2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends candidate financial disclosure penalty provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends penalties for failure of a candidate to timely file certain financial disclosure
13 reports.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 20A-11-206, as last amended by Laws of Utah 2015, Chapter 204
21 20A-11-305, as last amended by Laws of Utah 2015, Chapter 204
22 20A-11-1005, as last amended by Laws of Utah 2013, Chapter 252
23 20A-11-1305, as last amended by Laws of Utah 2015, Chapter 204
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 20A-11-206 is amended to read:
27 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
28 (1) (a) A state office candidate who fails to file a financial statement by the deadline is
29 subject to a fine imposed in accordance with Section 20A-11-1005.
30 (b) If a state office candidate fails to file an interim report described in Subsections
31 20A-11-204(1)(b)(ii) through [
32 reasonable attempt to discover if the report was timely filed, inform the county clerk and other
33 appropriate election officials that the state office candidate is disqualified.
34 (c) (i) The vacancy on the ballot resulting from the disqualification may be filled as
35 provided in Section 20A-1-501.
36 (ii) If a state office candidate is disqualified under Subsection (1)(a), the election
37 official shall:
38 (A) remove the candidate's name from the ballot; or
39 (B) if removing the candidate's name from the ballot is not practicable, inform the
40 voters by any practicable method that the candidate has been disqualified and that votes cast for
41 the candidate will not be counted.
42 (iii) An election official may fulfill the requirement described in Subsection
43 (1)(c)(ii)(B) in relation to an absentee voter, including a military or overseas absentee voter, by
44 including with the absentee ballot a written notice directing the voter to a public website that
45 will inform the voter whether a candidate on the ballot is disqualified.
46 (d) Notwithstanding Subsections (1)(b) and (1)(c), a state office candidate is not
47 disqualified if:
48 (i) the candidate timely files the reports required by this section no later than the due
49 date in accordance with Section 20A-11-103;
50 (ii) the reports are completed, detailing accurately and completely the information
51 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
52 and
53 (iii) the omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
54 corrected in:
55 (A) an amended report; or
56 (B) the next scheduled report.
57 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
58 governor shall review each filed summary report to ensure that:
59 (i) each state office candidate that is required to file a summary report has filed one;
60 and
61 (ii) each summary report contains the information required by this part.
62 (b) If it appears that any state office candidate has failed to file the summary report
63 required by law, if it appears that a filed summary report does not conform to the law, or if the
64 lieutenant governor has received a written complaint alleging a violation of the law or the
65 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
66 violation or receipt of a written complaint, notify the state office candidate of the violation or
67 written complaint and direct the state office candidate to file a summary report correcting the
68 problem.
69 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
70 report within seven days after receiving notice from the lieutenant governor under this section.
71 (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
72 misdemeanor.
73 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
74 attorney general.
75 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
76 governor shall impose a civil fine of $100 against a state office candidate who violates
77 Subsection (2)(c)(i).
78 Section 2. Section 20A-11-305 is amended to read:
79 20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
80 (1) (a) A legislative office candidate who fails to file a financial statement by the
81 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
82 (b) If a legislative office candidate fails to file an interim report described in
83 Subsections 20A-11-303(1)(b)(ii) through [
84 making a reasonable attempt to discover if the report was timely filed, inform the county clerk
85 and other appropriate election officials that the legislative office candidate is disqualified.
86 (c) (i) The vacancy on the ballot resulting from the disqualification may be filled as
87 provided in Section 20A-1-501.
88 (ii) If a legislative office candidate is disqualified under Subsection (1)(a), the election
89 officer shall:
90 (A) remove the candidate's name from the ballot; or
91 (B) if removing the candidate's name from the ballot is not practicable, inform the
92 voters by any practicable method that the candidate has been disqualified and that votes cast for
93 the candidate will not be counted.
94 (d) Notwithstanding Subsections (1)(b) and (1)(c), a legislative office candidate is not
95 disqualified if:
96 (i) the candidate timely files the reports required by this section no later than the due
97 date in accordance with Section 20A-11-103;
98 (ii) the reports are completed, detailing accurately and completely the information
99 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
100 and
101 (iii) the omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
102 corrected in:
103 (A) an amended report; or
104 (B) the next scheduled report.
105 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
106 governor shall review each filed summary report to ensure that:
107 (i) each legislative office candidate that is required to file a summary report has filed
108 one; and
109 (ii) each summary report contains the information required by this part.
110 (b) If it appears that any legislative office candidate has failed to file the summary
111 report required by law, if it appears that a filed summary report does not conform to the law, or
112 if the lieutenant governor has received a written complaint alleging a violation of the law or the
113 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
114 violation or receipt of a written complaint, notify the legislative office candidate of the
115 violation or written complaint and direct the legislative office candidate to file a summary
116 report correcting the problem.
117 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
118 summary report within seven days after receiving notice from the lieutenant governor under
119 this section.
120 (ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
121 class B misdemeanor.
122 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
123 attorney general.
124 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
125 governor shall impose a civil fine of $100 against a legislative office candidate who violates
126 Subsection (2)(c)(i).
127 Section 3. Section 20A-11-1005 is amended to read:
128 20A-11-1005. Fines for failing to file a financial statement.
129 (1) Except as provided in Subsection (2) or Subsections 20A-11-512(1)(b) and (4), the
130 chief election officer shall fine a filing entity $100 for failing to file a financial statement by the
131 filing deadline.
132 (2) The chief election officer shall fine a filing entity $500 for failing to file a financial
133 statement described in Subsection 20A-11-204(1)(b)(iv), 20A-11-303(1)(b)(iv), or
134 20A-11-1303(1)(b)(iv), by the filing deadline.
135 [
136 in a manner similar to Subsection 20A-9-201(5)(d), the chief election officer shall impose the
137 fine against the candidate or treasurer, as appropriate.
138 [
139 General Fund.
140 Section 4. Section 20A-11-1305 is amended to read:
141 20A-11-1305. School board office candidate -- Failure to file statement --
142 Penalties.
143 (1) (a) A school board office candidate who fails to file a financial statement by the
144 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
145 (b) If a school board office candidate fails to file an interim report described in
146 Subsections 20A-11-1303(1)(b)(ii) through [
147 making a reasonable attempt to discover if the report was timely filed, inform the county clerk
148 and other appropriate election officials who:
149 (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
150 the ballots are delivered to voters; or
151 (B) shall, if removing the candidate's name from the ballot is not practicable, inform
152 the voters by any practicable method that the candidate has been disqualified and that votes
153 cast for the candidate will not be counted; and
154 (ii) may not count any votes for that candidate.
155 (c) Any school board office candidate who fails to file timely a financial statement
156 required by Subsection 20A-11-1303(1)(b)(ii)[
157 (d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
158 not disqualified and the chief election officer may not impose a fine if:
159 (i) the candidate timely files the reports required by this section in accordance with
160 Section 20A-11-103;
161 (ii) those reports are completed, detailing accurately and completely the information
162 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
163 and
164 (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
165 corrected in:
166 (A) an amended report; or
167 (B) the next scheduled report.
168 (2) (a) Within 30 days after a deadline for the filing of a summary report by a school
169 board office candidate, the lieutenant governor shall review each filed summary report to
170 ensure that:
171 (i) each school board candidate that is required to file a summary report has filed one;
172 and
173 (ii) each summary report contains the information required by this part.
174 (b) If it appears that a school board candidate has failed to file the summary report
175 required by law, if it appears that a filed summary report does not conform to the law, or if the
176 lieutenant governor has received a written complaint alleging a violation of the law or the
177 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
178 violation or receipt of a written complaint, notify the school board candidate of the violation or
179 written complaint and direct the school board candidate to file a summary report correcting the
180 problem.
181 (c) (i) It is unlawful for a school board candidate to fail to file or amend a summary
182 report within seven days after receiving notice from the lieutenant governor under this section.
183 (ii) Each school board candidate who violates Subsection (2)(c)(i) is guilty of a class B
184 misdemeanor.
185 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
186 attorney general.
187 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
188 governor shall impose a civil fine of $100 against a school board candidate who violates
189 Subsection (2)(c)(i).
Legislative Review Note
Office of Legislative Research and General Counsel