when filing for candidacy -- Public availability -- Enforcement. (1) As used in this section, "filing officer" means the official designated by a special district board under Subsection 17B-1-306(5)(a) to receive a declaration of candidacy. (2) (a) A filing officer shall, for each person seeking to become a candidate for an elective special district board 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 (2) (b). (b) A conflict of interest disclosure statement shall: (i) be divided into sections representing each item of information described in Subsections 20A-11-1604(6)(a) through (n); and (ii) immediately beneath each section, include a space for the candidate to provide a written response. (3) Except as provided in Subsection (4), a candidate for an office described in Subsection (2)(a) shall complete the conflict of interest disclosure statement and submit the statement to the filing officer at the time the candidate files a declaration of candidacy. (4) A candidate is not required to comply with Subsection (3) if the candidate: (a) currently holds the office for which the candidate seeks reelection; (b) already, that same year, filed a conflict of interest disclosure statement for the office described in Subsection (4)(a), in accordance with Section 67-16-16; and (c) at the time the candidate files a declaration of candidacy, indicates, in writing, that the conflict of interest disclosure statement described in Subsection (4)(b) is updated and accurate as of the date of filing the declaration of candidacy. (5) Except as provided in Subsection (4), a filing officer: (a) may not accept a declaration of candidacy from a candidate for an office described in Subsection (2)(a) until the filing officer receives a complete conflict of interest disclosure statement from the candidate; and (b) shall make a candidate's conflict of interest disclosure statement available for public inspection by posting an electronic copy of the statement on: (i) the special district's website; or (ii) if the special district does not have a website, the website of each county in which the special district is located. (6) A filing officer shall ensure that a candidate's conflict of interest disclosure statement remains posted on the website described in Subsection (5)(b) until: (a) the candidate resigns or is disqualified as a candidate; or (b) the day after the day of the official canvass for the general election. (7) (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. (b) In a civil action under Subsection (7)(a), the court may award costs and attorney fees to the prevailing party.
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