Campaign Finance and County Officers and Other Local Officials

Utah Code tit. 17, ch. 17-70, pt. 17-70-P4

in effect

Utah Code § 17-70-401 Definitions.

17-70-401. Definitions. As used in this part: (1) (a) "Contribution" means any of the following when done for a political purpose: (i) a gift, subscription, donation, loan, advance, deposit of money, or anything of value given to the filing entity; (ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything of value to the filing entity; (iii) any transfer of funds from another reporting entity to the filing entity; (iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity; (v) a loan made by a county office candidate or local school board candidate deposited into the county office candidate's or local school board candidate's own campaign account; or (vi) an in-kind contribution. (b) "Contribution" does not include: (i) services provided by an individual volunteering a portion or all of the individual's time on behalf of the filing entity if the services are provided without compensation by the filing entity or any other person; (ii) money lent to the filing entity by a financial institution in the ordinary course of business; or (iii) goods or services provided for the benefit of a county office candidate or local school board candidate at less than fair market value that are not authorized by or coordinated with the county office candidate or the local school board candidate. (2) "County office" means an office described in Section 17-66-102 that is required to be filled by an election. (3) "County office candidate" means an individual who: (a) files a declaration of candidacy for a county office; or (b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a county office. (4) "County officer" means an individual who holds a county office. (5) (a) Except as provided in Subsection (5)(b), "expenditure" means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity: (i) any disbursement from contributions, receipts, or the separate bank account required under Section 17-70-403; (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for a political purpose; (iii) 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; (iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity; (v) a transfer of funds between the filing entity and a county office candidate's, or a local school board candidate's, personal campaign committee; or (vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for a political purpose at less than fair market value. (b) "Expenditure" does not include: (i) services provided without compensation by an individual volunteering a portion or all of the individual's time on behalf of a reporting entity; (ii) money lent to a reporting entity by a financial institution in the ordinary course of business; or (iii) anything described in Subsection (5)(a) that is given by a reporting entity to a candidate or officer in another state. (6) "Filing entity" means: (a) a county office candidate; (b) a county officer; (c) a local school board candidate; (d) a local school board member; or (e) a reporting entity that is required to meet a campaign finance disclosure requirement adopted by a county in accordance with Section 17-70-403. (7) "In-kind contribution" means anything of value, other than money, that is accepted by or coordinated with a filing entity. (8) "Local school board candidate" means an individual who: (a) files a declaration of candidacy for local school board; or (b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a local school board. (9) (a) "Personal use expenditure" means an expenditure that: (i) (A) is not excluded from the definition of personal use expenditure by Subsection (9)(c); and (B) primarily furthers a personal interest of a county office candidate, county officer, local school board candidate, or a local school board member, or a member of a county office candidate's, county officer's, local school board candidate's, or local school board member's family; or (ii) would cause the county office candidate, county officer, local school board candidate, or local school board member to recognize the expenditure as taxable income under federal law. (b) "Personal use expenditure" includes: (i) a mortgage, rent, utility, or vehicle payment; (ii) a household food item or supply; (iii) a clothing expense, except: (A) clothing bearing the county office candidate's or local school board candidate's name or campaign slogan or logo that is used in the county office candidate's or local school board candidate's campaign; (B) clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the county officer or local school board member represents or of which the county officer or local school board member is a member; (C) repair or replacement of clothing that is damaged while the county office candidate or county officer is engaged in an activity of a county office candidate or county officer; or (D) repair or replacement of clothing that is damaged while the local school board candidate or local school board member is engaged in an activity of a local school board candidate or local school board member; (iv) admission to a sporting, artistic, or recreational event or other form of entertainment; (v) dues, fees, or gratuities at a country club, health club, or recreational facility; (vi) a salary payment made to: (A) a county office candidate, county officer, local school board candidate, or local school board member; or (B) a person who has not provided a bona fide service to a county candidate, county officer, local school board candidate, or local school board member; (vii) a vacation; (viii) a vehicle expense; (ix) a meal expense; (x) a travel expense; (xi) payment of an administrative, civil, or criminal penalty; (xii) satisfaction of a personal debt; (xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person; (xiv) a membership fee for a professional or service organization; and (xv) a payment in excess of the fair market value of the item or service purchased. (c) "Personal use expenditure" does not include an expenditure made: (i) for a political purpose; (ii) for candidacy for county office or local school board; (iii) to fulfill a duty or activity of a county officer or local school board member; (iv) for a donation to a registered political party; (v) for a contribution to another candidate's campaign account, including sponsorship of or attendance at an event, the primary purpose of which is to solicit a contribution for another candidate's campaign account; (vi) to return all or a portion of a contribution to a contributor; (vii) for the following items, if made in connection with the candidacy for county office or local school board, or an activity or duty of a county officer or local school board member: (A) a mileage allowance at the rate established by the political subdivision that provides the mileage allowance; (B) for motor fuel or special fuel, as defined in Section 59-13-102; (C) a meal expense; (D) a travel expense, including an expense incurred for airfare or a rental vehicle; (E) a payment for a service provided by an attorney or accountant; (F) a tuition payment or registration fee for participation in a meeting or conference; (G) a gift; (H) a payment for rent, utilities, a supply, or furnishings, in connection with an office space; (I) a booth at a meeting or event; or (J) educational material; (viii) to purchase or mail informational material, a survey, or a greeting card; (ix) for a donation to a charitable organization, as defined in Section 13-22-101, including admission to or sponsorship of an event, the primary purpose of which is charitable solicitation, as defined in Section 13-22-101; (x) to repay a loan a county office candidate or local school board candidate makes from the candidate's personal account to the candidate's campaign account; (xi) to pay membership dues to a national organization whose primary purpose is to address general public policy; (xii) for admission to or sponsorship of an event, the primary purpose of which is to promote the social, educational, or economic well-being of the state or the county candidate's, county officer's, local school board candidate's, or local school board member's community; (xiii) for one or more guests of a county office candidate, county officer, local school board candidate, or local school board member to attend an event, meeting, or conference described in this Subsection (9)(c); (xiv) that is connected with the performance of an activity as a county office candidate or local school board member, or an activity or duty of a county officer or local school board member; or (xv) to pay childcare expenses of: (A) a candidate while the candidate is engaging in campaign activity; or (B) an officeholder while the officeholder is engaging in the duties of an officeholder. (10) "Political purpose" 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 an office at any caucus, political convention, or election. (11) "Reporting entity": (a) means the same as that term is defined in Section 20A-11-101; and (b) includes a county office candidate, a county office candidate's personal campaign committee, a county officer, a local school board candidate, a local school board candidate's personal campaign committee, and a local school board member. Amended by Chapter 95, 2026 General Session

Utah Code § 17-70-402 Personal use expenditure -- Authorized and prohibited uses of campaign funds -- Enforcement -- Penalties.

17-70-402. Personal use expenditure -- Authorized and prohibited uses of campaign funds -- Enforcement -- Penalties. (1) A county office candidate, county officer, local school board candidate, or local school board member may not use money deposited into the separate bank account required under Section 17-70-403 for: (a) a personal use expenditure; or (b) an expenditure prohibited by law. (2) (a) A county clerk shall enforce this section prohibiting a personal use expenditure by: (i) evaluating a financial statement to identify a personal use expenditure; and (ii) commencing an adjudicative proceeding in accordance with applicable county ordinance or policy if the county clerk has probable cause to believe a county office candidate, county officer, local school board candidate, or local school board member has made a personal use expenditure. (b) Following the adjudicative proceeding described in Subsection (2)(a)(ii), the county clerk may issue a signed order requiring a county office candidate, county officer, local school board candidate, or local school board member who has made a personal use expenditure to: (i) remit an administrative penalty of an amount equal to 50% of the personal use expenditure to the county clerk; and (ii) deposit the amount of the personal use expenditure in the campaign account from which the personal use expenditure was disbursed. (c) The county clerk shall deposit money received under Subsection (2)(b)(i) into the county's general fund. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-70-403 Campaign financial disclosure in county elections.

17-70-403. Campaign financial disclosure in county elections. (1) A county shall adopt an ordinance establishing campaign finance disclosure requirements for: (a) candidates for county office; and (b) candidates for local school board office who reside in that county. (2) The ordinance required by Subsection (1) shall include: (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; (b) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary contributions such as in-kind contributions and contributions of tangible things; (c) a requirement that the financial reports identify: (i) for each contribution, the name of the donor of the contribution, if known, and the amount of the contribution; and (ii) for each expenditure, the name of the recipient and the amount of the expenditure; (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; (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; (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: (i) the treasurer of the state or a political subdivision for deposit into the state's or political subdivision's general fund; or (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. (3) (a) As used in this Subsection (3), "account" means an account in a financial institution: (i) that is not described in Subsection (2)(d); 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 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. (b) The ordinance required by Subsection (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: (i) since the last financial report was filed; or (ii) that has not been reported under a statute or ordinance that governs the account. (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 (5) through (10). (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. (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. (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. (8) (a) As used in this Subsection (8), "account" means an account in a financial institution: (i) that is not described in Subsection (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 (6) or (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. (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) or (19), Internal Revenue Code. (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. (12) Any individual who fails to comply with this section is guilty of an infraction. (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 (13)(a) apply to a local school board office candidate who resides in that county. (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. (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 (14) within 24 hours after the deadline for filing the report. (b) The political party of a candidate who is disqualified under Subsection (15)(a) may not replace the candidate. (c) A candidate who is disqualified under Subsection (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. (16) If a candidate is disqualified under Subsection (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, if the candidate is disqualified 65 or fewer days before the election; (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. (17) An election official may fulfill the requirement described in Subsection (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. (18) A candidate is not disqualified if: (a) the candidate files the interim reports described in Subsection (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. (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. (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 (20)(a), the court shall award costs and attorney fees to the prevailing party. (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 (21)(b)(i) no later than two business days after the day the statement is filed. Amended by Chapter 105, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter70/17-70-P4.html?v=C17-70-P4_2025110620251206Fetched: 10/26/2026