N.Y. Election Law § 14-126: Violations; penalties

§ 14-126. Violations; penalties. 1. (a) Any person who fails to file a

statement required to be filed by this article shall be subject to a

civil penalty, not in excess of one thousand dollars, to be recoverable

in a special proceeding or civil action to be brought by the chief

enforcement counsel pursuant to section 16-114 of this chapter. Any

person who, three or more times within a given election cycle for such

term of office, fails to file a statement or statements required to be

filed by this article, shall be subject to a civil penalty, not in

excess of ten thousand dollars, to be recoverable as provided for in

this subdivision.

(b) All payments received by the state board of elections pursuant to

this section shall be retained in the appropriate accounts as designated

by the division of the budget for enforcement activities by the board of

elections.

2. Any person who, acting as or on behalf of a candidate or political

committee, under circumstances evincing an intent to violate such law,

unlawfully accepts a contribution in excess of a contribution limitation

established in this article, shall be required to refund such excess

amount and shall be subject to a civil penalty equal to the excess

amount plus a fine of up to ten thousand dollars, to be recoverable in a

special proceeding or civil action to be brought by the state board of

elections chief enforcement counsel.

3. Any person who falsely identifies or knowingly fails to identify

any independent expenditure as required by subdivision two of section

14-107 of this article or any political communication as required in

section 14-106 of this article shall be subject to a civil penalty up to

one thousand dollars or up to the cost of the communication, whichever

is greater, in a special proceeding or civil action brought by the state

board of elections chief enforcement counsel pursuant to paragraph (a)

of subdivision five of section 3-104 of this chapter. For purposes of

this subdivision, the term "person" shall mean a person, group of

persons, corporation, unincorporated business entity, labor organization

or business, trade or professional association or organization or

political committee.

3-a. Any person who, acting as or on behalf of an independent

expenditure committee or a political action committee, knowingly and

willfully violates the provisions of section 14-107-a of this article

shall be subject to a civil penalty, up to one thousand dollars or up to

the cost of the communication, whichever is greater, to be recoverable

in a special proceeding or civil action to be brought by the state board

of elections.

4. Any person who knowingly and willfully fails to file a statement

required to be filed by this article within ten days after the date

provided for filing such statement or any person who knowingly and

willfully violates any other provision of this article shall be guilty

of a misdemeanor.

5. Any person who knowingly and willfully contributes, accepts or aids

or participates in the acceptance of a contribution in an amount

exceeding an applicable maximum specified in this article shall be

guilty of a class A misdemeanor.

6. Any person who shall, acting on behalf of a candidate or political

committee, knowingly and willfully solicit, organize or coordinate the

formation of activities of one or more unauthorized committees, make

expenditures in connection with the nomination for election or election

of any candidate, or solicit any person to make any such expenditures,

for the purpose of evading the contribution limitations of this article,

shall be guilty of a class E felony.

7. Any online platform that fails to comply with the requirements of

section 14-107-b of this article shall be subject to a civil penalty up

to one thousand dollars for each violation in a special proceeding or

civil action brought by the state board of elections chief enforcement

counsel pursuant to paragraph (a) of subdivision five of section 3-104

of this chapter.