20A-11-206. State office candidate -- Failure to file reports -- Penalties.

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Effective 5/7/2025

(1)A state office candidate who fails to file a financial statement before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005 .

(2)If a state office candidate fails to file an interim report described in Subsections 20A-11-204(2)(b) through

(d), the lieutenant governor may send an electronic notice to the state office candidate and the political party of which the state office candidate is a member, if any, that states:

(a)that the state office candidate failed to timely file the report; and

(b)that, if the state office candidate fails to file the report within 24 hours after the deadline for filing the report, the state office candidate will be disqualified and the political party will not be permitted to replace the candidate.

(a)The lieutenant governor shall disqualify a state office candidate and inform the county clerk and other appropriate election officials that the state office candidate is disqualified if the state office candidate fails to file an interim report described in Subsections 20A-11-204(2)(b) through

(d)within 24 hours after the deadline for filing the report.

(b)The political party of a state office candidate who is disqualified under Subsection (3)(a) may not replace the state office candidate.

(4)If a state office candidate is disqualified under Subsection (3)(a) , the election officer shall:

(a)notify every opposing candidate for the state office that the state office candidate is disqualified;

(b)send an email notification to each voter who is eligible to vote in the state office race for whom the lieutenant governor has an email address informing the voter that the state office candidate is disqualified and that votes cast for the state office candidate will not be counted;

(c)post notice of the disqualification on the lieutenant governor's website; and

(d)if practicable, remove the state 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 lieutenant governor's website to inform the voter whether a candidate on the ballot is disqualified.

(6)A state office candidate is not disqualified if:

(a)the state office candidate timely files the reports described in Subsections 20A-11-204(2)(b) through

(d)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.

(a)Within 60 calendar 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 state office 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 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, no later than the first business day that is at least five days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the state office candidate of the violation or written complaint and direct the state office candidate to file a summary report correcting the problem.

(i)It is unlawful for a state office candidate to fail to file or amend a summary report within seven calendar days after receiving notice from the lieutenant governor described in this Subsection

(7).

(ii)Each state 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 state office candidate who violates Subsection (7)(c)(i) .

Amended by Chapter 448 , 2025 General Session