Maine Revised Statutes Title 21-A Sec. 1127 – Violations
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1. Civil fine. In addition to any other penalties that may be applicable, a person who violates any provision of this chapter or rules of the commission adopted pursuant to section 1126 is subject to a fine not to exceed $10,000 per violation payable to the fund. In addition to any fine, for good cause shown, a candidate, treasurer, consultant or other agent of the candidate or the political committee authorized by the candidate pursuant to section 1013?A, subsection 1 found in violation of this chapter or rules of the commission may be required to return to the fund all amounts distributed to the candidate from the fund or any funds not used for campaign-related purposes. If the commission makes a determination that a violation of this chapter or rules of the commission has occurred, the commission shall assess a fine or transmit the finding to the Attorney General for prosecution. A final determination by the commission may be appealed to Superior Court in accordance with Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C. Fines assessed or orders for return of funds issued by the commission pursuant to this subsection that are not paid in full within 30 days after issuance of a notice of the final determination may be enforced in accordance with section 1004?B. Fines paid under this section must be deposited in the fund. In determining whether or not a candidate is in violation of the expenditure limits of this chapter, the commission may consider as a mitigating factor any circumstances out of the candidate’s control.
[PL 2011, c. 558, §10 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 21-A Sec. 1127
- Candidate: means any person who has filed a petition under either sections 335 and 336 or sections 354 and 355 and has qualified as a candidate by either procedure, or any person who has received contributions or made expenditures or has given consent for any other person to receive contributions or make expenditures with the intent of qualifying as a candidate. See Maine Revised Statutes Title 21-A Sec. 1
- Commission: means the Commission on Governmental Ethics and Election Practices established by Title 5, section 12004?G, subsection 33. See Maine Revised Statutes Title 21-A Sec. 1122
- Fund: means the Maine Clean Election Fund established in section 1124. See Maine Revised Statutes Title 21-A Sec. 1122
- may: when used in this Title, is used in a permissive sense to grant authority or permission, but not to create duty, to act in the manner specified by the context. See Maine Revised Statutes Title 21-A Sec. 7
- Political committee: means 2 or more persons associated for the purpose of promoting or defeating a candidate, party or principle. See Maine Revised Statutes Title 21-A Sec. 1
- Treasurer: means a person appointed by a candidate or a political committee to accept or disburse money to promote or defeat a candidate, party or principle. See Maine Revised Statutes Title 21-A Sec. 1
2. Class E crime. A person who willfully or knowingly violates this chapter or rules of the commission or who willfully or knowingly makes a false statement in any report required by this chapter commits a Class E crime and, if certified as a Maine Clean Election Act candidate, must return to the fund all amounts distributed to the candidate.
[IB 1995, c. 1, §17 (NEW).]
SECTION HISTORY
IB 1995, c. 1, §17 (NEW). PL 2003, c. 81, §1 (AMD). PL 2005, c. 301, §33 (AMD). PL 2005, c. 542, §6 (AMD). PL 2009, c. 302, §23 (AMD). PL 2011, c. 558, §10 (AMD).