A. If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the Campaign Reporting Act, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement.
B. With or without a referral from the secretary of state, the attorney general or district attorney may institute a civil action in district court for any violation of the Campaign Reporting Act or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution. An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of up to one thousand dollars ($1,000) for each violation not to exceed a total of twenty thousand dollars ($20,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution. Each unlawful solicitation and each unlawful contribution made or accepted shall be deemed a separate violation of the Campaign Reporting Act.
C. With or without a referral from the secretary of state, the attorney general or district attorney may institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Campaign Reporting Act other than that specified in Subsection B of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of up to one thousand dollars ($1,000) for each violation not to exceed a total of twenty thousand dollars ($20,000).
History: Laws 1995, ch. 153, § 19; 2019, ch. 262, § 11.
ANNOTATIONSTemporary provisions. — Laws 2019, ch. 262, § 16 provided that the secretary of state, in consultation with the attorney general, shall promulgate rules to implement the amendatory provisions of this act by August 1, 2019.
The 2019 amendment, effective July 1, 2019, increased the penalty for violations of the Campaign Reporting Act to not more than one thousand dollars ($1,000) for each violation, not to exceed twenty thousand dollars ($20,000); in Subsection B, added "With or without a referral from the secretary of state", after "civil penalty of", deleted "two hundred fifty dollars ($250)" and added "up to one thousand dollars ($1,000)", after "not to exceed", deleted "five thousand dollars ($5,000)" and added "a total of twenty thousand dollars ($20,000)"; and in Subsection C, added "With or without a referral from the secretary of state", after "civil penalty of", deleted "fifty dollars ($50.00)" and added "up to one thousand dollars ($1,000)", and after "not to exceed", deleted "five thousand dollars ($5,000)" and added "a total of twenty thousand dollars ($20,000)".