20A-12-306. Judges -- Failure to file reports -- Penalties.

483 words·~2 min read·/ut/title-20a/chapter-12/20a-12-306

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)If a judge's personal campaign committee fails to file the interim report due before the regular general election, the lieutenant governor shall, after making a reasonable attempt to discover if the report was timely filed:

(i)inform the county clerk and other appropriate election officials who:

(I)shall, if practicable, remove the name of the judge from the ballots before the ballots are delivered to voters; or

(II)shall, if removing the judge's name from the ballot is not practicable, inform the voters by any practicable method that the judge has been disqualified and that votes cast for the judge will not be counted; and

(B)may not count any votes for that judge; and

(ii)impose a fine against the filing entity in accordance with Section 20A-11-1005 .

(b)Any judge who fails to file timely a financial statement required by this part is disqualified.

(c)Notwithstanding Subsections (1)(a) and (1)(b) , a judge is not disqualified and the lieutenant governor may not impose a fine if:

(i)the candidate timely files the reports required by this section in accordance with Section 20A-11-103 ;

(ii)the reports are completed, detailing accurately and completely the information required by this part except for inadvertent omissions or insignificant errors or inaccuracies; and

(iii)the omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are corrected in an amended report or in the next scheduled report.

(a)Within 30 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 judge 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 judge 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 calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the judge of the violation or written complaint and direct the judge to file a summary report correcting the problem.

(i)It is unlawful for a judge to fail to file or amend a summary report within 14 calendar days after the day on which the judge receives notice from the lieutenant governor under this section.

(ii)Each judge who violates Subsection (2)(c)(i) is guilty of a class B misdemeanor.

(iii)The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the attorney general.

Amended by Chapter 448 , 2025 General Session