24.2-953.4 - Additional civil penalties for late and incomplete filings for statewide campaigns.
§ 24.2-953.4. Additional civil penalties for late and incomplete filings forstatewide campaigns.
A. In addition to the penalties provided in §§ 24.2-953.1, 24.2-953.2 and24.2-953.3, any candidate for statewide office, and his campaign treasurer,who fails to file any report required in Article 3 in a timely manner orfiles an incomplete report may be assessed a civil penalty by the Secretaryof the State Board pursuant to this section.
B. Prior to assessing a penalty pursuant to this section, the Secretary shallnotify, within 14 days of the deadline for the required report, the candidateand treasurer in writing that a report has not been filed or that a filedreport has not been completed, citing the omissions from the report. Nopenalty shall be assessed pursuant to this section if the report orinformation required to complete the report is filed within seven days of thedate of mailing the written notice.
C. If the report or information required to complete the report is not filedwithin the seven-day period, the Secretary shall assess against the candidateand treasurer, who shall be jointly and severally liable, a civil penalty of$500 for each day that the violation continues on and after the eighth dayfollowing the date of mailing the written notice. The Secretary may grant anadditional period for compliance, not to exceed two weeks, for good causeshown and in response to a request filed within the seven-day period.However, no additional period shall be granted for compliance with therequirement under subdivision 8 of § 24.2-947.6 to file a report not laterthan the eighth day before the election. The State Board shall notify thepublic through its official Internet website of the violation and identity ofthe violator.
D. If requested by the Secretary, the attorney for the Commonwealth of theCity of Richmond shall assist the Secretary in collecting the civil penalty.
E. Any candidate or treasurer aggrieved by the assessment pursuant to thissection shall have a right to the direct review of the assessment by a courtof competent jurisdiction as provided in the Administrative Process Act (§2.2-4000 et seq.). The provisions of the Act shall not apply, however, to theassessment of civil penalties by the Secretary pursuant to this section.
F. Civil penalties collected pursuant to this section shall be payable to theState Treasurer for deposit to the general fund.
(1991, c. 548, § 24.1-263.1; 1993, c. 641, § 24.2-930; 2001, c. 620; 2005,c. 371; 2006, cc. 787, 892.)