Delaware Code Title 15 Sec. 8043 – Violations; penalties; jurisdiction in Superior Court
(a) Except as set forth in § 8044 of this title, any person who knowingly violates any provision of § 8003, § 8004 or § 8005 of this title shall be guilty of a class B misdemeanor.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class G felony | up to 2 years | |
| Class A misdemeanor | up to 1 year | up to $2,300 |
| Class B misdemeanor | up to 6 months | up to $1,150 |
Terms Used In Delaware Code Title 15 Sec. 8043
- Candidate: means a person who seeks nomination for or election to public office, or who has taken action necessary under the law to qualify for nomination or election under the laws of the State, or has authorized the solicitation of any contribution or the making of any expenditure in that person's behalf. See Delaware Code Title 15 Sec. 8002
- Chapter: includes , in addition to the provisions of this chapter, the rules and regulations made by the Commissioner. See Delaware Code Title 15 Sec. 8002
- Commissioner: means the State Election Commissioner, or the designee of the Commissioner. See Delaware Code Title 15 Sec. 8002
- Contribution: means any advance, deposit, gift, expenditure or transfer, of money or any other thing of value, to or for the benefit of any candidate or political committee involved in an election, including without limitation any:
- Expenditure: means any payment made or debt incurred, by or on behalf of a candidate or political committee, or to assist in the election of any candidate or in connection with any election campaign. See Delaware Code Title 15 Sec. 8002
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes any individual, corporation, company, incorporated or unincorporated association, general or limited partnership, society, joint stock company, and any other organization or institution of any nature. See Delaware Code Title 15 Sec. 8002
- Political committee: means :
- Treasurer: means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter. See Delaware Code Title 15 Sec. 8002
(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 chapter shall be guilty of a class A misdemeanor.
(c) Any reporting party who knowingly files any report required under 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 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 which is inaccurate, false or misleading as a result of such information, if such reporting party, 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. Where a reporting party files an amended report later than 30 days after learning that such information was inaccurate, false or misleading, the reporting party shall not be liable if the reporting party 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 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 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 expenditure within 7 days after learning that the contribution or expenditure was prohibited, shall not be liable for any violation of this chapter. A reporting party may also donate a prohibited or suspected prohibited contribution to any charitable organization listed in subchapter IX, Chapter 11 of Title 30.
(i) A reporting party who violates § 8021 of this title shall be assessed a fine by the Commissioner of $500 or 25% of the cost of the campaign advertisement subject thereto, whichever is greater.
59 Del. Laws, c. 580, § ?1; 67 Del. Laws, c. 449, § ?1; 78 Del. Laws, c. 399, § ?1; 79 Del. Laws, c. 347, § ?1;