§ 14-126 — Violations; penalties

§ 14-126. Violations; penalties. 1. (a) Any person who fails to file a\nstatement required to be filed by this article shall be subject to a\ncivil penalty, not in excess of one thousand dollars, to be recoverable\nin a special proceeding or civil action to be brought by the chief\nenforcement counsel pursuant to section 16-114 of this chapter. Any\nperson who, three or more times within a given election cycle for such\nterm of office, fails to file a statement or statements required to be\nfiled by this article, shall be subject to a civil penalty, not in\nexcess of ten thousand dollars, to be recoverable as provided for in\nthis subdivision.\n (b) All payments received by the state board of elections pursuant to\nthis section shall be retained in the appropriate accounts as designated\nby the division of the budget for enforcement activities by the board of\nelections.\n 2. Any person who, acting as or on behalf of a candidate or political\ncommittee, under circumstances evincing an intent to violate such law,\nunlawfully accepts a contribution in excess of a contribution limitation\nestablished in this article, shall be required to refund such excess\namount and shall be subject to a civil penalty equal to the excess\namount plus a fine of up to ten thousand dollars, to be recoverable in a\nspecial proceeding or civil action to be brought by the state board of\nelections chief enforcement counsel.\n 3. Any person who falsely identifies or knowingly fails to identify\nany independent expenditure as required by subdivision two of section\n14-107 of this article or any political communication as required in\nsection 14-106 of this article shall be subject to a civil penalty up to\none thousand dollars or up to the cost of the communication, whichever\nis greater, in a special proceeding or civil action brought by the state\nboard of elections chief enforcement counsel pursuant to paragraph (a)\nof subdivision five of section 3-104 of this chapter. For purposes of\nthis subdivision, the term "person" shall mean a person, group of\npersons, corporation, unincorporated business entity, labor organization\nor business, trade or professional association or organization or\npolitical committee.\n 3-a. Any person who, acting as or on behalf of an independent\nexpenditure committee or a political action committee, knowingly and\nwillfully violates the provisions of section 14-107-a of this article\nshall be subject to a civil penalty, up to one thousand dollars or up to\nthe cost of the communication, whichever is greater, to be recoverable\nin a special proceeding or civil action to be brought by the state board\nof elections.\n 4. Any person who knowingly and willfully fails to file a statement\nrequired to be filed by this article within ten days after the date\nprovided for filing such statement or any person who knowingly and\nwillfully violates any other provision of this article shall be guilty\nof a misdemeanor.\n 5. Any person who knowingly and willfully contributes, accepts or aids\nor participates in the acceptance of a contribution in an amount\nexceeding an applicable maximum specified in this article shall be\nguilty of a class A misdemeanor.\n 6. Any person who shall, acting on behalf of a candidate or political\ncommittee, knowingly and willfully solicit, organize or coordinate the\nformation of activities of one or more unauthorized committees, make\nexpenditures in connection with the nomination for election or election\nof any candidate, or solicit any person to make any such expenditures,\nfor the purpose of evading the contribution limitations of this article,\nshall be guilty of a class E felony.\n 7. Any online platform that fails to comply with the requirements of\nsection 14-107-b of this article shall be subject to a civil penalty up\nto one thousand dollars for each violation in a special proceeding or\ncivil action brought by the state board of elections chief enforcement\ncounsel pursuant to paragraph (a) of subdivision five of section 3-104\nof this chapter.\n