SB471 Alabama 2015 Session

Summary

Primary Sponsor

Rusty Glover

Republican

Session

Regular Session 2015

Title

Fair Campaign Practices Act, civil penalties for violations assessed by filing official, Sec. 17-5-19 am'd.

Summary

SB471 would require civil penalties for violations of the Fair Campaign Practices Act to be assessed by the filing official, with a defined penalty schedule and rules for collection and correction.

What This Bill Does

It maintains criminal penalties for intentional violations but shifts civil penalties to the filing official (such as the Secretary of State or a county judge of probate) to assess and collect. It establishes a tiered civil-penalty schedule: first offense $300 or 10% of the amount not properly reported; second offense $600 or 15%; third or subsequent offense $1,200 or 20%, with a fourth offense creating a rebuttable presumption of intent. It specifies where penalties go (county general fund for probate judges, State General Fund for the Secretary of State) and allows voluntary amendments to avoid penalties if corrected before the relevant election.

Who It Affects

• Individuals and entities that violate the Fair Campaign Practices Act (including candidates and political action committees) would face civil penalties and may face criminal penalties for intentional violations.
• Filing officials (Secretary of State and county probate judges) who assess and collect civil penalties, and the funds those penalties are distributed to (county general funds or State General Fund).

Key Provisions

• Civil penalties for failing to timely or accurately file a required report are set with a tiered schedule: first offense $300 or 10% of the amount not properly reported; second offense $600 or 15%; third or subsequent offense $1,200 or 20% of the amount not properly reported; a fourth failure creates a rebuttable presumption of intent.
• Civil penalties must be assessed by and paid to the appropriate filing official; penalties collected by a judge of probate go to the county general fund, and penalties collected by the Secretary of State go to the State General Fund.
• Voluntary filing to amend an error in a timely filed report may avoid civil penalties if done before the election (for candidates) or before the election which the contribution was intended to influence (for PACs) and the filing was not prompted by a filing official.
• Criminal penalties remain for intentional violations: Class A misdemeanor for most violations; Class B felony for violations of Section 17-5-7; the Attorney General or district attorney may prosecute; venue and statute-of-limitations rules apply.
• The Secretary of State may issue rules to implement the act, and the act becomes effective immediately after the governor signs it.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Fair Campaign Practices Act