Legislation
SECTION 14-126
Violations; penalties
Election (ELN) CHAPTER 17, ARTICLE 14, TITLE 1
§ 14-126. Violations; penalties. 1. (a) Any person who fails to file a
statement required to be filed by this article shall be subject to a
civil penalty, not in excess of one thousand dollars, to be recoverable
in a special proceeding or civil action to be brought by the chief
enforcement counsel pursuant to section 16-114 of this chapter. Any
person who, three or more times within a given election cycle for such
term of office, fails to file a statement or statements required to be
filed by this article, shall be subject to a civil penalty, not in
excess of ten thousand dollars, to be recoverable as provided for in
this subdivision.
(b) All payments received by the state board of elections pursuant to
this section shall be retained in the appropriate accounts as designated
by the division of the budget for enforcement activities by the board of
elections.
2. Any person who, acting as or on behalf of a candidate or political
committee, under circumstances evincing an intent to violate such law,
unlawfully accepts a contribution in excess of a contribution limitation
established in this article, shall be required to refund such excess
amount and shall be subject to a civil penalty equal to the excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special proceeding or civil action to be brought by the state board of
elections chief enforcement counsel.
3. Any person who falsely identifies or knowingly fails to identify
any independent expenditure as required by subdivision two of section
14-107 of this article or any political communication as required in
section 14-106 of this article shall be subject to a civil penalty up to
one thousand dollars or up to the cost of the communication, whichever
is greater, in a special proceeding or civil action brought by the state
board of elections chief enforcement counsel pursuant to paragraph (a)
of subdivision five of section 3-104 of this chapter. For purposes of
this subdivision, the term "person" shall mean a person, group of
persons, corporation, unincorporated business entity, labor organization
or business, trade or professional association or organization or
political committee.
3-a. Any person who, acting as or on behalf of an independent
expenditure committee or a political action committee, knowingly and
willfully violates the provisions of section 14-107-a of this article
shall be subject to a civil penalty, up to one thousand dollars or up to
the cost of the communication, whichever is greater, to be recoverable
in a special proceeding or civil action to be brought by the state board
of elections.
4. Any person who knowingly and willfully fails to file a statement
required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and
willfully violates any other provision of this article shall be guilty
of a misdemeanor.
5. Any person who knowingly and willfully contributes, accepts or aids
or participates in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be
guilty of a class A misdemeanor.
6. Any person who shall, acting on behalf of a candidate or political
committee, knowingly and willfully solicit, organize or coordinate the
formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or election
of any candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
7. Any online platform that fails to comply with the requirements of
section 14-107-b of this article shall be subject to a civil penalty up
to one thousand dollars for each violation in a special proceeding or
civil action brought by the state board of elections chief enforcement
counsel pursuant to paragraph (a) of subdivision five of section 3-104
of this chapter.
statement required to be filed by this article shall be subject to a
civil penalty, not in excess of one thousand dollars, to be recoverable
in a special proceeding or civil action to be brought by the chief
enforcement counsel pursuant to section 16-114 of this chapter. Any
person who, three or more times within a given election cycle for such
term of office, fails to file a statement or statements required to be
filed by this article, shall be subject to a civil penalty, not in
excess of ten thousand dollars, to be recoverable as provided for in
this subdivision.
(b) All payments received by the state board of elections pursuant to
this section shall be retained in the appropriate accounts as designated
by the division of the budget for enforcement activities by the board of
elections.
2. Any person who, acting as or on behalf of a candidate or political
committee, under circumstances evincing an intent to violate such law,
unlawfully accepts a contribution in excess of a contribution limitation
established in this article, shall be required to refund such excess
amount and shall be subject to a civil penalty equal to the excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special proceeding or civil action to be brought by the state board of
elections chief enforcement counsel.
3. Any person who falsely identifies or knowingly fails to identify
any independent expenditure as required by subdivision two of section
14-107 of this article or any political communication as required in
section 14-106 of this article shall be subject to a civil penalty up to
one thousand dollars or up to the cost of the communication, whichever
is greater, in a special proceeding or civil action brought by the state
board of elections chief enforcement counsel pursuant to paragraph (a)
of subdivision five of section 3-104 of this chapter. For purposes of
this subdivision, the term "person" shall mean a person, group of
persons, corporation, unincorporated business entity, labor organization
or business, trade or professional association or organization or
political committee.
3-a. Any person who, acting as or on behalf of an independent
expenditure committee or a political action committee, knowingly and
willfully violates the provisions of section 14-107-a of this article
shall be subject to a civil penalty, up to one thousand dollars or up to
the cost of the communication, whichever is greater, to be recoverable
in a special proceeding or civil action to be brought by the state board
of elections.
4. Any person who knowingly and willfully fails to file a statement
required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and
willfully violates any other provision of this article shall be guilty
of a misdemeanor.
5. Any person who knowingly and willfully contributes, accepts or aids
or participates in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be
guilty of a class A misdemeanor.
6. Any person who shall, acting on behalf of a candidate or political
committee, knowingly and willfully solicit, organize or coordinate the
formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or election
of any candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
7. Any online platform that fails to comply with the requirements of
section 14-107-b of this article shall be subject to a civil penalty up
to one thousand dollars for each violation in a special proceeding or
civil action brought by the state board of elections chief enforcement
counsel pursuant to paragraph (a) of subdivision five of section 3-104
of this chapter.