                                 CODE OF VIRGINIA

REPORTING OF CERTAIN VIOLATIONS; PENALTIES (§ 24.2-946.3)

A. It shall be the duty of the State Board to report any violation of the
provisions of this chapter to the appropriate attorney for the Commonwealth. The
State Board shall report to the attorney for the Commonwealth of the City of
Richmond in the case of reporting requirements for campaign committees for
statewide office and to the attorney for the Commonwealth of the county or city
of the residence of a candidate for the General Assembly. For political
committees, the State Board shall report the violation to the attorney for the
Commonwealth of the City of Richmond. If all the officers of a political
committee are residents of one county or city as shown on the statement of
organization required by this chapter, the State Board shall report violations
for that political committee to the attorney for the Commonwealth of that county
or city.

B. It shall be the duty of the general registrar of a county or city to report
any violation of the provisions of this chapter relating to the filing of
campaign finance reports required to be filed with the general registrar to the
attorney for the Commonwealth for the county or city in which the general
registrar has jurisdiction.

C. In order to fulfill the duty to report violations pursuant to subsections A
and B, the Board shall establish and implement a system for receiving,
cataloging, and reviewing reports filed pursuant to the provisions of this
chapter and for verifying that reports are complete and submitted on time. As
part of the system referred to in this subsection, the general registrar for
each county and city shall be required, in accordance with instructions provided
by the Board, to receive, catalog, and review the reports filed with the general
registrar and to verify that the reports are complete and submitted on time.

D. The State Board, and the general registrar in accordance with the
instructions of the State Board, (i) shall assess and collect the civil
penalties provided in Article 8 (&#xA7; 24.2-953 et seq.) and (ii) if unable to
collect the penalty, shall report the violation to the appropriate attorney for
the Commonwealth for enforcement.

E. The State Board, or the general registrar in accordance with the instructions
of the State Board, shall notify, no later than 21 days after the report due
date, any person submitting an incomplete report of the need for additional
information. The State Board, or the general registrar in accordance with the
instructions of the State Board, may request additional information to correct
obvious mathematical errors and to fulfill the requirements for information on
the reports.

F. Upon notice of a violation of this chapter, the State Board or the general
registrar shall within 90 days of the report deadline notify the appropriate
attorney for the Commonwealth, who shall initiate civil proceedings to enforce
the civil penalties assessed by the State Board or the general registrar as
provided herein. Any civil penalties collected pursuant to action by the State
Board shall be payable to the State Treasurer for deposit to the general fund,
and any civil penalties collected pursuant to action by a general registrar
shall be payable to the treasurer of the locality for deposit to its general
fund.

G. In the case of any political committee that is required to file a statement
of organization pursuant to this chapter, the State Board shall be authorized to
waive a penalty that has been assessed if the filer demonstrates that there
exists good cause to waive the penalty.

H. The State Board shall notify the public through its official Internet website
of any violation based on the failure to file a required report by a candidate
for statewide office or the General Assembly and the identity of the violator.

I. The State Board shall determine the schedule of civil penalties required to
be followed by its staff and general registrars in assessing penalties under
this chapter. No election official or staff may waive or reduce such penalties,
except as provided in &#xA7; 24.2-946.4.

HISTORY: 1975, c. 515, § 24.1-262; 1979, c. 370, § 24.1-263; 1990, c. 976;
1991, c. 709; 1993, cc. 393, 641, §§ 24.2-928, 24.2-929; 1994, cc. 752, 903;
1995, c. 785; 1996, cc. 395, 405; 1998, c. 153; 2000, cc. 511, 555; 2001, cc.
620, 635, 648; 2002, c. 468; 2004, cc. 457, 480; 2005, cc. 9, 371, 676, 745;
2006, cc. 787, 892; 2015, cc. 644, 645.