Utah Code 20A-11-1305. School board office candidate — Failure to file statement — Penalties
Current as of: 2024 | Check for updates
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(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.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 20A-11-1305
- Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
- Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
- Candidate: means any person who:(4)(a) files a declaration of candidacy for a public office; or(4)(b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Election: means each:
(13)(a) regular general election;(13)(b) regular primary election; and(13)(c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101- Election officer: means :
(23)(a) the lieutenant governor, for all statewide ballots and elections;(23)(b) the county clerk for:(23)(b)(i) a county ballot and election; and(23)(b)(ii) a ballot and election as a provider election officer as provided in SectionUtah Code 20A-1-102 - Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention Elections. See Utah Code 20A-11-101
- Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-11-101
- Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
- School board office: means the office of state school board. See Utah Code 20A-11-101
- Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
- Voter: means an individual who:
(79)(a) meets the requirements for voting in an election;(79)(b) meets the requirements of election registration;(79)(c) is registered to vote; and(79)(d) is listed in the official register book. See Utah Code 20A-1-102(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:(2)(a) that the school board office candidate failed to timely file the report; and(2)(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)(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.(3)(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:(4)(a) notify every opposing candidate for the school board office that the school board office candidate is disqualified;(4)(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;(4)(c) post notice of the disqualification on the election officer’s website; and(4)(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:(6)(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;(6)(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(6)(c) the omissions, errors, or inaccuracies described in Subsection (6)(b) are corrected in an amended report or the next scheduled report.(7)(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:(7)(a)(i) each school board office candidate who is required to file a summary report has filed the report; and(7)(a)(ii) each summary report contains the information required by this part.(7)(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.(7)(c)(7)(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.(7)(c)(ii) Each school board office candidate who violates Subsection (7)(c)(i) is guilty of a class B misdemeanor.(7)(c)(iii) The lieutenant governor shall report all violations of Subsection (7)(c)(i) to the attorney general.(7)(c)(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).