                                 CODE OF VIRGINIA

INCOMPLETE REPORTS (§ 24.2-953.3)

A. In the case of a violation of this chapter that relates to the filing of an
incomplete report, the violator shall be subject to a civil penalty not to
exceed $500 unless a greater penalty is imposed pursuant to this section.
However the civil penalty shall in no case exceed $500 unless the total of the
filer&#8217;s reportable contributions or the total of the filer&#8217;s
reportable expenditures is $10,000 or more.

B. Prior to assessing a penalty pursuant to this section for the filing of an
incomplete report, the Commissioner of Elections or the general registrar shall
notify, by certified mail, the candidate and treasurer, or person or political
committee required to file a report with that board, that a filed report has not
been completed, citing the omissions from the report. No penalty shall be
assessed if the information required to complete the report is filed within 10
days of the date of mailing the written notice.

C. If the information required to complete the report is not filed within the
10-day period, the Commissioner of Elections or the general registrar shall then
assess against the candidate and treasurer, who shall be jointly and severally
liable, or person or political committee required to file a report, a civil
penalty not to exceed $500. The Commissioner of Elections or the general
registrar shall consider the following factors in determining the civil penalty
assessed: the number of omissions, the amount of money involved, and the
proportion of contributions or expenditures containing omissions.

D. The Commissioner of Elections or the general registrar may grant an
additional period for compliance, not to exceed two weeks, to permit the
completion of a filed report for good cause shown and in response to a request
filed within the 10-day period. However, no additional period shall be granted
thereafter for compliance.

E. The civil penalty assessed for filing an incomplete report shall be increased
by $500 every 60 days following the date for compliance established pursuant to
this section and until compliance is complete. If the failure to comply
continues for more than 120 days following the date for compliances established
pursuant to this section, there shall be a rebuttable presumption that the
violation was willful, and the matter shall be forwarded to the appropriate
attorney for the Commonwealth.

F. The civil penalty assessed for filing any subsequent incomplete report (i)
that is filed more than 20 days after notice has been given of a violation or
(ii) that is filed during the 60 days prior to the elections for which the
person is a candidate shall be $1,000.

G. The State Board shall notify the public through its official Internet website
of a failure to file a complete report by a candidate for statewide office or
the General Assembly and the identity of the violator following the date for
compliance established pursuant to this section.

HISTORY: 2006, cc. 787, 892; 2013, c. 542; 2015, cc. 644, 645.