24.2-955.3 - Penalties for violations of this chapter. - Virginia Statutes

§ 24.2-955.3. Penalties for violations of this chapter.

A. Any sponsor violating Article 2 (§ 24.2-956 et seq.) of this chapter shallbe subject to (i) a civil penalty not to exceed $1,000; or (ii) in the caseof a violation occurring within the 14 days prior to or on the election dayof the election to which the advertisement pertains, a civil penalty not toexceed $2,500. In the case of a willful violation, he shall be guilty of aClass 1 misdemeanor.

B. Any sponsor violating Article 3 (§ 24.2-957 et seq.) or 4 (§ 24.2-958 etseq.) of this chapter shall be subject to (i) a civil penalty not to exceed$1,000 per occurrence; or (ii) in the case of a violation occurring withinthe 14 days prior to or on the election day of the election to which theadvertisement pertains, a civil penalty not to exceed $2,500 per occurrence.In the case of a willful violation, he shall be guilty of a Class 1misdemeanor. In no event shall the total civil penalties imposed for multiplebroadcasts of one particular campaign advertisement exceed $10,000.

C. Any person violating Article 5 (§ 24.2-959 et seq.) of this chapter shallbe subject to a civil penalty not to exceed $2,500; and in the case of awillful violation, he shall be guilty of a Class 1 misdemeanor. A violationof the provisions of Article 5 of this chapter shall not void any election.

D. The State Board, in a public hearing, shall determine whether to find aviolation of this chapter and to assess a civil penalty. At least 10 daysprior to such hearing, the State Board shall send notice by certified mail topersons whose actions will be reviewed at such meeting and may be subject tocivil penalty. Notice shall include the time and date of the meeting, anexplanation of the violation, and the maximum civil penalty that may beassessed.

E. It shall not be deemed a violation of this chapter if the contents of thedisclosure legend or statement convey the required information.

F. Any civil penalties collected pursuant to an action under this sectionshall be payable to the State Treasurer for deposit to the general fund. Theprocedure to enforce the civil penalties provided in this section shall be asstated in § 24.2-946.3.

(2002, c. 487, §§ 24.2-943, 24.2-944; 2003, c. 237; 2004, cc. 55, 457; 2005,c. 369; 2006, cc. 787, 892; 2010, c. 546.)