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expenditures for the filing period, whichever is greater, | | multiplied by the number of calendar days late, as follows: |
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| | | A. For the first violation, 1%; |
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| | | B. For the 2nd violation, 3%; and |
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| | | C. For the 3rd and subsequent violations, 5%. |
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| | | Any penalty of less than $5 is waived. |
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| | | Violations accumulate on reports with filing deadlines in a 2- | | year period that begins on January 1st of each even-numbered | | year. Waiver of a penalty does not nullify the finding of a | | violation. |
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| | | A report required to be filed under this subchapter that is sent | | by certified or registered United States mail and postmarked at | | least 2 days before the deadline is not subject to penalty. |
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| | | A registration or report may be provisionally filed by | | transmission of a facsimile copy of the duly executed report to | | the commission, as long as an original of the same report is | | received by the commission within 5 calendar days thereafter. |
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| | The penalty for late filing of an accelerated campaign finance | report as required in section 1017, subsection 3-B may be up to | but no more than 3 times the amount by which the contributions | received or expenditures obligated or made by the candidate | exceed the applicable Maine Clean Election Fund disbursement | amount, per day of violation. The commission shall make a | finding of fact establishing when the report was due prior to | imposing a penalty under this subsection. A penalty for failure | to file an accelerated campaign finance report must be made | payable to the Maine Clean Election Fund. In assessing a penalty | for failure to file an accelerated campaign finance report, the | commission shall consider the existence of mitigating | circumstances. For the purposes of this subsection, "mitigating | circumstances" has the same meaning as in subsection 2. |
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| | | Sec. 11. 21-A MRSA §1020-A, sub-§5-A, ¶¶C and D, as amended by PL 2003, | | c. 628, Pt. A, §4, are further amended to read: |
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| | | C. One thousand dollars for reports required under section | | 1017, subsection 2, paragraphs A and F and section 1017, | | subsection 3-A, paragraphs A and E; or |
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| | | D. Five hundred dollars for municipal, district and county | | committees for reports required under section 1017-A, | subsection 4-B; or. |
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