20A-11-1305. School board office candidate -- Failure to file statement -- Name not
printed on ballot -- Filling vacancy.
(1) (a) If a school board office candidate fails to file an interim report due before the
regular primary election, on August 31, and before the regular general election, the chief election
officer 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
candidate 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 statement
required by this part 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 if:
(i) the candidate files the reports required by this section;
(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 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.
Amended by Chapter 14, 2008 General Session
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Last revised: Thursday, May 28, 2009