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§ 24.2-955.3 Penalties for violations of this chapter

A. Any sponsor violating Article 2 (§ 24.2-956 et seq.) shall be subject to a civil penalty not to exceed $25,000. In the case of a willful violation, he is guilty of a Class 1 misdemeanor.

B. Any sponsor violating Article 3 (§ 24.2-957 et seq.) or 4 (§ 24.2-958 et seq.) shall be subject to a civil penalty not to exceed $25,000. In the case of a willful violation, he is guilty of a Class 1 misdemeanor. In no event shall the total civil penalties imposed for multiple broadcasts of one particular campaign advertisement exceed $25,000.

C. Any person violating Article 5 (§ 24.2-959 et seq.) shall be subject to a civil penalty not to exceed $25,000, and in the case of a willful violation, he is guilty of a Class 1 misdemeanor. A violation of the provisions of Article 5 shall not void any election.

D. The State Board, in a public hearing, shall determine whether to find a violation of this chapter and to assess a civil penalty. At least 10 days prior to such hearing, the State Board shall send notice by certified mail to persons whose actions will be reviewed at such meeting and may be subject to civil penalty. Notice shall include the time and date of the meeting, an explanation of the violation, and the maximum civil penalty that may be assessed.

E. It shall not be deemed a violation of this chapter if the contents of the disclosure legend or statement convey the required information.

F. Any civil penalties collected pursuant to an action under this section shall be payable to the State Treasurer for deposit to the general fund. The procedure to enforce the civil penalties provided in this section shall be as stated in § 24.2-946.3.

History

This law was first created in 2002. The record of its establishment is cataloged in chapter 487 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2003, chapter 237; in 2004, chapters 55 and 457; in 2005, chapter 369; in 2006, chapters 787 and 892; in 2010, chapter 546; in 2022, chapter 744.

2002, c. 487, §§ 24.2-943, 24.2-944; 2003, c. 237; 2004, cc. 55, 457; 2005, c. 369; 2006, cc. 787, 892; 2010, c. 546; 2022, c. 744.

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