2.05.060 Unlawful Acts Designated - Violation - Penalty.
(1) It is unlawful for any candidate for the offices of Mayor or Councilor to take the oath of office or enter upon the duties of the office if the candidate, including any agent of the candidate that is a reporting entity, has failed to file a campaign finance statement required by this Chapter, or has filed statements that are not complete upon their face or do not show compliance with the provisions of this Chapter. No person shall be issued a certificate of election who is not currently in compliance with the requirements of this Chapter regarding campaign finance statements.
(2) It shall be a Class B misdemeanor punishable as provided by Section 1.03.010, Provo City Code, or its successor, for any person to fail to file any report specified in this Chapter or to knowingly or willfully falsify or omit any information required by any of the provisions of this Chapter.
(3) If a candidate fails to file a campaign finance statement required under Section 2.05.040(2), Provo City Code, by the deadline for doing so, the candidate shall be disqualified and the City Recorder shall proceed as provided in Section 10-3-208(8)(a), Utah Code, as amended.
(4) If a candidate timely files a campaign finance statement, but it appears that the campaign finance statement does not conform to the requirements of this Chapter or if the City Recorder has received a written complaint alleging a violation of this Chapter or the falsity of any campaign finance statement, the City Recorder shall, within five (5) days of discovery of a violation or receipt of a written complaint, notify the candidate of the violation or written complaint and direct the candidate to file an amended report correcting the problem.
(5) It is unlawful for any candidate to fail to file an amended report within five (5) days after receiving notice from the City Recorder under Subsection (4) of this Section. Each candidate who violates this Subsection (5) is guilty of a Class B misdemeanor and the City Recorder shall inform the appropriate election official that the candidate has been disqualified. The appropriate election official:
(a) Shall:
(i) If practicable, remove the candidate’s name from the ballot by blacking out the candidate’s name before the ballots are delivered to voters; or
(ii) If removing the candidate’s name from the ballot is not practicable, inform the voters by any practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted; and
(b) May not count any votes for that candidate.