§3-12-16. Civil penalties


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 12 - 16

§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 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.

     (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.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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