015 of 2007 - Chapter 2.46 relating to campaign financing disclosure & Chapter 2.68 relating to municipal election 0 07-1
0 05-15
SALT LAKE CITY ORDINANCE
No. 15 of 2007
(Campaign Financing Disclosure and Election Laws Amendments)
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 2.46 OF THE SALT
LAKE CITY CODE, RELATING TO CAMPAIGN FINANCING DISCLOSURE, AND
CHAPTER 2.68 OF THE SALT LAKE CITY CODE, RELATING TO ELECTIONS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 2.46.010, Salt Lake City Code, be, and the same hereby is,
amended to read as follows:
2.46.010 Definitions:
For the purpose of this chapter the following words shall have the meanings as defined in
this chapter:
A. "Bumper sticker" means a sign not exceeding four inches (4") in height or thirteen
inches (13") in length affixed to any part (including the interior) of a motor vehicle.
B. "Candidate" means any person who:
1. Files a declaration of candidacy for an elected office of the city;
2. Receives contributions, makes expenditures, or consents to another person receiving
contributions or making expenditures with a view to bringing about such person's nomination or
election to such office; or
3. Causes, on his or her behalf, any written material or advertisement to be printed,
published, broadcast, distributed or disseminated which indicates his or her intention to seek such
office.
C. "Contribution" means:
1. A gift, subscription, donation, loan, advance, or deposit of money or anything of value,
including nonmonetary contributions such as in-kind contributions and contributions of tangible
things, except a loan of money by a financial institution made in accordance with the applicable
financial institution laws and regulations and in the ordinary course of business, made for
political purposes;
2. A contract,promise or agreement, express or implied, whether or not legally
enforceable, to make a contribution described in subsection Cl of this section;
3. A transfer of funds between a political committee and a candidate's personal campaign
committee;
4. Compensation paid by a person other than the candidate's personal campaign
committee for personal services of another person rendered without charge to the candidate or
such candidate's personal campaign committee;
5. A coordinated expenditure; but
6. "Contribution" shall not include personal services provided without compensation by
individuals volunteering their time on behalf of a candidate or such candidate's personal
campaign committee.
D. "Coordinated expenditure" means, except as provided in the next sentence, an
expenditure made by any person in cooperation, consultation, or concert, with, or at the request
or suggestion of, a candidate, his or her personal campaign committee, or their agents.
Coordinated expenditures include, but are not limited to, coordinated advertising on billboards
and on taxicabs or other ground transportation vehicles as defined in section 5.71.010 of this
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code, but do not include a lawn sign, a sign on residential property, a bumper sticker, a handheld
sign, a sign on the body of a person, a sign on a motor vehicle other than a"taxicab" or other
"ground transportation vehicle" as defined in section 5.71.010 of this code, or a sign in a part of a
building that is not normally used for commercial advertising by a third party. An in-kind
coordinated expenditure shall be valued at the usual and normal value of such expenditure, such
as the value of the use of the advertising space on a billboard or"taxicab" or other"ground
transportation vehicle" as defined in section 5.71.010 of this code. In the case of a "taxicab" or
other "ground transportation vehicle" as defined in section 5.71.010 of this code, if a sign is
located in a space that is not usually or normally used for advertising, the sign shall be treated as
if it were rooftop advertising on a "taxicab" or other"ground transportation vehicle" as defined in
section 5.71.010 of this code, and its value shall be determined in the same manner that the value
of such rooftop advertising is determined.
E. "Election" means a general, special or primary election conducted by the city,
including elections limited to referendums or bond issues.
F. "Election cycle" means: 1) with respect to a general city election or a city primary
election for an elective position, the four(4)year period that ends on the February 15
immediately following the next general city election for such elective position; and 2)with
respect to an election to fill an unexpired term of office, the period that begins on the earlier of:
a) the day the vacancy occurs, or b) the day the impending vacancy is publicly announced, and
ends on the February 15 immediately following the next general city election for such elective
position.
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G. "Election year" means a calendar year during which a primary or general election
is held or is scheduled to be held.
H. "Expenditure" means:
1. A purchase, payment, donation, distribution, loan, advance, deposit, or gift of money or
anything of value made for political purposes;
2. A contract, promise or agreement, express or implied, whether or not legally
enforceable, to make an expenditure described in subsection HI of this section; or
3. A transfer of funds by a political committee to another political committee or to a
candidate's personal campaign committee.
I. "Independent expenditure" means an expenditure on behalf of, or opposing the
election of, any candidate, when such expenditure is made independently of the candidate or the
candidate's personal campaign committee, or their agents, and when such expenditure is made
without the prior consent or the collusion or cooperation of, and not at the request or suggestion
of, the candidate or the candidate's personal campaign committee or their agents.
J. "Issue" means any question other than the election of a candidate to city office
placed upon any municipal ballot to be affirmed or defeated by popular vote including,but not
limited to, bond issues and referendums.
K. "Party committee" means any committee organized by or authorized by the
governing body of a registered political party.
L. "Person" means both natural and legal persons including, but not limited to,
individuals, business organizations, personal campaign committees, political committees,party
committees, labor unions, labor organizations and any other organized group of individuals.
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M. "Personal campaign committee" means the committee appointed by a particular
candidate to act for such candidate as hereinafter provided.
N. "Political committee" means a group of persons cooperating to aid or promote the
success or defeat of a candidate or issue, including the making of donations to a personal
campaign committee. "Political committee" does not mean an individual, a personal campaign
committee, individuals who are related and who make contributions from a joint checking
account, an entity that provides goods or services to a candidate or committee in the regular
course of its business at the same price that would be provided to the general public, or a
business entity using its own funds, except a business entity whose intended purpose is to act as a
political committee.
O. "Political purpose" means an act done with intent or in such a way as to influence
or tend to influence, directly or indirectly, the nomination or election of a candidate or the
passage or defeat of any issue on the ballot at a municipal election.
P. "Primary election" means any primary election held pursuant to title 20A, Utah
Code Annotated, or its successor.
Q. "Reporting date" means:
1. Ten(10) days before the election, for a campaign finance statement required to be filed
not later than seven(7) days before a primary or general election conducted by the city;
2. The day of filing, for a campaign finance statement required to be filed not later than
thirty(30) days after a primary or general election conducted by the city; and
3. Three (3) days before the filing date, for any other campaign finance statement required
to be filed pursuant to this chapter.
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SECTION 2. That Section 2.46.030, Salt Lake City Code, be, and the same hereby is,
amended to read as follows:
2.46.030 Registration With City Recorder:
Before a personal campaign committee or a political committee solicits or receives its
first contribution, or makes its first expenditure, such committee shall file a written statement
with the city recorder, which filing shall constitute registration with the city by such candidate or
committee:
A. The written statement of a personal campaign committee shall be personally
signed by the candidate and shall set forth:
1. That the personal campaign committee is appointed; and
2. The name and address of each member of such committee and of its secretary.
B. The written statement of a political committee shall be signed by the chairperson
of such committee, shall state that committee exists, and shall list the name and addresses of its
officers.
SECTION 3. That Section 2.46.060, Salt Lake City Code, be, and the same hereby is,
amended to read as follows:
2.46.060 Responsibility For Political Communications Required:
Every advertisement or communication made for a political purpose which is broadcast or
published by means of television, radio, newspaper,billboards, direct mailings, automatic
telephone equipment, paid telephonists, leaflets, fliers,posters, bumper stickers or other printed
matter shall contain a disclosure of the name of the personal campaign committee or political
committee responsible for its broadcast or publication.
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SECTION 4. That Section 2.46.070, Salt Lake City Code, be, and the same hereby is,
amended to read as follows:
2.46.070 Contributions In The Name Of Another Prohibited:
No person shall make a contribution in the name of another person or make a contribution
with another person's funds in his or her own name, and no personal campaign committee or
political committee shall knowingly accept any such contribution.
SECTION 5. That Section 2.46.090, Salt Lake City Code, be, and the same hereby is,
amended to read as follows:
2.46.090 Financial Reporting:
A. Personal Campaign Committees:
1. Each personal campaign committee shall file with the city recorder a campaign finance
statement containing the information required in this section, on the following dates:
a. June 1 of any election year;
b. August 1 of any election year;
c. Except as provided in subsection A2 of this section, seven (7) days prior to the date of
any general or primary election conducted by the city;
d. Not later than thirty(30) days after the date of the general election; and
e. On February 15 of every year unless a termination report has been filed with the city
recorder as provided by subsection A8 of this section or its successor.
Notwithstanding the foregoing provisions of this subsection Al, the personal campaign
committee for a candidate shall be required to file a campaign finance statement on the dates
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specified in this subsection only during an election year in which the elective office that such
candidate seeks is open for election.
2. The personal campaign committee for each candidate who is eliminated at a primary
election shall file with the city recorder a campaign finance statement not later than thirty(30)
days after the date of the primary election. Personal campaign committees for candidates who
lose at a primary election need not file a campaign finance statement seven(7) days prior to the
general election pursuant to subsection Alc of this section.
3. During the seven(7) day period before any election, each personal campaign
committee shall file with the city recorder a verified report of each contribution over five
hundred dollars ($500.00) within twenty four(24)hours after receipt of each such contribution.
Such report shall contain the information required by subsection A4bii(A) of this section.
4. Each campaign finance statement shall:
a. Contain a summary of contributions and expenditures reported in previously filed
campaign finance statements during the calendar year in which the statement is due;
b. Except as provided in subsection A4c of this section:
i. Report all of the committee's or candidate's itemized and total:
(A) Contributions during the election cycle received before the close of the reporting
date; and
(B) Expenditures during the election cycle made through the close of the reporting date;
and
ii. Identify:
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(A) For each contribution in excess of fifty dollars ($50.00), the amount of the
contribution, the name and address of the donor, and the date the contribution was made;
(B) The aggregate total of all contributions that individually do not exceed fifty dollars
($50.00); and
(C) For each expenditure, the amount of the expenditure, the name of the recipient of the
expenditure, the date the expenditure was made, and the purpose of the expenditure; or
c. Report the total amount of all contributions and expenditures if the committee or
candidate receives five hundred dollars ($500.00) or less in contributions and spends five
hundred dollars ($500.00) or less on the candidate's campaign.
5. Each campaign finance statement shall contain a statement by the secretary or by the
chairperson of the committee to the effect that:
a. All contributions and expenditures not theretofore reported have been reported;
b. There are no bills or obligations outstanding and unpaid except as set forth in the
campaign finance statement;
c. The campaign finance statement represents a good faith effort by the committee to
comply with the provisions of this chapter; and
d. The information contained in the campaign finance statement is, to the best knowledge
of the committee, true, accurate and complete.
6. In the event the personal campaign committee had no contributions or expenditures
during the calendar year, the campaign finance statement shall state that no contributions were
received and no expenditures were made during that calendar year.
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7. Within thirty(30) days after distribution of any surplus campaign funds and/or the
payment or compromise of all debts, a personal campaign committee shall file a campaign
finance statement with the city recorder. The campaign finance statement shall state the amount
of such surplus and the name and address of any recipient of such surplus, and shall identify any
debt which was paid or compromised and the name and address of any person to whom any debt
was paid or compromised.
8. In the event a personal campaign committee has permanently ceased operations, the
secretary or chairperson of the committee shall file a termination report with the city recorder
certifying that the personal campaign committee has permanently ceased operations.
9. The requirements of this chapter shall not be construed to abrogate the necessity of
making any other reports or disclosure required by law.
10. With respect to contributions received and expenditures made prior to the effective
date hereof, the first campaign finance statement filed pursuant to this section need only contain
the information required by this section to the extent such information is known by the personal
campaign committee that files such campaign finance statement.
B. Political Committees:
1. Each political committee that has received contributions or made expenditures that
total at least seven hundred fifty dollars ($750.00) during a calendar year shall file a verified
financial statement with the city recorder on:
a. June 1;
b. August 1;
c. Seven (7) days before any primary or general election conducted by the city; and
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d. January 31, reporting contributions and expenditures as of December 31 of the
previous year.
2. The political committee shall report:
a. A detailed listing of all contributions received and expenditures made since the filing
of the last financial statement; and
b. For financial statements filed on August 1 and before the general election, all
contributions and expenditures as of three(3) days before the required filing date of the financial
statement.
3. If the political committee had no contributions or expenditures since the filing of the
last financial statement, the financial statement shall state that no contributions were received and
no expenditures were made since the filing of the last financial statement.
4. The verified financial statement shall include:
a. The name and address of any individual that makes a contribution to the reporting
political committee, and the amount of the contribution;
b. The identification of any publicly identified class of individuals that makes a
contribution to the reporting political committee, and the amount of the contribution;
c. The name and address of any political committee, group, or entity that makes a
contribution to the reporting political committee, and the amount of the contribution;
d. The name and address of each candidate,personal campaign committee, party
committee, or political committee that received an expenditure from the reporting political
committee, and the amount of each expenditure;
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e. The total amount of contributions received and expenditures disbursed by the reporting
political committee;
f. A statement by the political committee's secretary or chairperson to the effect that:
i. All contributions and expenditures not theretofore reported have been reported;
ii. There are no bills or obligations outstanding and unpaid except as set forth in the
financial statement;
iii. The financial statement represents a good faith effort by the committee to comply with
the provisions of this chapter; and
iv. The information contained in the financial statement is, to the best knowledge of the
committee, true, accurate and complete; and
g. A summary page in the form required by the city recorder that identifies:
i. Beginning balance;
ii. Total contributions during the period since the last financial statement;
iii. Total contributions to date;
iv. Total expenditures during the period since the last financial statement; and
v. Total expenditures to date.
5. Contributions received by a political committee that have a value of fifty dollars
($50.00) or less need not be reported individually, but shall be listed in the financial as an
aggregate total.
6. Two (2) or more contributions from the same source that have an aggregate total of
more than fifty dollars ($50.00) may not be reported in the aggregate, but shall be reported
separately.
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7. Within thirty(30) days after distribution of any surplus campaign funds and/or the
payment or compromise of all debts, a political committee shall file a verified financial statement
with the city recorder. The financial statement shall state the amount of such surplus and the
name and address of any recipient of such surplus, and shall identify any debt that was paid or
compromised and the name and address of any person to whom any debt was paid or
compromised.
8. In the event a political committee has permanently ceased operations, the secretary or
chairperson of the committee shall file a termination report with the city recorder certifying that
the political committee has permanently ceased operations.
9. The requirements of this chapter shall not be construed to abrogate the necessity of
making any other reports or disclosure required by law.
10. With respect to contributions received and expenditures made prior to the effective
date hereof, the first financial statement filed pursuant to this section need only contain the
information required by this section to the extent such information is known by the political
committee that files such financial statement.
C. Filing Time: A campaign finance statement or other report required under this
chapter shall be considered filed if it is received by the city recorder or the recorder's office by
five o'clock(5:00) P.M. on the date it is due.
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SECTION 6. That Section 2.68.010, Salt Lake City Code, be, and the same hereby is,
amended to read as follows:
2.68.010 Declarations Of Candidacy-Salt Lake City General Elections:
A. A person may become a candidate for mayor if the person is a registered voter
and:
1. The person has resided within Salt Lake City for the twelve (12) consecutive months
immediately before the date of the election; or
2. If the territory in which the person resides was annexed into Salt Lake City, the person
has resided within the annexed territory or Salt Lake City for twelve (12) consecutive months
immediately before the date of the election.
B. Each person seeking to become a candidate for mayor shall file a declaration of
candidacy with the city recorder during office hours and not later than five o'clock(5:00) P.M.
between July 1 and July 15 of any odd-numbered year and pay a fee of three hundred fifteen
dollars ($315.00) at the time of filing the declaration. When July 15 is a Saturday, Sunday, or
holiday, the filing time shall be extended until five o'clock(5:00) P.M. on the following regular
business day. In lieu of the fee, the person may submit to the city recorder, in addition to the
declaration of candidacy, a nominating petition signed by forty five(45) residents of each council
district, for a total of three hundred fifteen(315)residents, who are at least eighteen(18) years
old. Said nominating petition shall be construed as constituting an alternative to payment of the
required fee for persons for whom such fee would create a financial hardship.
C. The declaration of candidacy for the office of mayor shall substantially comply
with the following form:
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I, (print name) , being first sworn, say that I reside at Street, Salt Lake
City, County of Salt Lake, State of Utah, Zip Code , Telephone Number(if any) ; that
as of the date of the election for mayor on I will have resided within Salt Lake City for the
12 consecutive months immediately before such election; that I am a registered voter; and that I
am a candidate for the office of mayor. I request that my name be printed upon the applicable
official ballots.
(Signed)
Subscribed and sworn to (or affirmed) before me by on this day of
, 2 .
(Signed)
(City Recorder or Notary Public)
D. A person may become a candidate for council member if the person is a registered
voter and:
1. The person has resided within the council district for which such person seeks office
for the twelve (12) consecutive months immediately before the date of the election; or
2. If the territory in which the person resides was annexed into Salt Lake City and into the
council district for which such person seeks office, the person has resided within the annexed
territory or the council district for which such person seeks office for the twelve (12) consecutive
months immediately before the date of the election.
E. Each person seeking to become a candidate for council member shall file a
declaration of candidacy with the city recorder during office hours and not later than five o'clock
(5:00) P.M. between July 1 and July 15 of any odd-numbered year together with a fee of seventy
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five dollars ($75.00). When July 15 is a Saturday, Sunday, or holiday, the filing time shall be
extended until five o'clock(5:00)P.M. on the following regular business day. In lieu of the fee,
the person may submit to the city recorder, in addition to the declaration of candidacy, a
nominating petition signed by seventy five (75)residents of the council district such person seeks
to represent who are at least eighteen(18)years old. Said nominating petition shall be construed
as constituting an alternative to payment of the required fee for persons for whom such fee would
create a financial hardship.
F. The declaration of candidacy for the office of council member shall substantially
comply with the following form:
I, (print name) , being first sworn, say that I reside at Street, Salt Lake
City, County of Salt Lake, State of Utah, Zip Code , Telephone Number (if any) ; that
as of the date of the election for councilmember on I will have resided within council
district # in Salt Lake City for the 12 consecutive months immediately before such election;
that I am a registered voter; and that I am a candidate for the office of councilmember for
council district # . I request that my name be printed upon the applicable official ballots.
(Signed)
Subscribed and sworn to (or affirmed) before me by on this day of
, 2 .
(Signed)
(City Recorder or Notary Public)
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G. 1. Any registered voter may be nominated for mayor by filing a nomination
petition with the city recorder during office hours but not later than five o'clock(5:00)P.M.
between July 1 and July 15 of any odd-numbered year signed by:
a. Twenty five (25) residents of Salt Lake City who are at least eighteen(18) years old; or
b. Twenty percent(20%) of the residents of Salt Lake City who are at least eighteen(18)
years old; and
c. Paying a fee of three hundred fifteen dollars ($315.00).
When July 15 is a Saturday, Sunday, or holiday, the filing time shall be extended until
five o'clock (5:00) P.M. on the following regular business day. In lieu of the fee, the nominating
petition may be signed by an additional forty five (45) residents of each council district, for a
total of three hundred fifteen(315) additional residents, who are at least eighteen(18) years old.
Said additional signatures on the nominating petition shall be construed as constituting an
alternative to payment of the required fee for persons when such fee would create a financial
hardship.
2. a. The petition for mayor shall substantially conform to the following form:
NOMINATION PETITION
The undersigned residents of Salt Lake City being 18 years old or older nominate (name
of nominee) to the office of mayor.
b. The remainder of the petition shall contain lines and columns for the signatures of
persons signing the petition and their addresses and telephone numbers.
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H. 1. Any registered voter may be nominated for council member by filing a
nomination petition with the city recorder during office hours but not later than five o'clock
(5:00) P.M. between July 1 and July 15 of any odd-numbered year signed by:
a. Twenty five (25) residents of the council district which the candidate seeks to represent
who are at least eighteen (18) years old; or
b. Twenty percent (20%) of the residents of the council district which the candidate seeks
to represent who are at least eighteen(18) years old; and
c. Paying a fee of seventy five dollars ($75.00).
When July 15 is a Saturday, Sunday, or holiday, the filing time shall be extended until
five o'clock(5:00)P.M. on the following regular business day. In lieu of the fee, the nominating
petition may be signed by an additional seventy five (75)residents of the said council district
who are at least eighteen (18) years old. Said additional signatures on the nominating petition
shall be construed as constituting an alternative to payment of the required fee when such fee
would create a financial hardship.
2. a. The petition shall substantially conform to the following form:
NOMINATION PETITION
The undersigned residents of Salt Lake City being 18 years old or older nominate (name
of nominee) to the office of councilmember.
b. The remainder of the petition shall contain lines and columns for the signatures of
persons signing the petition and their addresses and telephone numbers.
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I. 1. A declaration of candidacy or nomination petition filed under this section is
valid unless a written objection is filed with the city recorder within five (5) days after the last
day for filing.
2. If an objection is made, the city recorder shall:
a. Mail or personally deliver notice of the objection to the affected candidate
immediately; and
b. Decide any objection within forty eight (48) hours after it is filed.
3. If the city recorder sustains the objection, the candidate may correct the problem by
amending the declaration or petition within three (3) days after the objection is sustained or by
filing a new declaration within three (3) days after the objection is sustained.
4. a. The city recorder's decision upon objections to form is final.
b. The city recorder's decision upon substantive matters is reviewable by a district court if
prompt application is made to the district court.
c. The decision of the district court is final unless the supreme court, in the exercise of its
discretion, agrees to review the lower court decision.
J. Any person who filed a declaration of candidacy and was nominated, and any
person who was nominated by a nomination petition, may, any time up to twenty three (23) days
before the election, withdraw the nomination by filing a written affidavit with the city recorder.
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SECTION 7. EFFECTIVE DATE. That this Ordinance shall take effect on the date of
its first publication.
Passed by the City Council of Salt Lake City, Ut is 8 day of
May , 2007.
HAIRPERSON
ATTEST:
CHIEF DEPUTY C RDER
Transmitted to the Mayor on May 8, 2007
Mayor's Action: Approved. Vetoed.
OR
ATTEST:
. :-•
CHIEF DEPUTY(l &a4ki
RDER %'� '"
(SEAL) r'
ATTB !•' APPROVED AS TO FORM
Salt Lake City Attorneys Of la
Date 2.6 o/
Bill No. 15 of 2007 By `
Published: May 14, 2007
1:\Ordinance 07\Amendment to election laws 4-17-07 clean.doc
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