2019 New York Laws
ELN - Election
Article 14 - Campaign Receipts and Expenditures
14-126 - Violations; Penalties.

§ 14-126. Violations; penalties. 1. (a) Any person who fails to file a
statement  required  to  be  filed by this article shall be subject to a
civil penalty, not in excess of one thousand dollars, to be  recoverable
in  a  special  proceeding  or  civil  action to be brought by the chief
enforcement counsel pursuant to section  16-114  of  this  chapter.  Any
person  who,  three or more times within a given election cycle for such
term of office, fails to file a statement or statements required  to  be
filed  by  this  article,  shall  be  subject to a civil penalty, not in
excess of ten thousand dollars, to be recoverable  as  provided  for  in
this subdivision.
  (b)  All payments received by the state board of elections pursuant to
this section shall be retained in the appropriate accounts as designated
by the division of the budget for enforcement activities by the board of
elections.
  2. Any person who, acting as or on behalf of a candidate or  political
committee,  under  circumstances evincing an intent to violate such law,
unlawfully accepts a contribution in excess of a contribution limitation
established in this article, shall be required  to  refund  such  excess
amount  and  shall  be  subject  to  a civil penalty equal to the excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special proceeding or civil action to be brought by the state  board  of
elections chief enforcement counsel.
  * 3.  Any person who falsely identifies or knowingly fails to identify
any independent expenditure as required by subdivision  two  of  section
14-107  of  this  article  shall be subject to a civil penalty up to one
thousand dollars or up to the cost of the  communication,  whichever  is
greater,  in  a  special proceeding or civil action brought by the state
board of elections chief enforcement counsel pursuant to  paragraph  (a)
of  subdivision  five  of section 3-104 of this chapter. For purposes of
this subdivision, the term  "person"  shall  mean  a  person,  group  of
persons, corporation, unincorporated business entity, labor organization
or  business,  trade  or  professional  association  or  organization or
political committee.
  * NB Effective until January 1, 2020
  * 3. Any person who falsely identifies or knowingly fails to  identify
any  independent  expenditure  as required by subdivision two of section
14-107 of this article or any political committee as required in section
14-106 of this article shall be subject to a civil  penalty  up  to  one
thousand  dollars  or  up to the cost of the communication, whichever is
greater, in a special proceeding or civil action brought  by  the  state
board  of  elections chief enforcement counsel pursuant to paragraph (a)
of subdivision five of section 3-104 of this chapter.  For  purposes  of
this  subdivision,  the  term  "person"  shall  mean  a person, group of
persons, corporation, unincorporated business entity, labor organization
or business,  trade  or  professional  association  or  organization  or
political committee.
  * NB Effective January 1, 2020
  3-a.  Any  person  who,  acting  as  or  on  behalf  of an independent
expenditure committee or a political  action  committee,  knowingly  and
willfully  violates  the  provisions of section 14-107-a of this article
shall be subject to a civil penalty, up to one thousand dollars or up to
the cost of the communication, whichever is greater, to  be  recoverable
in a special proceeding or civil action to be brought by the state board
of elections.
  4.  Any  person  who knowingly and willfully fails to file a statement
required to be filed by this article within  ten  days  after  the  date
provided  for  filing  such  statement  or  any person who knowingly and

willfully violates any other provision of this article shall  be  guilty
of a misdemeanor.
  5. Any person who knowingly and willfully contributes, accepts or aids
or  participates  in  the  acceptance  of  a  contribution  in an amount
exceeding an applicable maximum  specified  in  this  article  shall  be
guilty of a class A misdemeanor.
  6.  Any person who shall, acting on behalf of a candidate or political
committee, knowingly and willfully solicit, organize or  coordinate  the
formation  of  activities  of  one or more unauthorized committees, make
expenditures in connection with the nomination for election or  election
of  any  candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
  7. Any online platform that fails to comply with the  requirements  of
section  14-107-b of this article shall be subject to a civil penalty up
to one thousand dollars for each violation in a  special  proceeding  or
civil  action  brought by the state board of elections chief enforcement
counsel pursuant to paragraph (a) of subdivision five of  section  3-104
of this chapter.