A.
Any person may file a complaint with the Commission alleging that any non-participating candidate or that candidate's campaign committee has failed to comply with or violated A.R.S. §
16-941
(B)
. Complaints shall be processed as prescribed in Article 2 of these rules. In addition to those penalties outlined in
R2-20-222
(B)
, a non-participating candidate or candidate's campaign committee violating A.R.S. §
16-941
(B)
shall be subject to penalties prescribed in A.R.S. §
16-941
(B)
and A.R.S. §
16-942
(B) and (C)
as applicable.
B.
Penalties under A.R.S. §
16-942
(B)
:
1.
For an election involving a candidate for statewide office, the civil penalty shall be $300 per day.
2.
For an election involving a legislative candidate, the civil penalty shall be $100 per day.
3.
The penalties in (a) and (b) shall be doubled if the amount not reported for a particular election cycle exceeds ten percent (10%) of the applicable one of the adjusted primary election spending limit or adjusted general election spending limit.
4.
The dollar amounts in items (a) and (b), and the spending limits in item (c) are subject to adjustment of A.R.S. §
16-959
.
C.
Penalties under A.R.S. §
16-942
(C)
: Where a campaign finance report filed by a non-participating candidate or that candidate's campaign committee indicates a violation of A.R.S. §
16-941
(B)
that involves an amount in excess of ten percent (10%) of the sum of the adjusted primary election spending limit and the adjusted general election spending limits specified by A.R.S. §
16-961
(G) and (H)
as adjusted pursuant to A.R.S. §
16-959
, that violation shall result in disqualification of a candidate or forfeiture of office.
D.
Penalties under A.R.S. §
16-941
(B)
: Regardless of whether or not there is a violation of a reporting requirement, a person who violates A.R.S. §
16-941
(B)
is subject to a civil penalty of three times the amount of money that has been received, expended, or promised in violation of A.R.S. §
16-941
(B)
or three times the value in money for an equivalent of money or other things of value that have been received, expended, or promised in violation of A.R.S. §
16-941
(B)
.
E.
The twenty percent reduction in A.R.S. §
16-941
(B)
applies to all campaign contributions limits on contributions that are permitted to be accepted by nonparticipating candidates.
F.
Contribution limits as adjusted by A.R.S. §
16-931
shall be the base level contribution limits subject to reduction pursuant to A.R.S. §
16-941
(B)
.
History
New Section adopted by exempt rulemaking at 6 A.A.R. 1567, effective June 21, 2000 (Supp. 00-2). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 588, effective October 17, 2001 (Supp. 02-1). Amended by exempt rulemaking at 11 A.A.R. 4518, effective May 28, 2005 (Supp. 05-4). Amended by exempt rulemaking at 13 A.A.R. 2434, effective August 27, 2007 (Supp. 07-2). Amended by exempt rulemaking at 13 A.A.R. 3597, effective January 1, 2008 (Supp. 07-4). Amended by exempt rulemaking at 15 A.A.R. 1156, effective August 31, 2009 (Supp. 09-2). Amended by exempt rulemaking at
21 A.A.R. 1631
, effective
7/23/2015
. Amended by exempt rulemaking at
22 A.A.R. 2899
, effective
1/1/2017
. Amended by final rulemaking at
23 A.A.R. 126
, effective
1/1/2017
. Amended by exempt rulemaking at
24 A.A.R. 111
, effective
12/14/2017
.