§ 10-3-209 — Personal use expenditure -- Authorized and prohibited uses of campaign funds -- Enforcement -- Penalties.

(1) Unless a municipality adopts by ordinance more stringent definitions, the following are defined terms for the purposes of this section:
(1)(a) "Candidate" means a person who:
(1)(a)(i) files a declaration of candidacy for municipal office; or
(1)(a)(ii) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office.
(1)(b) "Officeholder" means a person who is elected to and currently holds a municipal office.
(1)(c) (1)(c)(i) "Personal use expenditure" means an expenditure that:
(1)(c)(i)(A) is not excluded from the definition of personal use expenditure by Subsection (2) and primarily furthers a personal interest of a candidate or officeholder or a candidate's or officeholder's family, which interest is not connected with the performance of an activity as a candidate or an activity or duty of an officeholder; or
(1)(c)(i)(B) would cause the candidate or officeholder to recognize the expenditure as taxable income under federal law.
(1)(c)(ii) "Personal use expenditure" includes:
(1)(c)(ii)(A) a mortgage, rent, utility, or vehicle payment;
(1)(c)(ii)(B) a household food item or supply;
(1)(c)(ii)(C) a clothing expense, except:
(1)(c)(ii)(C)(I) clothing bearing the candidate's name or campaign slogan or logo that is used in the candidate's campaign;
(1)(c)(ii)(C)(II) clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the officeholder represents or of which the officeholder is a member; or
(1)(c)(ii)(C)(III) repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;
(1)(c)(ii)(D) an admission to a sporting, artistic, or recreational event or other form of entertainment;
(1)(c)(ii)(E) dues, fees, or gratuities at a country club, health club, or recreational facility;
(1)(c)(ii)(F) a salary payment made to a candidate, officeholder, or a person who has not provided a bona fide service to a candidate or officeholder;
(1)(c)(ii)(G) a vacation;
(1)(c)(ii)(H) a vehicle expense;
(1)(c)(ii)(I) a meal expense;
(1)(c)(ii)(J) a travel expense;
(1)(c)(ii)(K) a payment of an administrative, civil, or criminal penalty;
(1)(c)(ii)(L) a satisfaction of a personal debt;
(1)(c)(ii)(M) a personal service, including the service of an attorney, accountant, physician, or other professional person;
(1)(c)(ii)(N) a membership fee for a professional or service organization; and
(1)(c)(ii)(O) a payment in excess of the fair market value of the item or service purchased.
(2) As used in this section, "personal use expenditure" does not mean an expenditure made:
(2)(a) for a political purpose;
(2)(b) for candidacy for public office;
(2)(c) to fulfill a duty or activity of an officeholder;
(2)(d) for a donation to a registered political party;
(2)(e) 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;
(2)(f) to return all or a portion of a contribution to a donor;
(2)(g) for the following items, if made in connection with the candidacy for public office or an activity or duty of an officeholder:
(2)(g)(i) (2)(g)(i)(A) a mileage allowance at the rate established by the Division of Finance under Section 63A-3-107; or
(2)(g)(i)(B) for motor fuel or special fuel, as defined in Section 59-13-102;
(2)(g)(ii) a meal expense;
(2)(g)(iii) a travel expense, including an expense incurred for airfare or a rental vehicle;
(2)(g)(iv) a payment for a service provided by an attorney or accountant;
(2)(g)(v) a tuition payment or registration fee for participation in a meeting or conference;
(2)(g)(vi) a gift;
(2)(g)(vii) a payment for the following items in connection with an office space:
(2)(g)(vii)(A) rent;
(2)(g)(vii)(B) utilities;
(2)(g)(vii)(C) a supply; or
(2)(g)(vii)(D) furnishing;
(2)(g)(viii) a booth at a meeting or event; or
(2)(g)(ix) educational material;
(2)(h) to purchase or mail informational material, a survey, or a greeting card;
(2)(i) for a donation to a charitable organization, as defined by Section 13-22-2, including admission to or sponsorship of an event, the primary purpose of which is charitable solicitation, as defined in Section 13-22-2;
(2)(j) to repay a loan a candidate makes from the candidate's personal account to the candidate's campaign account;
(2)(k) to pay membership dues to a national organization whose primary purpose is to address general public policy;
(2)(l) 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 candidate's or officeholder's community;
(2)(m) for one or more guests of an officeholder or candidate to attend an event, meeting, or conference described in this Subsection (2); or
(2)(n) to pay childcare expenses of:
(2)(n)(i) a candidate while the candidate is engaging in campaign activity; or
(2)(n)(ii) an officeholder while the officeholder is engaging in the duties of an officeholder.
(3) (3)(a) A municipality may adopt an ordinance prohibiting a personal use expenditure by a candidate with requirements that are more stringent than the requirements provided in Subsection (4).
(3)(b) The municipality may adopt definitions that are more stringent than those provided in Subsection (1) or (2).
(3)(c) If a municipality fails to adopt a personal use expenditure ordinance described in Subsection (3)(a), a candidate shall comply with the requirements contained in Subsection (4).
(4) A candidate or an officeholder may not use money deposited into a campaign account for:
(4)(a) a personal use expenditure; or
(4)(b) an expenditure prohibited by law.
(5) A municipality may enforce this section by adopting an ordinance:
(5)(a) to provide for the evaluation of a campaign finance statement to identify a personal use expenditure; and
(5)(b) to commence informal adjudicative proceedings if, after an evaluation described in Subsection (5)(a), there is probable cause to believe that a candidate or officeholder has made a personal use expenditure.
(6) If, in accordance with the proceedings described in Subsection (5)(b) established in municipal ordinance, a municipality determines that a candidate or officeholder has made a personal use expenditure, the municipality:
(6)(a) may require the candidate or officeholder to:
(6)(a)(i) remit an administrative penalty of an amount equal to 50% of the personal use expenditure to the municipality; and
(6)(a)(ii) deposit the amount of the personal use expenditure into the campaign account from which the personal use expenditure was disbursed; and
(6)(b) shall deposit the money received under Subsection (6)(a)(i) into the municipal general fund.

Legislative History

Amended by Chapter 447, 2024 General Session