Title 20A Election Code Chapter 11 Campaign and Financial Reporting Requirements Section 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, on August 31, 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
Section 20A-11-204 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 no later than the due date;
(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 202, 2009 General Session
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