§ 17-25-28 - Board of elections – Regulation and auditing of matching fund program.
SECTION 17-25-28
§ 17-25-28 Board of elections –Regulation and auditing of matching fund program. – In addition to all other powers and duties established by law, the board ofelections is empowered to adopt and enforce rules, regulations, and auditingprocedures required to fulfill the mandates of §§ 17-25-19 –17-25-27. The board is empowered, among other things, to:
(1) Ascertain whether any contributions to or expendituresfor candidates for general office have exceeded limits prescribed by§§ 17-25-18 – 17-25-27. Ascertain the amount and source ofcontributions received and expenditures made by all candidates for generaloffices, whether or not the candidate chose to participate in public financing.
(2) Issue advisory opinions upon its own initiative or uponapplication of any candidate.
(3) Conduct investigations and/or hearings relative toalleged violations of §§ 17-25-18 – 17-25-27, either on its owninitiative or upon receipt of a verified written complaint, which complaintshall, under pain and penalty of perjury, be based upon actual knowledge andnot merely on information and belief.
(ii) Upon receipt of a verified written complaint, or uponreceipt of evidence which is deemed sufficient by the board, the board mayinitiate a preliminary investigation into any alleged violation of §§17-25-18 – 17-25-27. All board proceedings and records relating to apreliminary investigation shall be confidential, except that the board may turnover to the attorney general evidence that may be used in a criminalproceeding. The board shall notify any person who is the subject of thepreliminary investigation of the existence of the investigation and the generalnature of the alleged violation by certified or registered mail, return receiptrequested, within seven (7) days of the commencement of the investigation.
(iii) If a preliminary investigation fails to indicatereasonable cause for belief that §§ 17-25-18 – 17-25-27 havebeen violated, the board shall immediately terminate the investigation andnotify, in writing, the complainant, if any, and the person who had been thesubject of the investigation.
(iv) If a preliminary investigation indicates reasonablecause for belief that §§ 17-25-18 – 17-25-27 have been violated,the board may, upon a majority vote, initiate a full investigation andappropriate proceedings to determine whether there has been a violation.
(v) All testimony in board proceedings shall be under oath.All parties shall have the right to call and examine witnesses, to introduceexhibits, to cross-examine witnesses who testify, to submit evidence, and to berepresented by counsel. Before testifying, all witnesses shall be given a copyof the regulations governing board proceedings. All witnesses shall be entitledto be represented by counsel.
(vi) Any person whose name is mentioned during a proceedingof the board and who may be adversely affected by it may appear personallybefore the board on his or her own behalf or file a written statement forincorporation into the record of the proceeding.
(vii) Within fourteen (14) days after the end of proceedings,the board shall meet in executive session for the purpose of reviewing theevidence before it. Within thirty (30) days after completion of deliberations,the board shall publish a written report of its findings and conclusions.
(viii) Upon a finding that there has been a violation of§§ 17-25-18 – 17-25-27 or any other campaign finance law, theboard may issue an order requiring the violator to:
(I) Cease and desist from the violation;
(II) File any report, statements or other information asrequired by this chapter; and/or
(III) Pay a civil fine for each violation of any section ofthis chapter in an amount authorized by that section or, if no authorizationexists, in amount not to exceed the greater of one thousand dollars ($1,000) orthree (3) times the amount the violator failed to properly report or unlawfullycontributed, expended, gave, or received.
(B) The board may turn over to the attorney general anyevidence that may be used in a subsequent criminal proceeding against anyviolator.
(ix) The board may file a civil action in superior court toenforce an order issued by it pursuant to this section.
(x) Any final action by the board made pursuant to thischapter shall be subject to review in superior court upon petition of anyinterested person filed within thirty (30) days after the action for whichreview is sought. The court shall enter a judgment enforcing, modifying, orsetting aside the order of the board, or it may remand the proceeding to theboard for any further action that the court may decide.