Political action committees -- Registration -- Name or acronym used by political action committee -- Criminal penalty for providing false information or accepting unlawful contribution.
Political action committees -- Registration -- Name or acronym used by political action committee -- Criminal penalty for providing false information or accepting unlawful contribution.
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(1)
(a) A political action committee shall file an initial statement of organization with the lieutenant governor's office no later than 5 p.m. seven days after the day on which the political action committee:
(i) receives contributions totaling at least $750; or
(ii) distributes expenditures for political purposes totaling at least $750.
(b) Unless the political action committee has filed a notice of dissolution under Subsection (7), after filing an initial statement of organization, a political action committee shall file an updated statement of organization with the lieutenant governor's office each year after the year in which the political action committee files an initial statement of organization:
(i) before 5 p.m. on January 10; or
(ii) electronically, before midnight on January 10.
(c) After filing an initial statement of organization, a political action committee shall, before January 10 each year after the year in which the political action committee files an initial statement of organization, file an updated statement of organization with the lieutenant governor's office.
(2) A statement of organization described in Subsection (1) shall include:
(a) the full name of the political action committee, a second name, if any, and an acronym, if any;
(b) the address and phone number of the political action committee;
(c) the name, address, telephone number, title, and occupation of:
(i) the two officers described in Subsection (5) and the treasurer of the political action committee;
(ii) all other officers, advisory members, and governing board members of the political action committee; and
(iii) each individual or entity represented by, or affiliated with, the political action committee; and
(d) other relevant information requested by the lieutenant governor.
(3)
(a) A political action committee may not use a name or acronym:
(i) other than a name or acronym disclosed in the political action committee's latest statement of organization;
(ii) that is the same, or deceptively similar to, the name or acronym of another political action committee; or
(iii) that is likely to mislead a potential donor regarding the individuals or entities represented by, or affiliated with, the political action committee.
(b) Within seven days after the day on which a political action committee files an initial statement of organization, the lieutenant governor's office shall:
(i) review the statement and determine whether a name or acronym used by the political action committee violates Subsection (3)(a)(ii) or (iii); and
(ii) if the lieutenant governor's office determines that a name or acronym used by the political action committee violates Subsection (3)(a)(ii) or (iii), order, in writing, that the political action committee:
(A) immediately cease and desist use of the name or acronym; and
(B) within seven days after the day of the order, file an updated statement of organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
(c) If, beginning on May 14, 2019, a political action committee is using a name or acronym that is the same, or deceptively similar to, the name or acronym of another political action committee, the lieutenant governor shall determine which political action committee has been using the name the longest and shall order, in writing, any other political action committee using the same, or a deceptively similar, name or acronym to:
(i) immediately cease and desist use of the name or acronym; and
(ii) within seven days after the day of the order, file an updated statement of organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
(d) If a political action committee uses a name or acronym other than a name or acronym disclosed in the political action committee's latest statement of organization:
(i) the lieutenant governor shall order, in writing, that the political action committee cease and desist use of the name or acronym; and
(ii) the political action committee shall immediately comply with the order described in Subsection (3)(d)(i).
(4)
(a) The lieutenant governor may, in addition to any other penalty provided by law, impose a $100 fine against a political action committee that:
(i) fails to timely file a complete and accurate statement of organization or subsequent statement of organization; or
(ii) fails to comply with an order described in Subsection (3).
(b) The attorney general, or a political action committee that is harmed by the action of a political action committee in violation of this section, may bring an action for an injunction against the violating political action committee, or an officer of the violating political action committee, to enforce the provisions of this section.
(c) A political action committee may bring an action for damages against another political action committee that uses a name or acronym that is the same, or deceptively similar to, the name or acronym of the political action committee bringing the action.
(5)
(a) Each political action committee shall designate two officers who have primary decision-making authority for the political action committee.
(b) An individual may not exercise primary decision-making authority for a political action committee if the individual is not designated under Subsection (5)(a).
(6) A political action committee shall deposit each contribution received in one or more separate accounts in a financial institution that are dedicated only to that purpose.
(7)
(a) A registered political action committee that intends to permanently cease operations shall file a notice of dissolution with the lieutenant governor's office.
(b) A notice of dissolution filed by a political action committee does not exempt the political action committee from complying with the financial reporting requirements described in this chapter in relation to all contributions received, and all expenditures made, before, at, or after dissolution.
(c) A political action committee shall, before filing a notice of dissolution, dispose of any money remaining in an account described in Subsection (1)(c) by:
(i) returning the money to the donors;
(ii) donating the money to the campaign account of a candidate or officeholder;
(iii) donating the money to another political action committee;
(iv) donating the money to a political party;
(v) donating the money to an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; or
(vi) making another lawful expenditure of the money for a political purpose.
(d) A political action committee shall report all money donated or expended under Subsection (4)(c) in a financial report to the lieutenant governor, in accordance with the financial reporting requirements described in this chapter.
(8)
(a) Unless the political action committee has filed a notice of dissolution under Subsection (7), a political action committee shall file, with the lieutenant governor's office, notice of any change of an officer described in Subsection (5)(a).
(b) A political action committee may not accept a contribution from a political issues committee, but may donate money to a political issues committee.
(c) A political action committee shall:
(i) file a notice of a change of a primary officer described in Subsection (5)(a) before 5 p.m. within 10 days after the day on which the change occurs; and
(ii) include in the notice of change the name and title of the officer being replaced, and the name, address, occupation, and title of the new officer.
(9)
(a) A person is guilty of providing false information in relation to a political action committee if the person intentionally or knowingly gives false or misleading material information in a statement of organization or the notice of change of primary officer.
(b) Each primary officer designated in Subsection (5)(a) or (8)(c) is guilty of accepting an unlawful contribution if the political action committee knowingly or recklessly accepts a contribution from a corporation that:
(i) was organized less than 90 days before the date of the general election; and
(ii) at the time the political action committee accepts the contribution, has failed to file a statement of organization with the lieutenant governor's office as required by Section 20A-11-704.
(c) A violation of this Subsection (9) is a third degree felony.