20A-11-305 (Effective 01/01/11) - Legislative office candidate -- Failure to file report -- Penalties.
20A-11-305 (Effective 01/01/11). Legislative office candidate -- Failure to file report-- Penalties.
(1) (a) If a legislative office candidate fails to file an interim report due before the regularprimary election, on August 31, or before the regular general election, the lieutenant governorshall, 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 theballots are delivered to voters; or
(II) shall, if removing the candidate's name from the ballot is not practicable, inform thevoters by any practicable method that the candidate has been disqualified and that votes cast forthe 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 legislative office candidate who fails to file timely a financial statement requiredby Section 20A-11-303 is disqualified and the vacancy on the ballot may be filled as provided inSection 20A-1-501.
(c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is notdisqualified and the lieutenant governor may not impose a fine if:
(i) the candidate timely files the reports required by this section no later than the due datein accordance with Section 20A-11-103;
(ii) the reports are completed, detailing accurately and completely the informationrequired by this part except for inadvertent omissions or insignificant errors or inaccuracies; and
(iii) the omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are correctedin:
(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, the lieutenantgovernor shall review each filed summary report to ensure that:
(i) each legislative 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 legislative office candidate has failed to file the summary reportrequired by law, if it appears that a filed summary report does not conform to the law, or if thelieutenant governor has received a written complaint alleging a violation of the law or the falsityof any summary report, the lieutenant governor shall, within five days of discovery of a violationor receipt of a written complaint, notify the legislative office candidate of the violation or writtencomplaint and direct the legislative office candidate to file a summary report correcting theproblem.
(c) (i) It is unlawful for any legislative office candidate to fail to file or amend a summaryreport within 14 days after receiving notice from the lieutenant governor under this section.
(ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a classB misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to theattorney general.
Amended by Chapter 389, 2010 General Session