N.J. Admin. Code § 19:25-17.3B

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

Section 19:25-17.3B - Late filing of reports or reporting transactions

(a) The Commission shall consider the late filing of a report or reporting transaction a less egregious offense than the failure to file that report or that reporting transaction.

(b) In determining the amount of a penalty to be imposed pursuant to 19:25-17.3 for late filing of a Candidate--Sworn Statement (Form A-1), a Joint Candidates Committee--Sworn Statement (Form A-2), a Committee--Sworn Statement (Form A-3), or a Recall Committee--Sworn Statement (Form A-4), the Commission shall consider the following factors:

1. Failure to provide preelection reporting or disclosure;

2. The number of days late; and

3. The presence or absence of any expenditures.

(c) In determining the amount of a penalty to be imposed pursuant to 19:25-17.3 for late filing of a Report of Contributions and Expenditures (Form R-1), a Receipts and Expenditures Quarterly Report (Form R-3), a Report of Independent Expenditures (Form IND), a Supplemental Contributor Information (Form C-1), or a Supplemental Contributor Information (Form C-3), the Commission shall impose a penalty that is a proportion of the amount of each contribution and expenditure reporting transaction that was reported late, subject to (d) below. The proportion to be imposed by the Commission shall be based upon the following factors:

1. Failure to provide preelection reporting or disclosure;

2. The number of days late; and

3. The dollar amount reported late.

(d) In determining the amount of a penalty to be imposed pursuant to N.J.A.C. 19:25-17.3 for a Supplemental Contributor and Expenditure Information (Form 72/24-HR), a Supplemental Contributor Information (Form C-1), a Supplemental Contributor Information (Form C-3), a Supplemental Expenditure Information (Form E-1), a Continuing Political Committee Supplemental Expenditure Information (Form E-3), or any other report which was required to be filed for the purpose of preelection 72/24-hour notice of the receipt of a contribution or the making of an expenditure immediately before an election, pursuant to N.J.A.C. 19:25-8.6, 8.6A, 8.9, 8.10, 9.3, 9.4, 9.4A, or 12.8A, and where such report was filed after the date of the election, the Commission shall treat the failure to file such report on or prior to the date of the election as a failure to file, subject to the penalties provided at N.J.A.C. 19:25-17.3A(e).

(e) In determining the amount of a penalty to be imposed pursuant to 19:25-17.3 for late filing of any other report or reporting transaction not described in (b) through (d) above, the Commission shall consider the late filing of a report or reporting transaction pertinent to contributions or expenditures to be a more serious offense than the late filing of other reporting transactions, such as the late filing of the name or mailing address of the bank at which a campaign or organizational depository has been established.

N.J. Admin. Code § 19:25-17.3B

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 56N.J.R. 1109(b), effective 6/17/2024