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New York Statutes § 14-126 Violations; penalties

⤴ Up to Title I: Campaign Receipts and Expenditures

Statute Text

1. [Multiple versions]
(a) Any person who fails to file a statement required to be filed by this article shall be subject to a civil penalty, not in excess of one thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the [state board of elections or other board of elections] chief enforcement counsel . Any person who, three or more times within a given election cycle for such term of office, fails to file a statement or statements required to be filed by this article, shall be subject to a civil penalty, not in excess of ten thousand dollars, to be recoverable as provided for in this subdivision.
(b) All payments received by the state board of elections pursuant to this section shall be retained in the appropriate accounts as designated by the division of the budget for enforcement activities by the board of elections.
1. [Multiple versions] Any person who fails to file a statement required to be filed by this article shall be subject to a civil penalty, not in excess of one thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the state board of elections [or other board of elections] chief enforcement counsel pursuant to section 16-114 of this chapter . Any person who, three or more times within a given election cycle for such term of office, fails to file a statement or statements required to be filed by this article, shall be subject to a civil penalty, not in excess of ten thousand dollars, to be recoverable as provided for in this subdivision.
2. Any person who, acting as or on behalf of a candidate or political committee, under circumstances evincing an intent to violate such law, unlawfully accepts a contribution in excess of a contribution limitation established in this article, shall be required to refund such excess amount and shall be subject to a civil penalty equal to the excess amount plus a fine of up to ten thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the state board of elections chief enforcement counsel .
3. Any person who falsely identifies or knowingly fails to identify any independent expenditure as required by subdivision two of section 14-107 of this article or any political [committee] communication as required in section 14-106 of this article shall be subject to a civil penalty up to one thousand dollars or up to the cost of the communication, whichever is greater, in a special proceeding or civil action brought by the state board of elections chief enforcement counsel pursuant to paragraph (a) of subdivision five of section 3-104 of this chapter. For purposes of this subdivision, the term "person" shall mean a person, group of persons, corporation, unincorporated business entity, labor organization or business, trade or professional association or organization or political committee.
3-a. Any person who, acting as or on behalf of an independent expenditure committee or a political action committee, knowingly and willfully violates the provisions of section -107 -a of this article shall be subject to a civil penalty, up to one thousand dollars or up to the cost of the communication, whichever is greater, to be recoverable in a special proceeding or civil action to be brought by the state board of elections.
[3.] 4. Any person who knowingly and willfully fails to file a statement required to be filed by this article within ten days after the date provided for filing such statement or any person who knowingly and willfully violates any other provision of this article shall be guilty of a misdemeanor.
[4.] 5. Any person who knowingly and willfully contributes, accepts or aids or participates in the acceptance of a contribution in an amount exceeding an applicable maximum specified in this article shall be guilty of a class A misdemeanor.
[5.] 6. Any person who shall, acting on behalf of a candidate or political committee, knowingly and willfully solicit, organize or coordinate the formation of activities of one or more unauthorized committees, make expenditures in connection with the nomination for election or election of any candidate, or solicit any person to make any such expenditures, for the purpose of evading the contribution limitations of this article, shall be guilty of a class E felony.
7. Any online platform that fails to comply with the requirements of section 14-107-b of this article shall be subject to a civil penalty up to one thousand dollars for each violation in a special proceeding or civil action brought by the state board of elections chief enforcement counsel pursuant to paragraph (a) of subdivision five of section 3-104 of this chapter.

History

Amended by New York Laws 2020 , ch. 87 , Sec. 2 , eff. 1/1/2020 .

Amended by New York Laws 2019 , ch. 454 , Sec. 3 , eff. 1/1/2020 .

Amended by New York Laws 2018 , ch. 59 , Sec. JJJ-12 , eff. 4/12/2018 .

Amended by New York Laws 2016 , ch. 286 , Sec. A-11 , eff. 9/23/2016 .

Amended by New York Laws 2014 , ch. 55 , Sec. H-C-6 , eff. 6/1/2014 and Sec. H-B-1 eff. 6/29/2014 .

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Prior Versions of This Statute