1. (1) A county office candidate, county officer, local school board candidate, or local school board member may not use money deposited into the separate bank account required under Section 17-70-403 for:

   1. (a) a personal use expenditure; or
   2. (b) an expenditure prohibited by law.

2. (2)

   1. (a) A county clerk shall enforce this section prohibiting a personal use expenditure by:

      1. (i) evaluating a financial statement to identify a personal use expenditure; and
      2. (ii) commencing an adjudicative proceeding in accordance with applicable county ordinance or policy if the county clerk has probable cause to believe a county office candidate, county officer, local school board candidate, or local school board member has made a personal use expenditure.

   2. (b) Following the adjudicative proceeding described in Subsection (2)(a)(ii), the county clerk may issue a signed order requiring a county office candidate, county officer, local school board candidate, or local school board member who has made a personal use expenditure to:

      1. (i) remit an administrative penalty of an amount equal to 50% of the personal use expenditure to the county clerk; and
      2. (ii) deposit the amount of the personal use expenditure in the campaign account from which the personal use expenditure was disbursed.
   3. (c) The county clerk shall deposit money received under Subsection (2)(b)(i) into the county's general fund.

Renumbered and Amended by Chapter 13, 2025 Special Session 1