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

Trinidad and Tobago

Trinidad and Tobago

Answer
Court of general jurisdiction (including Supreme Court)
Source

Representationof the People Act Chapter 2:01 (published 1967-12-21, last amended 2000-09-12),http://?rgd.?legalaffairs.?gov.?tt/?laws2/?alphabetical_?list/?lawspdfs2/?2.?01.?pdf

 

52. (1) Within forty-two days after the day on which the result of the election is declared, the election agent of every candidate at the election shall transmit to the Chief Election Officer a true return in the form set out as Form No. 4 in the Prescribed Forms Rules containing, as respects that candidate, a statement of all payments made by the election agent together with all the bills and receipts.

[…]

 

53. (1) The return transmitted under section 52(1) shall be accompanied by a declaration made by the election agent before a Justice in the form set out as Form No. 5 in the Prescribed Forms Rules.

[…]


57. (1) Where on an application under section 56 it appears to the Court that any person who is or has been an election agent has refused or failed to make a return, or to supply the particulars as will enable the candidate and his election agent respectively to comply with the provisions of this Act as to the return or declarations as to election expenses, the Court, before making an Order under the section, shall order that person to attend before the Court.

(2) The Court shall, on the attendance of that person unless he shows cause to the contrary, order him to make the return and declarations or to deliver a statement of the particulars required to be contained in the return as to the Court seems just, within such time, to such persons and in such manner as the Court may direct, or may order him to be examined with respect to the particulars.

[...]

82. Subject to section 56, if a candidate or election agent fails to comply with the requirements of section 52 or section 53, he is guilty of an illegal practice.

 

83. If a candidate or election agent knowingly makes a declaration required by section 53 falsely, he is guilty of a corrupt practice.


84. If a person fails to comply with any orderof the Court made under section 57, the Court may order him to pay a fine ofeighty-five thousand dollars.

Comment

Sanctionscan only be imposed for some campaign finance infractions, namely if anelection agent ordered by the Court of Appeals to report a candidate?sfinancing or to deliver a statement of the particulars necessary for the reportfails to comply with the order. Other campaign finance infractions, such assubmitting a report that fails to comply with the requirements, or that hasbeen falsified, are criminal offences that are prosecuted.

 


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