§ 2-10-110 — Penalties

(a) The registry of election finance may impose a civil penalty for a violation of this part as provided in this section. (1) "Class 1 offense" means the late filing of any report or statement required by this part. A Class 1 offense shall be punishable by a civil penalty of not more than twenty-five dollars ($25.00) per day up to a maximum of seven hundred fifty dollars ($750). (A) For local public offices, the county administrator of elections shall send by email, or first-class mail if email is unavailable, at the email address or mailing address provided by a candidate or committee, respectively, an assessment letter to any candidate or committee upon the administrator's discovery that a due report has not been filed. The administrator shall forward a copy of such notice to the registry of election finance. For state public offices, the registry of election finance shall have personally served upon, or send by return receipt requested mail, an assessment letter to any candidate or committee upon the registry or its appropriate staff discovering that a due report has not been filed. A civil penalty of twenty-five dollars ($25.00) per day begins to accrue five (5) days after personal service, the date of electronic delivery, or the date of the postmark if delivered by mail, as applicable, and continues to accrue until the report is filed or for thirty (30) days, whichever occurs first; provided, that no civil penalty shall be imposed by the registry of election finance if a candidate fails to list a contribution on a filed report but corrects the omission to the registry's satisfaction within ten (10) business days from the date on which the candidate is served process by, or receives notice from, the registry. This ten-day period shall not serve to stay the running of any time period or reduce any penalty established by this section. A candidate shall only be allowed to correct up to two (2) omissions in one (1) calendar year and the total of the omissions shall not exceed two thousand dollars ($2,000). Any omission corrected by the candidate prior to the registry's discovery of the omission shall not count against the limitation on correction of omissions. (B) For any Class 1 offense, the registry of election finance, through its appropriate staff, shall send an assessment letter to a candidate or committee in a form sufficient to advise the candidate or committee of the factual basis of the violation, the maximum penalty and the date a response to the letter must be filed. If a disclosure report is returned to a candidate or committee for correction, a copy of the original shall be retained on file until the corrected report is returned to the registry of election finance. If the original filing was in compliance with the intent of the law and minor errors are corrected within the date set for a response, no penalty shall be assessed. (C) To request a waiver, reduction, or to in any way contest a Class 1 penalty imposed by the registry of election finance, a candidate for a state or local public office shall file a petition with the registry of election finance. Such petition may be considered as a contested case proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (2) "Class 2 offense" means failing to file a report required by this part within thirty-five (35) days after service of process or receipt of notice by registered or certified mail, or in the case of local public offices, by email, of an assessment or any other violation of the requirements of this part. A Class 2 offense is punishable by a maximum civil penalty of not more than ten thousand dollars ($10,000) or fifteen percent (15%) of the amount in controversy, if fifteen percent (15%) of the amount in controversy is greater than ten thousand dollars ($10,000). (A) For state and local public offices, the registry of election finance may impose a civil penalty for any Class 2 offense; provided, that no penalty shall be imposed by the registry of election finance if a candidate fails to list a contribution on a filed report but corrects the omission to the registry's satisfaction within ten (10) business days from the date on which the candidate is served process by, or receives notice from, the registry. This ten-day period shall not serve to stay the running of any time period established by this section. A candidate shall only be allowed to correct up to two (2) omissions in one (1) calendar year and the total of the omissions shall not exceed two thousand dollars ($2,000). Any omission corrected by the candidate prior to the registry's discovery of the omission shall not count against the limitation on correction of omissions. (B) To request a waiver, reduction, or to in any way contest a Class 2 penalty imposed by the registry of election finance, a candidate for a state or local public office shall file a petition with the registry of election finance. Such petition may be considered as a contested case proceeding under the Uniform Administrative Procedures Act. In a contested case proceeding, the candidate or political campaign committee bears the burden of proof to establish that the candidate or committee's conduct, or submitted reports, complied with this part. (C) "Amount in controversy" means, as appropriate to the case, the greater of the total expenditures or total contributions, either of which or both of which are shown on a late report subsequently filed, or the amount of an expenditure or contribution that was not reported or was incorrectly reported. (b) Penalties imposed under this part shall be deposited into the state general fund. (c) (1) The registry of election finance shall maintain a register of all civil penalties imposed under this part and remaining unpaid. (2) If a civil penalty lawfully assessed and any lawfully assessed cost attendant to the penalty are not paid within thirty (30) days after the assessment becomes final, or by the qualifying deadline for election, whichever is earlier, the candidate owing such civil penalty shall be ineligible to qualify for election to any state or local public office until such penalty and costs are paid. (3) If a civil penalty authorized by this section is imposed, it shall be considered as a personal judgment against the candidate. (d) A candidate for state or local public office who fails to file any statement or report required by this part shall be ineligible to qualify for election to any state or local public office until such statement or report is filed with either the registry or the appropriate county election commission, or both. (e) It is the intent of the general assembly that the sanctions provided in this section shall be the civil penalties enacted into law by Acts 1989, ch. 585. (f) (1) (A) For any civil penalty levied by the registry against a multicandidate political campaign committee under this section or § 2-10-308 , any person who directly controlled expenditures is personally liable for the penalty. (B) Notwithstanding subdivision (f)(1)(A), for any civil penalty authorized by this section or § 2-10-308 and levied against a multicandidate political campaign committee that named or certified one (1) or more candidates as a treasurer or officer at the time an offense occurred, or was constructively controlled or directed by one (1) or more candidates in the commission of an offense, the candidate, or candidates, and any person who directly controlled expenditures for the committee are personally liable for the penalty. (C) Any civil penalty for a Class 2 offense must not be paid using funds from a multicandidate political campaign committee. (2) If a civil penalty lawfully assessed and any lawfully assessed cost attendant to the penalty are not paid within thirty (30) days after the assessment becomes final, the multicandidate political campaign committee owing the civil penalty shall be prohibited from receiving contributions; making expenditures to support or oppose candidates; or making expenditures to other multicandidate political campaign committees; and the treasurer and officers of such delinquent multicandidate political campaign committee shall be prohibited from creating another multicandidate political campaign committee or serving as a treasurer or an officer for another multicandidate political campaign committee until such penalty and all costs attendant to the penalty are paid in full. (3) If a civil penalty lawfully assessed under this part against a multicandidate political campaign committee is not paid within thirty (30) days after the assessment becomes final, the treasurer and the officers of the multicandidate political campaign committee listed on the forms on file with the registry pursuant to § 2-10-105(e)(2) at the time the conduct that gave rise to the civil penalty occurred are ineligible to qualify for election to a state or local public office until the penalty is paid. (g) The registry shall not accept a settlement in which the aggregate amount of assessed civil penalties exceeds twenty-five thousand dollars ($25,000) unless the settlement proposal is considered at either a regular meeting or, notwithstanding § 2-10-203(f) , a special meeting called by the chair in which at least twenty-four (24) hours' notice is given to each member of the registry and each party seeking a settlement proposal. If a special meeting is called pursuant to this subsection (g), an agenda for the meeting must be placed on the registry's website at least twenty-four (24) hours prior to the meeting. The agenda must include the style of any matter to be considered, and the special meeting must be limited to consideration of only the matters listed on the agenda.

Legislative History

Amended by 2024 Tenn. Acts, ch. 723,s 3, eff. 4/16/2024. Amended by 2024 Tenn. Acts, ch. 723,s 2, eff. 4/16/2024. Amended by 2024 Tenn. Acts, ch. 723,s 1, eff. 4/16/2024. Amended by 2023 Tenn. Acts, ch. 108, s 6, eff. 4/4/2023. Amended by 2022 Tenn. Acts, ch. 1087, s 11, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1087, s 1, eff. 5/27/2022. Amended by 2021 Tenn. Acts, ch. 487, s 1, eff. 5/18/2021. Acts 1980, ch. 861, § 11; 1989, ch. 585, § 19; 1989, ch. 591, § 113; 1990, ch. 943, § 2; 1991, ch. 519, §§ 7-9; 1996, ch. 1005, § 3; 1997 , ch. 464, § 1; 2006 (1st Ex. Sess.), ch. 1, § 6; 2007 , ch. 151, §§ 1, 2.