for city office who receives more than $750 in campaign contributions or spends more than $750 on their campaign for city office shall file financial reports that conform to the following:
(a) Report the candidate’s itemized and total campaign contributions and expenditures at least once seven days before the municipal general election, and at least once 30 days after the municipal general election;
(b) For each contribution of more than $50, the name of the donor of the contribution and the amount of the contribution; and
(c) For each expenditure, the name of the recipient and the amount of the expenditure.
(2) If a candidate fails to file an interim report due before the municipal general election, the City Recorder shall, after making a reasonable attempt to discover if the report was timely mailed, inform the appropriate election officials, who:
(a) Shall, if practicable, remove the name of the candidate by blacking out the candidate’s name before the ballots are delivered to voters;
(b) Shall, 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
(c) May not count any votes for that candidate.
(3) Notwithstanding the foregoing, a candidate is not disqualified if:
(a) The candidate files the reports required by this section;
(b) Those reports are completed, detailing accurately and completely the information required by this section except for inadvertent omissions, or insignificant errors or inaccuracies; and
(c) Those omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.
(4) A report is considered filed if:
(a) It is received in the City Recorder’s office no later than 5:00 p.m. on the date that it is due;
(b) It is received in the City Recorder’s office with a postmark three days or more before the date that the report was due; or
(c) The candidate has proof that the report was mailed, with appropriate postage and addressing, three days before the report was due.
(D) Enforcement.
(1) Any private party in interest may bring a civil action in district court to enforce the provisions of this section or any ordinance adopted under this section.
(2) In a civil action filed under division (D)(1) above, the court may award costs and attorney’s fees to the prevailing party.
(E) Not applicable. These financial reporting requirements do not apply to a candidate for municipal office who:
(1) Receives $750 or less in campaign contributions; and
(2) Spends $750 or less on the candidate’s campaign for the municipal office.
(F) Unsuccessful primary election candidate. Candidates for an elective municipal office who are eliminated at a primary election shall file a signed campaign financial statement containing the information required herein not later than 30 days after the primary election.
(G) Public information. The statements required by this section shall be public documents, and shall be available for public inspection and copying during all regular business hours.
(Prior Code, § 2.04.030) (Ord. 02-2004, passed 1-21-2004) Penalty, see § 31.99