§3-12-16. Civil penalties.
(a) If a participating or certified candidate or his or her
committee or financial agent unintentionally accepts contributions
from a private source in violation of the provisions of this
article or spends or obligates to spend more than the amount of
public financing money he or she is eligible to receive from the
fund pursuant to section eleven of this article, the State Election
Commission may order the candidate to pay to the State Election
Commission an amount equal to the amount of the contribution,
expenditure or obligation.
(b) If a participating or certified candidate or his or her
committee or financial agent intentionally accepts contributions
from a private source in violation of this article or spends or
obligates more than the amount of public campaign financing he or
she is eligible to receive from the fund, the State Election
Commission shall order the candidate to pay to the State Election
Commission an amount equal to ten times the amount of the
contribution, expenditure or obligation. The candidate shall pay
the civil penalty authorized under this subsection within seven
days of receipt of written notice from the State Election
Commission of the imposition of the penalty.
(c) If a participating or certified candidate fails to pay any
moneys required to be paid to the State Election Commission or
returned to the fund under this article, the State Election
Commission may order the candidate to pay an amount equal to three times the amount that should have been paid to the State Election
Commission or returned to the fund.
(d) In addition to any other penalties imposed by law, the
State Election Commission may impose a civil penalty for a
violation by or on behalf of any candidate of any reporting
requirement imposed by this article in the amount of $100 a day.
The penalty shall be doubled if the amount not reported for a
specific election exceeds ten percent of the initial amount of
public financing available to a certified candidate in a primary or
general election pursuant to section eleven of this article.
(e) All penalties collected by the State Election Commission
pursuant to this section shall be deposited into the fund. The
candidate and the candidate's campaign account are jointly and
severally responsible for the payment of any penalty imposed
pursuant to this section.