2012 Delaware Code
Title 15 - Elections
CHAPTER 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Subchapter V. Enforcement
§ 8043. Violations; penalties; jurisdiction in Superior Court.

(a) Any person who knowingly violates any provision of § 8003, § 8004 or § 8005 of this title shall be guilty of a class B misdemeanor.

(b) Any person who knowingly accepts or knowingly makes an unlawful contribution or expenditure in violation of any provision of subchapter II or III of this title shall be guilty of a class A misdemeanor.

(c) Any candidate or treasurer who knowingly files any report required by § 8023 or subchapter IV of this chapter that is false in any material respect, or fails to file any such report shall be guilty of a class A misdemeanor.

(d) Any person who knowingly violates any provision of § 8006 of this title shall be guilty of a class G felony.

(e) A candidate or treasurer who reasonably relies upon information provided by another person which is inaccurate, false or misleading and who has no reason to know that such information was inaccurate, false or misleading, shall not be liable for any report filed by such candidate or treasurer which is inaccurate, false or misleading as a result of such information, if such candidate or treasurer, within 30 days after learning that such information was inaccurate, false or misleading, files an amended report with the Commissioner that corrects the inaccurate, false or misleading aspects of the report filed by the candidate or treasurer. Where a candidate or treasurer files an amended report later than 30 days after learning that such information was inaccurate, false or misleading, the candidate or treasurer shall not be liable if the candidate or treasurer shows good cause for filing the amended report beyond the 30-day period.

(f) The Superior Court shall have jurisdiction over all offenses under this chapter.

(g) A candidate and a treasurer shall report immediately to the Commissioner and the Attorney General any attempt to make a prohibited contribution, or to demand a prohibited expenditure, where such attempt is made with intent to violate this chapter.

(h) A candidate or a treasurer who receives a prohibited contribution or makes a prohibited expenditure without any intention to violate this chapter, but who returns the contribution or reimburses the political committee for such expenditure within 7 days after learning that the contribution or expenditure was prohibited, shall not be liable for any violation of this chapter.

59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;