24.2-953.3 - Incomplete reports.
§ 24.2-953.3. Incomplete reports.
A. In the case of a violation of this chapter that relates to the filing ofan incomplete report, the violator shall be subject to a civil penalty not toexceed $500 unless a greater penalty is imposed pursuant to this section.However the civil penalty shall in no case exceed $500 unless the total ofthe filer's reportable contributions or the total of the filer's reportableexpenditures is $10,000 or more.
B. Prior to assessing a penalty pursuant to this section for the filing of anincomplete report, the Secretary of the State Board or the general registraror secretary of the local electoral board, as appropriate, shall notify, bycertified mail, the candidate and treasurer, or person or political committeerequired to file a report with that board, that a filed report has not beencompleted, citing the omissions from the report. No penalty shall be assessedif the information required to complete the report is filed within 10 days ofthe date of mailing the written notice.
C. If the information required to complete the report is not filed within the10-day period, the Secretary of the State Board or the general registrar orsecretary of the local electoral board, as appropriate, shall then assessagainst the candidate and treasurer, who shall be jointly and severallyliable, or person or political committee required to file a report, a civilpenalty not to exceed $500. The Secretary of the State Board or the generalregistrar or secretary of the local electoral board, as appropriate, shallconsider the following factors in determining the civil penalty assessed: thenumber of omissions, the amount of money involved, and the proportion ofcontributions or expenditures containing omissions.
D. The Secretary of the State Board or the general registrar or secretary ofthe local electoral board may grant an additional period for compliance, notto exceed two weeks, to permit the completion of a filed report for goodcause shown and in response to a request filed within the 10-day period.However, no additional period shall be granted thereafter for compliance.
E. The civil penalty assessed for filing an incomplete report shall beincreased by $500 every 60 days following the date for compliance establishedpursuant to this section and until compliance is complete. If the failure tocomply continues for more than 120 days following the date for compliancesestablished pursuant to this section, there shall be a rebuttable presumptionthat the violation was willful, and the matter shall be forwarded to theappropriate attorney for the Commonwealth.
F. The civil penalty assessed for filing any subsequent incomplete report (i)that is filed more than 20 days after notice has been given of a violation or(ii) that is filed during the 60 days prior to the elections for which theperson is a candidate shall be $1,000.
G. The State Board shall notify the public through its official Internetwebsite of a failure to file a complete report by a candidate for statewideoffice or the General Assembly and the identity of the violator following thedate for compliance established pursuant to this section.
(2006, cc. 787, 892.)