New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 17 - COMPLAINTS AND OTHER PROCEEDINGS; VIOLATIONS › Section 19:25-17.3A - Penalties for failure to file

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				  determining the amount of penalties to be imposed for the failure to file a report
				  or a reporting transaction, the Commission shall consider such offenses as more
				  egregious than the late filing of that report or that reporting transaction, and the
				  Commission shall impose penalties as provided in this section, in the absence of any
				  aggravating or mitigating factors set forth in
				  19:25-17.3C.
(b) In determining the amount of a penalty to be
				  imposed for failure to file a Candidate--Sworn Statement (Form A-1), a Joint
				  Candidates Committee--Sworn Statement (Form A-2), a Committee--Sworn Statement (Form
				  A-3), or a Recall Committee--Sworn Statement (Form A-4), the Commission shall impose
				  a penalty in an amount that is equal to the maximum penalty provided in
				  19:25-17.3.
(c) In determining the amount of penalties to be
				  imposed for failure to file a Report of Contributions and Expenditures (Form R-1) or
				  a Receipts and Expenditures Quarterly Report (Form R-3), where the total dollar
				  amount of all contribution and expenditure reporting transactions required to be
				  reported on that election fund or quarterly report is less than or equal to the
				  maximum penalty provided in
				  19:25-17.3, the Commission shall impose
				  the maximum penalty provided in
				  19:25-17.3 for each report that is not
				  filed.
(d) In determining the amount of
				  penalties to be imposed for failure to file a Report of Contributions and
				  Expenditures (Form R-1) or a Receipts and Expenditures Quarterly Report (Form R-3),
				  where the total dollar amount of all contribution and expenditure reporting
				  transactions required to be reported on that election fund or quarterly report is
				  greater than the maximum penalty provided in
				  19:25-17.3, the failure to report each
				  contribution reporting transaction and each expenditure reporting transaction that
				  was required to be reported on that election fund or quarterly report shall
				  constitute a separate offense, pursuant to
				  19:25-17.2. The Commission shall impose
				  a penalty for each such separate offense in an amount that is not less than the
				  dollar amount of the unreported contribution or expenditure reporting transaction,
				  up to the maximum penalty provided in
				  19:25-17.3 for each unreported
				  contribution or expenditure reporting transaction.
(e) In determining the amount of penalties to be
				  imposed for failure to file a Supplemental Contributor and Expenditure Information
				  (Form 72/24-HR), a Report of Independent Expenditures (Form IND), a Supplemental
				  Contributor Information (Form C-1), a Supplemental Contributor Information (Form
				  C-3), a Supplemental Expenditure Information (Form E-1), or a Continuing Political
				  Committee Supplemental Expenditure Information (Form E-3), the failure to report
				  each contribution reporting transaction and each expenditure reporting transaction
				  that was required to be reported on such report(s), shall constitute a separate
				  offense, pursuant to
				  N.J.A.C.
				  19:25-17.2. The Commission shall impose a penalty
				  for each failure to report a contribution reporting transaction or an expenditure
				  reporting transaction, and each penalty shall be not less than the dollar amount of
				  each such unreported contribution or expenditure reporting transaction, up to the
				  maximum penalty provided at
				  N.J.A.C.
				  19:25-17.3 for each unreported contribution or
				  expenditure reporting transaction.
(f)
				  In determining the amount of a penalty to be imposed for failure to report a
				  contribution reporting transaction or an expenditure reporting transaction on a
				  filed report, the Commission shall impose a penalty in an amount that is not less
				  than the dollar amount of each such unreported contribution or expenditure reporting
				  transaction, subject to the maximum penalty provided in
				  19:25-17.3 for each unreported
				  contribution or expenditure reporting transaction.
(g) In determining the amount of a penalty to be
				  imposed for failure to file any report not described in (b) through (f) above,
				  including, but not limited to, a Single Candidate Committee--Certificate of
				  Organization and Designation of Campaign Treasurer and Depository (Form D-1), a
				  Joint Candidates Committee--Certificate of Organization and Designation of Campaign
				  Treasurer and Depository (Form D-2), a Political Committee--Registration Statement
				  and Designation of Campaign Treasurer and Depository (Form PC), a Political Party
				  Committee--Designation of Organizational Treasurer and Depository (Form D-3), a
				  Continuing Political Committee--Registration Statement and Designation of
				  Organizational Depository (Form D-4), and a Legislative Leadership
				  Committee--Registration Statement and Designation of Organizational Depository (Form
				  D-5), the Commission shall impose a penalty that is not less than one quarter (25
				  percent) of the maximum penalty provided in
				  19:25-17.3.
(h) In determining the amount of a penalty to be
				  imposed for failure to make and maintain a recordkeeping transaction, the Commission
				  shall impose a penalty in an amount that is not less than the dollar amount of the
				  recordkeeping transaction, up to the maximum penalty provided in
				  19:25-17.3 for each recordkeeping
				  transaction, but where an Affidavit for Missing Records is filed pursuant to
				  19:25-7.4, the Commission shall impose
				  a penalty in an amount that is not more than one half (50 percent) of the dollar
				  amount of the recordkeeping transaction.