2.44.140 Campaign finance disclosures.
1. Deposit of Monetary Contributions. Each candidate:
a. Shall deposit a monetary contribution in a separate campaign account in a financial institution; and
b. May not deposit or mingle any monetary contributions received into a personal or business account.
2. Anonymous Contributions. For purposes of this section, “anonymous contribution limit” means a contribution of fifty dollars ($50.00) or more. Within thirty (30) days of receiving a contribution that exceeds the anonymous contribution limit, a candidate shall disburse the amount of the anonymous contribution to either:
a. The Utah State Treasurer for deposit into the state’s general fund;
b. The Lindon City clerk for deposit into the city’s general fund; or
c. An organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.
3. 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 city recorder no later than twenty-eight (28) days before the date of the primary election as set by Section 20A-1-201.5 of the Utah Code Annotated 1953.
4. Each candidate for municipal office who is not eliminated at a municipal primary election shall file with the city recorder a campaign finance statement as described in this section:
a. No later than twenty-eight (28) days before the date of the municipal general election; and
b. No later than thirty (30) days after the date of the municipal general election.
5. Each candidate for municipal office who is eliminated at a municipal primary election shall file with the city recorder a campaign finance statement as described in this section no later than thirty (30) days after the date of the municipal primary election.
6. The campaign finance statement for each candidate who receives more than five hundred dollars ($500.00) in campaign contributions or spends more than five hundred dollars ($500.00) on the candidate’s campaign shall:
a. Report all of the candidate’s itemized and total campaign contributions, including contributions given to the candidate or an agent of the candidate, which were received before the close of the reporting date;
b. Itemize each individual contribution amount, regardless of whether the contribution exceeds the anonymous contribution limit;
c. For each contribution which exceeds the anonymous contribution limit, identify the name of the donor;
d. Report all of the candidate’s campaign expenditures made through the close of the reporting date; and
e. Identify for each campaign expenditure the amount of the expenditure and the name of the recipient of the expenditure.
7. The campaign finance statements for each candidate who receives five hundred dollars ($500.00) or less in campaign contributions and spends less than five hundred dollars ($500.00) on the candidate’s campaign expenditures shall only be required to report the total amount of all campaign contributions and campaign expenditures.
8. Campaign finance statements, which are required to be filed twenty-eight (28) days before the municipal primary and the general elections, shall include all contributions received and all expenditures made up to and including five (5) days before the campaign finance statement is due.
9. The city recorder shall, at the time a candidate for municipal office files a declaration of candidacy, and again thirty-five (35) days before each municipal general election, notify the candidate in writing of:
a. The provisions of this section;
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. The city recorder shall make each campaign finance statement filed by a candidate available for public inspection and copying at the Lindon City offices no later than one (1) business day after the statement is filed.
a. Campaign finance statements shall also be made available for public inspection by:
i. Posting an electronic copy or the content of the statement on the city’s website no later than seven (7) business days after it is filed; and
ii. The city recorder shall verify that the address of the city’s website has been provided to the Lieutenant Governor in order to meet the requirements of Section 20A-11-103 of the Utah Code Annotated 1953.
11. If a candidate fails to file a campaign finance statement before the municipal primary or general election by the deadline specified herein the following procedures shall be followed:
a. The city recorder shall impose a fine of fifty dollars ($50.00) on any candidate who is not disqualified under Subsection 2.44.140(11)(c) below;
b. The city recorder shall send an electronic notice to the candidate that states:
i. That the candidate has failed to timely file the campaign finance statement;
ii. That, if the candidate fails to file the campaign finance statement within twenty-four (24) hours after the deadline for filing the statement, the candidate will be disqualified; and
iii. That a fifty dollars ($50.00) fine will be imposed on the candidate if they choose to avoid disqualification and file the campaign finance statement within twenty-four (24) hours after the deadline for filing the statement.
c. If the candidate fails to file the campaign finance statement within twenty-four (24) hours after the deadline for filing the statement, the city recorder shall disqualify a candidate and inform the appropriate election official that the candidate is disqualified.
d. If a candidate is disqualified under Subsection 2.44.140(11)(c) above the city recorder shall:
i. Notify every opposing candidate for municipal office that the candidate is disqualified;
ii. Send an email notification to each voter who is eligible to vote in the municipal election for whom the city recorder has an email address. Such notice shall inform the voter that the candidate is disqualified and that votes cast for that candidate will not be counted;
iii. Post notice of the disqualification on the city website and include a statement that votes cast for the disqualified candidate will not be counted; and
iv. If practical, remove, or request the appropriate election official to remove, the candidate’s name from the ballot by blacking out the candidate’s name before the ballots are delivered to voters.
e. A candidate who is disqualified under Subsection 2.44.140(11)(c) above shall still be required to file with the city recorder a complete and accurate campaign finance statement within thirty (30) days after the day on which the candidate is disqualified.
12. Election officials may not count any votes for a candidate who has been disqualified for failure to comply with this section.
13. A candidate who timely files a campaign finance statement, but which contains omissions, errors or inaccuracies which are inadvertent and are insignificant, is not disqualified if the statement still details accurately and completely the information required herein and the omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.
14. A campaign finance statement required under this section is considered to be filed if it is received in the Lindon City offices by 5:00 p.m. on the date that it is due. (Ord. 2023-7 §1, amended, 2023; Ord. 2017-7 §1, renumbered, 2017; Ord. 2007-7, amended, 2007; Ord. 2001-7, amended, 2001. Formerly 2.44.130)