Arizona Laws 16-942. Civil penalties and forfeiture of office
Terms Used In Arizona Laws 16-942
- Candidate: means an individual who receives contributions or makes expenditures or who gives consent to another person to receive contributions or make expenditures on behalf of that individual in connection with the candidate's nomination, election or retention for any public office. See Arizona Laws 16-901
- Contribution: means any money, advance, deposit or other thing of value that is made to a person for the purpose of influencing an election. See Arizona Laws 16-901
- Election: means any election for any ballot measure in this state or any candidate election during a primary, general, recall, special or runoff election for any office in this state other than a federal office and a political party office prescribed by chapter 5, article 2 of this title. See Arizona Laws 16-901
- Expenditure: means any purchase, payment or other thing of value that is made by a person for the purpose of influencing an election. See Arizona Laws 16-901
- Personal monies: means any of the following:
(a) Assets to which the individual or individual's spouse has either legal title or an equitable interest. See Arizona Laws 16-901
- Statewide office: means the office of governor, secretary of state, state treasurer, attorney general, superintendent of public instruction, corporation commissioner or mine inspector. See Arizona Laws 16-901
(Caution: 1998 Prop. 105 applies)
A. The civil penalty for a violation of any contribution or expenditure limit in section 16-941 by or on behalf of a participating candidate shall be ten times the amount by which the expenditures or contributions exceed the applicable limit.
B. In addition to any other penalties imposed by law, the civil penalty for a violation by or on behalf of any candidate of any reporting requirement imposed by this chapter shall be one hundred dollars per day for candidates for the legislature and three hundred dollars per day for candidates for statewide office. The penalty imposed by this subsection shall be doubled if the amount not reported for a particular election cycle exceeds ten percent of the adjusted primary or general election spending limit. No penalty imposed pursuant to this subsection shall exceed twice the amount of expenditures or contributions not reported. The candidate and the candidate’s campaign account shall be jointly and severally responsible for any penalty imposed pursuant to this subsection.
C. Any campaign finance report filed indicating a violation of section 16-941, subsections A or B or section 16-941, subsection C, paragraph 1 involving an amount in excess of ten percent of the sum of the adjusted primary election spending limit and the adjusted general election spending limit for a particular candidate shall result in disqualification of a candidate or forfeiture of office.
D. Any participating candidate adjudged to have committed a knowing violation of section 16-941, subsection A or subsection C, paragraph 1 shall repay from the candidate’s personal monies to the fund all monies expended from the candidate’s campaign account and shall turn over the candidate’s campaign account to the fund.
E. All civil penalties collected pursuant to this article shall be deposited into the fund.