2006 Utah Code - 20A-11-206 — State office candidate -- Failure to file reports -- Penalties.

     20A-11-206.   State office candidate -- Failure to file reports -- Penalties.
     (1) (a) If a state office candidate fails to file an interim report due before the regular primary election, September 15, or before the regular general election, the lieutenant governor shall, after making a reasonable attempt to discover if the report was timely mailed, inform the county clerk and other appropriate election officials who:
     (i) shall, if practicable, remove the name of the candidate by blacking out the candidate's name before the ballots are delivered to voters; or
     (ii) shall, if removing the candidate's name from the ballot is not practicable, inform the voters by any practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted; and
     (iii) may not count any votes for that candidate.
     (b) Any state office candidate who fails to file timely a financial statement required by this part is disqualified and the vacancy on the ballot may be filled as provided in Section 20A-1-501.
     (c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not disqualified if:
     (i) the candidate files the reports required by this section;
     (ii) those reports are completed, detailing accurately and completely the information required by this part except for inadvertent omissions or insignificant errors or inaccuracies; and
     (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.
     (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant governor shall review each filed summary report to ensure that:
     (i) each state office candidate that is required to file a summary report has filed one; and
     (ii) each summary report contains the information required by this part.
     (b) If it appears that any state office candidate has failed to file the summary report required by law, if it appears that a filed summary report does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any summary report, the lieutenant governor shall, within five days of discovery of a violation or receipt of a written complaint, notify the state office candidate of the violation or written complaint and direct the state office candidate to file a summary report correcting the problem.
     (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary report within 14 days after receiving notice from the lieutenant governor under this section.
     (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B misdemeanor.
     (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the attorney general.

Amended by Chapter 93, 1999 General Session