N.J. Admin. Code § 19:25-17.3C

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:25-17.3C - Other penalty factors

(a) In determining the amount of a penalty to be imposed pursuant to 19:25-17.3, 17.3A and 17.3B, the Commission shall consider the factors described in (b) through (f) below.

(b) The Commission shall consider previous offenses on record in Commission Final Decisions against a candidate, political committee, continuing political committee, political party committee, or legislative leadership committee.

(c) The Commission shall consider the amounts of penalties imposed in prior cases for similar offenses committed under similar circumstances.

(d) The Commission shall consider aggravating circumstances, which shall include, but not be limited to, the following:

1. Failing to disclose or delaying disclosure of a preelection reporting transaction until after the date of the election;

2. Delaying disclosure of a reporting transaction for any material reason pertinent to the election or political interest of the candidate or committee;

3. Gross neglect of reporting or recordkeeping responsibility;

4. Issuance of a subpoena intended to compel production of documents;

5. Failure to obey a subpoena to appear before the Commission or to produce records; and

6. Failure to cooperate with an investigation being conducted by the Commission.

(e) The Commission shall consider mitigating circumstances, which shall include, but not be limited to, the following:

1. The serious and unanticipated illness or unanticipated hospitalization of a candidate, campaign treasurer or organizational treasurer, or a member of the immediate family of a candidate, campaign treasurer or organizational treasurer at the time a report was required to be filed pursuant to the Act and this chapter; and

2. The undue financial hardship of a candidate, campaign treasurer, or organizational treasurer; and

3. Receipt of full or partial payment of a pending penalty amount prior to Commission Final Decision action.

(f) The Commission shall consider whether or not all required contributor information, such as occupation and employer information, has been filed for a reported contribution, or whether or not all required expenditure information, such as payee address and purpose information, has been filed for a reported expenditure.

N.J. Admin. Code § 19:25-17.3C

New Rule, R.2003 d.237, effective 6/16/2003.
See: 35 N.J.R. 1204(a), 35 N.J.R. 2736(a).
Amended by R.2010 d.062, effective 4/19/2010.
See: 41 N.J.R. 4682(a), 42 N.J.R. 811(a).
In (e)1, deleted a comma following the third occurrence of "treasurer" and substituted "Act" for "act" and "this chapter" for "these regulations".