Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 504 (2025GS)

Sponsor

Rep. Shepherd, Lisa

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires a candidate for elective office in a county, municipality, or special district to file a conflict of interest disclosure statement at the time the candidate files a declaration of candidacy;
• requires a candidate seeking to fill a midterm vacancy in an office described above to file a financial report of contributions and expenditures;
• for a midterm vacancy in an office described above, or for a midterm vacancy in a statewide, state school board, or state legislative office, requires a candidate seeking to fill the vacancy to file a conflict of interest disclosure statement;
• requires an election officer who receives a conflict of interest disclosure statement to make the disclosure available for public inspection on the state's or political subdivision's website;
• if a midterm vacancy occurs in an office for which a registered political party is entitled to declare a nominee to fill the vacancy, requires the registered political party to notify the election officer of the date, time, and location of the meeting to select the nominee;
• requires a candidate seeking to fill a midterm vacancy on the state school board to file an interim financial report with the lieutenant governor;
• clarifies when a vacancy occurs in an elective office described above;
• for a midterm vacancy in certain county offices and in a municipal office, requires the county or municipal legislative body to notify, respectively, the county or municipal clerk;
• establishes deadlines related to the processes described above;
• for state and legislative office candidates seeking appointment to fill a midterm vacancy, amends the deadline to file a campaign finance report with the lieutenant governor;
• amends conflict of interest disclosure provisions to:
• eliminate a disclosure related to a candidate's or officeholder's spousal information;
• require the disclosure of certain household adult information only in certain circumstances; and

Every vote on this bill

Bill text

70
10-3-208
10-3-301
10-3-301.5
17-16-1.5
17-16-6.5
17B-1-306.1
20A-1-503
20A-1-504
20A-1-508
20A-1-509.1
20A-1-509.2
20A-1-510
20A-1-511
20A-8-101
20A-8-402.6
20A-11-103
20A-11-204
20A-11-303
20A-11-1303
20A-11-1604
36-11-102
0
Financial and Conflict of Interest Disclosures by Candidates Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor: Ronald M. Winterton
Cosponsor:
Paul A. Cutler
LONG TITLE
General Description:
This bill amends provisions related to campaign finance and conflict of interest disclosures.
Highlighted Provisions:
This bill:
requires a candidate for elective office in a county, municipality, or special district to file 
a conflict of interest disclosure statement at the time the candidate files a declaration of 
candidacy;
requires a candidate seeking to fill a midterm vacancy in an office described above to file 
a financial report of contributions and expenditures;
for a midterm vacancy in an office described above, or for a midterm vacancy in a 
statewide, state school board, or state legislative office, requires a candidate seeking to 
fill the vacancy to file a conflict of interest disclosure statement;
requires an election officer who receives a conflict of interest disclosure statement to 
make the disclosure available for public inspection on the state's or political 
subdivision's website;
if a midterm vacancy occurs in an office for which a registered political party is entitled 
to declare a nominee to fill the vacancy, requires the registered political party to notify 
the election officer of the date, time, and location of the meeting to select the nominee;
requires a candidate seeking to fill a midterm vacancy on the state school board to file an 
interim financial report with the lieutenant governor;
clarifies when a vacancy occurs in an elective office described above;
for a midterm vacancy in certain county offices and in a municipal office, requires the 
county or municipal legislative body to notify, respectively, the county or municipal 
clerk;
establishes deadlines related to the processes described above; 
for state and legislative office candidates seeking appointment to fill a midterm vacancy, 
amends the deadline to file a campaign finance report with the lieutenant governor;
amends conflict of interest disclosure provisions to:
eliminate a disclosure related to a candidate's or officeholder's spousal information;
require the disclosure of certain household adult information only in certain 
circumstances; and
permit the candidate or officeholder making the disclosure to request the redaction of 
certain personally identifiable information from the disclosure if the candidate, 
officeholder, or the candidate's or officeholder's spouse is an at-risk government 
employee; and
makes technical and 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 2024, Chapter 158
10-3-301
, as last amended by Laws of Utah 2023, Chapter 435
17-16-6.5
, as last amended by Laws of Utah 2024, Chapter 158
20A-1-503
, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
20A-1-504
, as last amended by Laws of Utah 2020, Chapter 352
20A-1-508
, as last amended by Laws of Utah 2022, Chapters 13, 166 and 177
20A-1-509.1
, as last amended by Laws of Utah 2022, Chapter 13
20A-1-509.2
, as last amended by Laws of Utah 2019, Chapter 255
20A-1-510
, as last amended by Laws of Utah 2024, Chapters 438, 450
20A-1-511
, as last amended by Laws of Utah 2020, Chapter 271
20A-8-101
, as last amended by Laws of Utah 2023, Chapter 68
20A-11-103
, as last amended by Laws of Utah 2024, Chapter 443
20A-11-204
, as last amended by Laws of Utah 2021, Chapter 20
20A-11-303
, as last amended by Laws of Utah 2021, Chapter 20
20A-11-1303
, as last amended by Laws of Utah 2021, Chapter 20
20A-11-1604
, as last amended by Laws of Utah 2022, Chapter 170
36-11-102
, as last amended by Laws of Utah 2024, Chapters 425, 438
ENACTS:
10-3-301.5
, Utah Code Annotated 1953
17-16-1.5
, Utah Code Annotated 1953
17B-1-306.1
, Utah Code Annotated 1953
20A-8-402.6
, 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 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 nomination or election to a municipal office.
(ii)
"Candidate" does not mean a person 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 
(7)
(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 
(7)
(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.
(6)
(7)
Each campaign finance statement described in Subsection 
(4) or (5)
(4), (5), or (6)
shall:
(a)
except as provided in Subsection 
(6)(b)
(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.
(7)
(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.
(8)
(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 
(8)(a)
(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 
(9)
(10)
.
(9)
(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.
(10)
(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 
(10)(b)(i)
(11)(b)(i)
 no later than two business days after the day on 
which the statement is filed.
(11)
(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 
(11)(b)
(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.
(12)
(13)
An election official may fulfill the requirements described in Subsection 
(11)(c)(i)
(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.
(13)
(14)
Notwithstanding Subsection 
(11)(b)
(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 
(6)
(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.
(14)
(15)
A candidate for municipal office who is disqualified under Subsection 
(11)(b)
(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.
(15)
(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.
(16)
(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 
(16)(a)
(17)(a)
, the court may award costs and 
attorney fees to the prevailing party.
Section 2, Section 
10-3-301
 is amended to read:
10-3-301
. Notice -- Eligibility and residency requirements for elected municipal 
office -- Mayor and recorder limitations.
(1)
As used in this section:
(a)
"Absent" means that an elected municipal officer fails to perform official duties, 
including the officer's failure to attend each regularly scheduled meeting that the 
officer is required to attend.
(b)
"Principal place of residence" means the same as that term is defined in Section 
20A-2-105
.
(c)
"Secondary residence" means a place where an individual resides other than the 
individual's principal place of residence.
(2)
(a)
On or before May 1 in a year in which there is a municipal general election, the 
municipal clerk shall publish a notice that identifies:
(i)
the municipal offices to be voted on in the municipal general election; and
(ii)
the dates for filing a declaration of candidacy for the offices identified under 
Subsection 
(2)(a)(i)
.
(b)
The municipal clerk shall publish the notice described in Subsection 
(2)(a)
 for the 
municipality, as a class A notice under Section 
63G-30-102
, for at least seven days.
(3)
(a)
An individual who files a declaration of candidacy for a municipal office shall
:
(i)
comply with the requirements described in Section 
20A-9-203
.
; and
(ii)
file the conflict of interest disclosure statement described in Section 
10-3-301.5
.
(b)
(i)
Except as provided in Subsection 
(3)(b)(ii)
, the city recorder or town clerk of 
each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates 
described in Subsections 
20A-9-203(3)(a)(i)
 and 
(c)(i)
 unless the date occurs on a:
(A)
Saturday or Sunday; or
(B)
state holiday as listed in Section 
63G-1-301
.
(ii)
If on a regular basis a city recorder or town clerk maintains an office schedule 
that is less than 40 hours per week, the city recorder or town clerk may comply 
with Subsection 
(3)(b)(i)
 without maintaining office hours by:
(A)
posting the recorder's or clerk's contact information, including a phone 
number and email address, on the recorder's or clerk's office door, the main 
door to the municipal offices, and, if available, on the municipal website; and
(B)
being available from 8 a.m. to 5 p.m. on the dates described in Subsection 
(3)(b)(i)
, via the contact information described in Subsection 
(3)(b)(ii)(A)
.
(4)
An individual elected to municipal office shall be a registered voter in the municipality 
in which the individual is elected.
(5)
(a)
Each elected officer of a municipality shall maintain a principal place of residence 
within the municipality, and within the district that the elected officer represents, 
during the officer's term of office.
(b)
Except as provided in Subsection 
(6)
, an elected municipal office is automatically 
vacant if the officer elected to the municipal office, during the officer's term of office:
(i)
establishes a principal place of residence outside the district that the elected officer 
represents;
(ii)
resides at a secondary residence outside the district that the elected officer 
represents for a continuous period of more than 60 days while still maintaining a 
principal place of residence within the district;
(iii)
is absent from the district that the elected officer represents for a continuous 
period of more than 60 days; or
(iv)
fails to respond to a request, within 30 days after the day on which the elected 
officer receives the request, from the county clerk or the lieutenant governor 
seeking information to determine the officer's residency.
(6)
(a)
Notwithstanding Subsection 
(5)
, if an elected municipal officer obtains the 
consent of the municipal legislative body in accordance with Subsection 
(6)(b)
 before 
the expiration of the 60-day period described in Subsection 
(5)(b)(ii)
 or 
(iii)
, the 
officer may:
(i)
reside at a secondary residence outside the district that the elected officer 
represents while still maintaining a principal place of residence within the district 
for a continuous period of up to one year during the officer's term of office; or
(ii)
be absent from the district that the elected officer represents for a continuous 
period of up to one year during the officer's term of office.
(b)
At a public meeting, the municipal legislative body may give the consent described 
in Subsection 
(6)(a)
 by majority vote after taking public comment regarding:
(i)
whether the legislative body should give the consent; and
(ii)
the length of time to which the legislative body should consent.
(7)
(a)
The mayor of a municipality may not also serve as the municipal recorder or 
treasurer.
(b)
The recorder of a municipality may not also serve as the municipal treasurer.
(c)
An individual who holds a county elected office may not, at the same time, hold a 
municipal elected office.
(d)
The restriction described in Subsection 
(7)(c)
 applies regardless of whether the 
individual is elected to the office or appointed to fill a vacancy in the office.
Section 3, Section 
10-3-301.5
 is enacted to read:
10-3-301.5
. Conflict of interest disclosure statement for municipal office -- 
Required when filing for candidacy -- Public availability -- Enforcement.
(1)
(a)
A city recorder or town clerk shall, for each person seeking to become a candidate 
for a municipal office that is to be filled at the next general election, create, print, and 
provide the person with a copy of the conflict of interest disclosure statement 
described in Subsection (1)(b).
(b)
A conflict of interest disclosure statement shall:
(i)
be divided into sections representing each item of information described in 
Subsections 
20A-11-1604(6)(a)
 through (p); and
(ii)
immediately beneath each section, include a space for the candidate to provide a 
written response.
(2)
Except as provided in Subsection (3), a candidate for an office described in Subsection 
(1)(a) shall complete the conflict of interest disclosure statement and submit the 
statement to the city recorder or town clerk at the time the candidate files a declaration 
of candidacy.
(3)
A candidate is not required to comply with Subsection (2) if the candidate:
(a)
currently holds the office for which the candidate seeks reelection;
(b)
already, that same year, filed a conflict of interest disclosure statement for the office 
described in Subsection (3)(a), in accordance with Section 
10-3-1313
; and
(c)
at the time the candidate files a declaration of candidacy, indicates, in writing, that 
the conflict of interest disclosure statement described in Subsection (3)(b) is updated 
and accurate as of the date of filing the declaration of candidacy.
(4)
Except as provided in Subsection (3), a city recorder or town clerk:
(a)
may not accept a declaration of candidacy from a candidate for an office described in 
Subsection (1)(a) until the city recorder or town clerk receives a complete conflict of 
interest disclosure statement from the candidate; and
(b)
shall make a candidate's conflict of interest disclosure statement available for public 
inspection by posting an electronic copy of the statement:
(i)
on the municipality's website; or
(ii)
if the municipality does not have a website, on the website of the county where 
the municipality is located.
(5)
A city recorder or town clerk shall ensure that a candidate's conflict of interest 
disclosure statement remains posted on the website described in Subsection (4)(b) until:
(a)
the candidate resigns or is disqualified as a candidate; or
(b)
the day after the day of the official canvass for the general election.
(6)
(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.
(b)
In a civil action under Subsection (6)(a), the court may award costs and attorney fees 
to the prevailing party.
Section 4, Section 
17-16-1.5
 is enacted to read:
17-16-1.5
. Conflict of interest disclosure statement for county and local school 
board office -- Required when filing for candidacy -- Public availability -- Enforcement.
(1)
(a)
A county clerk shall, for each person seeking to become a candidate for a county 
office or local school board office that is to be filled at the next general election, 
create, print, and provide the person with a copy of the conflict of interest disclosure 
statement described in Subsection 
(1)(b)
.
(b)
A conflict of interest disclosure statement shall:
(i)
be divided into sections representing each item of information described in 
Subsections 
20A-11-1604(6)(a)
 through (p); and
(ii)
immediately beneath each section, include a space for the candidate to provide a 
written response.
(2)
Except as provided in Subsection (3), a candidate for an office described in Subsection 
(1)(a)
 shall complete the conflict of interest disclosure statement and submit the 
statement to the county clerk at the time the candidate files a declaration of candidacy.
(3)
A candidate is not required to comply with Subsection 
(2)
 if the candidate:
(a)
currently holds the office for which the candidate seeks reelection;
(b)
already, that same year, filed a conflict of interest disclosure statement for the office 
described in Subsection 
(3)(a)
, in accordance with:
(i)
for a county office, Section 
17-16a-13
; or
(ii)
for a local school board office, Section 
67-16-16
; and
(c)
at the time the candidate files a declaration of candidacy, indicates, in writing, that 
the conflict of interest disclosure statement described in Subsection 
(3)(b)
 is updated 
and accurate as of the date of filing the declaration of candidacy.
(4)
Except as provided in Subsection 
(3)
, a county clerk:
(a)
may not accept a declaration of candidacy from a candidate for an office described in 
Subsection (1)(a) until the county clerk receives a complete conflict of interest 
disclosure statement from the candidate; and
(b)
shall make a candidate's conflict of interest disclosure statement available for public 
inspection by posting an electronic copy of the statement on the county's website.
(5)
A county clerk shall ensure that a candidate's conflict of interest disclosure statement 
remains posted on the website described in Subsection (4)(b) until:
(a)
the candidate resigns or is disqualified as a candidate; or
(b)
the day after the day of the official canvass for the general election.
(6)
(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.
(b)
In a civil action under Subsection (6)(a), the court may award costs and attorney fees 
to the prevailing party.
Section 5, Section 
17-16-6.5
 is amended to read:
17-16-6.5
. Campaign financial disclosure in county elections.
(1)
(a)
A county shall adopt an ordinance establishing campaign finance disclosure 
requirements for:
(i)
(a)
candidates for county office; and
(ii)
(b)
candidates for local school board office who reside in that county.
(b)
(2)
The ordinance required by Subsection 
(1)(a)
(1)
 shall include:
(i)
(a)
a requirement that each candidate for county office or local school board office 
report the candidate's itemized and total campaign contributions and expenditures at 
least once within the two weeks before the election and at least once within two 
months after the election;
(ii)
(b)
a definition of "contribution" and "expenditure" that requires reporting of 
nonmonetary contributions such as in-kind contributions and contributions of 
tangible things;
(iii)
(c)
a requirement that the financial reports identify:
(A)
(i)
for each contribution, the name of the donor of the contribution, if known, 
and the amount of the contribution; and
(B)
(ii)
for each expenditure, the name of the recipient and the amount of the 
expenditure;
(iv)
(d)
a requirement that a candidate for county office or local school board office 
deposit a contribution in a separate campaign account into a financial institution;
(v)
(e)
a prohibition against a candidate for county office or local school board office 
depositing or mingling any contributions received into a personal or business account;
and
(vi)
(f)
a requirement that a candidate for county office who receives a contribution that 
is cash or a negotiable instrument, exceeds $50, and is from a donor whose name is 
unknown, shall, within 30 days after receiving the contribution, disburse the amount 
of the contribution to:
(A)
(i)
the treasurer of the state or a political subdivision for deposit into the state's 
or political subdivision's general fund; or
(B)
(ii)
an organization that is exempt from federal income taxation under Section 
501(c)(3), Internal Revenue Code
.
;
(g)
a requirement that a candidate seeking appointment to fill a midterm vacancy in a 
county office or local school board office file the financial report described in 
Subsection 
(2)(c)
 with the county clerk:
(i)
for a county office vacancy described in Subsection 
20A-1-508
(3) or (7), no later 
than three business days before the day on which the political party of the prior 
officeholder submits the candidate's name to the county legislative body as the 
individual the political party selects to fill the vacancy;
(ii)
for a county or district attorney office vacancy described in Subsection 
20A-1-509.1
(5)(a), no later than three business days before the day on which the 
political party of the prior officeholder submits the candidate's name to the county 
legislative body as one of the three individuals the party nominates to fill the 
vacancy;
(iii)
for a county or district attorney office vacancy described in Section 
20A-1-509.2
:
(A)
no later than the deadline for the candidate to submit an application to fill the 
vacancy under Subsection 
20A-1-509.2(2)(c)
; and
(B)
if, under Subsection 
20A-1-509.2(3)
, more than three attorneys submit an 
application to fill the vacancy, no later than three business days before the day 
on which the political party of the prior officeholder submits the candidate's 
name to the county legislative body as one of the three individuals the party 
nominates to fill the vacancy; or
(iv)
for a local school board office vacancy, no later than three business days before 
the day on which the local school board meets to interview each candidate 
interested in filling the vacancy in accordance with Section 
20A-1-511
; and
(h)
a requirement that, upon receipt of the financial report described in Subsection 
(2)(g)
, 
the county clerk immediately submit a copy of the report to the county legislative 
body.
(c)
(3)
(i)
(a)
As used in this Subsection 
(1)(c)
(3)
, "account" means an account in a 
financial institution:
(A)
(i)
that is not described in Subsection 
(1)(b)(iv)
(2)(d)
; and
(B)
(ii)
into which or from which a person who, as a candidate for an office, other 
than a county office for which the person files a declaration of candidacy or 
federal office, or as a holder of an office, other than a county office for which the 
person files a declaration of candidacy or federal office, deposits a contribution or 
makes an expenditure.
(ii)
(b)
The ordinance required by Subsection 
(1)(a)
(1)
 shall include a requirement 
that a candidate for county office or local school board office include on a financial 
report filed in accordance with the ordinance a contribution deposited in or an 
expenditure made from an account:
(A)
(i)
since the last financial report was filed; or
(B)
(ii)
that has not been reported under a statute or ordinance that governs the 
account.
(2)
(4)
If any county fails to adopt a campaign finance disclosure ordinance described in 
Subsection (1), candidates for county office, other than community council office, and 
candidates for local school board office shall comply with the financial reporting 
requirements contained in Subsections 
(3)
(5)
 through 
(8)
(10)
.
(3)
(5)
A candidate for elective office in a county or local school board office:
(a)
shall deposit a contribution into a separate campaign account in a financial 
institution; and
(b)
may not deposit or mingle any contributions received into a personal or business 
account.
(4)
(6)
Each candidate for elective office in any county who is not required to submit a 
campaign financial statement to the lieutenant governor, and each candidate for local 
school board office, shall file a signed campaign financial statement with the county 
clerk:
(a)
seven days before the date of the regular general election, reporting each contribution 
and each expenditure as of 10 days before the date of the regular general election; and
(b)
no later than 30 days after the date of the regular general election.
(5)
(7)
(a)
The statement filed seven days before the regular general election shall 
include:
(i)
a list of each contribution received by the candidate, and the name of the donor, if 
known; and
(ii)
a list of each expenditure for political purposes made during the campaign period, 
and the recipient of each expenditure.
(b)
The statement filed 30 days after the regular general election shall include:
(i)
a list of each contribution received after the cutoff date for the statement filed 
seven days before the election, and the name of the donor; and
(ii)
a list of all expenditures for political purposes made by the candidate after the 
cutoff date for the statement filed seven days before the election, and the recipient 
of each expenditure.
(6)
(8)
(a)
As used in this Subsection 
(6)
(8)
, "account" means an account in a financial 
institution:
(i)
that is not described in Subsection 
(3)(a)
(5)(a)
; and
(ii)
into which or from which a person who, as a candidate for an office, other than a 
county office for which the person filed a declaration of candidacy or federal 
office, or as a holder of an office, other than a county office for which the person 
filed a declaration of candidacy or federal office, deposits a contribution or makes 
an expenditure.
(b)
A county office candidate and a local school board office candidate shall include on 
any campaign financial statement filed in accordance with Subsection 
(4)
(6)
 or 
(5)
(7)
:
(i)
a contribution deposited into an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the 
account; or
(ii)
an expenditure made from an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the 
account.
(7)
(9)
Within 30 days after receiving a contribution that is cash or a negotiable 
instrument, exceeds $50, and is from a donor whose name is unknown, a county office 
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.
(8)
(10)
Candidates for elective office in any county, and candidates for local school board 
office, who are eliminated at a primary election shall file a signed campaign financial 
statement containing the information required by this section not later than 30 days after 
the primary election.
(11)
(a)
A candidate seeking appointment to fill a midterm vacancy in a county office or 
local school board office shall:
(i)
comply with Subsections 
(5)
 and (9); and
(ii)
file a signed campaign financial statement with the county clerk no later than the 
deadline described in Subsection (2)(g).
(b)
Upon receipt of the campaign financial statement described in Subsection 
(11)(a)(ii)
, 
the county clerk shall immediately submit a copy of the statement to the county 
legislative body.
(9)
(12)
Any person who fails to comply with this section is guilty of an infraction.
(10)
(13)
(a)
Counties may, by ordinance, enact requirements that:
(i)
require greater disclosure of campaign contributions and expenditures; and
(ii)
impose additional penalties.
(b)
The requirements described in Subsection 
(10)(a)
(13)(a)
 apply to a local school 
board office candidate who resides in that county.
(11)
(14)
If a candidate fails to file an interim report due before the election, the county 
clerk:
(a)
may send an electronic notice to the candidate and the political party of which the 
candidate is a member, if any, that states:
(i)
that the candidate failed to timely file the report; and
(ii)
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 the political party will not 
be permitted to replace the candidate; and
(b)
impose a fine of $100 on the candidate.
(12)
(15)
(a)
The county clerk shall disqualify a candidate and inform the appropriate 
election officials that the candidate is disqualified if the candidate fails to file an 
interim report described in Subsection 
(11)
(14)
 within 24 hours after the deadline 
for filing the report.
(b)
The political party of a candidate who is disqualified under Subsection 
(12)(a)
(15)(a)
 may not replace the candidate.
(c)
A candidate who is disqualified under Subsection 
(12)(a)
(15)(a)
 shall file with the 
county clerk a complete and accurate campaign finance statement within 30 days 
after the day on which the candidate is disqualified.
(13)
(16)
If a candidate is disqualified under Subsection 
(12)(a)
(15)(a)
, the election 
official:
(a)
shall:
(i)
notify every opposing candidate for the county office that the candidate is 
disqualified;
(ii)
send an email notification to each voter who is eligible to vote in the county 
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;
(iii)
post notice of the disqualification on the county's website; and
(iv)
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
(b)
may not count any votes for that candidate.
(14)
(17)
An election official may fulfill the requirement described in Subsection 
(13)(a)
(16)(a)
 in relation to a mailed ballot, including a military or overseas ballot, by including 
with the ballot a written notice directing the voter to the county's website to inform the 
voter whether a candidate on the ballot is disqualified.
(15)
(18)
A candidate is not disqualified if:
(a)
the candidate files the interim reports described in Subsection 
(11)
(14)
 no later than 
24 hours after the applicable deadlines for filing the reports;
(b)
the reports are completed, detailing accurately and completely the information 
required by this section except for inadvertent omissions or insignificant errors or 
inaccuracies; and
(c)
the omissions, errors, or inaccuracies are corrected in an amended report or in the 
next scheduled report.
(16)
(19)
(a)
A report is considered timely filed if:
(i)
the report is received in the county clerk's office no later than midnight, Mountain 
Time, at the end of the day on which the report is due;
(ii)
the report is received in the county clerk's office with a United States Postal 
Service postmark three days or more before the date that the report was due; or
(iii)
the candidate has proof that the report was mailed, with appropriate postage and 
addressing, three days before the report was due.
(b)
For a county clerk's office that is not open until midnight at the end of the day on 
which a report is due, the county clerk shall permit a candidate to file the report via 
email or another electronic means designated by the county clerk.
(17)
(20)
(a)
Any private party in interest may bring an action in a court with 
jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the 
provisions of this section or any ordinance adopted under this section.
(b)
In a civil action filed under Subsection 
(17)(a)
(20)(a)
, the court shall award costs 
and attorney fees to the prevailing party.
(18)
(21)
Notwithstanding any provision of Title 63G, Chapter 2, Government Records 
Access and Management Act, the county clerk 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 county's website 
no later than seven business days after the day on which the statement is filed; and
(ii)
in order to meet the requirements of Subsection 
20A-11-103(4)(b)(ii)
, providing 
the lieutenant governor with a link to the electronic posting described in 
Subsection 
(18)(b)(i)
(21)(b)(i)
 no later than two business days after the day the 
statement is filed.
Section 6, Section 
17B-1-306.1
 is enacted to read:
17B-1-306.1
. Conflict of interest disclosure statement for special district office -- 
Required when filing for candidacy -- Public availability -- Enforcement.
(1)
As used in this section, "filing officer" means the official designated by a special district 
board under Subsection 
17B-1-306(5)(a)
 to receive a declaration of candidacy.
(2)
(a)
A filing officer shall, for each person seeking to become a candidate for an 
elective special district board that is to be filled at the next general election, create, 
print, and provide the person with a copy of the conflict of interest disclosure 
statement described in Subsection (2)(b).
(b)
A conflict of interest disclosure statement shall:
(i)
be divided into sections representing each item of information described in 
Subsections 
20A-11-1604(6)(a)
 through (p); and
(ii)
immediately beneath each section, include a space for the candidate to provide a 
written response.
(3)
Except as provided in Subsection (4), a candidate for an office described in Subsection 
(2)(a) shall complete the conflict of interest disclosure statement and submit the 
statement to the filing officer at the time the candidate files a declaration of candidacy.
(4)
A candidate is not required to comply with Subsection 
(3)
 if the candidate:
(a)
currently holds the office for which the candidate seeks reelection;
(b)
already, that same year, filed a conflict of interest disclosure statement for the office 
described in Subsection (4)(a), in accordance with Section 
67-16-16
; and
(c)
at the time the candidate files a declaration of candidacy, indicates, in writing, that 
the conflict of interest disclosure statement described in Subsection (4)(b) is updated 
and accurate as of the date of filing the declaration of candidacy.
(5)
Except as provided in Subsection 
(4)
, a filing officer:
(a)
may not accept a declaration of candidacy from a candidate for an office described in 
Subsection (2)(a) until the filing officer receives a complete conflict of interest 
disclosure statement from the candidate; and
(b)
shall make a candidate's conflict of interest disclosure statement available for public 
inspection by posting an electronic copy of the statement on:
(i)
the special district's website; or
(ii)
if the special district does not have a website, the website of each county in which 
the special district is located.
(6)
A filing officer shall ensure that a candidate's conflict of interest disclosure statement 
remains posted on the website described in Subsection (5)(b) until:
(a)
the candidate resigns or is disqualified as a candidate; or
(b)
the day after the day of the official canvass for the general election.
(7)
(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.
(b)
In a civil action under Subsection (7)(a), the court may award costs and attorney fees 
to the prevailing party.
Section 7, Section 
20A-1-503
 is amended to read:
20A-1-503
. Midterm vacancies in the Legislature.
(1)
As used in this section:
(a)
"Filing deadline" means the final date for filing:
(i)
a declaration of candidacy as provided in Section 
20A-9-202
; and
(ii)
a certificate of nomination as provided in Section 
20A-9-503
.
(b)
"Party liaison" means the political party officer designated to serve as a liaison with 
the lieutenant governor on all matters relating to the political party's relationship with 
the state as required by Section 
20A-8-401
.
(2)
When a vacancy occurs for any reason in the office of representative in the Legislature, 
the governor shall fill the vacancy by immediately appointing the person whose name 
was submitted by the party liaison of the same political party as the prior representative.
(3)
(a)
Except as provided by Subsection 
(5)
, when a vacancy occurs for any reason in 
the office of senator in the Legislature, it shall be filled for the unexpired term at the 
next regular general election.
(b)
The governor shall fill the vacancy until the next regular general election by 
immediately appointing the person whose name was submitted by the party liaison of 
the same political party as the prior senator.
(4)
(a)
If a vacancy described in Subsection 
(3)(a)
 occurs after the filing deadline but 
before August 31 of an even-numbered year in which the term of office does not 
expire, the lieutenant governor shall:
(i)
establish a date and time, which is before the date for a candidate to be certified 
for the ballot under Section 
20A-9-701
 and no later than 21 days after the day on 
which the vacancy occurred, by which a person intending to obtain a position on 
the ballot for the vacant office shall file:
(A)
a declaration of candidacy; or
(B)
a certificate of nomination; and
(ii)
give notice of the vacancy and the date and time described in Subsection 
(4)(a)(i)
:
(A)
on the lieutenant governor's website; and
(B)
to each registered political party.
(b)
A person intending to obtain a position on the ballot for the vacant office shall:
(i)
before the date and time specified in Subsection 
(4)(a)(i)
, file a declaration of 
candidacy or certificate of nomination according to the procedures and 
requirements of 
Chapter 9, Candidate Qualifications and Nominating Procedures
; 
and
(ii)
run in the regular general election if:
(A)
nominated as a party candidate; or
(B)
qualified as an unaffiliated candidate as provided by 
Chapter 9, Candidate 
Qualifications and Nominating Procedures
.
(c)
If a vacancy described in Subsection 
(3)(a)
 occurs after the deadline described in 
Subsection 
20A-9-202(1)(b)
 and before August 31, of an even-numbered year in 
which the term of office does not expire, a party liaison from each registered political 
party may submit a name of a person described in Subsection 
(4)(b)
 to the lieutenant 
governor before 5 p.m. no later than August 30 for placement on the regular general 
election ballot.
(5)
If a vacancy described in Subsection 
(3)(a)
 occurs on or after August 31 of an 
even-numbered year in which a term does not expire, the governor shall fill the vacancy 
for the unexpired term by immediately appointing the person whose name was submitted 
by the party liaison of the same political party as the prior senator.
(6)
(a)
Except as provided in Subsection 
(6)(b)
, an individual seeking appointment to fill 
a vacancy described in this section shall, no later than the deadline for the individual 
to file an interim report under Subsection 
20A-11-303(3)(a)
, make a complete 
conflict of interest disclosure on the website described in Section 
20A-11-1602.5
.
(b)
An individual described in Subsection 
(6)
(a) is not required to comply with 
Subsection 
(6)
(a) if the individual:
(i)
(A)
currently holds the office of senator and is seeking appointment as a 
representative; or
(B)
currently holds the office of representative and is seeking appointment as a 
senator;
(ii)
already, that same year, filed a conflict of interest disclosure for the office 
described in Subsection 
(6)(b)(i)
, in accordance with Section 
20A-11-1604
; and
(iii)
no later than the deadline described in Subsection 
(6)
(a), indicates, in a written 
statement, that the conflict of interest disclosure described in Subsection 
(6)(b)(ii)
is updated and accurate as of the date of the written statement.
(7)
The lieutenant governor shall make each conflict of interest disclosure made by an 
individual described in Subsection 
(6)(a)
 available for public inspection in accordance 
with Subsection 
20A-11-1603(4)
.
(8)
A vacancy in the office of senator or representative of the Legislature does not occur 
unless the senator or representative:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to:
(i)
for a senator, the president of the Senate; or
(ii)
for a representative, the speaker of the House of Representatives.
Section 8, Section 
20A-1-504
 is amended to read:
20A-1-504
. Midterm vacancies in the offices of attorney general, state treasurer, 
state auditor, State Board of Education member, and lieutenant governor.
(1)
(a)
When a vacancy occurs for any reason in the office of attorney general, state 
treasurer, state auditor, or State Board of Education member, the vacancy shall be 
filled for the unexpired term at the next regular general election.
(b)
The governor shall fill the vacancy until the next regular general election by:
(i)
appointing a person who meets the qualifications for the office from three persons 
nominated by the state central committee of the same political party as the prior 
officeholder; or
(ii)
for a State Board of Education vacancy, if the individual who is being replaced:
(A)
was elected at a nonpartisan State Board of Education election, by appointing, 
with the advice and consent of the Senate, an individual who meets the 
qualifications and residency requirements for filling the vacancy described in 
Section 
20A-14-103
;
(B)
was elected at a partisan State Board of Education election, but is not a 
member of a political party, by appointing, with the advice and consent of the 
Senate, an individual who meets the qualifications and residency requirements 
for filling the vacancy described in Section 
20A-14-103
; or
(C)
was elected at a partisan State Board of Education election, and is a member 
of a political party, by appointing an individual who meets the qualifications 
for the office from three persons nominated by the state central committee of 
the same political party as the prior officeholder.
(2)
If a vacancy occurs in the office of lieutenant governor, the governor shall, with the 
advice and consent of the Senate, appoint a person to hold the office until the next 
regular general election at which the governor stands for election.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, an individual seeking appointment to fill 
a vacancy described in this section shall make a complete conflict of interest 
disclosure on the website described in Section 
20A-11-1602.5
:
(i)
for a vacancy in the office of lieutenant governor, attorney general, state treasurer, 
or state auditor, no later than the deadline for the individual to file an interim 
report under Subsection 
20A-11-204(3)(a)
; or
(ii)
for a vacancy in the office of State Board of Education member, no later than the 
deadline for the individual to file an interim report under Subsection 
20A-11-1303(2)
(a).
(b)
An individual described in Subsection 
(3)
(a) is not required to comply with 
Subsection 
(3)
(a) if the individual:
(i)
currently holds an office described in Subsection 
(1)(a)
 or (2);
(ii)
already, that same year, filed a conflict of interest disclosure for the office 
described in Subsection 
(3)(b)(i)
, in accordance with Section 
20A-11-1604
; and
(iii)
no later than the deadline described in Subsection 
(3)(a)
, indicates, in a written 
statement, that the conflict of interest disclosure described in Subsection 
(3)(b)(ii)
is updated and accurate as of the date of the written statement.
(4)
The lieutenant governor shall make each conflict of interest disclosure made by an 
individual described in Subsection 
(3)(a)
 available for public inspection in accordance 
with Subsection 
20A-11-1603(4)
.
(5)
A vacancy in an office described in Subsection 
(1)(a)
 or (2) does not occur unless the 
individual occupying the office:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to the governor.
Section 9, Section 
20A-1-508
 is amended to read:
20A-1-508
. Midterm vacancies in county elected offices -- Temporary manager 
-- Interim replacement.
(1)
As used in this section:
(a)
(i)
"County offices" includes the county executive, members of the county 
legislative body, the county treasurer, the county sheriff, the county clerk, the 
county auditor, the county recorder, the county surveyor, and the county assessor.
(ii)
"County offices" does not include the office of county attorney, district attorney, 
or judge.
(b)
"Party liaison" means the political party officer designated to serve as a liaison with 
each county legislative body on all matters relating to the political party's relationship 
with a county as required by Section 
20A-8-401
.
(2)
(a)
Except as provided in Subsection 
(2)(d)
, until a county legislative body appoints 
an interim replacement to fill a vacant county office under Subsection 
(3)
, the 
following shall temporarily discharge the duties of the county office as a temporary 
manager:
(i)
for a county office with one chief deputy, the chief deputy;
(ii)
for a county office with more than one chief deputy:
(A)
the chief deputy with the most cumulative time served as a chief deputy for 
the county office; or
(B)
notwithstanding Subsection 
(2)(a)(ii)(A)
, if, before the vacating county officer 
vacates the office, the county officer files with the county clerk a written 
statement designating one of the county officer's chief deputies to discharge the 
duties of the county office in the event the county officer vacates the office, the 
designated chief deputy; or
(iii)
for a county office without a chief deputy:
(A)
if one management-level employee serving under the county office has a 
higher-seniority management level than any other employee serving under the 
county office, that management-level employee;
(B)
if two or more management-level employees serving under the county office 
have the same and highest-seniority management level, the highest-seniority 
management-level employee with the most cumulative time served in the 
employee's current position; or
(C)
notwithstanding Subsection 
(2)(a)(iii)(A)
 or 
(B)
, if, before the vacating county 
officer vacates the office, the county officer files with the county clerk a 
written statement designating one of the county officer's employees to 
discharge the county officer's duties in the event the county officer vacates the 
office, the designated employee.
(b)
Except as provided in Subsection 
(2)(c)
, a temporary manager described in 
Subsection 
(2)(a)
 who temporarily discharges the duties of a county office holds the 
powers and duties of the county office until the county legislative body appoints an 
interim replacement under Subsection 
(3)
.
(c)
The temporary manager described in Subsection 
(2)(a)
 who temporarily discharges 
the duties of a county office:
(i)
may not take an oath of office for the county office as a temporary manager;
(ii)
shall comply with 
Title 17, Chapter 36, Uniform Fiscal Procedures Act for 
Counties
, and the county's budget ordinances and policies;
(iii)
unless approved by the county legislative body, may not change the 
compensation of an employee;
(iv)
unless approved by the county legislative body, may not promote or demote an 
employee or change an employee's job title;
(v)
may terminate an employee only if the termination is conducted in accordance 
with:
(A)
personnel rules described in Subsection 
17-33-5(4)
 that are approved by the 
county legislative body; and
(B)
applicable law;
(vi)
unless approved by the county legislative body, may not exceed by more than 5% 
an expenditure that was planned before the county office for which the temporary 
manager discharges duties was vacated;
(vii)
except as provided in Subsection 
(2)(c)(viii)
, may not receive a change in title or 
compensation; and
(viii)
if approved by the county legislative body, may receive a performance award 
after:
(A)
the county legislative body appoints an interim replacement under Subsection 
(3)
; and
(B)
the interim replacement is sworn into office.
(d)
This Subsection 
(2)
 does not apply to a vacancy in the office of county legislative 
body member.
(3)
(a)
Until a replacement is selected as provided in this section and has qualified, the 
county legislative body shall appoint an interim replacement to fill the vacant office 
by following the procedures and requirements of this Subsection 
(3)
.
(b)
(i)
To appoint an interim replacement, the county legislative body shall, within 10 
days after the day on which the vacancy occurs, give notice of the vacancy to
:
(A)
the county clerk; and
(B)
the party liaison of the same political party of the prior office holder
 and
.
(ii)
invite that party liaison
The county legislative body shall invite the party liaison 
described in Subsection (3)(b)(i)(B)
 to submit the name of an individual to fill the 
vacancy.
(ii)
(iii)
That party liaison
The party liaison
 shall, before 5 p.m. within 30 days after 
the day on which the 
party 
liaison receives the notice described in Subsection 
(3)(b)(i)
(B)
, or if the party liaison does not receive the notice, before 5 p.m. within 
40 days after the day on which the vacancy occurs, submit to the county 
legislative body the name of an individual the party selects in accordance with the 
party's constitution or bylaws to serve as the interim replacement.
(iii)
(iv)
The county legislative body shall, no later than five days after the day on 
which a party liaison submits the name of the individual to serve as the interim 
replacement, appoint the individual to serve out the unexpired term.
(c)
(i)
If the county legislative body fails to appoint an interim replacement to fill the 
vacancy in accordance with Subsection 
(3)(b)(iii)
(3)(b)(iv)
, the county clerk 
shall, no later than five days after the day of the deadline described in Subsection 
(3)(b)(iii)
, send to the governor a letter that:
(A)
informs the governor that the county legislative body has failed to appoint a 
replacement within the statutory time period; and
(B)
contains the name of the individual submitted by the party liaison to fill the 
vacancy.
(ii)
The governor shall, within 10 days after the day on which the governor receives 
the letter described in Subsection 
(3)(c)(i)
, appoint the individual named by the 
party liaison as an interim replacement to fill the vacancy.
(d)
An individual appointed as interim replacement under this Subsection 
(3)
 shall hold 
office until a successor is elected and has qualified.
(4)
(a)
The requirements of this Subsection 
(4)
 apply to all county offices that become 
vacant if:
(i)
the vacant office has an unexpired term of two years or more; and
(ii)
the vacancy occurs after the election at which the officeholder was elected, but 
before the first day of the declaration of candidacy filing period described in 
Section 
20A-9-201.5
.
(b)
(i)
When the conditions described in Subsection 
(4)(a)
 are met, the county clerk 
shall as soon as practicable, but no later than 180 days before the next regular 
general election, notify the public and each registered political party that the 
vacancy exists.
(ii)
An individual intending to become a party candidate for the vacant office shall 
file a declaration of candidacy in accordance with:
(A)
Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy
; 
and
(B)
for a county commission office, Subsection 
17-52a-201(6)
 or 
17-52a-202(6)
, 
if applicable.
(iii)
An individual who is nominated as a party candidate, who qualifies as an 
unaffiliated candidate for the vacant office under 
Chapter 9, Part 5, Candidates not 
Affiliated with a Party
, or who qualifies as a write-in candidate for the vacant 
office under 
Chapter 9, Part 6, Write-in Candidates
, shall run in the regular 
general election.
(5)
(a)
The requirements of this Subsection 
(5)
 apply to all county offices that become 
vacant if:
(i)
the vacant office has an unexpired term of two years or more; and
(ii)
the vacancy occurs on or after the first day of the declaration of candidacy filing 
period described in Section 
20A-9-201.5
, but more than 75 days before the regular 
primary election.
(b)
When the conditions described in Subsection 
(5)(a)
 are met, the county clerk shall as 
soon as practicable, but no later than 70 days before the next regular primary 
election, notify the public and each registered political party:
(i)
that the vacancy exists; and
(ii)
of the deadlines described in Subsection 
(5)(c)(i)
 and the deadlines established 
under Subsection 
(5)(d)(ii)
.
(c)
(i)
An individual intending to become a party candidate for a vacant office shall, 
within five days after the day on which the notice is given, ending at the close of 
normal office hours on the fifth day, file a declaration of candidacy for the vacant 
office in accordance with:
(A)
Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy
; 
and
(B)
for a county commission office, Subsection 
17-52a-201(6)
 or 
17-52a-202(6)
, 
if applicable.
(ii)
The county central committee of each party shall:
(A)
select a candidate or candidates from among those qualified candidates who 
have filed declarations of candidacy; and
(B)
certify the name of the candidate or candidates to the county clerk as soon as 
practicable, but before 5 p.m. no later than 60 days before the day of the 
regular primary election.
(d)
(i)
Except as provided in Subsection 
(5)(d)(ii)
, an individual intending to become a 
candidate for a vacant office who does not wish to affiliate with a registered 
political party shall file a verified certificate of nomination described in Section 
20A-9-502
 with the county clerk in accordance with 
Chapter 9, Part 5, Candidates 
not Affiliated with a Party
.
(ii)
(A)
The county clerk shall establish, in the clerk's reasonable discretion, a 
deadline that is before 5 p.m. no later than 65 days before the day of the next 
regular general election by which an individual who is not affiliated with a 
registered political party is required to submit a certificate of nomination under 
Subsection 
(5)(d)(i)
.
(B)
The county clerk shall establish the deadline described in Subsection 
(5)(d)(ii)(A)
 in a manner that gives an unaffiliated candidate an equal 
opportunity to access the regular general election ballot.
(e)
An individual who is nominated as a party candidate for the vacant office, who 
qualifies as an unaffiliated candidate for the vacant office under 
Chapter 9, Part 5, 
Candidates not Affiliated with a Party
, or who qualifies as a write-in candidate for the 
vacant office under 
Chapter 9, Part 6, Write-in Candidates
, shall run in the regular 
general election.
(6)
(a)
The requirements of this Subsection 
(6)
 apply to all county offices that become 
vacant:
(i)
if the vacant office has an unexpired term of two years or more; and
(ii)
when 75 days or less remain before the day of the regular primary election but 
more than 65 days remain before the day of the regular general election.
(b)
When the conditions described in Subsection 
(6)(a)
 are met, the county clerk shall, as 
soon as practicable, notify the public and each registered political party:
(i)
that the vacancy exists; and
(ii)
of the deadlines established under Subsection 
(6)(d)
.
(c)
(i)
Before the deadline that the county clerk establishes under Subsection 
(6)(d)(i)(A)
, the county central committee of each registered political party that 
wishes to submit a candidate for the office shall certify the name of one candidate 
to the county clerk for placement on the regular general election ballot.
(ii)
Before the deadline that the county clerk establishes under Subsection 
(6)(d)(i)(B)
, 
a candidate who does not wish to affiliate with a registered political party shall file 
a verified certificate of nomination described in Section 
20A-9-502
 with the 
county clerk in accordance with 
Chapter 9, Part 5, Candidates not Affiliated with 
a Party
.
(iii)
Before the deadline that the county clerk establishes under Subsection 
(6)(d)(i)(C)
, a write-in candidate shall submit to the county clerk a declaration of 
candidacy described in Section 
20A-9-601
.
(d)
(i)
The county clerk shall establish, in the clerk's reasonable discretion, deadlines 
that are before 5 p.m. no later than 65 days before the day of the next regular 
general election by which:
(A)
a registered political party is required to certify a name under Subsection 
(6)(c)(i)
;
(B)
an individual who does not wish to affiliate with a registered political party is 
required to submit a certificate of nomination under Subsection 
(6)(c)(ii)
; and
(C)
a write-in candidate is required to submit a declaration of candidacy under 
Subsection 
(6)(c)(iii)
.
(ii)
The county clerk shall establish deadlines under Subsection 
(6)(d)(i)
 in a manner 
that gives an unaffiliated candidate or a write-in candidate an equal opportunity to 
access the regular general election ballot.
(e)
An individual who is certified as a party candidate for the vacant office, who 
qualifies as an unaffiliated candidate for the vacant office under 
Chapter 9, Part 5, 
Candidates not Affiliated with a Party
, or who qualifies as a write-in candidate for the 
vacant office under 
Chapter 9, Part 6, Write-in Candidates
, shall run in the regular 
general election.
(7)
(a)
The requirements of this Subsection 
(7)
 apply to all county offices that become 
vacant:
(i)
if the vacant office has an unexpired term of less than two years; or
(ii)
if the vacant office has an unexpired term of two years or more but 65 days or 
less remain before the day of the next regular general election.
(b)
(i)
When the conditions described in Subsection 
(7)(a)
 are met, the county 
legislative body shall as soon as practicable, but no later than 10 days after the day 
on which the vacancy occurs, give notice of the vacancy to
:
(A)
the county clerk; and
(B)
the party liaison of the same political party as the prior office holder
 and
.
(ii)
invite that party liaison
The county legislative body shall invite the party liaison 
described in Subsection (7)(b)(i)(B)
 to submit the name of an individual to fill the 
vacancy.
(ii)
(iii)
That party liaison
The party liaison
 shall, before 5 p.m. within 30 days after 
the day on which the party liaison receives the notice described in Subsection 
(7)(b)(i)
(B)
, or if the party liaison does not receive the notice, before 5 p.m. no 
later than 40 days after the day on which the vacancy occurs, submit to the county 
legislative body the name of an individual to fill the vacancy.
(iii)
(iv)
The county legislative body shall, no later than five days after the day on 
which a party liaison submits the name of the individual to fill the vacancy, 
appoint the individual to serve out the unexpired term.
(c)
(i)
If the county legislative body fails to appoint an individual to fill the vacancy in 
accordance with Subsection 
(7)(b)(iii)
(7)(b)(iv)
, the county clerk shall send to 
the governor a letter that:
(A)
informs the governor that the county legislative body has failed to appoint an 
individual to fill the vacancy within the statutory time period; and
(B)
contains the name of the individual submitted by the party liaison to fill the 
vacancy.
(ii)
The governor shall, within 10 days after the day on which the governor receives 
the letter described in Subsection 
(7)(c)(i)
, appoint the individual named by the 
party liaison to fill the vacancy.
(d)
An individual appointed to fill the vacancy under this Subsection 
(7)
 shall hold office 
until a successor is elected and has qualified.
(8)
Except as otherwise provided by law, the county legislative body may appoint 
replacements to fill all vacancies that occur in those offices filled by appointment of the 
county legislative body.
(9)
Nothing in this section prohibits a candidate that does not wish to affiliate with a 
political party from filing a certificate of nomination for a vacant office within the same 
time limits as a candidate that is affiliated with a political party.
(10)
(a)
Each individual elected under Subsection 
(4)
, 
(5)
, or 
(6)
 to fill a vacancy in a 
county office shall serve for the remainder of the unexpired term of the individual 
who created the vacancy and until a successor is elected and qualified.
(b)
Nothing in this section may be construed to contradict or alter the provisions of 
Section 
17-16-6
.
(11)
(a)
Except as provided in Subsection 
(11)(b)
, for an individual seeking appointment 
to fill a vacancy described in Subsection 
(3)
 or 
(7)
 the individual shall, no later than 
the deadline for the individual to file a financial report under Section 
17-16-6.5
:
(i)
complete a conflict of interest disclosure statement in accordance with Section 
17-16-1.5
; and
(ii)
submit the conflict of interest disclosure statement to the county legislative body 
and the county clerk.
(b)
An individual described in Subsection 
(11)
(a) is not required to comply with 
Subsection 
(11)
(a) if the individual:
(i)
currently holds an office described in Subsection 
(1)(a)(i)
;
(ii)
already, that same year, filed a conflict of interest disclosure statement for the 
office described in Subsection 
(11)(b)(i)
, in accordance with Section 
17-16a-13
; 
and
(iii)
no later than the deadline described in Subsection 
(11)
(a), indicates, in a written 
notice submitted to the county clerk, that the conflict of interest disclosure 
statement described in Subsection 
(11)(b)(ii)
 is updated and accurate as of the date 
of the written notice.
(12)
(a)
The county clerk shall make each conflict of interest disclosure statement made 
by an individual described in Subsection 
(11)(a)
 available for public inspection by 
posting an electronic copy of the statement on the county's website for at least 10 
calendar days after the day on which the county legislative body:
(i)
appoints an interim replacement under Subsection 
(3)
; or
(ii)
appoints an individual to fill a vacancy under Subsection 
(7)
.
(b)
The county clerk shall post the electronic statement described in Subsection 
(12)(a)
no later than two business days after the day on which the county clerk receives the 
statement.
(13)
A vacancy in a county office does not occur unless the individual occupying the office:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to the county legislative body.
Section 10, Section 
20A-1-509.1
 is amended to read:
20A-1-509.1
. Procedure for filling midterm vacancy in county or district with 15 
or more attorneys.
(1)
When a vacancy occurs in the office of county or district attorney in a county or district 
having 15 or more attorneys who are licensed active members in good standing with the 
Utah State Bar and registered voters, the vacancy shall be filled as provided in this 
section.
(2)
(a)
The requirements of this Subsection 
(2)
 apply when the office of county attorney 
or district attorney becomes vacant and:
(i)
the vacant office has an unexpired term of two years or more; and
(ii)
the vacancy occurs before the first day of the declaration of candidacy filing 
period described in Section 
20A-9-201.5
.
(b)
When the conditions established in Subsection 
(2)(a)
 are met, the county clerk shall 
notify the public and each registered political party that the vacancy exists.
(c)
All persons intending to become candidates for the vacant office shall:
(i)
file a declaration of candidacy according to the procedures and requirements of 
Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy
;
(ii)
if nominated as a party candidate or qualified as an independent or write-in 
candidate under 
Chapter 9, Candidate Qualifications and Nominating Procedures
, 
run in the regular general election; and
(iii)
if elected, complete the unexpired term of the person who created the vacancy.
(d)
If the vacancy occurs during the declaration of candidacy filing period described in 
Section 
20A-9-201.5
:
(i)
the time for filing a declaration of candidacy under Section 
20A-9-202
 shall be 
extended until 5 p.m. seven days after the last day of the filing period described in 
Section 
20A-9-201.5
; and
(ii)
the county clerk shall notify the public and each registered political party that the 
vacancy exists.
(3)
(a)
The requirements of this Subsection 
(3)
 apply when the office of county attorney 
or district attorney becomes vacant and:
(i)
the vacant office has an unexpired term of two years or more; and
(ii)
the vacancy occurs after the third Thursday in March of the even-numbered year 
but more than 75 days before the regular primary election.
(b)
When the conditions established in Subsection 
(3)(a)
 are met, the county clerk shall:
(i)
notify the public and each registered political party that the vacancy exists; and
(ii)
identify the date and time by which a person interested in becoming a candidate 
shall file a declaration of candidacy.
(c)
All persons intending to become candidates for the vacant office shall:
(i)
before 5 p.m. within five days after the day on which the county clerk gives the 
notice described in Subsection 
(3)(b)(i)
, file a declaration of candidacy for the 
vacant office as required by 
Chapter 9, Part 2, Candidate Qualifications and 
Declarations of Candidacy
; and
(ii)
if elected, complete the unexpired term of the person who created the vacancy.
(d)
The county central committee of each party shall:
(i)
select a candidate or candidates from among those qualified candidates who have 
filed declarations of candidacy; and
(ii)
certify the name of the candidate or candidates to the county clerk:
(A)
before 5 p.m. no later than 60 days before the day of the regular primary 
election; or
(B)
electronically, before midnight no later than 60 days before the day of the 
regular primary election.
(4)
(a)
The requirements of this Subsection 
(4)
 apply when the office of county attorney 
or district attorney becomes vacant and:
(i)
the vacant office has an unexpired term of two years or more; and
(ii)
75 days or less remain before the regular primary election but more than 65 days 
remain before the regular general election.
(b)
When the conditions established in Subsection 
(4)(a)
 are met, the county central 
committees of each registered political party that 
wish
wishes
 to submit a candidate 
for the office shall, not later than five days after the day on which the vacancy occurs, 
certify the name of one candidate to the county clerk for placement on the regular 
general election ballot.
(c)
The candidate elected shall complete the unexpired term of the person who created 
the vacancy.
(5)
(a)
The requirements of this Subsection 
(5)
 apply when the office of county attorney 
or district attorney becomes vacant and:
(i)
the vacant office has an unexpired term of less than two years; or
(ii)
the vacant office has an unexpired term of two years or more but 65 days or less 
remain before the next regular general election.
(b)
When the conditions established in Subsection 
(5)(a)
 are met, the county legislative 
body shall give notice of the vacancy to
:
(i)
the county clerk; and
(ii)
the county central committee of the same political party of the prior officeholder
and
.
(c)
invite that committee
The county legislative body shall invite the committee 
described in Subsection 
(5)(b)(ii)
 to submit the names of three nominees to fill the 
vacancy.
(c)
(d)
That
The
 county central committee shall, within 30 days after the day on which 
the county legislative body gives the notice described in Subsection 
(5)(b)
(ii)
, submit 
to the county legislative body the names of three nominees to fill the vacancy.
(d)
(e)
The county legislative body shall, within 45 days after the vacancy occurs, 
appoint one of those nominees to serve out the unexpired term.
(e)
(f)
If the county legislative body fails to appoint a person to fill the vacancy within 
45 days, the county clerk shall send to the governor a letter that:
(i)
informs the governor that the county legislative body has failed to appoint a 
person to fill the vacancy within the statutory time period; and
(ii)
contains the list of nominees submitted by the party central committee.
(f)
(g)
The governor shall appoint a person to fill the vacancy from that list of nominees 
within 30 days after receipt of the letter.
(g)
(h)
A person appointed to fill the vacancy under this Subsection 
(5)
 shall complete 
the unexpired term of the person who created the vacancy.
(6)
A person seeking appointment to fill a vacancy described in Subsection 
(5)
(a) shall, no 
later than the deadline for the person to file a financial report under Section 
17-16-6.5
:
(a)
complete a conflict of interest disclosure statement in accordance with Section 
17-16-1.5
; and
(b)
submit the conflict of interest disclosure statement to the county legislative body and 
the county clerk.
(7)
(a)
The county clerk shall make each conflict of interest disclosure statement made by 
a person described in Subsection 
(6)
 available for public inspection by posting an 
electronic copy of the statement on the county's website for at least 10 calendar days 
after the day on which the county legislative body appoints a person to fill the 
vacancy.
(b)
The county clerk shall post the electronic statement described in Subsection 
(7)(a)
 no 
later than two business days after the day on which the county clerk receives the 
statement.
(8)
A vacancy in the office described in Subsection 
(1)
 does not occur unless the person 
occupying the office:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to the county legislative body.
(6)
(9)
Nothing in this section prevents or prohibits independent candidates from filing a 
declaration of candidacy for the office within the required time limits.
Section 11, Section 
20A-1-509.2
 is amended to read:
20A-1-509.2
. Procedure for filling vacancy in county or district with fewer than 
15 attorneys.
(1)
When a vacancy occurs in the office of county or district attorney, including a vacancy 
created by the failure of a person to file as a candidate for the office of county or district 
attorney in an election, in a county or district having fewer than 15 attorneys who are 
licensed, active members in good standing with the Utah State Bar and registered voters, 
the vacancy shall be filled as provided in this section.
(2)
The county clerk shall send a letter to each attorney residing in the county or district 
who is a licensed, active member in good standing with the Utah State Bar and a 
registered voter that:
(a)
informs the attorney of the vacancy;
(b)
invites the attorney to apply for the vacancy; and
(c)
informs the attorney that if the attorney has not responded before 5 p.m. within 10 
calendar days after the day on which the county clerk sends the letter, the attorney's 
candidacy to fill the vacancy will not be considered.
(3)
(a)
(i)
If, before the deadline described in Subsection 
(2)(c)
, more than three 
attorneys who are licensed, active members in good standing with the Utah State 
Bar and registered voters in the county or district have applied for the vacancy, the 
county clerk shall, except as provided in Subsection 
(3)(a)(ii)
, submit the 
applications to the county central committee of the same political party of the 
prior officeholder.
(ii)
In multicounty prosecution districts, the clerk shall submit the applications to the 
county central committee of each county within the prosecution district.
(b)
The central committee shall nominate three of the applicants and forward the 
applicants' names to the county legislative body before 5 p.m. within 20 days after 
the day on which the county clerk submits the applicants' names under Subsection 
(3)(a)
.
(c)
The county legislative body shall appoint one of the nominees to fill the vacant 
position.
(d)
If the central committee of the political party fails to submit at least three names to 
the county legislative body before the deadline described in Subsection 
(3)(b)
, the 
county legislative body shall appoint one of the applicants to fill the vacant position.
(e)
If the county legislative body fails to appoint a person to fill the vacancy within 120 
days after the day on which the vacancy occurs, the county clerk shall mail to the 
governor:
(i)
a letter informing the governor that the county legislative body has failed to 
appoint a person to fill the vacancy; and
(ii)
(A)
the list of nominees, if any, submitted by the central committee of the 
political party; or
(B)
if the party central committee has not submitted a list of at least three 
nominees within the required time, the names of the persons who submitted 
applications for the vacant position to the county clerk.
(f)
The governor shall appoint, within 30 days after the day on which the governor 
receives the letter, a person from the list to fill the vacancy.
(4)
(a)
If, before the deadline described in Subsection 
(2)(c)
, three or fewer attorneys who 
are licensed, active members in good standing with the Utah State Bar and registered 
voters in the county or district have applied for the vacancy, the county legislative 
body may:
(i)
appoint one of them to be county or district attorney; or
(ii)
solicit additional applicants and appoint a county or district attorney as provided 
in Subsection 
(4)(b)
.
(b)
(i)
If three or fewer attorneys who are licensed members in good standing of the 
Utah State Bar and registered voters in the county or district submit applications, 
the county legislative body may publicly solicit and accept additional applications 
for the position from licensed, active members in good standing of the Utah State 
Bar who are not residents of the county or prosecution district.
(ii)
The county legislative body shall consider the applications submitted by the 
attorneys who are residents of and registered voters in the county or prosecution 
district and the applications submitted by the attorneys who are not residents of 
the county or prosecution district and shall appoint one of the applicants to be 
county attorney or district attorney.
(c)
If the legislative body fails to appoint a person to fill the vacancy within 120 days 
after the day on which the vacancy occurs, the county clerk shall:
(i)
notify the governor that the legislative body has failed to fill the vacancy within 
the required time period; and
(ii)
provide the governor with a list of all the applicants.
(d)
The governor shall appoint a person to fill the vacancy within 30 days after the day 
on which the governor receives the notification.
(5)
The person appointed to fill the vacancy shall serve for the unexpired term of the person 
who created the vacancy.
(6)
A person seeking appointment to fill a vacancy under this section shall, no later than the 
deadline for the person to file a financial report under Section 
17-16-6.5
:
(a)
complete a conflict of interest disclosure statement in accordance with Section 
17-16-1.5
; and
(b)
submit the conflict of interest disclosure statement to the county legislative body and 
the county clerk.
(7)
(a)
The county clerk shall make each conflict of interest disclosure statement made by 
a person described in Subsection (6) available for public inspection by posting an 
electronic copy of the statement on the county's website for at least 10 calendar days 
after the day on which the county legislative body appoints a person to fill the 
vacancy.
(b)
The county clerk shall post the electronic statement described in Subsection (7)(a) no 
later than two business days after the day on which the county clerk receives the 
statement.
(8)
A vacancy in the office described in Subsection 
(1)
 does not occur until the person 
occupying the office:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to the county legislative body.
Section 12, Section 
20A-1-510
 is amended to read:
20A-1-510
. Midterm vacancies in municipal offices.
(1)
(a)
As used in this section:
(i)
"Vacancy," subject to Subsection (1)(a)(ii), means the same as that term is defined 
in Section 
20A-1-102
.
(ii)
"Vacancy," if due to resignation, occurs
 on the effective date of the resignation.
:
(A)
for a municipal executive, on the effective date of an irrevocable letter of 
resignation submitted by the municipal executive to the municipal legislative 
body; or
(B)
for a member of a municipal legislative body, on the effective date of an 
irrevocable letter of resignation submitted by the member to the municipal 
legislative body.
(b)
Except as otherwise provided in this section, if any vacancy occurs in the office of 
municipal executive or member of a municipal legislative body, the municipal 
legislative body shall, within 30 calendar days after the day on which the vacancy 
occurs, appoint a registered voter in the municipality who meets the qualifications for 
office described in Section 
10-3-301
 to fill the unexpired term of the vacated office.
(c)
Before acting to fill the vacancy, the municipal legislative body shall:
(i)
immediately notify the municipal recorder or clerk;
(ii)
give public notice of the vacancy at least 14 calendar days before the day on 
which the municipal legislative body meets to fill the vacancy;
(ii)
(iii)
identify, in the notice:
(A)
the date, time, and place of the meeting where the vacancy will be filled;
(B)
the person to whom an individual interested in being appointed to fill the 
vacancy may submit the interested individual's name for consideration; and
(C)
the deadline for submitting an interested individual's name; and
(iii)
(iv)
in an open meeting, interview each individual whose name is submitted for 
consideration, and who meets the qualifications for office, regarding the 
individual's qualifications.
(d)
(i)
The municipal legislative body shall take an initial vote to fill the vacancy from 
among the names of the candidates interviewed under Subsection 
(1)(c)(iii)
(1)(c)(iv)
.
(ii)
(A)
If no candidate receives a majority vote of the municipal legislative body 
in the initial vote described in Subsection (1)(d)(i), the two candidates that 
received the most votes in the initial vote, as determined by the tie-breaking 
procedures described in Subsections (1)(d)(ii)(B) through (D) if necessary, 
shall be placed before the municipal legislative body for a second vote to fill 
the vacancy.
(B)
If the initial vote results in a tie for second place, the candidates tied for 
second place shall be reduced to one by a coin toss conducted in accordance 
with Subsection (1)(d)(ii)(D), and the second vote described in Subsection 
(1)(d)(ii)(A) shall be between the candidate that received the most votes in the 
initial vote and the candidate that wins the coin toss described in this 
Subsection (1)(d)(ii)(B).
(C)
If the initial vote results in a tie among three or more candidates for first place, 
the candidates tied for first place shall be reduced to two by a coin toss 
conducted in accordance with Subsection (1)(d)(ii)(D), and the second vote 
described in Subsection (1)(d)(ii)(A) shall be between the two candidates that 
remain after the coin toss described in this Subsection (1)(d)(ii)(C).
(D)
A coin toss required under this Subsection (1)(d) shall be conducted by the 
municipal clerk or recorder in the presence of the municipal legislative body.
(iii)
If, in the second vote described in Subsection (1)(d)(ii)(A), neither candidate 
receives a majority vote of the municipal legislative body, the vacancy shall be 
determined by a coin toss between the two candidates in accordance with 
Subsection (1)(d)(ii)(D).
(e)
If the municipal legislative body does not timely comply with Subsections (1)(b) 
through (d), the municipal clerk or recorder shall immediately notify the lieutenant 
governor.
(f)
After receiving notice that a municipal legislative body has failed to timely comply 
with Subsections (1)(b) through (d), the lieutenant governor shall:
(i)
notify the municipal legislative body of the violation; and
(ii)
direct the municipal legislative body to, within 30 calendar days after the day on 
which the lieutenant governor provides the notice described in this Subsection 
(1)(f), appoint an eligible individual to fill the vacancy in accordance with 
Subsections (1)(c) and (d).
(g)
If the municipality fails to timely comply with a directive described in Subsection 
(1)(f):
(i)
the lieutenant governor shall notify the governor of the municipality's failure to fill 
the vacancy; and
(ii)
the governor shall, within 45 days after the day on which the governor receives 
the notice described in Subsection (1)(g)(i), provide public notice soliciting 
candidates to fill the vacancy in accordance with Subsection (1)(c) and appoint an 
individual to fill the vacancy.
(2)
(a)
A vacancy in the office of municipal executive or member of a municipal 
legislative body shall be filled by an interim appointment, followed by an election to 
fill a two-year term, if:
(i)
the vacancy occurs, or a letter of resignation is received, by the municipal 
executive at least 14 days before the deadline for filing for election in an 
odd-numbered year; and
(ii)
two years of the vacated term will remain after the first Monday of January 
following the next municipal election.
(b)
In appointing an interim replacement, the municipal legislative body shall:
(i)
comply with the notice requirements of this section; and
(ii)
in an open meeting, interview each individual whose name is submitted for 
consideration, and who meets the qualifications for office, regarding the 
individual's qualifications.
(3)
(a)
In a municipality operating under the council-mayor form of government, as 
defined in Section 
10-3b-102
:
(i)
the council may appoint an individual to fill a vacancy in the office of mayor 
before the effective date of the mayor's resignation by making the effective date of 
the appointment the same as the effective date of the mayor's resignation; and
(ii)
if a vacancy in the office of mayor occurs before the effective date of an 
appointment under Subsection (1) or (2) to fill the vacancy, the remaining council 
members, by majority vote, shall appoint a council member to serve as acting 
mayor during the time between the creation of the vacancy and the effective date 
of the appointment to fill the vacancy.
(b)
A council member serving as acting mayor under Subsection (3)(a)(ii) continues to:
(i)
act as a council member; and
(ii)
vote at council meetings.
(4)
(a)
(i)
For a vacancy of a member of a municipal legislative body as described in 
this section, the municipal legislative body member whose resignation creates the 
vacancy on the municipal legislative body may:
(A)
interview an individual whose name is submitted for consideration under 
Subsection 
(1)(c)(iii)
(1)(c)(iv)
 or (2)(b)(ii); and
(B)
vote on the appointment of an individual to fill the vacancy.
(ii)
Notwithstanding Subsection (4)(a)(i), a member of a legislative body who is 
removed from office in accordance with state law may not cast a vote under 
Subsection (4)(a)(i).
(b)
A member of a municipal legislative body who submits his or her resignation to the 
municipal legislative body may not rescind the resignation.
(c)
A member of a municipal legislative body may not vote on an appointment under 
this section for himself or herself to fill a vacancy in the municipal legislative body.
(5)
In a municipality operating under the council-mayor form of government, the mayor 
may not:
(a)
participate in the vote to fill a vacancy;
(b)
veto a decision of the council to fill a vacancy; or
(c)
vote in the case of a tie.
(6)
A mayor whose resignation from the municipal legislative body is due to election or 
appointment as mayor may, in the case of a tie, participate in the vote under this section.
(7)
A municipal legislative body may, consistent with the provisions of state law, adopt 
procedures governing the appointment, interview, and voting process for filling 
vacancies in municipal offices.
(8)
(a)
Except as provided in Subsection 
(8)(b)
, an individual seeking appointment to fill 
a vacancy under this section shall, no later than the deadline for the individual to file 
a campaign finance statement under Section 
10-3-208
:
(i)
complete a conflict of interest disclosure statement in accordance with Section 
10-3-301.5
; and
(ii)
submit the conflict of interest disclosure statement to the municipal legislative 
body and the municipal clerk or recorder.
(b)
An individual described in Subsection 
(8)(a)
 is not required to comply with 
Subsection 
(8)(a)
 if the individual:
(i)
currently holds an office described in Subsection 
(1)(b)
;
(ii)
already, that same year, filed a conflict of interest disclosure statement for the 
office described in Subsection 
(8)(b)(i)
, in accordance with Section 
10-3-1313
; and
(iii)
no later than the deadline described in Subsection 
(8)(a)
, indicates, in a written 
notice submitted to the municipal clerk or recorder, that the conflict of interest 
disclosure statement described in Subsection 
(8)(b)(ii)
 is updated and accurate as 
of the date of the written notice.
(9)
(a)
The municipal clerk or recorder shall make each conflict of interest disclosure 
statement made by an individual described in Subsection 
(8)(a)
 available for public 
inspection by posting an electronic copy of the statement on:
(i)
the municipality's website; or
(ii)
if the municipality does not have a website, on the website of the county in which 
the municipality is located.
(b)
The municipal clerk or recorder shall:
(i)
post the electronic statement described in Subsection 
(9)(a)
 no later than two 
business days after the day on which the municipal recorder or clerk receives the 
statement; and
(ii)
ensure that the electronic statement remains posted on the website described in 
Subsection 
(9)
(a) for at least 10 calendar days after the day on which the 
municipal legislative body appoints an individual to fill the vacancy.
Section 13, Section 
20A-1-511
 is amended to read:
20A-1-511
. Midterm vacancy on a local school board.
(1)
(a)
A local school board shall fill a vacancy on the local school board by 
appointment, except as otherwise provided in Subsections 
(1)(b)
 and 
(2)
.
(b)
The county legislative body, or municipal legislative body in a city district, shall fill 
a vacancy on a local school board by appointment if the local school board fails to 
make an appointment to fill the vacancy:
(i)
except as provided in Subsection 
(1)(b)(ii)
, within 30 days after a vacancy occurs 
on the local school board; or
(ii)
within 45 days after a vacancy occurs on the local school board due to the death 
of a local school board member.
(c)
A member appointed and qualified under this Subsection 
(1)
 shall serve until a 
successor is elected or appointed and qualified.
(2)
(a)
A vacancy on the board shall be filled by an interim appointment, followed by an 
election to fill a two-year term if:
(i)
the vacancy on the board occurs, or a letter of resignation is received by the board, 
at least 14 days before the deadline for filing a declaration of candidacy; and
(ii)
two years of the vacated term will remain after the first Monday of January 
following the next school board election.
(b)
A member elected under this Subsection 
(2)
 shall serve for the remaining two years 
of the vacated term and until a successor is elected and qualified.
(3)
Before appointing an individual to fill a vacancy under this section, the local school 
board shall:
(a)
immediately notify the county clerk;
(a)
(b)
give public notice of the vacancy at least two weeks before the local school 
board meets to fill the vacancy;
(b)
(c)
identify, in the public notice:
(i)
the date, time, and place of the meeting where the vacancy will be filled; and
(ii)
the person to whom and the date and time before which an individual interested in 
being appointed to fill the vacancy may submit the individual's name for 
consideration; and
(c)
(d)
in an open meeting, interview each individual whose name is submitted for 
consideration and who meets the qualifications for office, regarding the individual's 
qualifications.
(4)
(a)
Subject to Subsection 
(4)(b)
, a local school board may appoint an individual to fill 
a vacancy described in Subsection 
(1)
 or 
(2)
 before the vacancy occurs if a member 
of the local school board submits a letter of resignation.
(b)
An individual appointed under Subsection 
(4)(a)
 may not take office until on or after 
the day on which the vacancy occurs for which the individual is appointed.
(c)
A member of a local school board who submits a letter of resignation under 
Subsection 
(4)(a)
 may not rescind the resignation after the local school board makes 
an appointment to fill the vacancy created by the resignation.
(5)
An individual seeking appointment to fill a vacancy on a local school board shall, no 
later than the deadline for the individual to file a financial report under Section 
17-16-6.5
:
(a)
complete a conflict of interest disclosure statement in accordance with Section 
17-16-1.5
; and
(b)
submit the conflict of interest disclosure statement to the county legislative body and 
the county clerk.
(6)
(a)
The county clerk shall make each conflict of interest disclosure statement made by 
an individual described in Subsection 
(5)
 available for public inspection by posting 
an electronic copy of the statement on the county's website for at least 10 calendar 
days after the day on which the county legislative body appoints an individual to fill 
the vacancy.
(b)
The county clerk shall post the electronic statement described in Subsection (6)(a) no 
later than two business days after the day on which the county clerk receives the 
statement.
Section 14, Section 
20A-8-101
 is amended to read:
20A-8-101
. Definitions.
As used in this chapter:
(1)
"Continuing political party" means an organization of voters that:
(a)
participated in the last regular general election; and
(b)
in at least one of the last two regular general elections, polled a total vote for any of 
its candidates for any office equal to 2% or more of the total votes cast for all 
candidates for the United States House of Representatives in the same regular general 
election.
(2)
"County political party" means, for each registered political party, all of the persons 
within a single county who, under definitions established by the county political party, 
are members of the registered political party.
(3)
"Legislative office" means the office of state senator or state representative.
(3)
(4)
"Newly registered political party" means a statewide organization of voters that has 
complied with the petition and organizing procedures of this chapter to become a 
registered political party.
(4)
(5)
"Public institution of higher education" means the same as that term is defined in 
Section 
53B-16-301
.
(5)
(6)
"Registered political party" means an organization of voters that:
(a)
(i)
participated in the last regular general election; and
(ii)
in at least one of the last two regular general elections, polled a total vote for any 
of its candidates for any office equal to 2% or more of the total votes cast for all 
candidates for the United States House of Representatives in the same regular 
general election; or
(b)
has complied with the petition and organizing procedures of this chapter.
(7)
"State office" means the office of governor, lieutenant governor, attorney general, state 
auditor, state treasurer, or state school board member.
(6)
(8)
"State political party" means, for each registered political party, all of the persons in 
Utah who, under definitions established by the state political party, are members of the 
registered political party.
Section 15, Section 
20A-8-402.6
 is enacted to read:
20A-8-402.6
. Notification of meeting to declare midterm vacancy nominee by 
appointment.
(1)
When there is a midterm vacancy in an office for which a registered political party is 
entitled to declare a nominee to fill the vacancy by appointment, the registered political 
party shall, no later than five business days before the day on which the registered 
political party meets to declare a nominee:
(a)
notify the lieutenant governor of the date, time, and location of the meeting, if the 
vacated office is a state office or legislative office; or
(b)
notify the county clerk, if the vacated office is a county office.
(2)
If, after providing the notice described in Subsection 
(1)
, a registered political party 
changes the date, time, or location of the meeting, the registered political party shall 
notify the election officer of the change before 5 p.m. no later than one business day 
after the day on which the registered political party makes the change described in this 
Subsection 
(2)
.
Section 16, Section 
20A-11-103
 is amended to read:
20A-11-103
. Notice of pending interim and summary reports -- Form of 
submission -- Public availability -- Notice of reporting and filing requirements.
(1)
(a)
Except as provided under Subsection (1)(b), 10 days before an interim report or 
summary report is due under this chapter or Chapter 12, Part 2, Judicial Retention 
Elections, the chief election officer shall inform the filing entity by electronic mail 
unless postal mail is requested:
(i)
that the financial statement is due;
(ii)
of the date that the financial statement is due; and
(iii)
of the penalty for failing to file the financial statement.
(b)
The chief election officer is not required to provide notice:
(i)
to a candidate or political party of the financial statement that is due before the 
candidate's or political party's political convention;
(ii)
of a financial statement due in connection with a public hearing for an initiative 
under the requirements of Section 
20A-7-204.1
; or
(iii)
to a corporation or labor organization, as defined in Section 
20A-11-1501
.
(2)
A filing entity shall electronically file a financial statement via electronic mail or the 
Internet according to specifications established by the chief election officer.
(3)
(a)
A financial statement is considered timely filed if the financial statement is 
received by the chief election officer's office before midnight, Mountain Time, at the 
end of the day on which the financial statement is due.
(b)
For a county clerk's office that is not open until midnight at the end of the day on 
which a financial statement is due, the county clerk shall permit a candidate to file 
the financial statement via email or another electronic means designated by the 
county clerk.
(c)
A chief election officer may extend the time in which a filing entity is required to file 
a financial statement if a filing entity notifies the chief election officer of the 
existence of an extenuating circumstance that is outside the control of the filing entity.
(4)
Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access 
and Management Act, the lieutenant governor 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)
post on a website established by the lieutenant governor:
(i)
an electronic copy or the contents of each summary report or interim report filed 
under the requirements of this chapter or Chapter 12, Part 2, Judicial Retention 
Elections, no later than three business days after the date on which the summary 
report or interim report is electronically filed; or
(ii)
for a campaign finance statement filed under the requirements of Section 
10-3-208
, 
for a municipality, or Section 
17-16-6.5
, for a county, a link to the municipal or 
county website that hosts the campaign finance statement, no later than seven 
business days after the date on which the lieutenant governor receives the link 
from:
(A)
the municipal clerk or recorder, in accordance with Subsection 
10-3-208
(10)(b)(ii)
10-3-208(11)(b)(ii)
; or
(B)
the county clerk, in accordance with Subsection 
17-16-6.5
(18)(b)(ii)
17-16-6.5(21)(b)(ii)
.
(5)
Between January 1 and January 15 of each year, the chief election officer shall provide 
notice, by postal mail or email, to each filing entity for which the chief election officer 
has a physical or email address, of the reporting and filing requirements described in this 
chapter.
Section 17, Section 
20A-11-204
 is amended to read:
20A-11-204
. State office candidate and state officeholder -- Financial reporting 
requirements -- Interim reports.
(1)
As used in this section:
(a)
"Campaign account" means a separate campaign account required under Subsection 
20A-11-201(1)(a)
 or 
(c)
.
(b)
"Received" means:
(i)
for a cash contribution, that the cash is given to a state office candidate or a 
member of the state office candidate's personal campaign committee;
(ii)
for a contribution that is a negotiable instrument or check, that the negotiable 
instrument or check is negotiated;
(iii)
for a direct deposit made into a campaign account by a person not associated 
with the campaign, the earlier of:
(A)
the day on which the state office candidate or a member of the state office 
candidate's personal campaign committee becomes aware of the deposit and 
the source of the deposit;
(B)
the day on which the state office candidate or a member of the state office 
candidate's personal campaign committee receives notice of the deposit and the 
source of the deposit by mail, email, text, or similar means; or
(C)
31 days after the day on which the direct deposit occurs; or
(iv)
for any other type of contribution, that any portion of the contribution's benefit 
inures to the state office candidate.
(2)
Except as provided in Subsection 
(3)
, each state office candidate shall file an interim 
report at the following times in any year in which the candidate has filed a declaration of 
candidacy for a public office:
(a)
(i)
seven days before the candidate's political convention; or
(ii)
for an unaffiliated candidate, the fourth Saturday in March;
(b)
seven days before the regular primary election date;
(c)
September 30; and
(d)
seven days before the regular general election date.
(3)
If a state office candidate is a state office candidate seeking appointment for a midterm 
vacancy, the state office candidate:
(a)
shall file an interim report:
(i)
no later than three business days before the day on which the political party of the 
party for which the state office candidate seeks nomination meets to declare a 
nominee for the governor to appoint in accordance with Subsection 
20A-1-504
(1)(a); or
(i)
(A)
no later than seven days before the day on which the political party of the 
party for which the state office candidate seeks nomination meets to declare a 
nominee for the governor to appoint in accordance with Section 
20A-1-504
; 
and
(B)
two days before the day on which the political party of the party for which 
the state office candidate seeks nomination meets to declare a nominee for the 
governor to appoint in accordance with Subsection 
20A-1-504(1)(b)(i)
; or
(ii)
if a state office candidate decides to seek the appointment with less than seven 
days before the party meets, or the political party schedules the meeting to declare 
a nominee less than seven days before the day of the meeting, no later than 5 p.m. 
on the last day of business before the day on which the party meets; and
(ii)
if a state office candidate decides to seek the appointment with less than three 
business days before the day on which the political party meets, or the political 
party schedules the meeting to declare a nominee less than three business days 
before the day of the meeting, no later than 5 p.m. on the last day of business 
before the day on which the political party meets; and
(b)
is not required to file an interim report at the times described in Subsection 
(1)
(2)
.
(4)
Each interim report shall include the following information:
(a)
the net balance of the last summary report, if any;
(b)
a single figure equal to the total amount of receipts reported on all prior interim 
reports, if any, during the calendar year in which the interim report is due;
(c)
a single figure equal to the total amount of expenditures reported on all prior interim 
reports, if any, filed during the calendar year in which the interim report is due;
(d)
a detailed listing of:
(i)
for a state office candidate, each contribution received since the last summary 
report that has not been reported in detail on a prior interim report; or
(ii)
for a state officeholder, each contribution and public service assistance received 
since the last summary report that has not been reported in detail on a prior 
interim report;
(e)
for each nonmonetary contribution:
(i)
the fair market value of the contribution with that information provided by the 
contributor; and
(ii)
a specific description of the contribution;
(f)
a detailed listing of each expenditure made since the last summary report that has not 
been reported in detail on a prior interim report;
(g)
for each nonmonetary expenditure, the fair market value of the expenditure;
(h)
a net balance for the year consisting of the net balance from the last summary report, 
if any, plus all receipts since the last summary report minus all expenditures since the 
last summary report;
(i)
a summary page in the form required by the lieutenant governor that identifies:
(i)
beginning balance;
(ii)
total contributions and public service assistance received during the period since 
the last statement;
(iii)
total contributions and public service assistance received to date;
(iv)
total expenditures during the period since the last statement; and
(v)
total expenditures to date; and
(j)
the name of a political action committee for which the state office candidate or state 
officeholder is designated as an officer who has primary decision-making authority 
under Section 
20A-11-601
.
(5)
(a)
In preparing each interim report, all receipts and expenditures shall be reported as 
of five days before the required filing date of the report.
(b)
Any negotiable instrument or check received by a state office candidate or state 
officeholder more than five days before the required filing date of a report required 
by this section shall be included in the interim report.
Section 18, Section 
20A-11-303
 is amended to read:
20A-11-303
. Legislative office candidate and legislative officeholder -- Financial 
reporting requirements -- Interim reports.
(1)
As used in this section:
(a)
"Campaign account" means a separate campaign account required under Subsection 
20A-11-301(1)(a)(i)
 or 
(c)(i)
.
(b)
"Received" means:
(i)
for a cash contribution, that the cash is given to a legislative office candidate or a 
member of the legislative office candidate's personal campaign committee;
(ii)
for a contribution that is a negotiable instrument or check, that the negotiable 
instrument or check is negotiated;
(iii)
for a direct deposit made into a campaign account by a person not associated 
with the campaign, the earlier of:
(A)
the day on which the legislative office candidate or a member of the 
legislative office candidate's personal campaign committee becomes aware of 
the deposit and the source of the deposit;
(B)
the day on which the legislative office candidate or a member of the 
legislative office candidate's personal campaign committee receives notice of 
the deposit and the source of the deposit by mail, email, text, or similar means; 
or
(C)
31 days after the day on which the direct deposit occurs; or
(iv)
for any other type of contribution, that any portion of the contribution's benefit 
inures to the legislative office candidate.
(2)
Except as provided in Subsection 
(3)
, each legislative office candidate shall file an 
interim report at the following times in any year in which the candidate has filed a 
declaration of candidacy for a public office:
(a)
(i)
seven days before the candidate's political convention; or
(ii)
for an unaffiliated candidate, the fourth Saturday in March;
(b)
seven days before the regular primary election date;
(c)
September 30; and
(d)
seven days before the regular general election date.
(3)
If a legislative office candidate is a legislative office candidate seeking appointment for 
a midterm vacancy, the legislative office candidate:
(a)
shall file an interim report:
(i)
no later than three business days before the day on which the political party of the 
party for which the legislative office candidate seeks nomination meets to declare 
a nominee for the governor to appoint in accordance with Section 
20A-1-503
; or
(i)
(A)
seven days before the day on which the political party of the party for 
which the legislative office candidate seeks nomination meets to declare a 
nominee for the governor to appoint in accordance with Section 
20A-1-503
; 
and
(B)
two days before the day on which the political party of the party for which 
the legislative office candidate seeks nomination meets to declare a nominee 
for the governor to appoint in accordance with Section 
20A-1-503
; or
(ii)
if the legislative office candidate decides to seek the appointment with less than 
seven days before the party meets, or the political party schedules the meeting to 
declare a nominee less than seven days before the day of the meeting, two days 
before the day on which the party meets; and
(ii)
if the legislative office candidate decides to seek the appointment with less than 
three business days before the day on which the political party meets, or the 
political party schedules the meeting to declare a nominee less than three business 
days before the day of the meeting, no later than 5 p.m. on the last day of business 
before the day on which the political party meets; and
(b)
is not required to file an interim report at the times described in Subsection 
(2)(a)
(2)
.
(4)
Each interim report shall include the following information:
(a)
the net balance of the last summary report, if any;
(b)
a single figure equal to the total amount of receipts reported on all prior interim 
reports, if any, during the calendar year in which the interim report is due;
(c)
a single figure equal to the total amount of expenditures reported on all prior interim 
reports, if any, filed during the calendar year in which the interim report is due;
(d)
a detailed listing of:
(i)
for a legislative office candidate, each contribution received since the last 
summary report that has not been reported in detail on a prior interim report; or
(ii)
for a legislative officeholder, each contribution and public service assistance 
received since the last summary report that has not been reported in detail on a 
prior interim report;
(e)
for each nonmonetary contribution:
(i)
the fair market value of the contribution with that information provided by the 
contributor; and
(ii)
a specific description of the contribution;
(f)
a detailed listing of each expenditure made since the last summary report that has not 
been reported in detail on a prior interim report;
(g)
for each nonmonetary expenditure, the fair market value of the expenditure;
(h)
a net balance for the year consisting of the net balance from the last summary report, 
if any, plus all receipts since the last summary report minus all expenditures since the 
last summary report;
(i)
a summary page in the form required by the lieutenant governor that identifies:
(i)
beginning balance;
(ii)
total contributions and public service assistance received during the period since 
the last statement;
(iii)
total contributions and public service assistance received to date;
(iv)
total expenditures during the period since the last statement; and
(v)
total expenditures to date; and
(j)
the name of a political action committee for which the legislative office candidate or 
legislative officeholder is designated as an officer who has primary decision-making 
authority under Section 
20A-11-601
.
(5)
(a)
In preparing each interim report, all receipts and expenditures shall be reported as 
of five days before the required filing date of the report.
(b)
Any negotiable instrument or check received by a legislative office candidate or 
legislative officeholder more than five days before the required filing date of a report 
required by this section shall be included in the interim report.
Section 19, Section 
20A-11-1303
 is amended to read:
20A-11-1303
. School board office candidate and school board officeholder -- 
Financial reporting requirements -- Interim reports.
(1)
(a)
As used in this section, "received" means:
(i)
for a cash contribution, that the cash is given to a school board office candidate or 
a member of the school board office candidate's personal campaign committee;
(ii)
for a contribution that is a check or other negotiable instrument, that the check or 
other negotiable instrument is negotiated;
(iii)
for a direct deposit made into a campaign account by a person not associated 
with the campaign, the earlier of:
(A)
the day on which the school board office candidate or a member of the school 
board office candidate's personal campaign committee becomes aware of the 
deposit and the source of the deposit;
(B)
the day on which the school board office candidate or a member of the school 
board office candidate's personal campaign committee receives notice of the 
deposit and the source of the deposit by mail, email, text, or similar means; or
(C)
31 days after the day on which the direct deposit occurs; or
(iv)
for any other type of contribution, that any portion of the contribution's benefit 
inures to the school board office candidate.
(b)
As used in this Subsection 
(1)
, "campaign account" means a separate campaign 
account required under Subsection 
20A-11-1301(1)(a)(i)
 or 
(c)(i)
.
(c)
Each
Except as provided in Subsection 
(2)
, each
 school board office candidate shall 
file an interim report at the following times in any year in which the candidate has 
filed a declaration of candidacy for a public office:
(i)
May 15;
(ii)
seven days before the regular primary election date;
(iii)
September 30; and
(iv)
seven days before the regular general election date.
(2)
If a school board office candidate is a school board office candidate seeking 
appointment for a midterm vacancy, the school board office candidate:
(a)
shall file an interim report:
(i)
for a vacancy described in Subsection 
20A-1-504(1)
(b)(ii)(A) or (B), no later than 
three business days before the day on which the Senate meets to consider the 
school board office candidate's nomination; or
(ii)
for a vacancy described in Subsection 
20A-1-504(1)(b)(ii)(C)
:
(A)
no later than three business days before the day on which the political party of 
the party for which the school board office candidate seeks nomination meets 
to declare a nominee for the governor to appoint; or
(B)
if the school board office candidate decides to seek the appointment with less 
than three business days before the day on which the political party meets, or 
the political party schedules the meeting to declare a nominee less than three 
business days before the day of the meeting, no later than 5 p.m. on the last day 
of business before the day on which the political party meets; and
(b)
is not required to file an interim report at the times described in Subsection 
(1)(c)
.
(2)
(3)
Each interim report shall include the following information:
(a)
the net balance of the last summary report, if any;
(b)
a single figure equal to the total amount of receipts reported on all prior interim 
reports, if any, during the calendar year in which the interim report is due;
(c)
a single figure equal to the total amount of expenditures reported on all prior interim 
reports, if any, filed during the calendar year in which the interim report is due;
(d)
a detailed listing of:
(i)
for a school board office candidate, each contribution received since the last 
summary report that has not been reported in detail on a prior interim report; or
(ii)
for a school board officeholder, each contribution and public service assistance 
received since the last summary report that has not been reported in detail on a 
prior interim report;
(e)
for each nonmonetary contribution:
(i)
the fair market value of the contribution with that information provided by the 
contributor; and
(ii)
a specific description of the contribution;
(f)
a detailed listing of each expenditure made since the last summary report that has not 
been reported in detail on a prior interim report;
(g)
for each nonmonetary expenditure, the fair market value of the expenditure;
(h)
a net balance for the year consisting of the net balance from the last summary report, 
if any, plus all receipts since the last summary report minus all expenditures since the 
last summary report;
(i)
a summary page in the form required by the lieutenant governor that identifies:
(i)
beginning balance;
(ii)
total contributions during the period since the last statement;
(iii)
total contributions to date;
(iv)
total expenditures during the period since the last statement; and
(v)
total expenditures to date; and
(j)
the name of a political action committee for which the school board office candidate 
or school board officeholder is designated as an officer who has primary 
decision-making authority under Section 
20A-11-601
.
(3)
(4)
(a)
In preparing each interim report, all receipts and expenditures shall be 
reported as of five days before the required filing date of the report.
(b)
Any negotiable instrument or check received by a school board office candidate or 
school board officeholder more than five days before the required filing date of a 
report required by this section shall be included in the interim report.
Section 20, Section 
20A-11-1604
 is amended to read:
20A-11-1604
. Failure to disclose conflict of interest -- Failure to comply with 
reporting requirements.
(1)
(a)
Before or during the execution of any order, settlement, declaration, contract, or 
any other official act of office in which a state constitutional officer has actual 
knowledge that the state constitutional officer has a conflict of interest that is not 
stated in the conflict of interest disclosure, the state constitutional officer shall 
publicly declare that the state constitutional officer may have a conflict of interest 
and what that conflict of interest is.
(b)
Before or during any vote on legislation or any legislative matter in which a 
legislator has actual knowledge that the legislator has a conflict of interest that is not 
stated in the conflict of interest disclosure, the legislator shall orally declare to the 
committee or body before which the matter is pending that the legislator may have a 
conflict of interest and what that conflict is.
(c)
Before or during any vote on any rule, resolution, order, or any other board matter in 
which a member of the State Board of Education has actual knowledge that the 
member has a conflict of interest that is not stated in the conflict of interest 
disclosure, the member shall orally declare to the board that the member may have a 
conflict of interest and what that conflict of interest is.
(2)
Any public declaration of a conflict of interest that is made under Subsection 
(1)
 shall 
be noted:
(a)
on the official record of the action taken, for a state constitutional officer;
(b)
in the minutes of the committee meeting or in the Senate or House Journal, as 
applicable, for a legislator; or
(c)
in the minutes of the meeting or on the official record of the action taken, for a 
member of the State Board of Education.
(3)
A state constitutional officer shall make a complete conflict of interest disclosure on the 
website:
(a)
(i)
no sooner than January 1 each year, and before January 11 each year; or
(ii)
if the state constitutional officer takes office after January 10, within 10 days after 
the day on which the state constitutional officer takes office; and
(b)
each time the state constitutional officer changes employment.
(4)
A legislator shall make a complete conflict of interest disclosure on the website:
(a)
(i)
no sooner than January 1 each year, and before January 11 each year; or
(ii)
if the legislator takes office after January 10, within 10 days after the day on 
which the legislator takes office; and
(b)
each time the legislator changes employment.
(5)
A member of the State Board of Education shall make a complete conflict of interest 
disclosure on the website:
(a)
(i)
no sooner than January 1 each year, and before January 11 each year; or
(ii)
if the member takes office after January 10, within 10 days after the day on which 
the member takes office; and
(b)
each time the member changes employment.
(6)
A conflict of interest disclosure described in Subsection 
(3)
, 
(4)
, or 
(5)
 shall include:
(a)
the regulated officeholder's name;
(b)
subject to Subsection 
(7)
:
(i)
the name and address of each of the regulated officeholder's current employers and 
each of the regulated officeholder's employers during the preceding year;
 and
(c)
(ii)
for each employer described in 
this 
Subsection 
(6)(b)
, a brief description of 
the employment, including the regulated officeholder's occupation and, as 
applicable, job title;
(d)
(c)
for each entity in which the regulated officeholder is an owner or officer, or was 
an owner or officer during the preceding year:
(i)
the name of the entity;
(ii)
a brief description of the type of business or activity conducted by the entity; and
(iii)
the regulated officeholder's position in the entity;
(e)
(d)
in accordance with Subsection 
(7)
(8)
, for each individual from whom, or entity 
from which, the regulated officeholder has received $5,000 or more in income during 
the preceding year:
(i)
the name of the individual or entity; and
(ii)
a brief description of the type of business or activity conducted by the individual 
or entity;
(f)
(e)
for each entity in which the regulated officeholder holds any stocks or bonds 
having a fair market value of $5,000 or more as of the date of the disclosure form or 
during the preceding year, but excluding funds that are managed by a third party, 
including blind trusts, managed investment accounts, and mutual funds:
(i)
the name of the entity; and
(ii)
a brief description of the type of business or activity conducted by the entity;
(g)
(f)
for each entity not listed in Subsections 
(6)(d)
(6)(c)
 through 
(f)
(e)
 in which 
the regulated officeholder currently serves, or served in the preceding year, in a paid 
leadership capacity or in a paid or unpaid position on a board of directors:
(i)
the name of the entity or organization;
(ii)
a brief description of the type of business or activity conducted by the entity; and
(iii)
the type of position held by the regulated officeholder;
(h)
(g)
at the option of the regulated officeholder, a description of any real property in 
which the regulated officeholder holds an ownership or other financial interest that 
the regulated officeholder believes may constitute a conflict of interest, including a 
description of the type of interest held by the regulated officeholder in the property;
(h)
subject to Subsection 
(7)
:
(i)
the name of the regulated officeholder's spouse; and
(ii)
the name of each of the regulated officeholder's spouse's current employers and 
each of the regulated officeholder's spouse's employers during the preceding year, 
if the regulated officeholder believes the employment may constitute a conflict of 
interest;
(i)
the name of any adult residing in the regulated officeholder's household who is not 
related to the officeholder by blood;
(i)
the name of the regulated officeholder's spouse and any other adult residing in the 
regulated officeholder's household who is not related by blood or marriage, as 
applicable;
(j)
for the regulated officeholder's spouse, the information that a regulated officeholder 
is required to provide under Subsection 
(6)(b)
;
(k)
(j)
a brief description of the employment and occupation of each adult who:
for 
each adult described in Subsection (6)(i), a brief description of the adult's 
employment or occupation, if the regulated officeholder believes the adult's presence 
in the regulated officeholder's household may constitute a conflict of interest;
(i)
resides in the regulated officeholder's household; and
(ii)
is not related to the regulated officeholder by blood or marriage;
(l)
(k)
at the option of the regulated officeholder, a description of any other matter or 
interest that the regulated officeholder believes may constitute a conflict of interest;
(m)
(l)
the date the form was completed;
(n)
(m)
a statement that the regulated officeholder believes that the form is true and 
accurate to the best of the regulated officeholder's knowledge; and
(o)
(n)
the signature of the regulated officeholder.
(7)
(a)
In making the disclosure described in Subsection 
(6)(b)
 or (h), if a regulated 
officeholder or regulated officeholder's spouse is an at-risk government employee, as 
that term is defined in Subsection 
63G-2-303(1)(a)
, the regulated officeholder may 
request the filing officer to redact from the conflict of interest disclosure:
(i)
the regulated officeholder's employment information under Subsection (6)(b); and
(ii)
the regulated officeholder's spouse's name and employment information under 
Subsection 
(6)(h)
.
(b)
A filing officer who receives a redaction request under Subsection 
(7)(a)
 shall redact 
the disclosures made under Subsection 
(6)(b)
 or (h) before the filing officer makes 
the conflict of interest disclosure available for public inspection.
(7)
(8)
In making the disclosure described in Subsection 
(6)(e)
(6)(d)
, a regulated 
officeholder who provides goods or services to multiple customers or clients as part of a 
business or a licensed profession is only required to provide the information described in 
Subsection 
(6)(e)
(6)(d)
 in relation to the entity or practice through which the regulated 
officeholder provides the goods or services and is not required to provide the 
information described in Subsection 
(6)(e)
(6)(d)
 in relation to the regulated 
officeholder's individual customers or clients.
(8)
(9)
The disclosure requirements described in this section do not prohibit a regulated 
officeholder from voting or acting on any matter.
(9)
(10)
A regulated officeholder may amend a conflict of interest disclosure described in 
this part at any time.
(10)
(11)
A regulated officeholder who violates the requirements of Subsection 
(1)
 is 
guilty of a class B misdemeanor.
(11)
(12)
(a)
A regulated officeholder who intentionally or knowingly violates a 
provision of this section, other than Subsection 
(1)
, is guilty of a class B 
misdemeanor.
(b)
In addition to the criminal penalty described in Subsection 
(11)(a)
(12)(a)
, the 
lieutenant governor shall impose a civil penalty of $100 against a regulated 
officeholder who violates a provision of this section, other than Subsection 
(1)
.
Section 21, Section 
36-11-102
 is amended to read:
36-11-102
. Definitions.
As used in this chapter:
(1)
"Aggregate daily expenditures" means:
(a)
for a single lobbyist, principal, or government officer, the total of all expenditures 
made within a calendar day by the lobbyist, principal, or government officer for the 
benefit of an individual public official;
(b)
for an expenditure made by a member of a lobbyist group, the total of all 
expenditures made within a calendar day by every member of the lobbyist group for 
the benefit of an individual public official; or
(c)
for a multiclient lobbyist, the total of all expenditures made by the multiclient 
lobbyist within a calendar day for the benefit of an individual public official, 
regardless of whether the expenditures were attributed to different clients.
(2)
"Approved activity" means an event, a tour, or a meeting:
(a)
(i)
to which a legislator or another nonexecutive branch public official is invited; 
and
(ii)
attendance at which is approved by:
(A)
the speaker of the House of Representatives, if the public official is a member 
of the House of Representatives or another nonexecutive branch public official; 
or
(B)
the president of the Senate, if the public official is a member of the Senate or 
another nonexecutive branch public official; or
(b)
(i)
to which a public official who holds a position in the executive branch of state 
government is invited; and
(ii)
attendance at which is approved by the governor or the lieutenant governor.
(3)
"Board of education" means:
(a)
a local school board described in Title 53G, Chapter 4, School Districts;
(b)
the State Board of Education;
(c)
the State Charter School Board created under Section 
53G-5-201
; or
(d)
a charter school governing board described in Title 53G, Chapter 5, Charter Schools.
(4)
"Capitol hill complex" means capitol hill, as defined in Section 
63O-1-101
.
(5)
(a)
"Compensation" means anything of economic value, however designated, that is 
paid, loaned, granted, given, donated, or transferred to an individual for the provision 
of services or ownership before any withholding required by federal or state law.
(b)
"Compensation" includes:
(i)
a salary or commission;
(ii)
a bonus;
(iii)
a benefit;
(iv)
a contribution to a retirement program or account;
(v)
a payment includable in gross income, as defined in Section 62, Internal Revenue 
Code, and subject to social security deductions, including a payment in excess of 
the maximum amount subject to deduction under social security law;
(vi)
an amount that the individual authorizes to be deducted or reduced for salary 
deferral or other benefits authorized by federal law; or
(vii)
income based on an individual's ownership interest.
(6)
"Compensation payor" means a person who pays compensation to a public official in 
the ordinary course of business:
(a)
because of the public official's ownership interest in the compensation payor; or
(b)
for services rendered by the public official on behalf of the compensation payor.
(7)
"Education action" means:
(a)
a resolution, policy, or other official action for consideration by a board of education;
(b)
a nomination or appointment by an education official or a board of education;
(c)
a vote on an administrative action taken by a vote of a board of education;
(d)
an adjudicative proceeding over which an education official has direct or indirect 
control;
(e)
a purchasing or contracting decision;
(f)
drafting or making a policy, resolution, or rule;
(g)
determining a rate or fee; or
(h)
making an adjudicative decision.
(8)
"Education official" means:
(a)
a member of a board of education;
(b)
an individual appointed to or employed in a position under a board of education, if 
that individual:
(i)
occupies a policymaking position or makes purchasing or contracting decisions;
(ii)
drafts resolutions or policies or drafts or makes rules;
(iii)
determines rates or fees;
(iv)
makes decisions relating to an education budget or the expenditure of public 
money; or
(v)
makes adjudicative decisions; or
(c)
an immediate family member of an individual described in Subsection (8)(a) or (b).
(9)
"Event" means entertainment, a performance, a contest, or a recreational activity that an 
individual participates in or is a spectator at, including a sporting event, an artistic event, 
a play, a movie, dancing, or singing.
(10)
"Executive action" means:
(a)
a nomination or appointment by the governor;
(b)
the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule 
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c)
agency ratemaking proceedings; or
(d)
an adjudicative proceeding of a state agency.
(11)
(a)
"Expenditure" means any of the items listed in this Subsection (11)(a) when 
given to or for the benefit of a public official unless consideration of equal or greater 
value is received:
(i)
a purchase, payment, or distribution;
(ii)
a loan, gift, or advance;
(iii)
a deposit, subscription, or forbearance;
(iv)
services or goods;
(v)
money;
(vi)
real property;
(vii)
a ticket or admission to an event; or
(viii)
a contract, promise, or agreement, whether or not legally enforceable, to 
provide any item listed in Subsections (11)(a)(i) through (vii).
(b)
"Expenditure" does not mean:
(i)
a commercially reasonable loan made in the ordinary course of business;
(ii)
a campaign contribution:
(A)
reported in accordance with Title 20A, Chapter 11, Campaign and Financial 
Reporting Requirements, Section 
10-3-208
, Section 
17-16-6.5
, or any 
applicable ordinance adopted under Subsection 
10-3-208
(6)
10-3-208(7)
 or 
17-16-6.5
(1); or
(B)
lawfully given to a person that is not required to report the contribution under 
a law or ordinance described in Subsection (11)(b)(ii)(A);
(iii)
printed informational material that is related to the performance of the recipient's 
official duties;
(iv)
a devise or inheritance;
(v)
any item listed in Subsection (11)(a) if:
(A)
given by a relative;
(B)
given by a compensation payor for a purpose solely unrelated to the public 
official's position as a public official;
(C)
the item is food or beverage with a value that does not exceed the food 
reimbursement rate, and the aggregate daily expenditures for food and 
beverage do not exceed the food reimbursement rate; or
(D)
the item is not food or beverage, has a value of less than $10, and the 
aggregate daily expenditures do not exceed $10;
(vi)
food or beverage that is provided at an event, a tour, or a meeting to which the 
following are invited:
(A)
all members of the Legislature;
(B)
all members of a standing or interim committee;
(C)
all members of an official legislative task force;
(D)
all members of a party caucus; or
(E)
all members of a group described in Subsections (11)(b)(vi)(A) through (D) 
who are attending a meeting of a national organization whose primary purpose 
is addressing general legislative policy;
(vii)
food or beverage that is provided at an event, a tour, or a meeting to a public 
official who is:
(A)
giving a speech at the event, tour, or meeting;
(B)
participating in a panel discussion at the event, tour, or meeting; or
(C)
presenting or receiving an award at the event, tour, or meeting;
(viii)
a plaque, commendation, or award that:
(A)
is presented in public; and
(B)
has the name of the individual receiving the plaque, commendation, or award 
inscribed, etched, printed, or otherwise permanently marked on the plaque, 
commendation, or award;
(ix)
a gift that:
(A)
is an item that is not consumable and not perishable;
(B)
a public official, other than a local official or an education official, accepts on 
behalf of the state;
(C)
the public official promptly remits to the state;
(D)
a property administrator does not reject under Section 
63G-23-103
;
(E)
does not constitute a direct benefit to the public official before or after the 
public official remits the gift to the state; and
(F)
after being remitted to the state, is not transferred, divided, distributed, or used 
to distribute a gift or benefit to one or more public officials in a manner that 
would otherwise qualify the gift as an expenditure if the gift were given 
directly to a public official;
(x)
any of the following with a cash value not exceeding $30:
(A)
a publication; or
(B)
a commemorative item;
(xi)
admission to or attendance at an event, a tour, or a meeting, the primary purpose 
of which is:
(A)
to solicit a contribution that is reportable under Title 20A, Chapter 11, 
Campaign and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section 
10-3-208
, Section 
17-16-6.5
, or an applicable ordinance adopted under 
Subsection 
10-3-208
(6)
10-3-208(7)
 or 
17-16-6.5
(1);
(B)
to solicit a campaign contribution that a person is not required to report under 
a law or ordinance described in Subsection (11)(b)(xi)(A); or
(C)
charitable solicitation, as defined in Section 
13-22-2
;
(xii)
travel to, lodging at, food or beverage served at, and admission to an approved 
activity;
(xiii)
sponsorship of an approved activity;
(xiv)
notwithstanding Subsection (11)(a)(vii), admission to, attendance at, or travel to 
or from an event, a tour, or a meeting:
(A)
that is sponsored by a governmental entity;
(B)
that is widely attended and related to a governmental duty of a public official;
(C)
for a local official, that is sponsored by an organization that represents only 
local governments, including the Utah Association of Counties, the Utah 
League of Cities and Towns, or the Utah Association of Special Districts; or
(D)
for an education official, that is sponsored by a public school, a charter 
school, or an organization that represents only public schools or charter 
schools, including the Utah Association of Public Charter Schools, the Utah 
School Boards Association, or the Utah School Superintendents Association; or
(xv)
travel to a widely attended tour or meeting related to a governmental duty of a 
public official if that travel results in a financial savings to:
(A)
for a public official who is not a local official or an education official, the 
state; or
(B)
for a public official who is a local official or an education official, the local 
government or board of education to which the public official belongs.
(12)
"Food reimbursement rate" means the total amount set by the director of the Division 
of Finance, by rule, under Section 
63A-3-107
, for in-state meal reimbursement, for an 
employee of the executive branch, for an entire day.
(13)
(a)
"Foreign agent" means an individual who engages in lobbying under contract 
with a foreign government.
(b)
"Foreign agent" does not include an individual who is recognized by the United 
States Department of State as a duly accredited diplomatic or consular officer of a 
foreign government, including a duly accredited honorary consul.
(14)
"Foreign government" means a government other than the government of:
(a)
the United States;
(b)
a state within the United States;
(c)
a territory or possession of the United States; or
(d)
a political subdivision of the United States.
(15)
(a)
"Government officer" means:
(i)
an individual elected to a position in state or local government, when acting in the 
capacity of the state or local government position;
(ii)
an individual elected to a board of education, when acting in the capacity of a 
member of a board of education;
(iii)
an individual appointed to fill a vacancy in a position described in Subsection 
(15)(a)(i) or (ii), when acting in the capacity of the position; or
(iv)
an individual appointed to or employed in a full-time position by state 
government, local government, or a board of education, when acting in the 
capacity of the individual's appointment or employment.
(b)
"Government officer" does not mean a member of the legislative branch of state 
government.
(16)
"Immediate family" means:
(a)
a spouse;
(b)
a child residing in the household; or
(c)
an individual claimed as a dependent for tax purposes.
(17)
"Legislative action" means:
(a)
a bill, resolution, amendment, nomination, veto override, or other matter pending or 
proposed in either house of the Legislature or its committees or requested by a 
legislator; and
(b)
the action of the governor in approving or vetoing legislation.
(18)
"Lobbying" means communicating with a public official for the purpose of influencing 
a legislative action, executive action, local action, or education action.
(19)
(a)
"Lobbyist" means:
(i)
an individual who is employed by a principal; or
(ii)
an individual who contracts for economic consideration, other than 
reimbursement for reasonable travel expenses, with a principal to lobby a public 
official.
(b)
"Lobbyist" does not include:
(i)
a government officer;
(ii)
a member or employee of the legislative branch of state government;
(iii)
a person, including a principal, while appearing at, or providing written 
comments to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, or Title 63G, Chapter 4, Administrative 
Procedures Act;
(iv)
a person participating on or appearing before an advisory or study task force, 
commission, board, or committee, constituted by the Legislature, a local 
government, a board of education, or any agency or department of state 
government, except legislative standing, appropriation, or interim committees;
(v)
a representative of a political party;
(vi)
an individual representing a bona fide church solely for the purpose of protecting 
the right to practice the religious doctrines of the church, unless the individual or 
church makes an expenditure that confers a benefit on a public official;
(vii)
a newspaper, television station or network, radio station or network, periodical 
of general circulation, or book publisher for the purpose of publishing news items, 
editorials, other comments, or paid advertisements that directly or indirectly urge 
legislative action, executive action, local action, or education action;
(viii)
an individual who appears on the individual's own behalf before a committee of 
the Legislature, an agency of the executive branch of state government, a board of 
education, the governing body of a local government, a committee of a local 
government, or a committee of a board of education, solely for the purpose of 
testifying in support of or in opposition to legislative action, executive action, 
local action, or education action; or
(ix)
an individual representing a business, entity, or industry, who:
(A)
interacts with a public official, in the public official's capacity as a public 
official, while accompanied by a registered lobbyist who is lobbying in relation 
to the subject of the interaction or while presenting at a legislative committee 
meeting at the same time that the registered lobbyist is attending another 
legislative committee meeting; and
(B)
does not make an expenditure for, or on behalf of, a public official in relation 
to the interaction or during the period of interaction.
(20)
"Lobbyist group" means two or more lobbyists, principals, government officers, or any 
combination of lobbyists, principals, and government officers, who each contribute a 
portion of an expenditure made to benefit a public official or member of the public 
official's immediate family.
(21)
"Local action" means:
(a)
an ordinance or resolution for consideration by a local government;
(b)
a nomination or appointment by a local official or a local government;
(c)
a vote on an administrative action taken by a vote of a local government's legislative 
body;
(d)
an adjudicative proceeding over which a local official has direct or indirect control;
(e)
a purchasing or contracting decision;
(f)
drafting or making a policy, resolution, or rule;
(g)
determining a rate or fee; or
(h)
making an adjudicative decision.
(22)
"Local government" means:
(a)
a county, city, or town;
(b)
a special district governed by Title 17B, Limited Purpose Local Government Entities 
- Special Districts;
(c)
a special service district governed by Title 17D, Chapter 1, Special Service District 
Act;
(d)
a community reinvestment agency governed by Title 17C, Limited Purpose Local 
Government Entities - Community Reinvestment Agency Act;
(e)
a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
(f)
a redevelopment agency; or
(g)
an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 
13, Interlocal Cooperation Act.
(23)
"Local official" means:
(a)
an elected member of a local government;
(b)
an individual appointed to or employed in a position in a local government if that 
individual:
(i)
occupies a policymaking position or makes purchasing or contracting decisions;
(ii)
drafts ordinances or resolutions or drafts or makes rules;
(iii)
determines rates or fees; or
(iv)
makes adjudicative decisions; or
(c)
an immediate family member of an individual described in Subsection (23)(a) or (b).
(24)
"Meeting" means a gathering of people to discuss an issue, receive instruction, or make 
a decision, including a conference, seminar, or summit.
(25)
"Multiclient lobbyist" means a single lobbyist, principal, or government officer who 
represents two or more clients and divides the aggregate daily expenditure made to 
benefit a public official or member of the public official's immediate family between 
two or more of those clients.
(26)
"Principal" means a person that employs an individual to perform lobbying, either as 
an employee or as an independent contractor.
(27)
"Public official" means:
(a)
(i)
a member of the Legislature;
(ii)
an individual elected to a position in the executive branch of state government; or
(iii)
an individual appointed to or employed in a position in the executive or 
legislative branch of state government if that individual:
(A)
occupies a policymaking position or makes purchasing or contracting 
decisions;
(B)
drafts legislation or makes rules;
(C)
determines rates or fees; or
(D)
makes adjudicative decisions;
(b)
an immediate family member of a person described in Subsection (27)(a);
(c)
a local official; or
(d)
an education official.
(28)
"Public official type" means a notation to identify whether a public official is:
(a)
(i)
a member of the Legislature;
(ii)
an individual elected to a position in the executive branch of state government;
(iii)
an individual appointed to or employed in a position in the legislative branch of 
state government who meets the definition of public official under Subsection 
(27)(a)(iii);
(iv)
an individual appointed to or employed in a position in the executive branch of 
state government who meets the definition of public official under Subsection 
(27)(a)(iii);
(v)
a local official, including a description of the type of local government for which 
the individual is a local official; or
(vi)
an education official, including a description of the type of board of education for 
which the individual is an education official; or
(b)
an immediate family member of an individual described in Subsection (27)(a), (c), or 
(d).
(29)
"Quarterly reporting period" means the three-month period covered by each financial 
report required under Subsection 
36-11-201
(2)(a).
(30)
"Related person" means a person, agent, or employee who knowingly and intentionally 
assists a lobbyist, principal, or government officer in lobbying.
(31)
"Relative" means:
(a)
a spouse;
(b)
a child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, 
sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
(c)
a spouse of an individual described in Subsection (31)(b).
(32)
"Tour" means visiting a location, for a purpose relating to the duties of a public 
official, and not primarily for entertainment, including:
(a)
viewing a facility;
(b)
viewing the sight of a natural disaster; or
(c)
assessing a circumstance in relation to which a public official may need to take 
action within the scope of the public official's duties.
Section 22. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 12:14 PM