(a)  Whenever the board of elections has reason to believe that a candidate, political party committee, or political action committee, or the campaign treasurer or deputy campaign treasurer of the candidate or committee, has accepted a contribution or made an expenditure in violation of the provisions of this chapter, or willfully and knowingly has made a false statement in any of the reports required under this chapter or failed to file any report, or has otherwise violated this chapter, the board may, in addition to all other actions authorized by law, request the attorney general to bring an action in the name of the state of Rhode Island in the superior court against the person and/or committee to enjoin them from continuing the violation, or doing any acts in furtherance of the violation, and for any other relief that the court deems appropriate. In addition, the court may order the forfeiture of any or all contributions accepted in violation of and/or not reported as required by this chapter. All contributions so forfeited shall become the property of the state.

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Terms Used In Rhode Island General Laws 17-25-16

  • Candidate: means any individual who undertakes any action, whether preliminary or final, which is necessary under the law to qualify for nomination for election or election to public office, and/or any individual who receives a contribution or makes an expenditure, or gives his or her consent for any other person to receive a contribution or make an expenditure, with a view to bringing about his or her nomination or election to any public office, whether or not the specific public office for which he or she will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at that time. See Rhode Island General Laws 17-25-3
  • expenditures: include all transfers of money, credit or debit card transactions, on-line or electronic payment systems such as "pay pal" paid personal services, or other thing of value to or by any candidate, committee of a political party, or political action committee or ballot question advocate. See Rhode Island General Laws 17-25-3
  • Person: means an individual, partnership, committee, association, corporation, union, charity, and/or any other organization. See Rhode Island General Laws 17-25-3
  • Political action committee: means any group of two (2) or more persons that accepts any contributions to be used for advocating the election or defeat of any candidate or candidates. See Rhode Island General Laws 17-25-3
  • State: means state of Rhode Island. See Rhode Island General Laws 17-25-3

(b)  The court shall also impose a civil penalty not exceeding three (3) times the amount of:

(1)  Contributions made or accepted in violation of this chapter;

(2)  Expenditures made in violation of this chapter; and/or

(3)  Contributions or expenditures not reported as required by this chapter.

(c)  All funds collected pursuant to this section shall be deposited in the fund established for the public financing of the electoral system pursuant to this chapter.

History of Section.
P.L. 1981, ch. 188, § 2; P.L. 1992, ch. 21, § 1.