§ 2415. Failure to file; penalties
(a) If any disclosure required of a candidate for State office, county office, State Senator,
or State Representative by section 2414 of this title is not filed in the time and manner set forth in sections 2356, 2361, and 2402 of this title, the candidate for State office, county office, State Senator, or State Representative
shall be addressed as follows:
(1) The State Ethics Commission, after notification by the Office of the Secretary of
State of the names of delinquent filers, shall issue a notice of delinquency to the
candidate for State office, county office, State Senator, or State Representative
for any disclosure required of a candidate for State office, county office, State
Senator, or State Representative by section 2414 of this title that is not filed in the time and manner set forth in sections 2356, 2361, and 2402 of this title.
(2) Following notice of delinquency sent by the State Ethics Commission to the candidate
for State office, county office, State Senator, or State Representative, the candidate
shall have five working days from the date of the issuance of the notice to cure the
delinquency.
(3) Beginning six working days from the date of notice, the delinquent candidate for State
office, county office, State Senator, or State Representative shall pay a $10.00 penalty
for each day thereafter that the disclosure remains delinquent; provided, however,
that in no event shall the amount of any penalty imposed under this subdivision exceed
$1,000.00.
(4) Notwithstanding subdivision (3) of this subsection (a), the State Ethics Commission
may reduce or waive any penalty imposed under this section if the candidate for State
office, county office, State Senator, or State Representative demonstrates good cause,
as determined by the State Ethics Commission and in the sole discretion of the State
Ethics Commission.
(b) The Commission shall send a notice of delinquency to the email address provided by
the candidate for State office, county office, State Senator, or State Representative
in the candidate’s consent of candidate form.
(c) The State Ethics Commission may avail itself of remedies available under the Vermont
Setoff Debt Collection Act, as set forth in 32 V.S.A. chapter 151, subchapter 12, to collect any unpaid penalty.
(d)(1) A candidate for State office, county office, State Senator, or State Representative
who files a disclosure with intent to defraud, falsify, conceal, or cover up by any
trick, scheme, or device a material fact, or, with intent to defraud, make any false,
fictitious, or fraudulent claim or representation as to a material fact, or, with
intent to defraud, make or use any writing or document knowing the same to contain
any false, fictitious, or fraudulent claim or entry as to a material fact shall be
considered to have made a false claim for the purposes of 13 V.S.A. § 3016.
(2) Pursuant to 3 V.S.A. § 1223 and section 2904a of this title, complaints regarding any candidate for State office, county office,
State Senator, or State Representative who fails to properly file a disclosure required
under this subchapter may be filed with the State Ethics Commission. The Executive
Director of the State Ethics Commission shall refer complaints to the Attorney General
or to the State’s Attorney of jurisdiction for investigation, as appropriate. (Added 2023, No. 171 (Adj. Sess.), § 6, eff. June 10, 2024.)