20A-11-206 (Superseded 01/01/11) - State office candidate -- Failure to file reports -- Penalties.
20A-11-206 (Superseded 01/01/11). State office candidate -- Failure to file reports --Penalties.
(1) (a) If a state 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 mailed, inform thecounty 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 forthe 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 bySection 20A-11-204 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 state office candidate is notdisqualified if:
(i) the candidate files the reports required by this section no later than the due date;
(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, the lieutenantgovernor 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 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 state office candidate of the violation or writtencomplaint 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 summaryreport 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 Bmisdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to theattorney general.
Amended by Chapter 202, 2009 General Session