CHAPTER 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Subchapter V. Enforcement
§ 8040. Certificates of election.
No certificate of election shall be granted to any candidate until the Superior Court has certified that such candidate has
caused to be filed all reports required by § 8030 of this title to be filed prior to the election.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 8041. Duties and powers of Commissioner.
The Commissioner shall:
(1) Make and publish such rules and regulations not inconsistent with the provisions of this chapter as are necessary to implement
and enforce this chapter. Upon their adoption under the provisions of the Administrative Procedures Act [Title 29, Chapter
101], such rules and regulations shall have the force and effect of law.
(2) At the request of any person, make a ruling that applies this chapter to a set of facts specified by the person. The entire
such ruling shall be made in writing, and a copy thereof shall be made available to any person, except that the identity of
the person that requested the ruling shall not be disclosed without the person's consent. Copies of the ruling shall be mailed
immediately to the Governor, the Attorney General and the chair of each political party entitled to be listed on any general
election ballot under § 3001 of this title. Within 7 days after any such ruling is made, a summary thereof shall be mailed
to each candidate having a committee which has not completed its activities on file in the office of the Commissioner and
shall be distributed to any person who has, within the previous 12 months, requested distribution of such summaries. Any candidate
or treasurer who reasonably and in good faith acts in reliance upon any ruling requested by that candidate or treasurer pursuant
to this section, shall not be liable nor subject to any penalty with respect to conduct conforming to the ruling, provided
there was a full disclosure to the Commissioner of all material facts necessary for the ruling.
(3) Mail to the treasurer of every political committee, to every candidate for whom a political committee has been formed,
and to every candidate who has notified the Commissioner of the candidate's candidacy under § 3101 of this title, a copy of
this chapter, the rules and regulations thereunder and a concise explanation of their terms, responsibilities and penalties,
not later than 15 days after such political committee has been formed or such candidate has filed for office. In January of
every election year, the Commissioner shall send similar documents to the chairs of all political parties' legally recognized
political party subdivisions, down to the local organizing district level.
(4) Retain and permit public inspection of all reports required to be filed under this chapter for 10 years after the end
of the calendar year to which they pertain.
67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8042. Civil remedies.
For purposes of any civil remedy on behalf of any injured person, the Court of Chancery shall have jurisdiction.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 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.;
§ 8044. Tardy reports.
Any candidate, political committee or other person that fails to file or deliver to the Commissioner any report required by
§ 8023 or § 8030 of this title shall be assessed a fine by the Commissioner of $50 per month, or fraction thereof, that such
report is tardy in delivery to the Commissioner. Within 30 days after the Commissioner assesses such a fine, such person shall
have the opportunity to show the Commissioner that such tardiness was due to reasonable cause and not wilful neglect. Such
fine shall constitute a debt due and owing the State, assessable by the Commissioner and recoverable against the committee,
its treasurer or, in the case of a candidate committee, the candidate, or in the case of an independent expenditure, the person
making such expenditure.
67 Del. Laws, c. 449, § 1.;
§ 8045. Attorney General candidates.
Whenever it shall be alleged that an offense under this chapter has been committed by a candidate for the Office of Attorney
General of Delaware, if the Chancellor of the State of Delaware finds probable cause, based on sworn information, to believe
this chapter has been violated, a member of the Bar of the Supreme Court of the State of Delaware shall be appointed as independent
counsel by the Chancellor. Such independent counsel shall have the authority to prosecute any violation of this chapter that
has been committed by any candidate for the Office of Attorney General.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 8046. Short title.
This chapter shall be known as the "Campaign Financing and Disclosure Act of 1990."
CHAPTER 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Subchapter V. Enforcement
§ 8040. Certificates of election.
No certificate of election shall be granted to any candidate until the Superior Court has certified that such candidate has
caused to be filed all reports required by § 8030 of this title to be filed prior to the election.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 8041. Duties and powers of Commissioner.
The Commissioner shall:
(1) Make and publish such rules and regulations not inconsistent with the provisions of this chapter as are necessary to implement
and enforce this chapter. Upon their adoption under the provisions of the Administrative Procedures Act [Title 29, Chapter
101], such rules and regulations shall have the force and effect of law.
(2) At the request of any person, make a ruling that applies this chapter to a set of facts specified by the person. The entire
such ruling shall be made in writing, and a copy thereof shall be made available to any person, except that the identity of
the person that requested the ruling shall not be disclosed without the person's consent. Copies of the ruling shall be mailed
immediately to the Governor, the Attorney General and the chair of each political party entitled to be listed on any general
election ballot under § 3001 of this title. Within 7 days after any such ruling is made, a summary thereof shall be mailed
to each candidate having a committee which has not completed its activities on file in the office of the Commissioner and
shall be distributed to any person who has, within the previous 12 months, requested distribution of such summaries. Any candidate
or treasurer who reasonably and in good faith acts in reliance upon any ruling requested by that candidate or treasurer pursuant
to this section, shall not be liable nor subject to any penalty with respect to conduct conforming to the ruling, provided
there was a full disclosure to the Commissioner of all material facts necessary for the ruling.
(3) Mail to the treasurer of every political committee, to every candidate for whom a political committee has been formed,
and to every candidate who has notified the Commissioner of the candidate's candidacy under § 3101 of this title, a copy of
this chapter, the rules and regulations thereunder and a concise explanation of their terms, responsibilities and penalties,
not later than 15 days after such political committee has been formed or such candidate has filed for office. In January of
every election year, the Commissioner shall send similar documents to the chairs of all political parties' legally recognized
political party subdivisions, down to the local organizing district level.
(4) Retain and permit public inspection of all reports required to be filed under this chapter for 10 years after the end
of the calendar year to which they pertain.
67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8042. Civil remedies.
For purposes of any civil remedy on behalf of any injured person, the Court of Chancery shall have jurisdiction.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 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.;
§ 8044. Tardy reports.
Any candidate, political committee or other person that fails to file or deliver to the Commissioner any report required by
§ 8023 or § 8030 of this title shall be assessed a fine by the Commissioner of $50 per month, or fraction thereof, that such
report is tardy in delivery to the Commissioner. Within 30 days after the Commissioner assesses such a fine, such person shall
have the opportunity to show the Commissioner that such tardiness was due to reasonable cause and not wilful neglect. Such
fine shall constitute a debt due and owing the State, assessable by the Commissioner and recoverable against the committee,
its treasurer or, in the case of a candidate committee, the candidate, or in the case of an independent expenditure, the person
making such expenditure.
67 Del. Laws, c. 449, § 1.;
§ 8045. Attorney General candidates.
Whenever it shall be alleged that an offense under this chapter has been committed by a candidate for the Office of Attorney
General of Delaware, if the Chancellor of the State of Delaware finds probable cause, based on sworn information, to believe
this chapter has been violated, a member of the Bar of the Supreme Court of the State of Delaware shall be appointed as independent
counsel by the Chancellor. Such independent counsel shall have the authority to prosecute any violation of this chapter that
has been committed by any candidate for the Office of Attorney General.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 8046. Short title.
This chapter shall be known as the "Campaign Financing and Disclosure Act of 1990."
CHAPTER 80. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Subchapter V. Enforcement
§ 8040. Certificates of election.
No certificate of election shall be granted to any candidate until the Superior Court has certified that such candidate has
caused to be filed all reports required by § 8030 of this title to be filed prior to the election.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 8041. Duties and powers of Commissioner.
The Commissioner shall:
(1) Make and publish such rules and regulations not inconsistent with the provisions of this chapter as are necessary to implement
and enforce this chapter. Upon their adoption under the provisions of the Administrative Procedures Act [Title 29, Chapter
101], such rules and regulations shall have the force and effect of law.
(2) At the request of any person, make a ruling that applies this chapter to a set of facts specified by the person. The entire
such ruling shall be made in writing, and a copy thereof shall be made available to any person, except that the identity of
the person that requested the ruling shall not be disclosed without the person's consent. Copies of the ruling shall be mailed
immediately to the Governor, the Attorney General and the chair of each political party entitled to be listed on any general
election ballot under § 3001 of this title. Within 7 days after any such ruling is made, a summary thereof shall be mailed
to each candidate having a committee which has not completed its activities on file in the office of the Commissioner and
shall be distributed to any person who has, within the previous 12 months, requested distribution of such summaries. Any candidate
or treasurer who reasonably and in good faith acts in reliance upon any ruling requested by that candidate or treasurer pursuant
to this section, shall not be liable nor subject to any penalty with respect to conduct conforming to the ruling, provided
there was a full disclosure to the Commissioner of all material facts necessary for the ruling.
(3) Mail to the treasurer of every political committee, to every candidate for whom a political committee has been formed,
and to every candidate who has notified the Commissioner of the candidate's candidacy under § 3101 of this title, a copy of
this chapter, the rules and regulations thereunder and a concise explanation of their terms, responsibilities and penalties,
not later than 15 days after such political committee has been formed or such candidate has filed for office. In January of
every election year, the Commissioner shall send similar documents to the chairs of all political parties' legally recognized
political party subdivisions, down to the local organizing district level.
(4) Retain and permit public inspection of all reports required to be filed under this chapter for 10 years after the end
of the calendar year to which they pertain.
67 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8042. Civil remedies.
For purposes of any civil remedy on behalf of any injured person, the Court of Chancery shall have jurisdiction.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 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.;
§ 8044. Tardy reports.
Any candidate, political committee or other person that fails to file or deliver to the Commissioner any report required by
§ 8023 or § 8030 of this title shall be assessed a fine by the Commissioner of $50 per month, or fraction thereof, that such
report is tardy in delivery to the Commissioner. Within 30 days after the Commissioner assesses such a fine, such person shall
have the opportunity to show the Commissioner that such tardiness was due to reasonable cause and not wilful neglect. Such
fine shall constitute a debt due and owing the State, assessable by the Commissioner and recoverable against the committee,
its treasurer or, in the case of a candidate committee, the candidate, or in the case of an independent expenditure, the person
making such expenditure.
67 Del. Laws, c. 449, § 1.;
§ 8045. Attorney General candidates.
Whenever it shall be alleged that an offense under this chapter has been committed by a candidate for the Office of Attorney
General of Delaware, if the Chancellor of the State of Delaware finds probable cause, based on sworn information, to believe
this chapter has been violated, a member of the Bar of the Supreme Court of the State of Delaware shall be appointed as independent
counsel by the Chancellor. Such independent counsel shall have the authority to prosecute any violation of this chapter that
has been committed by any candidate for the Office of Attorney General.
59 Del. Laws, c. 580, § 1; 67 Del. Laws, c. 449, § 1.;
§ 8046. Short title.
This chapter shall be known as the "Campaign Financing and Disclosure Act of 1990."
