Section 20A-11-305 - Legislative office candidate - Failure to file report - Penalties(1) A legislative 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 legislative office candidate fails to file an interim report described in Subsections 20A-11-303(2)(b) through (d), the lieutenant governor may send an electronic notice to the legislative office candidate and the political party of which the legislative office candidate is a member, if any, that states: (a) that the legislative office candidate failed to timely file the report; and(b) that, if the legislative office candidate fails to file the report within 24 hours after the deadline for filing the report, the legislative 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 legislative office candidate and inform the county clerk and other appropriate election officials that the legislative office candidate is disqualified if the legislative office candidate fails to file an interim report described in Subsections 20A-11-303(2)(b) through (d) within 24 hours after the deadline for filing the report.(b) The political party of a legislative office candidate who is disqualified under Subsection (3)(a) may not replace the legislative office candidate.(4) If a legislative office candidate is disqualified under Subsection (3)(a), the election officer shall: (a) notify every opposing candidate for the legislative office that the legislative office candidate is disqualified;(b) send an email notification to each voter who is eligible to vote in the legislative office race for whom the election officer has an email address informing the voter that the legislative office candidate is disqualified and that votes cast for the legislative office candidate will not be counted;(c) post notice of the disqualification on the election officer's website; and(d) if practicable, remove the legislative 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 legislative office candidate is not disqualified if: (a) the legislative office candidate files the reports described in Subsections 20A-11-303(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.(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 legislative 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 legislative 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 legislative office candidate of the violation or written complaint and direct the legislative office candidate to file a summary report correcting the problem.(c)(i) It is unlawful for a legislative office candidate to fail to file or amend a summary report within seven days after receiving notice from the lieutenant governor described in this Subsection (7).(ii) Each legislative 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 legislative office candidate who violates Subsection (7)(c)(i).Amended by Chapter 45, 2023 General Session ,§ 22, eff. 5/3/2023.Amended by Chapter 20, 2021 General Session ,§ 10, eff. 3/5/2021.Amended by Chapter 31, 2020 General Session ,§ 116, eff. 5/12/2020.Amended by Chapter 22, 2020 General Session ,§ 17, eff. 5/12/2020.Amended by Chapter 16, 2016 General Session ,§ 9, eff. 3/17/2016.Amended by Chapter 204, 2015 General Session ,§ 4, eff. 5/12/2015.Amended by Chapter 420, 2013 General Session ,§ 5, eff. 5/14/2013.Amended by Chapter 317, 2013 General Session ,§ 13, eff. 5/14/2013.Amended by Chapter 252, 2013 General Session ,§ 2, eff. 5/14/2013.Amended by Chapter 170, 2013 General Session ,§ 8, eff. 5/14/2013.Amended by Chapter 396, 2011 General Session