2023 Utah Code › Title 20A - Election Code › Chapter 11 - Campaign and Financial Reporting Requirements › Part 13 - State School Board Candidates › Section 1305 - School board office candidate -- Failure to file statement -- Penalties.

Effective 5/3/2023
20A-11-1305.
School board office candidate -- Failure to file statement -- Penalties.
(1) A school board office candidate who fails to file a financial statement by the deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
(2) If a school board office candidate fails to file an interim report described in Subsections 20A-11-1303(1)(c)(i) through (iv), the lieutenant governor may send an electronic notice to the school board office candidate and the political party of which the school board office candidate is a member, if any, that states:
(a) that the school board office candidate failed to timely file the report; and
(b) that, if the school board office candidate fails to file the report within 24 hours after the deadline for filing the report, the school board office candidate will be disqualified and the political party will not be permitted to replace the candidate.
(3)
(a) The lieutenant governor shall disqualify a school board office candidate and inform the county clerk and other appropriate election officials that the school board office candidate is disqualified if the school board office candidate fails to file an interim report described in Subsections 20A-11-1303(1)(c)(i) through (iv) within 24 hours after the deadline for filing the report.
(b) The political party of a school board office candidate who is disqualified under Subsection (3)(a) may not replace the school board office candidate.
(4) If a school board office candidate is disqualified under Subsection (3)(a), the election officer shall:
(a) notify every opposing candidate for the school board office that the school board office candidate is disqualified;
(b) send an email notification to each voter who is eligible to vote in the school board office race for whom the election officer has an email address informing the voter that the school board office candidate is disqualified and that votes cast for the school board office candidate will not be counted;
(c) post notice of the disqualification on the election officer's website; and
(d) if practicable, remove the school board office candidate's name from the ballot.
(5) An election officer may fulfill the requirement described in Subsection (4) in relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a written notice directing the voter to the election officer's website to inform the voter whether a candidate on the ballot is disqualified.
(6) A school board office candidate is not disqualified if:
(a) the school board office candidate files the reports described in Subsections 20A-11-1303(1)(c)(i) through (iv) no later than 24 hours after the applicable deadlines for filing the reports;
(b) the reports are completed, detailing accurately and completely the information required by this part except for inadvertent omissions or insignificant errors or inaccuracies; and
(c) the omissions, errors, or inaccuracies described in Subsection (6)(b) are corrected in an amended report or the next scheduled report.
(7)
(a) Within 60 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 school board office candidate who is required to file a summary report has filed the report; and
(ii) each summary report contains the information required by this part.
(b) If it appears that a school board 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 school board office candidate of the violation or written complaint and direct the school board office candidate to file a summary report correcting the problem.
(c)
(i) It is unlawful for a school board office candidate to fail to file or amend a summary report within seven days after receiving the notice described in Subsection (7)(b) from the lieutenant governor.
(ii) Each school board office candidate who violates Subsection (7)(c)(i) is guilty of a class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (7)(c)(i) to the attorney general.
(iv) In addition to the criminal penalty described in Subsection (7)(c)(ii), the lieutenant governor shall impose a civil fine of $100 against a school board office candidate who violates Subsection (7)(c)(i).
Amended by Chapter 45, 2023 General Session