What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?

Cayman Islands

Cayman Islands

Answer
Campaign finance infractions entail only criminal sanctions or penalties (please refer to section ELECTION-RELATED CRIMINAL OFFENCES).
Source

ElectionsLaw (2009 Revision) (2009-06-16)

 

PARTV-Election Expenses

[…]

65.Candidate’s expenses

 (1) No expenses shall, with a view to promotingor procuring the election of a candidate at an election, be incurred by anyperson other than the candidate, his election agent and persons authorised inwriting by the candidate on account -

(a)of holding public meetings or organising any public display;

(b)of issuing advertisements, circulars or publications; or

(c)of otherwise presenting to the electors the candidate or his views or theextent or nature of his backing or disparaging another candidate.

(2)Whoever -

(a)incurs or aids, abets, counsels or procures any other person to incur, anyelection expenses in contravention of this Law; or

(b) knowingly makes a false declarationas to election expenses, is guilty of an illegal practice.

66.Unauthorised expenditure

(1) Where an expenditure is incurred incontravention of this Part, the person by whom such expenditure was incurredand the candidate in connection with whose candidature it was incurred shall,in addition to any other penalty to which either of them may be liable, bedeemed to be guilty of an illegal practice.

(2)No candidate shall be deemed to be guilty of an illegal practice by reason ofany other person having incurred any expenditure in connection with thecandidature of the candidate in contravention of this Part, unless it is provedthat such expenditure was incurred with his knowledge or consent or that he didnot take all reasonable steps to prevent the incurrence of such expenditure.

67.Limitation on election expenses

(1)Election expenses shall not exceed the sum stipulated in subsection (2).

(2)The maximum amount of election expenses to be incurred in respect of acandidate at an election shall be -

(a)where the candidate does not belong to a political party, or there is no othercandidate belonging to the same party at an election in an electoral district,thirty-five thousand dollars; and

(b)where the candidate is not the only candidate belonging to a party at theelection in an electoral district, thirty thousand dollars.

(3)In determining the total expenditure incurred in relation to the candidature ofany person at any election no account shall be taken of -

(a)any deposit made by the candidate on his nomination in compliance with the Law;or

(b)any expenditure incurred before the date of nomination of the candidate withrespect to services rendered or material supplied before such notification.

(4) A candidate who knowingly acts incontravention of this section is guilty of an illegal practice.

(5)A political party which acts in contravention of this section is guilty of anoffence and liable on summary conviction to a fine of twenty-five thousanddollars.

68.Time for sending in and paying claims

(1)Every claim against a candidate in respect of election expenses which is notsent to him within twenty-one days after the date on which the result of theelection is declared shall be barred and not paid.

(2)All election expenses shall be paid within twenty-eight days after the date onwhich the result of the election is declared.

(3) A candidate who pays a claim incontravention of subsection (1) or who makes a payment in contravention ofsubsection (2) is guilty of an illegal practice.

69.Return as to election expenses

(1)Within thirty-five days after the date on which the election is declared, everycandidate shall deliver to the Supervisor a true return in the form requestedby the Supervisor containing a statement of all payments made or received by oron behalf of the candidate.

(2)Every return shall be supported by a declaration sworn to before a Justice ofthe Peace by the candidate stating -

(a)that the return fully and accurately sets out all payments made by thecandidate himself; and

(b)that to the best of his knowledge, information and belief the return is a fulland accurate return of all expenditure incurred by any person by or on behalfof the candidate, and of all monies, securities or the equivalent of moneyreceived by the election agent from any source in connection with the election.

(3)The Supervisor, within ten days after he receives any return, shall publish asummary thereof accompanied by a notice of the time and place at which thereturn and the documents in support thereof can be inspected.

(4) Whoever knowingly makes a false orincorrect return is guilty of an illegal practice.

[…]

 

http://www.electionsoffice.ky/downloads/electionslaw2009.pdf

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