Bill Text: DE HB310 | 2011-2012 | 146th General Assembly | Engrossed
Bill Title: An Act To Amend Chapter 80, Title 15 Of The Delaware Code Relating To Violations Of Campaign Finance Laws.
Spectrum: Moderate Partisan Bill (Democrat 21-4)
Status: (Passed) 2012-08-15 - Signed by Governor [HB310 Detail]
Download: Delaware-2011-HB310-Engrossed.html
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SPONSOR: |
Rep. Longhurst & Sen. Blevins ; Reps. Barbieri Brady Carson Gilligan Jaques Q. Johnson Keeley Kowalko Miro Mitchell Schooley Schwartzkopf Scott B. Short Viola Walker D.E. Williams Willis ;Sens. Cloutier DeLuca Henry Sokola Sorenson |
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HOUSE BILL NO. 310 AS AMENDED BY HOUSE AMENDMENT NO. 1 |
AN ACT TO AMEND CHAPTER 80, TITLE 15 OF THE DELAWARE CODE RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAWS.
Section 1.Amend §8043, Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§ 8043.Violations; penalties; jurisdiction in Superior Court.
(a)Except as set forth in §8044 of this
title, any Any person who knowingly violates any provision of §
8003, §8004 or §8005 of this title shall be guilty of a class B misdemeanor.
(b)Any person who knowingly accepts or knowingly makes an unlawful contribution or expenditure in violation of any provision of subchapter II or III of this title shall be guilty of a class A misdemeanor.
(c)Any reporting party candidate or
treasurer who knowingly files any report required under by §8023
or subchapter IV of this chapter that is false in any material respect, or
fails to file any such report, shall be guilty of a class A
misdemeanor.For purposes of this
subchapter, "reporting party" means any candidate, treasurer or other person
required to file reports under this chapter.
(d)Any person who knowingly violates any provision of §8006 of this title shall be guilty of a class G felony.
(e)A candidate or treasurer reporting
party who reasonably relies upon information provided by another person
which is inaccurate, false or misleading and who has no reason to know that
such information was inaccurate, false or misleading, shall not be liable for
any report filed by such reporting party candidate or treasurer
which is inaccurate, false or misleading as a result of such information, if
such reporting party candidate or treasurer, within 30 days after
learning that such information was inaccurate, false or misleading, files an
amended report with the Commissioner that corrects the inaccurate, false or
misleading aspects of the report filed by the candidate or treasurer.
Where a reporting party candidate or treasurer files an amended
report later than 30 days after learning that such information was inaccurate,
false or misleading, the reporting party candidate or treasurer
shall not be liable if the reporting party candidate or treasurer
shows good cause for filing the amended report beyond the 30-day period.
(f)The Superior Court shall have jurisdiction over all offenses under this chapter.
(g)A reporting party candidate or
treasurer shall report immediately to the Commissioner and the Attorney
General any attempt to make a prohibited contribution, or to demand a
prohibited expenditure, where such attempt is made with intent to violate this
chapter.
(h)A reporting party candidate or
treasurer who receives a prohibited contribution or makes a prohibited
expenditure without any intention to violate this chapter, but who returns the
contribution or reimburses the political committee or other person making for
such expenditure within 7 days after learning that the contribution or
expenditure was prohibited, shall not be liable for any violation of this
chapter.
(i)A reporting party who violates §8021 of this title shall be assessed a fine by the Commissioner of $500 or 25 percent of the cost of the campaign advertisement subject thereto, whichever is greater.
Section 2.Amend §8044, Title 15 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§ 8044. Tardy and incomplete reports.
(a)Any candidate, political committee or
other person that reporting party who fails to file or deliver to
the Commissioner any report required by §8023 or §8030 of under
this title chapter shall be assessed a fine by the Commissioner
of $50 for each dayper month,
or fraction thereof, that such report is tardy in delivery to the
Commissioner.In the event any report
required under this chapter shall be incomplete, such report shall be deemed
tardy for purposes of this section.Notwithstanding the foregoing, a reporting party shall be entitled to an
automatic, one-time 24-hour extension hereunder, provided such party notifies
the Commissioner in writing thereof no later than 11:59 p.m. on the date such
report is due.
(b)In the event a report is
incomplete or otherwise tardy, the Commissioner shall immediately notify the
reporting party thereof in writing.Such
notice shall state that a fine is being assessed for each late day, and to the
extent applicable, shall also specify why such report is incomplete. Upon
receipt of such notice, the reporting party shall have 30 days to appeal such
fine in writing to the Commissioner.In
the event of an appeal, Within 30 days after the Commissioner
assesses such a fine such person the reporting party shall have the
opportunity to show the Commissioner that such tardiness is was
due to reasonable cause and not wilful neglect.If the Commissioner determines that such tardiness is not due to
reasonable cause, or the reporting party fails to timely file an appeal,
such Such fine shall constitute a debt due and owing the State,
assessable by the Commissioner and recoverable against the reporting party.
committee, its treasurer or, in the case of a candidate committee, the
candidate, or in the case of an independent expenditure, the person making such
expenditure.
(c)If a tardy report is not filed or corrected within 30 days following (i) a determination by the Commissioner that such tardiness is not due to reasonable cause, or (ii) the expiration of the appeal period set forth in paragraph (b), then the Commissioner shall notify the Office of the Attorney General that the reporting party has failed to file such report.
