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This entry was published on 2022-11-11
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SECTION 14-209
Enforcement and penalties for violations and other proceedings
Election (ELN) CHAPTER 17, ARTICLE 14, TITLE 2
§ 14-209. Enforcement and penalties for violations and other
proceedings. 1. Civil penalties. Violations of any provisions regarding
public campaign financing stated in this title or regulation promulgated
pursuant to this title shall be subject to a civil penalty in an amount
not in excess of fifteen thousand dollars and such other lesser fines as
the PCFB may promulgate in regulation. Candidates may contest alleged
failures to file, late reports and reports with noticed deficiencies and
have an opportunity to be heard by the PCFB. The PCFB shall promulgate a
regulation setting forth a schedule of fines for such infractions
including those that it may assess directly on violators. The PCFB shall
investigate referrals and complaints. After investigation, it may
recommend dismissal, settlement, civil action, or referral to law
enforcement. The PCFB may assess penalties and it is authorized to
commence a civil action in court to enforce all penalties and recover
money due.

2. Notice of violation and opportunity to be heard. The PCFB shall:

(a) determine whether a violation of any provision of this title or
regulation promulgated hereunder has been committed;

(b) serve written notice upon each person or entity it has reason to
believe has committed a violation and such written notice shall describe
with particularity the nature of the alleged violation including a
written reference to a specific law or regulation alleged to have been
violated;

(c) provide such person or entity an opportunity to be heard pursuant
to the state administrative procedure act and any regulations of the
PCFB; and

(d) if appropriate, assess penalties for violations, following such
notice and opportunity to be heard.

3. Criminal conduct. Any person who knowingly and willfully furnishes
or submits false statements or information to the PCFB in connection
with its administration of this title shall be guilty of a misdemeanor
in addition to any other penalty as may be imposed under this chapter or
pursuant to any other law. The attorney general, upon referral from the
PCFB, shall have exclusive authority to prosecute any such criminal
violation. The PCFB shall seek to recover any public matching funds
obtained as a result of such criminal conduct.

4. Court proceedings. Proceedings as to public financing brought under
this title shall have preference over all other causes in all courts.

(a) The determination of eligibility pursuant to this title and any
question or issue relating to payments for campaign expenditures
pursuant to this title may be contested in a proceeding instituted in
the Supreme Court, Albany county by any aggrieved candidate.

(b) A proceeding with respect to such a determination of eligibility
or payment for qualified campaign expenditures pursuant to this chapter
shall be instituted within fourteen days after such determination was
made. The PCFB shall be made a party to any such proceeding.

(c) Upon the PCFB's failure to receive the amount due from a
participating candidate or such candidate's authorized committee after
the issuance of written notice of such amount due, as required by this
title, the PCFB is authorized to institute a special proceeding or civil
action in Supreme Court, Albany county to obtain a judgment for any
amounts determined to be payable to the PCFB as a result of an
examination and audit made pursuant to this title or to obtain such
amounts directly from the candidate or authorized committee after a
hearing at the PCFB.

(d) The PCFB shall settle or, in its sole discretion, institute a
special proceeding or civil action in Supreme Court, Albany county to
obtain a judgment for civil penalties determined to be payable to the
PCFB pursuant to this title or to impose such penalty directly after a
hearing at the PCFB.