20A-11-1305 (Superseded 01/01/11) - School board office candidate -- Failure to file statement -- Name not printed on ballot -- Filling vacancy.
20A-11-1305 (Superseded 01/01/11). School board office candidate -- Failure to filestatement -- Name not printed on ballot -- Filling vacancy.
(1) (a) If a school board office candidate fails to file an interim report due before theregular primary election, on August 31, and before the regular general election, the chief electionofficer 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'sname before the ballots 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 forcandidate will not be counted; and
(iii) may not count any votes for that candidate.
(b) Any school board office candidate who fails to file timely a financial statementrequired by this part 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 school board office candidate is notdisqualified if:
(i) the candidate files the reports required by this section;
(ii) those reports are completed, detailing accurately and completely the informationrequired 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 thenext scheduled report.
(2) (a) Within 30 days after a deadline for the filing of a summary report by a candidatefor state school board, the lieutenant governor shall review each filed summary report to ensurethat:
(i) each state school board candidate that is required to file a summary report has filedone; 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 summaryreport required by law, if it appears that a filed summary report does not conform to the law, or ifthe lieutenant governor has received a written complaint alleging a violation of the law or thefalsity of any summary report, the lieutenant governor shall, within five days of discovery of aviolation or receipt of a written complaint, notify the state school board candidate of the violationor written complaint and direct the state school board candidate to file a summary reportcorrecting the problem.
(c) (i) It is unlawful for any state school board candidate to fail to file or amend asummary report within 14 days after receiving notice from the lieutenant governor under thissection.
(ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of aclass B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to theattorney general.
(3) (a) Within 30 days after a deadline for the filing of a summary report, the countyclerk 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 summaryreport required by law, if it appears that a filed summary report does not conform to the law, or ifthe county clerk has received a written complaint alleging a violation of the law or the falsity ofany summary report, the county clerk shall, within five days of discovery of a violation or receiptof a written complaint, notify the local school board candidate of the violation or writtencomplaint and direct the local school board candidate to file a summary report correcting theproblem.
(c) (i) It is unlawful for any local school board candidate to fail to file or amend asummary 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 aclass B misdemeanor.
(iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district orcounty attorney.
Amended by Chapter 14, 2008 General Session