[§11-213.5]  Failure to file report;filing a substantially defective or deficient report.  (a)  True andaccurate reports shall be filed with the commission on or before the due datespecified in this subpart.  Any committee that is required to file reportsunder this subpart shall be subject to the penalties in this section if thereport is not filed by the due date or if the report is substantially defectiveor deficient, as determined by the commission.

(b)  The penalty for not filing a report by thedue date shall be $50 per day for the first seven days, beginning with the dayafter the due date of the report, and $200 per day thereafter, not to exceedtwenty-five per cent of the total amount of contributions or expenditures,whichever is greater, for the period covered by the report; provided that theminimum penalty for a report filed more than four days after the due date shallbe $200.

(c)  Subsection (b) notwithstanding, if acandidate's committee does not file the second preliminary primary report orthe preliminary general report or if a noncandidate committee does not file thepreliminary primary report or the preliminary general report by the due date,the fine shall be $300 per day, not to exceed twenty-five per cent of the totalamount of contributions or expenditures, whichever is greater, for the periodcovered by the report; provided that the minimum penalty shall be $300.

(d)  If the commission determines that a reportis substantially defective or deficient, the commission shall notify thecandidate's committee by first class mail that:

(1)  The report is substantially defective ordeficient; and

(2)  A penalty may be assessed.

(e)  If the corrected report is not filed withthe commission's electronic filing system on or before the fourteenth day afterthe notice of deficiency has been mailed, the penalty for a substantiallydefective or deficient report shall be $50 per day for the first seven days,beginning with the fifteenth day after the notice was sent, and $200 per daythereafter, not to exceed twenty-five per cent of the total amount ofcontributions or expenditures, whichever is greater, for the period covered bythe report; provided that the minimum penalty for not filing a corrected reportmore than eighteen days after the notice was sent shall be $200.

(f)  The commission shall publish on itswebsite the names of all candidate's committees that have failed to file areport or to correct a report within the time allowed by the commission.

(g)  All penalties collected under this sectionshall be deposited into the general fund. [L 2008, c 244, §23]