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Legislative Version Ordinance - 7/22/2021LEGISLATIVE DRAFT 1 1 SALT LAKE CITY ORDINANCE 2 No. ______ of 2021 3 4 (Campaign finance reporting and personal campaign committees) 5 6 An ordinance amending Sections 2.46.010 and 2.46.090 of the Salt Lake City Code, 7 relating to campaign finance reporting and personal campaign committees. 8 WHEREAS, the city desires to make certain changes relating to campaign finance 9 reporting and personal campaign committees; and 10 WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Sections 11 2.46.010 and 2.46.090 of the Salt Lake City Code, relating to such changes. 12 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 13 SECTION 1. Section 2.46.010 of the Salt Lake City Code, relating to definitions, is 14 amended as follows: 15 Amending the definition of “Reporting Date.” The definition of “Reporting Date” is 16 amended to read as follows: 17 REPORTING DATE: A. Ten (10) days before the election, for a campaign finance statement 18 required to be filed not later than seven (7) days before a primary election or general election 19 conducted by the city; 20 B. The day of filing, for a campaign finance statement required to be filed not later than thirty 21 (30) days after a primary election or general election conducted by the city; and 22 C. Three (3) days before the filing date, for any other campaign finance statement required to 23 be filed pursuant to this chapter; and. 24 LEGISLATIVE DRAFT 2 D. If the city opts into the Municipal Alternate Voting Methods Pilot Project created in Utah 25 Code section 20A-4-602 and therefore does not hold a primary election, 30 days after the day on 26 which the primary election otherwise would have been held. 27 SECTION 2. Section 2.46.090 of the Salt Lake City Code, relating to personal campaign 28 committees, is amended as follows: 29 2.46.090: FINANCIAL REPORTING: 30 A. Personal Campaign Committees: 31 1. Each personal campaign committee shall file with the city recorder a campaign finance 32 statement containing the information required in this section, on the following dates: 33 a. July 1 of any election year; 34 b. Except as provided in subsection A2 of this section, no later than seven (7) days before 35 the date of day on which any municipal general or primary election is held; 36 c. Except as provided in subsection A2 of this section, no later than thirty (30) days after 37 the date of day on which the municipal general election is held; and 38 d. On February 15 of every year unless a termination report has been filed with the city 39 recorder as provided by subsection A8 of this section or its successor subsection; and. 40 e. If the city opts into the Municipal Alternate Voting Methods Pilot Project created in 41 Utah Code section 20A-4-602 and therefore does not elects not to hold a primary election, 30 42 days after the day on which the primary election otherwise would have been held. 43 Notwithstanding the foregoing provisions of this subsection A1, the personal campaign 44 committee for a candidate shall be required to file a campaign finance statement on the dates 45 specified in subsections A1a, A1b, and A1c of this section only during an election year in which 46 the elective office that such candidate seeks is open for election. 47 LEGISLATIVE DRAFT 3 2. The personal campaign committee for each candidate who is eliminated at a primary 48 election shall file with the city recorder a campaign finance statement no later than thirty within 49 (30) days after the date of day on which the primary election is held. Personal campaign 50 committees for candidates who lose at a primary election need not file a campaign finance 51 statement seven (7) days before the general election pursuant to subsection A1b of this section or 52 thirty (30) days after the general election pursuant to subsection A1c of this section. 53 3. During the seven (7) day period before any election, each personal campaign committee 54 shall file with the city recorder a verified report of each contribution over five hundred dollars 55 ($500.00) within twenty four (24) hours after receipt of receiving each such contribution. Such 56 report shall contain the information required by subsection A4b(2)(A) of this section. 57 4. Each campaign finance statement shall: 58 a. Contain a summary of contributions and expenditures reported in previously filed 59 campaign finance statements during the calendar year in which the statement is due; 60 b. Except as provided in subsection A4c of this section: 61 (1) Report all of the committee's or candidate's itemized and total: 62 (A) Contributions during the election cycle received before the close of the reporting 63 date; and 64 (B) Expenditures during the election cycle made through the close of the reporting 65 date; and 66 (2) Identify: 67 (A) For each contribution in excess of fifty dollars ($50.00), the amount of the 68 contribution, the name and address of the donor, and the date the contribution was made; 69 LEGISLATIVE DRAFT 4 (B) The aggregate total of all contributions that individually do not exceed fifty dollars 70 ($50.00); and 71 (C) For each expenditure, the amount of the expenditure, the name of the recipient of 72 the expenditure, the date the expenditure was made, and the purpose of the expenditure; or 73 c. Report the total amount of all contributions and expenditures if the committee or 74 candidate receives five hundred dollars ($500.00) or less in contributions and spends five 75 hundred dollars ($500.00) or less on the candidate's campaign. 76 5. Each campaign finance statement shall contain a statement by the secretary or by the 77 chairperson of the committee to the effect that: 78 a. All contributions and expenditures not theretofore reported have been reported; 79 b. There are no bills or obligations outstanding and unpaid except as set forth in the 80 campaign finance statement; 81 c. The campaign finance statement represents a good faith effort by the committee to 82 comply with the provisions of this chapter; and 83 d. The information contained in the campaign finance statement is, to the best knowledge 84 of the committee, true, accurate and complete. 85 6. In the event the personal campaign committee had no contributions or expenditures 86 during the calendar year, the campaign finance statement shall state that no contributions were 87 received and no expenditures were made during that calendar year. 88 7. Within thirty (30) days after distribution of any surplus campaign funds and/or the 89 payment or compromise of all debts, a personal campaign committee shall file a campaign 90 finance statement with the city recorder. The campaign finance statement shall state the amount 91 of such surplus and the name and address of any recipient of such surplus, and shall identify any 92 LEGISLATIVE DRAFT 5 debt which that was paid or compromised and the name and address of any person to whom any 93 debt was paid or compromised. 94 8. In the event a personal campaign committee has permanently ceased operations, the 95 secretary or chairperson of the committee shall file a termination report with the city recorder 96 certifying that the personal campaign committee has permanently ceased operations. 97 9. The requirements of this chapter shall not be construed to abrogate the necessity of 98 making any other reports or disclosure required by law. 99 10. With respect to contributions received and expenditures made before the effective date 100 hereofof this section, the first campaign finance statement filed pursuant to this section need only 101 contain the information required by this section to the extent such information is known by the 102 personal campaign committee that files such campaign finance statement. 103 B. Political Committees: 104 1. Each political committee that has received contributions or made expenditures that total 105 at least seven hundred fifty dollars ($750.00) during a calendar year shall file a verified financial 106 statement with the city recorder on: 107 a. July 1 of any election year; 108 b. No later than seven (7) days before the day on which any municipal primary or general 109 election is held; and 110 c. January 1031, reporting contributions and expenditures as of December 31 of the 111 previous year. 112 2. The political committee shall report: 113 a. A detailed listing of all contributions received and expenditures made since the filing of 114 the last financial statement; and 115 LEGISLATIVE DRAFT 6 b. For financial statements filed on July 1 and before the municipal general election, all 116 contributions and expenditures as of three (3) days before the required filing date of the financial 117 statement. 118 3. If the political committee had no contributions or expenditures since the filing of the last 119 financial statement, the financial statement shall state that no contributions were received and no 120 expenditures were made since the filing of the last financial statement. 121 4. The verified financial statement shall include: 122 a. The name and address of any individual that makes a contribution to the reporting 123 political committee, if known, and the amount of the contribution; 124 b. The identification of any publicly identified class of individuals that makes a 125 contribution to the reporting political committee, if known, and the amount of the contribution; 126 c. The name and address of any political committee, group, or entity that makes a 127 contribution to the reporting political committee, and the amount of the contribution; 128 d. The name and address of each candidate, personal campaign committee, party 129 committee, or political committee that received an expenditure from the reporting political 130 committee, and the amount of each expenditure; 131 e. The total amount of contributions received and expenditures disbursed by the reporting 132 political committee; 133 f. A statement by the political committee's secretary or chairperson to the effect that: 134 (1) All contributions and expenditures not theretofore reported have been reported; 135 (2) There are no bills or obligations outstanding and unpaid except as set forth in the 136 financial statement; 137 LEGISLATIVE DRAFT 7 (3) The financial statement represents a good faith effort by the committee to comply 138 with the provisions of this chapter; and 139 (4) The information contained in the financial statement is, to the best knowledge of the 140 committee, true, accurate and complete; and 141 g. A summary page in the form required by the city recorder that identifies: 142 (1) Beginning balance; 143 (2) Total contributions during the period since the last financial statement; 144 (3) Total contributions to date; 145 (4) Total expenditures during the period since the last financial statement; and 146 (5) Total expenditures to date. 147 5. Contributions received by a political committee that have a value of fifty dollars ($50.00) 148 or less need not be reported individually, but shall be listed in the financial statement as an 149 aggregate total. 150 6. Two (2) or more contributions from the same source that have an aggregate total of more 151 than fifty dollars ($50.00) may not be reported in the aggregate, but shall be reported separately. 152 7. Within thirty (30) days after distribution of any surplus campaign funds and/or the 153 payment or compromise of all debts, a political committee shall file a verified financial statement 154 with the city recorder. The financial statement shall state the amount of such surplus and the 155 name and address of any recipient of such surplus, and shall identify any debt that was paid or 156 compromised and the name and address of any person to whom any debt was paid or 157 compromised. 158 LEGISLATIVE DRAFT 8 8. In the event a political committee has permanently ceased operations, the secretary or 159 chairperson of the committee shall file a termination report with the city recorder certifying that 160 the political committee has permanently ceased operations. 161 9. The requirements of this chapter shall not be construed to abrogate the necessity of 162 making any other reports or disclosure required by law. 163 10. With respect to contributions received and expenditures made before the effective date 164 hereofof this section, the first financial statement filed pursuant to this section need only contain 165 the information required by this section to the extent such information is known by the political 166 committee that files such financial statement. 167 C. Filing Time: A campaign finance statement or other report required under this chapter shall 168 be considered filed if it is received by the city recorder or the recorder's office by five o'clock 169 (5:00) P.M. on the date it is due. 170 SECTION 3. This ordinance shall take effect immediately after it has been published in 171 accordance with Utah Code section 10-3-711 and recorded in accordance with Utah Code section 172 10-3-713. 173 Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________, 174 2021. 175 ____________________________ 176 CHAIRPERSON 177 ATTEST AND COUNTERSIGN: 178 179 ___________________________ 180 CITY RECORDER 181 182 Transmitted to Mayor on ______________________. 183 184 Mayor’s Action: __________ Approved. ___________ Vetoed. 185 186 187 LEGISLATIVE DRAFT 9 ____________________________ 188 MAYOR 189 190 191 192 ___________________________ 193 CITY RECORDER 194 195 196 (SEAL) 197 198 199 Bill No. ______ of 2021. 200 Published: _____________________. 201 202 203 204 205 Salt Lake City Attorney’s Office Approved As To Form By: _______________________ Boyd Ferguson Date: __________________