It is critical that candidates, treasurers, and others working on a candidate’s campaign take the time to complete the required training session, review FPPC Manual 2, and review other information about campaign finance rules. There can be serious consequences for failing to adhere to these rules.
Penalties
Any person who violates these rules may be subject to penalties. Penalties vary depending on the violation but can be as much as $5,000 per violation or three times the amount of money that was unlawfully received, spent, or not properly reported, whichever is greater.
Late Fees
In addition to any other penalties that may be imposed, late fees for filing campaign reports after the filing deadline are $10 per day for paper filings, and are limited to the amount of activity during the reporting period or $100, whichever is greater. The late fees for electronic statements is $25 per day and are limited to the cumulative amount reported for the period covered by the late statement or $250, whichever is greater.
Audits
Each candidate’s campaign activity may be subject to audit by the Ethics Commission, the FPPC, or the Franchise Tax Board. Audits are conducted to determine whether candidates complied with the law.
All candidates who receive public funding are audited by the Ethics Commission. The Ethics Commission will also audit additional non-publicly funded candidate committees from each election cycle. Upon notification of an audit, a committee must promptly provide the committee’s records. All records must be provided in electronic format, so candidates are advised to maintain all financial records in electronic format in preparation for audit.
Candidates and Treasurers should retain records related to contributions and expenditures for four years after the filing date of the campaign statement that disclosed the reported activity.
Failure to maintain accurate and complete committee campaign records may subject the committee to audit findings and penalties.