Section 3-711. Penalties

* 1.  Any participating or limited participating
  candidate whose principal committee fails to file in a timely  manner  a
  statement or record required to be filed by this chapter or the rules of
  the  board  in  implementation  thereof  or  who  commits a violation or
  infraction of any other provision of this chapter  or  rule  promulgated
  thereunder,   including  any  provision  of  section  3-709.5,  and  any
  principal committee treasurer or any other agent of a  participating  or
  limited   participating  candidate  who  commits  such  a  violation  or
  infraction, shall be subject to a civil penalty  in  an  amount  not  in
  excess of ten thousand dollars.
    The  board  shall  publish  a  schedule  of civil penalties for common
  infractions  and  violations,  including  examples  of  aggravating  and
  mitigating  circumstances that may be taken into account by the board in
  assessing such penalties. This schedule shall reflect  that  infractions
  are less serious failures to comply with the provisions of this chapter.
    * NB  Separately amended LL58/2004; cannot be put together with LL59 &
  60/2004 amendments
    * 1. Any participating or limited participating candidate and  his  or
  her  principal  committee  or any non-participating candidate and his or
  her authorized committees that  fail  to  file  in  a  timely  manner  a
  statement or record required to be filed by this chapter or the rules of
  the  board in implementation thereof or that violate any other provision
  of this chapter  or  rule  promulgated  thereunder,  and  any  committee
  treasurer  or  any other agent of a participating, limited participating
  or  non-participating  candidate  who  commits  such  a   violation   or
  infraction,  shall  be  subject  to  a civil penalty in an amount not in
  excess of ten thousand dollars.
    The board shall publish a  schedule  of  civil  penalties  for  common
  infractions  and  violations,  including  examples  of  aggravating  and
  mitigating circumstances that may be taken into account by the board  in
  assessing  such  penalties. This schedule shall reflect that infractions
  are less serious failures to comply with the provisions of this chapter.
    * NB Separately amended by LL59&60/2004; cannot be put together with
  LL58/2004 amendment
    2. (a) In addition to the penalties provided  in  subdivision  one  of
  this section, if the aggregate amount of expenditures by a participating
  or  limited  participating  candidate  and  such  candidate's  principal
  committee exceed the expenditure limitations contained in this  chapter,
  such  candidate  and  principal  committee  shall  be subject to a civil
  penalty in an amount not to exceed three times the  sum  by  which  such
  expenditures exceed the applicable expenditure limitation;
    (b)  In  addition to the penalties provided in subdivision one of this
  section, a participating candidate or his or  her  principal  committee,
  that  have  been found by the board to have violated a provision of this
  chapter by failing to provide any response to a draft audit report  sent
  to  the  candidate  after  the election by the board pursuant to section
  3-710 of this chapter, shall be subject to  a  civil  penalty  for  such
  violation  of  up  to  ten percent of the total public funds received by
  such candidate.
    3. The intentional or knowing furnishing of any  false  or  fictitious
  evidence,  books  or information to the board under this chapter, or the
  inclusion in any evidence, books,  or  information  so  furnished  of  a
  misrepresentation  of  a material fact, or the falsifying or concealment
  of any evidence, books, or information relevant  to  any  audit  by  the
  board  or the intentional or knowing violation of any other provision of
  this chapter shall be punishable as a class A misdemeanor in addition to
  any other penalty as may be provided under  law,  including  subdivision

  one  of  this section. The board shall assess penalties for such conduct
  and seek to recover any public funds obtained.
    4.   Notwithstanding  any  provision  of  law  to  the  contrary,  any
  participating  or  limited  participating  candidate  and  his  or   her
  principal  committee  or  any non-participating candidate and his or her
  authorized committees or any other person who commits any  violation  of
  this  chapter or any rules promulgated hereunder and who takes all steps
  necessary to correct such violation prior to  receiving  written  notice
  from  the board of the existence of the potential violation shall not be
  subject to any penalty for such violation.