Governors Commission on

Strengthening Democracy
r F INAL R EPORT DECEMBER 2009 s

www.strengthendemocracy.org

Larry H. Miller

had a strong passion for democracy and freedom.

As a student of American history, he was profoundly grateful for the men and women who laid the
foundation of our representative form of government. He believed that when we, as a people, come
to better understand our nations history and the events and intents surrounding the miracle of the
United States Constitution, we become a stronger nation.
It was with this zeal for liberty and democracy that Larry
H. Miller agreed to chair The Governors Commission
on Strengthening Democracy. At the time, Larry was
struggling through difficult health challenges including
recovering from a major heart attack. Despite this, he
was determined to do his part as a citizen and contribute
positively to this important undertaking.
The commission will always remember the first meeting
held in the Governors Mansion. Larry couldnt be present
but joined through a conference call from his hospital
room. The group could hear nurses and doctors working
in the background and was deeply impressed by his
sacrifice in participating.
Unfortunately, Larry H. Miller passed away a short time after this initial meeting but his dedication and
commitment to the end set a tremendous tone for the remainder of the commission.
It is in memory of honor of his great life that we present this report. We hope that its findings and
recommendations will serve the public well.

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

Introductory Letter

from Kirk Jowers and the Commission

he Governors Commission on Strengthening Utahs Democracy was established in

January of 2009 by former Utah Governor Jon Huntsman, Jr. and subsequently endorsed by his
successor, Governor Gary Herbert. The Commission was a response to a worrying trend. Utah has
historically boasted robust voter turnout, but Utahns are now less likely to cast a ballot than citizens
of 47 other states. This tumble in voter turnout is likely indicative of a broader decline in all forms of
political participation. The Commission was tasked with recommending revisions to Utahs campaign
finance, lobbying, and election laws that would bolster political participation in our great state.

In an effort to make voting more accessible to all Utahns, the Commission advised changes in state law to
allow Utahns to register to vote when casting a ballot on Election Day, completing state government forms,
and visiting government Web sites. This recommendation would also make voter registrations portable, so
that Utahns would not need to re-register after changing residences, as is now required.

The Commissioners were a diverse group of respected community and political leaders from across the
political spectrum. Our diversity made the Commissions deliberations lively and wide-ranging, but we still
came together to develop a deep record and build consensus on a number of important issues. It was an
honor and privilege to serve with such a distinguished group.

The pages that follow are a compilation of the Commissions research and recommendations. These
documents were produced with tremendous effort and care by the Commissioners, Commissions staff, and
pro bono attorneys. I commend them to you.

We mourned the early loss of our Chairman Larry H. Miller and we encourage you to read his memoriam.
In spite of his devastating health concerns, Larry chaired the initial meeting and strongly advocated the
importance of the Governors mandate. When Larry passed, his example of commitment inspired us and
his words continued to strengthen our resolve to make a difference.

The Commissions other important recommendations included measures to improve Armed Service members
ability to vote, enhance transparency in government, and slow the legislator-to-lobbyist revolving door.

Utahns demand and deserve a government that works for the benefit of all and inspires its citizens to
serve their community, state, and country. I applaud Governors Huntsman and Herbert for supporting
this endeavor. Together we can create a stronger, more vibrant Utah, with greater participation by Utahs
citizens and more transparency and accountability from Utahs elected officials.
Sincerely,

The Commission actively sought public input and participation. A Commission website
(www.strengthendemocracy.org) was quickly established that encouraged and received suggestions and
comments from a large number of citizens. The website also made all Commission documents, meeting
minutes, and research available to the public. The Commission held 12 meetings between February and
December around the state, including at some of our states great public facilities (Utah State Capitol
and Salt Lake City and County Building) and universities (Southern Utah University, University of Utah,
Utah Valley University, and Weber State University). Each meeting after the organizing meeting at the
Governors Mansion was open to the public and allowed time for public comment. Comments at these
meetings and from the website proved invaluable for the Commissioners.

Kirk Jowers
Acting Chair

The Commission recommended landmark reforms. One such recommendation would, if enacted, cap
campaign contributions and impose pay-to-play restrictions for the first time in Utahs history, and
provide for more robust public disclosure of political fundraising and spending in the state. To enforce
these and other newly proposed requirements, the Commission also endorsed a new and independent
Elections, Campaign Finance, and Lobbying Enforcement Commission headed by three retired judges.

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

Mission Statement

Table of Contents
pg.

1. Tribute to Larry H. Miller, Chair

pg.

2-3. Introductory Letter - Kirk L. Jowers, Acting Chair

pg.

5. Mission Statement
Governor Jon Huntsman, Jr. Letter (page 6)
Lieutenant Governor Gary R. Herbert Letter (page 7)

pg.

8. Summary of Commission Meetings

pg.

10-23. Commission Recommendations

1. Recommendation for Requiring Disclosure of Employment Data
2. Recommendation for Requiring Mandatory Electronic Filing
3. Recommendation for Overseas Military Voting Reform
4. Recommendation for Revolving Door Provision
5. Recommendation for Elections, Lobbying, & Campaign Finance
Enforcement Commission
6. Recommendation for Campaign Finance Reform
7. Recommendation for Making Voter Registration Automatic & Portable
8. Recommendation for Improving the Voter Registration Process

pg.

24-25. Acknowledgements

tah has a rich history of civic engagement and democratic participation. The 2008 general
election was a proud part of this tradition as it concluded with a near record turnout.
Unfortunately, our participation in the 2008 primary election and 2006 primary and general elections
bestowed Utah citizens with the dubious distinction of having among the lowest voter turnout in the
nation. Of course, Utah citizens are busily engaged in countless patriotic, community building, and
family enriching activities, but these activities cannot excuse us from exercising our fundamental civic
duties nor should our voter turnout be dependent on the excitement of the race.
The Governors Commission on Strengthening Utahs Democracy recognizes that laws, regulations, and
other government programs have an impact on citizens ability and desire to vote. Neither the problems
nor cures are partisan issues, but rather are shared by all Utah citizens. A large majority of our citizens
consider the reported scandals by certain Utah government officials to be serious and are demanding
ethics reform. Simply put, Utahans want and deserve a system that they can believe in and that works
for the benefit of all. Accordingly, the Commission will examine the following areas critical to Utahs
democracy and report back to the Governor and Utah citizenry regarding its findings, conclusions, and
recommendations:
1. Ethics laws (gift & conflict-of-interest laws &
independent ethics commission)

2. Campaign finance laws

3. Redistricting laws and procedures
4. Lobbying regulations (disclosure & revolving door issues)
5. Elections (caucus & convention system, open or closed
primary, voter registration, & voting options)

Note - In a letter dated April 15, 2009, Governor Huntsman directed the Commission to focus on elections, campaign
finance, and lobbying.

Appendix (see attached CD on inside front cover)

Commission Meeting Minutes
Failed Recommendations
Minority Reports
Media

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Governors Commission on
Strengthening Democracy

April 15, 2009

Utahs Democracy
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:
Dear Commissioners

r6 s

June 16, 2009

Governors Commission on Strengthening Utah

s Democracy
c/o Vice and Acting Chairman Kirk L. Jowers
Hinckley Institute of Politics, University of Utah
Orson Spencer Hall
260 South Central Campus Drive, Room 253
Salt Lake City, Utah 84112
Dear Commissioners:
As you know, President Obama has announced
his intention to nominate Governor Huntsman
as the U.S. Ambassador to
the Peoples Republic of China. If Governor Hunts
man is confirmed by the U.S. Senate, I will succe
ed him as Governor of
Utah. I understand that some of you have raised
questions about the Commissions status durin
g and after this transition
period.
In recognition of your substantial efforts, I write
to affirm my endorsement of Commission on
Strengthening Utahs
Democracy. The Commissions work is vital becau
se Utahs legal structure impacts the desire and
ability of all citizens to
participate in the political process. As Lieutenant
Governor, I have worked tirelessly to increase
civic participation in our
democracy. Accordingly, I fully support the Comm
issions mandate to propose analysis of and reform
s to Utahs campaign
finance, lobbying, and election laws.
Thank you for your forthcoming recommendations

and your service to the State of Utah.

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

Meeting Schedule
FEBRUARY 5, 2009 Governors Mansion, Salt Lake City, Utah
Discussion of organization and administration
MARCH 3, 2009 Rampton Board Room, Utah State Capitol, Salt Lake City, Utah
Larry H. Miller Tribute, Elections sub-topic presentations and discussion with Lt.
Governor Gary Herbert and Utahs four approved political parties.
MARCH 28, 2009 KUED Board Room, KUED-TV, Salt Lake City, Utah
Redistricting, Campaign Finance, Lobbying, Ethics, and Elections
sub-topic presentations and discussion.
APRIL 16, 2009 Timpanogos Room, Utah Valley University Library, Orem, Utah
Elections sub-topic presentations and discussion.
MAY 21, 2009 Zions Bank Basketball Center, Salt Lake City, Utah
Lobbying sub-topic presentations and discussion.

SEPTEMBER 10, 2009 State Office Auditorium, Utah State Capitol Complex, Salt Lake City, Utah
Campaign Finance sub-topic discussion and deliberation.
SEPTEMBER 24, 2009 Dumke Legacy Hall, Hurst Center, Weber State University, Ogden, Utah
Campaign Finance sub-topic discussion and deliberation with Lt. Governor Greg
Bell and Weber State University Student Ethics Committee.

OCTOBER 1, 2009 J. Willard Marriott Library, University of Utah, Salt Lake City, Utah
Elections and Lobbying sub-topic discussion and deliberation.

NOVEMBER 5, 2009 W30, Utah State Capitol Complex, Salt Lake City, Utah
Elections, Lobbying, and Campaign Finance discussion and deliberation.

DECEMBER 9, 2009 Rampton Board Room, Utah State Capitol Complex, Salt Lake City, Utah
Presentation of final recommendations to Governor Gary Herbert.

JUNE 18, 2009 Council Chamber, City and County Building, Salt Lake City, Utah
Campaign Finance sub-topic presentations and discussion.
JULY 31, 2009 Southern Utah University, Cedar City, Utah
Elections sub-topic discussion and deliberation with Governor Olene S. Walker
and the Utah Student Association.

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

Recommendation for Requiring

Disclosure of Employment Data
sponsored by acting chair kirk jowers

Recommendation for
Mandatory Electronic Filing
sponsored by acting chair kirk jowers

hereas, candidates for state office must report the name and address of any individual or entity giving
contributions or public service assistance with a fair market value over $50;

hereas, 24 states currently operate electronic filing programs that are mandatory for both statewide
and legislative candidates;

Whereas, Utah does not require candidates for state office to report the occupation or employer of
individuals giving contributions or public service assistance;

Whereas, an additional 6 states require electronic disclosure for all statewide-office candidates;
Whereas, Utah is one of twelve states that have a voluntary electronic filing program for all candidates;

Whereas, Utah already requires non-candidate committees to report the occupations of individuals who give over $50;
Whereas, the majority of states require that candidates disclose contributors occupations and employers;
Whereas, the Commission believes that requiring political committees to report the occupation and
employer of individuals who give more than $50 is important because, Without occupation and
employer reporting, it is much more difficult to enforce the disclosure laws and determine if certain
groups may be trying to influence the political process;
In order to bring greater transparency to the Utah electoral process, the Commission hereby recommends
that the Utah Code be amended to require that all state political committees, including candidate
committees, be required to exercise their best efforts to obtain, maintain, and report the name, address,
occupation, and employer of any individual who gives more than $50 in contributions or public service
assistance. A committee would be deemed to exercise its best efforts if: (1) all of the committees
solicitations include a clear and conspicuous request for the contributors name, address, occupation, and
employer; (2) the committee lacks the name, address, occupation, or employer for any contributor of over
$50, the committee makes at least one good-faith attempt to collect the missing information within 30
days of receiving the contribution or public service assistance.

Whereas, states that require electronic filing are better able to make campaign-finance reports immediately
accessible to the public in formats that are easily readable, searchable, sortable, and downloadable;
The Commission hereby recommends that all committees registered with the State of Utah, including all
candidates for state office, be required to electronically file campaign finance reports.

r APPROVED 17-1 (1 ABSENT) - JUNE 18, 2009 s

VOTING TO APPROVE
Acting Chair Kirk Jowers, Representative Rebecca Chavez-Houck, Randy Dryer, Yvette D. Donosso,
Dave Hansen, Meghan Holbrook, Bruce Hough, Senator Scott Jenkins, Dan Jones, Tom Love,
Frank Pignanelli, Dick Richards, Dee Rowland, Steve Starks, Ken Verdoia, LaVarr Webb, Doug Wright

VOTING AGAINST APPROVAL

Representative Craig Frank

r APPROVED 16-2 (1 ABSENT) - JUNE 18, 2009 s

VOTING TO APPROVE
Acting Chair Kirk Jowers, Representative Rebecca Chavez-Houck, Randy Dryer, Yvette D. Donosso,
Dave Hansen, Meghan Holbrook, Bruce Hough, Senator Scott Jenkins, Dan Jones, Tom Love,
Dick Richards, Dee Rowland, Steve Starks, Ken Verdoia, LaVarr Webb, Doug Wright

VOTING AGAINST APPROVAL

Representative Craig Frank, Frank Pignanelli

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

Recommendation for
Military Voting Reform
sponsored by acting chair kirk jowers

hereas Utah must endeavor to make voting readily accessible to the brave men and women who
protect our freedoms abroad;
Whereas, a respected 2009 study found that Utah was one of only 16 states that does not provide enough time
to vote for military personnel stationed overseas;
Whereas, Utahs overseas military voters now must request, receive, and submit absentee ballots through the
mail unless they are deployed in a hostile fire zone or other area where mail service is unreliable;

Recommendation for
Revolving Door Provision
sponsored by Commissioner Thomas M. Love

hereas, during the 2009 General Session, the Utah Legislature passed the Lobbying Restrictions
Act (the Act), which forbids certain elected officers from engaging in lobbying for one year after leaving
public office;
Whereas, the Act contains an exemption from the one-year lobbying ban if the former state official
engages in lobbying on behalf of a business with which he is associated, unless the primary activity of
the business is lobbying or governmental relations;

Whereas, Utah law requires overseas military voters who request, receive, and submit absentee ballots by mail to
request an absentee ballot no later than 20 days before an election, postmark their absentee ballots no later than the
day before the election, and ensure that their ballots are received by noon on the day of the official canvass period;

Whereas, questions have arisen as to how this exemption will be interpreted and applied;
The Commission hereby resolves to recommend that the Act be amended to eliminate the
abovementioned exemption and flatly prohibit State officials from engaging in all lobbying for
compensation for one calendar year after the State official leaves office.

Whereas, Utah currently provides overseas military mail voters only a 34-day period between when overseas
absentee ballots are sent out (as late as 20 days before an election) to when votes are counted (up to 14 days after
an election);

r APPROVED 10-5 (4 ABSENT) - OCTOBER 1, 2009 s

Whereas, Utahs overseas military mail voters need a minimum period of 52 days from when overseas absentee
ballots are sent out to when votes are counted because up to 26 days are needed for ballots to travel by mail;

VOTING TO APPROVE

Whereas, the Commission believes that distributing absentee ballots earlier would increase the number of
overseas military ballots counted;

Senator Scott McCoy, Dick Richards, Dee Rowland, Ken Verdoia, LaVarr Webb

Whereas, the Commission believes that voting in Utah would be more accessible for many overseas military
voters if all such voters could submit absentee ballot requests and receive blank absentee ballots electronically
(fax, email, or other electronic means).

Representative Craig Frank, Dave Hansen, Bruce Hough, Senator Scott Jenkins, Frank Pignanelli

Acting Chair Kirk Jowers, Representative Rebecca Chavez-Houck, Randy Dryer, Dan Jones, Tom Love,

VOTING AGAINST APPROVAL

In order to make Utahs voting system more accessible to overseas military voters, the Commission hereby
recommends that the Utah Code be amended to: (1) allow all overseas military voters to request absentee
ballots electronically; (2) move forward the deadline for voters to request absentee ballots and county clerks
to send absentee ballots from 20 days before an election to 31 days before an election; and (3) provide for the
electronic transmittal of blank absentee ballots to overseas military voters.

r APPROVED 12-0 (7 ABSENT) - JUNE 31, 2009 s

VOTING TO APPROVE
Acting Chair Kirk Jowers, Representative Rebecca Chavez-Houck, Randy Dryer, Meghan Holbrook, Senator
Scott Jenkins, Dan Jones, Tom Love, Dick Richards, Dee Rowland, Ken Verdoia, LaVarr Webb, Doug Wright

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

Recommendation for Elections, Lobbying,

& Campaign Finance Enforcement Commission
sponsored by COMMISSIONERS RANDY DRYER AND BRUCE HOUGH

hereas, the Lieutenant Governors Office is the State Office charged with administering Utahs elections,
campaign finance, and lobbying laws, and currently lacks specific enforcement procedure and authority,
adequate, staff and resources to monitor filings, audit compliance with applicable laws, and investigate and
adjudicate complaints from candidates and citizens;
Whereas, public confidence in the electoral system can be reinforced when the screening and disposition of
election, campaign finance, and lobbying complaints is done by an independent body;
The Governors Commission on Strengthening Utahs Democracy hereby resolves to recommend that the Utah
Legislature (1) establish within the Office of Lieutenant Governor an Elections & Lobbying Review Commission
(Commission) to enforce and review compliance with Utahs election, campaign finance and lobbying
requirements, and (2) increase funding to the Lieutenant Governors Office to enable it to provide (a) for the
immediate, electronic filing and disclosure of campaign finance and lobbying reports and (b) to provide the
Commission with adequate staff and legal assistance to perform its duties effectively and efficiently.
The Commission will be comprised of three retired judges, no more than one of whom may be registered
with the same political party and no more than one of whom may reside in the same county. Each member
of the Commission will serve for staggered six year terms, appointed by the Governor and subject to the
advice and consent of the Utah Senate.
Commission members are removable by the Governor for cause and by the Legislature through
impeachment proceedings. The Commission will investigate complaints received from candidates, legislators,
and the public. Any individual or group may file a complaint. The Commissions powers include the ability to
issue advisory opinions, subpoena documents and witnesses, and impose penalties.
The Lieutenant Governors Office shall provide staff and legal assistance as requested by the Commission
and provide administrative services to the Commission. It is contemplated the Lieutenant Governors Office
will promulgate rules and regulations governing the operation of the Commission but should generally
provide for the following:

COMPLAINTS AND INVESTIGATIONS

A complaint to be investigated by the Commission must (1) provide the full name, address, and telephone
number of the person filing the complaint; (2) be signed, sworn to, and notarized; (3) clearly recite the facts
that show specific violations under the Commissions jurisdiction; (4) clearly identify each person, committee
or group that is alleged to have committed a violation; and (5) include any documentation supporting the
allegations, if available. If the complaint is deficient, the complainant will be notified and given an opportunity
to correct the deficiency.

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The time frames set forth below would be applicable to complaints filed within 30 days of an election.
Complaints filed at other times would be processed under time frames allowing more time for response and
Commission action.
After a complaint is filed, a Commission staff member or attorney would be required to notify the
respondent(s) within two business days. The respondent(s) would then have three (3) business days after they
receive notice to explain in writing why the Commission should not take any action or investigate further. The
Commission may, in its discretion, allow an extra two (2) business days for a respondent to respond. The fact
that a complaint has been filed, as well as the Commissions investigative and resolution process would be
confidential until the matter is resolved.
Once a complaint and response are received, the Commission shall, by a majority vote, and as soon as possible,
but in no event longer than three (3) business days, place the matter on one or both of two tracks, depending
on the matters facts and circumstances: (1) the Administrative Fine Programa mechanically-applied civil
fine program for late disclosure reports or minor compliance violations; (2) the regular enforcement process,
reserved for matters that require additional legal and factual investigation. Cases that do not warrant action or
further investigation will be dismissed.
Cases in the regular enforcement process will be assigned to a staff member and/or attorney. For cases that are
assigned to an attorney, the attorney shall as soon as possible, but in no event longer than three (3) business
days, (unless the attorney/staff member is granted additional time by the Commission upon good cause
shown), report to the Commission and recommend whether there is reason to believe the respondent has
committed or is about to commit a violation of the law. The Commission then takes an initial vote regarding
whether there is reason to believe. The Commission will take one of three actions.
Find reason to believe that a violation occurred and continue investigation.
Find no reason to believe that a violation occurred and dismiss the matter.
Dismiss the matter, but send an admonishment or caution letter.
The Commission will make all final actions and all accompanying documentation available to the public
within a reasonable period of time, but no longer than 5 days after a final action is taken. A majority of the
Commission must vote to take any action. If the Commission votes to continue an investigation, the attorney
and/or Commission staff member will take the action he or she deems necessary to gather sufficient facts, and
will have the power to subpoena documents and witnesses, and conduct paper and field audits. The attorney
and/or Commission staff member will file a formal report and present it to the Commission. The report will
explain the factual and legal issues of the case and recommend whether the Commission should find there is
probable cause to believe a violation has occurred or is about to occur. The respondent is provided with a
copy of the report and given ten (10) days to file a written response. The respondent may request a Probable
Cause Hearing to present oral argument, witnesses or other evidence to the Commission at this time, which
hearing shall be conducted as soon as practicable.

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

After the Commission reviews the Commission attorney and/or staff members final report, the respondents
reply, and considers any other evidence, it votes on whether there is probable cause to believe that a legal
violation occurred. If a majority of the Commission votes to find probable cause, the Commission may then
determine and impose the appropriate fine amount or other sanction.
In addition, the Commission may recommend to the Lieutenant Governors Office to initiate an administrative
prosecution and a hearing before an administrative law judge and/or refer the matter to the Utah Attorney
General for civil and/or criminal prosecution.

r APPROVED 16-0 (3 ABSENT) - NOVEMBER 5, 2009 s

Recommendation for
Campaign Finance Reform
sponsored by acting chair kirk jowers

This recommendation endeavors to strike an appropriate balance between Utahns right to

speak and their right to representation. As a Commission, we must respect the First Amendment
and recognize that campaign contributions facilitate speech. But we must also realize that money
has a capacity to corrupt and to present the appearance of corruption. Our public discourse and civic
engagement will never be sufficiently robust if ordinary citizens feel that they are priced out of the
market. Meaningful, sensible reforms are needed in the area of campaign finance.

VOTING TO APPROVE
Acting Chair Kirk Jowers, Representative Rebecca Chavez-Houck, Randy Dryer, Representative
Craig Frank, Dave Hansen, Bruce Hough, Meghan Holbrook, Senator Scott Jenkins, Dan Jones,
Tom Love, Frank Pignanelli, Dick Richards, Dee Rowland, Ken Verdoia, LaVarr Webb, Doug Wright

I. CONTRIBUTION LIMITS (Indexed for inflation every two-year House election cycle)
A. Contributions by Individuals

$10,000 per two-year House election cycle for state-wide races

$5,000 per two-year House election cycle for legislative races
$40,000 per two-year House election cycle to parties
$10,000 per two-year House election cycle to PACs
$50 limit on cash contributions

B. Contributions by Corporations, Labor Organizations, and PACs

Same as individual limits
$50,000 aggregate limit to parties, labor organizations & PACs
Solicitation and administrative costs incurred for a corporation/union PAC do not
count against the corporations or unions contribution limit.
C. Major State Vendors
Major State Vendors Definition: Vendors bidding for or holding contracts of
$100,000 or more, including officers, directors, spouses, and those with a 10-per
cent-or-greater ownership interest.
$1,000 per two-year House election cycle to candidates for state-wide and
legislative offices
D.

No Earmarked Contributions or Contributions in the Name of Another

No contribution to a party or PAC may be earmarked for use in a candidates campaign.
No contribution may be given in the name of another.

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

II. CANDIDATE/OFFICEHOLDER RELATED ACCOUNTS

No elected official or candidate shall receive a contribution or payment which exceed the
contribution limits set forth above for any of the following purposes:

Legal defense funds

Inaugural and swearing-in committees
Convention and conference fundraising
Party administrative or housekeeping accounts
Officeholder accounts
Political party fundraising
Foundations or charities in which the candidate/office-holder has a significant connection
Candidate/office-holder controlled ballot initiatives

III. MANDATORY DISCLOSURES

Name and address for all contributions.
Name, occupation, address, and employer must be collected and reported for any
individual who contributes an aggregate of more than $200 in a calendar year.
Sub vendor information on all expenditures by candidates and PACs of $1,000 or more.

V. ELECTIONEERING ADS
A person or entity who pays for a communication totaling $25,000 or more that clearly
identifies a candidate and that is disseminated through broadcast, cable, or satellite provider
within 45 days of the clearly identified candidates election must file a report with the
Election and Lobbying Enforcement Commission disclosing (1) the name and street address
of the communications sponsor, (2) the names and addresses of all persons contributing
$100 or more to the sponsor for the purpose of airing the communication (3) the amount
spent on the communication (4) the name of the clearly referenced candidate; and (5) the
medium used to disseminate the communication. The report must be filed within 24 hours
of making the payment or promising to make the payment.

r APPROVED 16-0 (3 ABSENT) - NOVEMBER 5, 2009 s

VOTING TO APPROVE
Acting Chair Kirk Jowers, Representative Rebecca Chavez-Houck, Randy Dryer, Representative
Craig Frank, Dave Hansen, Bruce Hough, Meghan Holbrook, Senator Scott Jenkins, Dan Jones,
Tom Love, Frank Pignanelli, Dick Richards, Dee Rowland, Ken Verdoia, LaVarr Webb, Doug Wright

IV. REPORTING AND RECORDKEEPING

All candidates, corporations, labor unions and PACs must file reports electronically. The
state shall endeavor, as soon as financially feasible, to maintain the reports in a fully
searchable format for public access and to provide real-time access by the public to
a candidate committees recent filing updates.
A contribution of more than $1,000 received by a candidate or party must be
electronically reported by the candidate or party before the contribution may be deposited
and, if received within 7 days of an election, must be reported within 24 hours of receipt.
Corporations, parties, labor unions, PACs, and candidates will all have the same
reporting deadlines.
Contributions of $200 or less need not be reported individually, but may be aggregated.
Contributions must be deposited within 30 days of receipt.
Filers must provide a detailed explanation for any amended filing.
Late filers are automatically fined $300 for any late report, with the fine increasing by
$500 for each additional month that the report is late. Fines will be levied against
filing entities. But if the entity is unable to pay the fine, the fine will be levied against the
candidate or treasurer, as appropriate.

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

Recommendation for Making

Voter Registration Automatic & Portable
Sponsored by Commissioners Rebecca Chavez-Houk and Scott McCoy

hereas, the Commission agrees with the National Commission on Federal Election Reform in
W
2001, which concluded: The registration laws in force throughout the United States are among the worlds
most demanding [and are ] one reason why voter turnout in the United States is near the bottom of the
developed world;
Whereas, the Commission believes that Utahs voter registration regime should enhance voter access and
encourage all residents to vote;

AUTOMATIC AND PORTABLE REGISTRATION

Whereas, the National Voter Registration Act only requires states to make registration materials
available to citizens when they visit government offices, such as the Department of Motor Vehicles,
public assistance agencies, and military recruiting centers;
Whereas, under Utahs current voter registration system, eligible voters are not placed on electoral
rolls unless they first take the initiative to register and satisfy state-imposed requirements for voter
registration;
Whereas, Utahans change addresses frequently, and under Utahs current voter registration system,
state officials must expend substantial resources manually processing each voter registration form and
registration update;
Whereas, because the current registration system requires individuals to re-register each time they
move, citizens are less likely to vote if they move shortly before an election;

Whereas, the Help America Vote Act of 2002 requires Utah to maintain a state-level list of registered voters,
so no purpose is served by requiring voters to re-register every time they move residences within state lines;
Whereas, Utahs Lieutenant Governor can use information submitted to other government agencies,
including change of address forms submitted to the U.S. Postal Service, to automatically update voters
addresses to ensure that voters registrations are portable if they remain within the State of Utah;
The Commission hereby resolves to recommend that Utah residents will be deemed to register to vote
by completing a Utah State tax form, drivers license application, or social services form, provided said
forms gather that information necessary to meet existing voter registration laws and prominently indicate
that completion registers a person to vote. Utahns would register by completing these forms only if they
affirmatively indicate, by means of marking a provided opt-in box. These forms will inform Utah residents
of this automatic registration and allow them to refuse to register to vote. The Utah Lieutenant Governors
Office will utilize information submitted to other government entities so that if a voter updates his/her
registration information with another state government entity, the update is automatically shared and voter
rolls are updated.

r APPROVED 16-0 (3 ABSENT) - NOVEMBER 5, 2009 s

VOTING TO APPROVE
Acting Chair Kirk Jowers, Representative Rebecca Chavez-Houck, Randy Dryer, Representative
Craig Frank, Dave Hansen, Bruce Hough, Meghan Holbrook, Senator Scott Jenkins, Dan Jones,
Tom Love, Frank Pignanelli, Dick Richards, Dee Rowland, Ken Verdoia, LaVarr Webb, Doug Wright

Whereas, address changes account for at least 30 percent of all voter registration transactions and
needlessly increase election administrators workloads;
Whereas, so-called automatic registration would make voter registration simpler and more efficient
when a resident fills out a drivers license form, state income tax form, or other similar form;
Whereas, automatic and portable registration would allow the state to more easily update its voter
database, which would reduce errors on the voter rolls and opportunities for fraud;
Whereas, the National Voter Registration Act already requires Utah to allow a voter who moves to a new
address within the same county and congressional district to cast a regular ballot at his/her new polling place;

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

Recommendation for Improving

the Voter Registration Process

Whereas, several states registration deadlines are less than 15 days before Election Day, and nine states
currently allow same-day registration, giving residents the option to register at their designated polling
location prior to voting;

hereas, the Commission agrees with the National Commission on Federal Election Reform in
W
2001, which concluded: The registration laws in force throughout the United States are among the worlds

Whereas, states whose voter registration deadlines fall shortly before Election Day boast our nations
highest turnout and registration rates;

most demanding [and are ] one reason why voter turnout in the United States is near the bottom of the
developed world;

Whereas, in Idaho and Wyoming, two Election Day Registration states with populations and partisan
divisions similar to Utah, 61.4 percent and 64.3 percent of eligible citizens turned out to vote for the
2008 general election, compared with just 53.1 percent of eligible citizens in Utah;
Whereas, the five states with the highest voter turnout rates for the 2008 general election were all
Election Day Registration states;

sponsored by acting chair kirk jowers

Whereas, voter registration processes and requirements can impose a significant hurdle to voting;
Whereas, the Commission believes that Utahs voter registration regime should enhance voter access and
encourage all residents to vote;

ONLINE REGISTRATION AND REGISTRATION UPDATES

Whereas, scholarship shows that Election Day Registration can increase a states voter turnout by 9 to 14
percent;

Whereas, available technological advancements can make voter registration simpler and more efficient;
Whereas, counties across America increasingly allow citizens to register at least partially online;

Whereas, Election Day Registrations ability to make voting rolls more accurate, when coupled with
Utahs current poll-place identification requirements, would make fraudulent registration at the polls
under an assumed identity unlikely under an Election Day Registration system in Utah;

Whereas, Salt Lake County allows residents to submit registration information through an online
registration form for input and verification, which must then be downloaded, printed, and delivered
with an original signature to the county clerk before the registration is deemed complete;

Whereas, based on experiences in other states, Election Day Registration will not result in significant
additional costs for Utahs election administrators;

Whereas, the online-offline hybrid process used by Salt Lake County cuts down on clerical time needed
for data entry, reduces clerical errors, and protects against voter fraud;
Whereas, even if Utah implements an automatic registration system, procedures such as partial online
registration are still necessary to ensure that individuals who do not register or update information by
completing a state form can later still register and/or update registration information;
The Commission hereby resolves to recommend that all Utah residents should have the opportunity
to submit registration information through an online form, which will then be downloaded, printed,
and delivered with an original signature or delivered electronically via portable document format to a
county clerk.

Whereas, any additional administrative complexity caused by Election Day Registration can be
overcome by mimicking procedures established in states that have maintained Election Day Registration
arrangements for over 30 years;
Whereas, even if Utah adopts partial online registration, further measures are needed to ensure that
eligible voters whose names do not appear on the voter rolls on Election Day or whose information is not
up-to-date can correct the rolls and vote on the same day;
The Commission hereby resolves to recommend that the Utah Code be amended to repeal Utahs 30and 15-day registration requirements and allow Utah residents to register on Election Day immediately
before casting a regular ballot at their new designated polling place. Any voter who registers on Election
Day would be required to show proof of residency and complete a normal registration card, which
requires the voter to affirm his or her residency and eligibility to vote.

ELECTION DAY REGISTRATION

Whereas, Utah residents are currently required to register to vote at least 30 days before an election
with the county clerk if registering by mail, or at least 15 days before an election with the county clerk
if registering in person;
Whereas, election-related media attention and candidates outreach efforts peak after Utahs 30- and 15day registration deadlines, meaning that public interest reaches its highest intensity when citizens who are
unregistered can no longer choose to vote;

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r APPROVED 16-0 (3 ABSENT) - NOVEMBER 5, 2009 s

VOTING TO APPROVE
Acting Chair Kirk Jowers, Representative Rebecca Chavez-Houck, Randy Dryer, Representative
Craig Frank, Dave Hansen, Bruce Hough, Meghan Holbrook, Senator Scott Jenkins, Dan Jones,
Tom Love, Frank Pignanelli, Dick Richards, Dee Rowland, Ken Verdoia, LaVarr Webb, Doug Wright

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Governors Commission on
Strengthening Democracy

F INAL R EPORT

Acknowledgements

COMMISSION ATTORNEYS

The Governors Commission on Strengthening Utahs Democracy wishes to extend its appreciation
to its members, attorneys, staff, and all those who assisted the Commission with its work. The
Commission acknowledges and thanks Governors Jon Huntsman and Gary Herbert, and their staffs,for
their leadership in creating and supporting this endeavor. Together we have worked to create a
stronger, more vibrant Utah, with greater participation by Utahs citizens and more transparency and
accountability from Utahs elected officials.

Scott S. Bell Parsons Behle & Latimer

Stefan P. Brutsch Parsons Behle & Latimer
Melissa A. Clark Jones Waldo
David R. Hall Parsons Behle & Latimer
Douglas R. Larson Michael O. Leavitt Center for Politics & Public Service
Douglas Owens Holland & Hart

SPECIAL THANKS TO

COMMISSION MEMBERS
Chair (Vacant) - In Memoriam of Larry H. Miller
Kirk L. Jowers - Acting Chair
Representative Rebecca Chavez-Houck
Yvette D. Donosso
Randy Dryer
Representative Craig Frank
Dave Hansen
Meghan Holbrook
Bruce Hough
Senator Scott Jenkins
Dan Jones
Thomas M. Love
Senator Scott McCoy
Frank R. Pignanelli
Dick Richards
Dee Rowland
Steve Starks
Ken Verdoia
LaVarr Webb
Doug Wright

COMMISSION STAFF
Matthew T. Sanderson - Chief of Staff and General Counsel, Caplin & Drysdale
Taylor D. Morgan Senior Staff
Jordan Imani Hinckley Institute Intern
Hinckley Institute of Politics Staff

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American Civil Liberties Union of Utah

Lieutenant Governor Greg Bell
Chris Bleak, Utah House of Representatives
Capitol Preservation Board
Speaker David Clark
Constitution Party of Utah
The Exoro Group
Karen Hale, Salt Lake City Mayors Office
Professor Thad Hall, University of Utah
Hinckley Institute of Politics
Senator Sheldon Killpack
KUED Television
League of Women Voters of Utah
Libertarian Party of Utah
Love Communications
J. Willard Marriott Library
Michael O. Leavitt Center for Politics & Public Service
The Larry H. Miller Group of Companies
Professor J. Quin Monson, Brigham Young University
Woodland Publishing
Southern Utah University
Mark J. Thomas, Utah Lieutenant Governors Office
The Utah Coalition for Civic, Character, and Service Learning
Utah Democratic Party
Utah Republican Party
Utah Student Association
University of Utah
Utah Valley University
Governor Olene S. Walker
Weber State University
Weber State University Student Ethics Committee
Jason Yocum, Chief Deputy County Clerk, Salt Lake County

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www.strengthendemocracy.org