2011 Utah Code
Title 20A Election Code
Chapter 11 Campaign and Financial Reporting Requirements
Section 1305 School board office candidate -- Failure to file statement -- Penalties.

20A-11-1305. School board office candidate -- Failure to file statement -- Penalties.
(1) (a) If a school board office candidate fails to file an interim report due before the regular primary election, on August 31, or before the regular general election, the chief election officer shall, after making a reasonable attempt to discover if the report was timely filed:
(i) inform the county clerk and other appropriate election officials who:
(A) (I) shall, if practicable, remove the name of the candidate from the ballots 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 candidate will not be counted; and
(B) may not count any votes for that candidate; and
(ii) impose a fine against the filing entity in accordance with Section 20A-11-1005.
(b) Any school board office candidate who fails to file timely a financial statement required by Subsection 20A-11-1303(1)(b), (c), or (d) 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 school board office candidate is not disqualified and the chief election officer may not impose a fine if:
(i) the candidate timely files the reports required by this section in accordance with Section 20A-11-103;
(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 described in Subsection (1)(c)(ii) are corrected in:
(A) an amended report; or
(B) the next scheduled report.
(2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate for state school board, the lieutenant governor shall review each filed summary report to ensure that:
(i) each state school board 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 school board 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 school board candidate of the violation or written complaint and direct the state school board candidate to file a summary report correcting the problem.
(c) (i) It is unlawful for any state school board 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 school board 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.

(3) (a) Within 30 days after a deadline for the filing of a summary report, the county clerk shall review each filed summary report to ensure that:
(i) each local school board 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 local school board 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 county clerk has received a written complaint alleging a violation of the law or the falsity of any summary report, the county clerk shall, within five days of discovery of a violation or receipt of a written complaint, notify the local school board candidate of the violation or written complaint and direct the local school board candidate to file a summary report correcting the problem.
(c) (i) It is unlawful for any local school board candidate to fail to file or amend a summary report within 14 days after receiving notice from the county clerk under this section.
(ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a class B misdemeanor.
(iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or county attorney.