[EL] Administrative fines for campaign-finance violations

[Dan Meek]

Oregon has that system. The Secretary of State can administratively 
impose fines for lateness, inaccuracy, or a variety of other 
violations.  The accused can either just pay or request a hearing, which 
is conducted by an "Administrative Law Judge" (ALJ).  The ALJ compiles 
the record and conducts the adjudicative hearing, but the Secretary of 
State at the end of that process decides the case. The Secretary of 
State is thus both prosecutor and judge.

The Secretary of State's decision can be appealed to the Oregon Court of 
Appeals, and the filing fee is only about $400.

Dan Meek

	503-293-9021 	dan at meek.net <mailto:dan at meek.net>	855-280-0488 fax


On 6/14/2015 2:40 PM, Edward Still wrote:
> The Alabama Legislature has just passed amendments to our Fair 
> Campaign Practices Act. Among the changes is a section that allows the 
> Secretary of State (who receives the FCPA reports) to impose a fine 
> for a late report and allows the Ethics Commission to impose a fine 
> for a materially inaccurate report. The campaign organization may 
> appeal to the Ethics Commission which may set aside or reduce a civil 
> penalty upon a showing of good cause.
>
> The Ethics Commission will have a small staff: a director, 2 lawyers, 
> and 8 investigators.
>
> Do you know any of states with small campaign-finance agencies that 
> may impose fines and hear appeals from those fines? I am trying to 
> figure out how the Commission is going to avoid entangling the 
> prosecutorial and adjudicative functions.
>
> Edward Still
> Edward Still Law Firm LLC
> 429 Green Springs Hwy, STE 161-304
> Birmingham AL 35209
> 205-320-2882 <tel:205-320-2882>
> still at votelaw.com <mailto:still at votelaw.com>
> www.votelaw.com/blog <http://www.votelaw.com/blog>
> www.edwardstill.com <http://www.edwardstill.com>
> www.linkedin.com/in/edwardstill <http://www.linkedin.com/edwardstill>
>
>
>
>
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