Municipal Election Amendments

18
10-3-208
10-3-209
10-3-209.1
10-3-209.3
10-3-208
10-3-209
10-3-209.1
10-3-209.3
6
Municipal Election Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
House Sponsor: Lisa Shepherd
LONG TITLE
General Description:
This bill establishes annual year-end campaign finance reporting for municipal candidates
until campaign account dissolution.
Highlighted Provisions:
This bill:
requires a municipal office candidate to file a year-end campaign finance summary report
(year-end report) with the municipal clerk no later than January 10 of the year after the
municipal general election is held;
establishes the required contents of a year-end report, including totals of contributions
and expenditures;
requires a municipal office candidate to continue filing a year-end report each January 10
until the candidate files a statement of campaign account dissolution and final summary
report showing a zero account balance;
specifies how a municipal office candidate may spend down a campaign account;
authorizes the municipal clerk or recorder to impose a $100 fine against a candidate who
fails to file a year-end report;
authorizes a municipality to adopt an ordinance imposing more stringent year-end
reporting requirements; and
makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-208
, as last amended by Laws of Utah 2025, Chapter 90
10-3-209
, as last amended by Laws of Utah 2024, Chapter 447
ENACTS:
10-3-209.1
, Utah Code Annotated 1953
10-3-209.3
, Utah Code Annotated 1953
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
an individual
who:
(A)
files a declaration of candidacy for municipal office; or
(B)
receives contributions, makes expenditures, or gives consent for any other
person to receive contributions or make expenditures to bring about the
person's
individual's
nomination or election to a municipal office.
(ii)
"Candidate" does not mean
a person
an individual
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
(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)
,
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
(8)
.
(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
(8)
.
(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)
(a)
If a candidate seeks appointment to fill a midterm vacancy in a municipal office
the candidate shall, no later than three business days before the day on which the
municipal legislative body meets to interview the candidate in accordance with
Section
20A-1-510
, file a campaign finance statement with the municipal clerk or
recorder.
(b)
Upon receipt of the campaign finance statement described in Subsection
(6)(a)
, the
municipal clerk or recorder shall immediately submit a copy of the statement to the
municipal legislative body.
(7)
Each campaign finance statement described in Subsection
(4)
, (5), or (6) shall:
(a)
except as provided in Subsection
(7)(b)
:
(i)
report all of the candidate's itemized and total:
(A)
contributions, including in-kind and other nonmonetary contributions,
received up 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.
(8)
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.
(9)
(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
(9)(a)
if:
(i)
the municipal ordinance establishes requirements or penalties that differ from
those 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
(10)
.
(10)
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.
(11)
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)
posting an electronic copy or the contents of the statement on the municipality's
website no later than seven business days after the day on which the statement is
filed; and
(ii)
in order to comply with the requirements of Subsection
20A-11-103(4)(b)(ii)
,
providing the lieutenant governor with a link to the electronic posting described in
Subsection
(11)(b)(i)
no later than two business days after the day on which the
statement is filed.
(12)
(a)
If a candidate fails to timely file a campaign finance statement required under
Subsection
(4)
or
(5)
, the municipal clerk or recorder:
(i)
may send an electronic notice to the candidate that states:
(A)
that the candidate failed to timely file the campaign finance statement; and
(B)
that, if the candidate fails to file the report within 24 hours after the deadline
for filing the report, the candidate will be disqualified; and
(ii)
may impose a fine of $50 on the candidate.
(b)
The municipal clerk or recorder shall disqualify a candidate and inform the
appropriate election official that the candidate is disqualified if the candidate fails to
file a campaign finance statement described in Subsection
(4)
or
(5)
within 24 hours
after the deadline for filing the report.
(c)
If a candidate is disqualified under Subsection
(12)(b)
, the election official:
(i)
shall:
(A)
notify every opposing candidate for the municipal office that the candidate is
disqualified;
(B)
send an email notification to each voter who is eligible to vote in the
municipal election office race for whom the election official has an email
address informing the voter that the candidate is disqualified and that votes cast
for the candidate will not be counted;
(C)
post notice of the disqualification on a public website; and
(D)
if practicable, remove the candidate's name from the ballot by blacking out the
candidate's name before the ballots are delivered to voters; and
(ii)
may not count any votes for that candidate.
(13)
An election official may fulfill the requirements described in Subsection
(12)(c)(i)
in
relation to a mailed ballot, including a military overseas ballot, by including with the
ballot a written notice:
(a)
informing the voter that the candidate is disqualified; or
(b)
directing the voter to a public website to inform the voter whether a candidate on the
ballot is disqualified.
(14)
Notwithstanding Subsection
(12)(b)
, a candidate who timely files each campaign
finance statement required under Subsection
(4)
or
(5)
is not disqualified if:
(a)
the statement details accurately and completely the information required under
Subsection
(7)
, 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.
(15)
A candidate for municipal office who is disqualified under Subsection
(12)(b)
shall file
with the municipal clerk or recorder a complete and accurate campaign finance
statement within 30 days after the day on which the candidate is disqualified.
(16)
A campaign finance statement required under this section is considered filed if it is
received in the municipal clerk or recorder's office by 5 p.m. on the date that it is due.
(17)
(a)
A private party in interest may bring a civil action in a court with jurisdiction
under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of
this section or an ordinance adopted under this section.
(b)
In a civil action under Subsection
(17)(a)
, the court may award costs and attorney
fees to the prevailing party.
Section 2. Section
10-3-209
is amended to read:
10-3-209
. Personal use expenditure -- Authorized and prohibited uses of
campaign funds -- Enforcement -- Penalties.
(1)
Unless a municipality adopts by ordinance more stringent definitions, the following are
defined terms for the purposes of this section:
(a)
"Candidate" means
a person
an individual
who:
(i)
files a declaration of candidacy for municipal office; or
(ii)
receives contributions, makes expenditures, or gives consent for any other person
to receive contributions or make expenditures to bring about the
person's
individual's
nomination or election to a public office.
(b)
"Officeholder" means
a person
an individual
who is elected to and currently holds a
municipal office.
(c)
(i)
"Personal use expenditure" means an expenditure that:
(A)
is not excluded from the definition of personal use expenditure by Subsection
(2)
and primarily furthers a personal interest of a candidate or officeholder or a
candidate's or officeholder's family, which interest is not connected with the
performance of an activity as a candidate or an activity or duty of an
officeholder; or
(B)
would cause the candidate or officeholder to recognize the expenditure as
taxable income under federal law.
(ii)
"Personal use expenditure" includes:
(A)
a mortgage, rent, utility, or vehicle payment;
(B)
a household food item or supply;
(C)
a clothing expense, except:
(I)
clothing bearing the candidate's name or campaign slogan or logo that is
used in the candidate's campaign;
(II)
clothing bearing the logo or name of a jurisdiction, district, government
organization, government entity, caucus, or political party that the
officeholder represents or of which the officeholder is a member; or
(III)
repair or replacement of clothing that is damaged while the candidate or
officeholder is engaged in an activity of a candidate or officeholder;
(D)
an admission to a sporting, artistic, or recreational event or other form of
entertainment;
(E)
dues, fees, or gratuities at a country club, health club, or recreational facility;
(F)
a salary payment made to a candidate, officeholder, or a person who has not
provided a bona fide service to a candidate or officeholder;
(G)
a vacation;
(H)
a vehicle expense;
(I)
a meal expense;
(J)
a travel expense;
(K)
a payment of an administrative, civil, or criminal penalty;
(L)
a satisfaction of a personal debt;
(M)
a personal service, including the service of an attorney, accountant, physician,
or other professional person;
(N)
a membership fee for a professional or service organization; and
(O)
a payment in excess of the fair market value of the item or service purchased.
(2)
As used in this section, "personal use expenditure" does not mean an expenditure made:
(a)
for a political purpose;
(b)
for candidacy for public office;
(c)
to fulfill a duty or activity of an officeholder;
(d)
for a donation to a registered political party;
(e)
for a contribution to another candidate's campaign account, including sponsorship of
or attendance at an event, the primary purpose of which is to solicit a contribution for
another candidate's campaign account;
(f)
to return all or a portion of a contribution to a donor;
(g)
for the following items, if made in connection with the candidacy for public office or
an activity or duty of an officeholder:
(i)
(A)
a mileage allowance at the rate established by the Division of Finance under
Section
63A-3-107
; or
(B)
for motor fuel or special fuel, as defined in Section
59-13-102
;
(ii)
a meal expense;
(iii)
a travel expense, including an expense incurred for airfare or a rental vehicle;
(iv)
a payment for a service provided by an attorney or accountant;
(v)
a tuition payment or registration fee for participation in a meeting or conference;
(vi)
a gift;
(vii)
a payment for the following items in connection with an office space:
(A)
rent;
(B)
utilities;
(C)
a supply; or
(D)
furnishing;
(viii)
a booth at a meeting or event; or
(ix)
educational material;
(h)
to purchase or mail informational material, a survey, or a greeting card;
(i)
for a donation to a charitable organization, as defined by Section
13-22-2
, including
admission to or sponsorship of an event, the primary purpose of which is charitable
solicitation, as defined in Section
13-22-2
;
(j)
to repay a loan a candidate makes from the candidate's personal account to the
candidate's campaign account;
(k)
to pay membership dues to a national organization whose primary purpose is to
address general public policy;
(l)
for admission to or sponsorship of an event, the primary purpose of which is to
promote the social, educational, or economic well-being of the state or the candidate's
or officeholder's community;
(m)
for one or more guests of an officeholder or candidate to attend an event, meeting,
or conference described in this Subsection
(2)
; or
(n)
to pay childcare expenses of:
(i)
a candidate while the candidate is engaging in campaign activity; or
(ii)
an officeholder while the officeholder is engaging in the duties of an officeholder.
(3)
(a)
A municipality may adopt an ordinance prohibiting a personal use expenditure by
a candidate with requirements that are more stringent than the requirements provided
in Subsection
(4)
.
(b)
The municipality may adopt definitions that are more stringent than those provided
in Subsection
(1)
or
(2)
.
(c)
If a municipality fails to adopt a personal use expenditure ordinance described in
Subsection
(3)(a)
, a candidate shall comply with the requirements contained in
Subsection
(4)
.
(4)
A candidate or an officeholder may not use money deposited into a campaign account
for:
(a)
a personal use expenditure; or
(b)
an expenditure prohibited by law.
(5)
A municipality may enforce this section by adopting an ordinance:
(a)
to provide for the evaluation of a campaign finance statement to identify a personal
use expenditure; and
(b)
to commence informal adjudicative proceedings if, after an evaluation described in
Subsection
(5)(a)
, there is probable cause to believe that a candidate or officeholder
has made a personal use expenditure.
(6)
If, in accordance with the proceedings described in Subsection
(5)(b)
established in
municipal ordinance, a municipality determines that a candidate or officeholder has
made a personal use expenditure, the municipality:
(a)
may require the candidate or officeholder to:
(i)
remit an administrative penalty of an amount equal to 50% of the personal use
expenditure to the municipality; and
(ii)
deposit the amount of the personal use expenditure into the campaign account
from which the personal use expenditure was disbursed; and
(b)
shall deposit the money received under Subsection
(6)(a)(i)
into the municipal
general fund.
Section 3. Section
10-3-209.1
is enacted to read:
10-3-209.1
. Municipal office candidate -- Year-end summary report -- Penalty.
(1)
The definitions in Sections
10-3-208
and
10-3-209
apply to this section.
(2)
(a)
A candidate who is required to file a campaign finance statement under Section
10-3-208
shall file a year-end summary report with the municipal clerk or recorder no
later than 5 p.m. on January 10 of the year after the municipal general election is held.
(b)
A candidate described in Subsection
(2)(a)
who has not filed a statement of account
dissolution and final summary report under Section
10-3-209.3
shall continue to file a
year-end summary report no later than 5 p.m. on January 10 of each year until the
statement of account dissolution and final summary report are filed.
(c)
For purposes of Subsections
(2)(a)
and
(b)
, if January 10 is not a business day, the
candidate shall file the year-end summary report no later than 5 p.m. on the first
business day after January 10.
(3)
(a)
Each year-end summary report shall include the following information as of
December 31 of the previous year:
(i)
the ending balance of the candidate's campaign account;
(ii)
the aggregate amount of contributions received during the previous calendar year;
(iii)
the aggregate amount of expenditures made during the previous calendar year;
(iv)
for each contribution received during the previous calendar year that was not
reported on a campaign finance statement filed under Section
10-3-208
, the
information required under Subsection
10-3-208(7)(a)(ii)(A)
; and
(v)
for each expenditure made during the previous calendar year that was not reported
on a campaign finance statement filed under Section
10-3-208
, the information
required under Subsection
10-3-208(7)(a)(ii)(B)
.
(b)
For purposes of Subsection
(3)(a)
, a contribution made by check or other negotiable
instrument is received by the candidate on the date the candidate takes possession of
the check or negotiable instrument.
(4)
The candidate shall certify in the year-end summary report that, to the best of the
candidate's knowledge, all contributions and all expenditures have been reported as of
December 31 of the previous year.
(5)
(a)
A municipal clerk or recorder shall impose a $100 fine against a candidate who
fails to timely file a year-end summary report in accordance with this section.
(b)
A candidate against whom a municipal clerk or recorder imposes a fine under this
section shall pay the fine no later than 5 p.m. on the last business day that is at least
30 calendar days after the day on which the municipal clerk or recorder imposes the
fine.
(c)
A municipal clerk or recorder shall provide a candidate who receives a fine under
this Subsection
(5)
a reasonable opportunity to establish, by a preponderance of the
evidence, that payment of the fine is not required.
(6)
(a)
A municipality may adopt an ordinance requiring a candidate to file a year-end
summary report with requirements that are more stringent than the requirements
described in this section.
(b)
If a municipality fails to adopt an ordinance described in Subsection
(6)(a)
, a
candidate shall comply with the requirements of this section.
Section 4. Section
10-3-209.3
is enacted to read:
10-3-209.3
. Municipal office candidate -- Final summary report -- Termination
of duty to report.
(1)
The definitions in Sections
10-3-208
and
10-3-209
apply to this section.
(2)
A candidate is subject to the year-end summary reporting requirements described in
Section
10-3-209.1
until the candidate files a statement of account dissolution with the
municipal clerk or recorder stating that:
(a)
the candidate is no longer receiving contributions and is no longer making
expenditures;
(b)
the ending balance on the most recent year-end summary report filed under Section
10-3-209.1
is zero;
(c)
the balance in the campaign account required under Subsection
10-3-208(3)(a)
is
zero; and
(d)
a final year-end summary report in the form required by Section
10-3-209.1
showing
a zero balance is attached to the statement of account dissolution.
(3)
A statement of account dissolution and final summary report may be filed at any time.
(4)
A candidate shall continue to file the year-end summary report required by Section
10-3-209.1
until the statement of account dissolution and final summary report required
by this section are filed with the municipal clerk or recorder.
(5)
A candidate shall, before filing a statement of account dissolution, dispose of any
money remaining in the campaign account described in Subsection
10-3-208(3)(a)
by:
(a)
returning the money to donors;
(b)
donating the money to an organization that is exempt from federal income taxation
under Section 501(c)(3), Internal Revenue Code; or
(c)
making another lawful expenditure of the money for political purposes.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-10-26 4:02 PM