§ 17-70-304 — Conflict of interest disclosure statement for county and local school board office -- Required when filing for candidacy -- Public availability -- Enforcement.

(1) (1)(a) A county clerk shall, for each person seeking to become a candidate for a county office or local school board office that is to be filled at the next general election, create, print, and provide the person with a copy of the conflict of interest disclosure statement described in Subsection (1)(b).
(1)(b) A conflict of interest disclosure statement shall:
(1)(b)(i) be divided into sections representing each item of information described in Subsections 20A-11-1604(6)(a) through (n); and
(1)(b)(ii) immediately beneath each section, include a space for the candidate to provide a written response.
(2) Except as provided in Subsection (3), a candidate for an office described in Subsection (1)(a) shall complete the conflict of interest disclosure statement and submit the statement to the county clerk at the time the candidate files a declaration of candidacy.
(3) A candidate is not required to comply with Subsection (2) if the candidate:
(3)(a) currently holds the office for which the candidate seeks reelection;
(3)(b) already, that same year, filed a conflict of interest disclosure statement for the office described in Subsection (3)(a), in accordance with:
(3)(b)(i) for a county office, Section 17-16a-13; or
(3)(b)(ii) for a local school board office, Section 67-16-16; and
(3)(c) at the time the candidate files a declaration of candidacy, indicates, in writing, that the conflict of interest disclosure statement described in Subsection (3)(b) is updated and accurate as of the date of filing the declaration of candidacy.
(4) Except as provided in Subsection (3), a county clerk:
(4)(a) may not accept a declaration of candidacy from a candidate for an office described in Subsection (1)(a) until the county clerk receives a complete conflict of interest disclosure statement from the candidate; and
(4)(b) shall make a candidate's conflict of interest disclosure statement available for public inspection by posting an electronic copy of the statement on the county's website.
(5) A county clerk shall ensure that a candidate's conflict of interest disclosure statement remains posted on the website described in Subsection (4)(b) until:
(5)(a) the candidate resigns or is disqualified as a candidate; or
(5)(b) the day after the day of the official canvass for the general election.
(6) (6)(a) A private party in interest may bring a civil action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of this section.
(6)(b) In a civil action under Subsection (6)(a), the court may award costs and attorney fees to the prevailing party.

Legislative History

Renumbered and Amended by Chapter 13, 2025 Special Session 1