HB310INTRODUCED
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HB310
I3XYMZW-1
By Representative Lamb
RFD: Ethics and Campaign Finance
First Read: 20-Feb-25
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5 I3XYMZW-1 02/18/2025 PMG (L)ccr 2025-887
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First Read: 20-Feb-25
SYNOPSIS:
Under the Fair Campaign Practices Act, the
Secretary of State must notify a person in violation of
the act by certified mail, even when the amount of
civil penalties being imposed exceeds the cost of
mailing the notice.
This bill would authorize the Secretary of State
to impose civil penalties by notifying the person via
email and limiting certified mail notice to those
penalties imposed that exceed the cost of sending by
certified mail.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Fair Campaign Practices Act; to amend
Section 17-5-19.1, Code of Alabama 1975, to authorize the
Secretary of State to provide electronic notice of imposed
civil penalties in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 17-5-19.1, Code of Alabama 1975, is
amended to read as follows:
"§17-5-19.1
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"§17-5-19.1
(a) The Secretary of State shall levy a civil penalty
against any person who fails to timely file a report required
by this chapter and who does not remedy the filing of the
report pursuant to subsection (h). The State Ethics Commission
may levy an administrative penalty against any person who
files a materially inaccurate report required by this chapter
and who does not remedy the filing of the report pursuant to
subsection (g).
(b) The schedule of civil penalties shall be as
follows:
(1) The lesser of three hundred dollars ($300) or 10
percent of the amount of contributions or expenditures not
properly reported for a first offense in an election cycle.
(2) The lesser of six hundred dollars ($600) or 15
percent of the amount of contributions or expenditures not
properly reported for a second offense in an election cycle.
(3) The lesser of one thousand two hundred dollars
($1,200) or 20 percent of the amount of contributions or
expenditures not properly reported for a third or subsequent
offense in an election cycle.
(c) A fourth failure to timely or accurately file a
report in an election cycle shall create a rebuttable
presumption of intent to violate the reporting requirements of
this chapter. The Secretary of State shall notify the Attorney
General and the appropriate district attorney of all persons
who violate the filing requirements four or more times in an
election cycle.
(d) Upon imposition of a civil penalty pursuant to this
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(d) Upon imposition of a civil penalty pursuant to this
section, the Secretary of State shall send the person upon
whom the penalty is being imposed proper notification by
certified mail of the imposition of the penalty. If an
electronic mail to the email address is on file with the
Secretary of State, the Secretary of State shall also provide
notification by electronic mail filed with the statement
showing the political action committee pursuant to Section
17-5-3 or principal campaign committee pursuant to Section
17-5-4, which shall be kept current by the committee. In the
event an imposed penalty exceeds the cost of certified mail,
proper notification must additionally be sent via certified
mail to the address filed with the statement showing the
political action committee or the principal campaign
committee, which shall also be kept current by the committee .
(e) Civil penalties levied shall be paid to the
Secretary of State within 45 days of the finality of any
review. The Secretary of State, through his or her attorney,
may institute proceedings to recover any penalties ordered
pursuant to this section that are not paid by, or on behalf
of, the person against whom they are levied and may collect
necessary fees and costs associated with the collection
action.
(f) All penalties collected by the Secretary of State
shall be distributed to the State General Fund.
(g) A person who voluntarily files an amended report to
correct an error in an otherwise timely filed report without
being prompted by the Secretary of State shall not have
committed an offense or be subjected to a civil penalty under
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committed an offense or be subjected to a civil penalty under
this section, so long as, in the case of a candidate, the
corrected report is filed prior to the election at issue, and
so long as, in the case of a political action committee, the
corrected report is filed prior to the close of the calendar
year.
(h) Failure to file a timely report shall not be
considered an offense or subjected to a civil penalty pursuant
to subsection (a) so long as it is the first failure by that
candidate or political action committee for the election cycle
and the report is filed within 48 hours of the time it was
due.
(i) Any penalties assessed pursuant to this section may
be paid with campaign funds."
Section 2. This act shall become effective on October
1, 2025.
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