1     
CANDIDATE FINANCIAL DISCLOSURE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad King

5     
Senate Sponsor: ____________

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 [(iv)] (iii), the lieutenant governor shall, after making a
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 [(iv)] (iii), the lieutenant governor shall, after
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          [(2)] (3) If a filing entity is unable to pay the fine or files an affidavit of impecuniosity
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          [(3)] (4) The chief election officer shall deposit fines collected under this chapter in the
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 [(iv)] (iii), the chief election officer shall, after
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)[,] or (iii)[, or (iv)] is disqualified.
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