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's reportable contributions or the total of the filer'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.
2006, cc. 787, 892; 2013, c. 542; 2015, cc. 644, 645.
Structure Code of Virginia
Chapter 9.3 - Campaign Finance Disclosure Act of 2006
§ 24.2-945. Elections to which chapter applicable; chapter exclusive
§ 24.2-945.2. Persons required to file independent expenditure disclosure reports; filing deadline
§ 24.2-946. (Effective until January 1, 2024) Summary of election laws; forms; instructions
§ 24.2-946. (Effective January 1, 2024) Summary of election laws; forms; instructions
§ 24.2-946.2. Custody of reports; inspection and copying; exception for certain information
§ 24.2-946.3. Reporting of certain violations; penalties
§ 24.2-946.4. Right to grant extensions in special circumstances
§ 24.2-946.5. Dormant committees
§ 24.2-947. Candidate election cycle
§ 24.2-947.1. Statement of organization
§ 24.2-947.2. Campaign depositories; reimbursements of expenses; petty cash fund
§ 24.2-947.4. Information to be included on campaign finance reports for campaign committees
§ 24.2-947.4:1. Loans to candidate campaign committees; prohibited interest payments; civil penalty
§ 24.2-947.5. With whom candidates file reports; electronic filing requirement
§ 24.2-947.6. Filing schedule for candidates for office; November elections
§ 24.2-947.7. Filing schedule for candidates for office; May elections
§ 24.2-947.8. Filing requirements for special elections
§ 24.2-947.9. Special report required of certain large pre-election contributions
§ 24.2-947.10. Filing requirements for persons with multiple campaign committees
§ 24.2-947.11. Special report required of certain large pre-legislative session contributions
§ 24.2-948.2. Reports as condition to qualification for office
§ 24.2-948.4. Final report requirement; disbursement of surplus funds
§ 24.2-948.5. (Effective January 1, 2024) Reviews of campaign finance reports and records
§ 24.2-949. Political action committee election cycle
§ 24.2-949.1. Establishment of political action committees by certain entities
§ 24.2-949.2. Statement of organization for a political action committee
§ 24.2-949.3. Use of candidate's name in name of political committee
§ 24.2-949.4. Political action committee treasurer requirements and responsibilities
§ 24.2-949.5. Information to be included on campaign finance reports for political action committees
§ 24.2-949.6. Filing schedule for political action committees
§ 24.2-949.7. Large dollar contribution reporting requirement for political action committees
§ 24.2-949.8. With whom political action committees file reports; electronic filing requirement
§ 24.2-949.9. Final report requirement; disbursement of surplus funds
§ 24.2-949.10. Out-of-state political committees; statements of organization
§ 24.2-949.11. Out-of-state political committees; reporting requirements
§ 24.2-949.12. Out-of-state political committees; additional requirements
§ 24.2-950. Political party committee election cycle
§ 24.2-950.1. Certain political party committees exempt
§ 24.2-950.2. Statement of organization for a political party committee
§ 24.2-950.3. Political party committee treasurer requirements and responsibilities
§ 24.2-950.4. Information to be included on campaign finance reports for political party committees
§ 24.2-950.6. Filing schedule for political party committees
§ 24.2-950.7. Large dollar reporting requirement for political party committees
§ 24.2-950.8. With whom political party committees file reports
§ 24.2-950.9. Final report requirement; transfer of surplus funds
§ 24.2-951. Referendum committee election cycle; political advertisement requirements
§ 24.2-951.1. Statement of organization for a referendum committee
§ 24.2-951.2. Referendum committee treasurer requirements and responsibilities
§ 24.2-951.3. Information to be included on campaign finance reports for referendum committees
§ 24.2-951.7. Large dollar contribution reporting requirement for referendum committees
§ 24.2-951.8. With whom referendum committees file reports; electronic filing requirement
§ 24.2-951.9. Final report requirement; disbursement of surplus funds
§ 24.2-952. General provisions
§ 24.2-952.1. Statement of organization for an inaugural committee
§ 24.2-952.2. Inaugural committee treasurer requirements and responsibilities
§ 24.2-952.3. Information to be included on campaign finance reports for inaugural committees
§ 24.2-952.4. Filing schedule for inaugural committees
§ 24.2-952.5. Large dollar contribution reporting requirement for inaugural committees
§ 24.2-952.6. With whom inaugural committees file reports; electronic filing requirement
§ 24.2-952.7. Final report requirement; disbursement of surplus funds
§ 24.2-953. General provisions
§ 24.2-953.1. Failure to file the required reports
§ 24.2-953.2. Late filing of required reports
§ 24.2-953.3. Incomplete reports
§ 24.2-953.4. Additional civil penalties for late and incomplete filings for statewide campaigns