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

ELECTORALACT, 1997

http://www.irishstatutebook.ie/pdf/1997/en.act.1997.0025.pdf

PART V

Expenditure byPolitical Parties and Candidates at Da?il

Elections andEuropean Elections

Offences andpenalties (Part V).

Art. 43 Aperson shall be guilty of an offence if, at an election, he or she incurselection expenses, or makes any payment, advance or deposit in respect of suchexpenses—

(a)on behalf of a political party unless the person is the

nationalagent of the political party concerned or a person authorised by such nationalagent acting within the

limitof such authorisation, or

(b)on behalf of a candidate (other than election expenses

deemedunder section 32(1)(b)(ii) or 33(1)(b)(ii) to be

electionexpenses incurred by that candidate) unless the

personis the election agent of the candidate or a person

authorisedby such agent acting within the limit of such

authorisation.

(2)The national agent of a political party or the election agent of a candidateshall be guilty of an offence if at an election the said agent—

(a)directly or through any other person incurs election

expensesin excess of the relevant amount calculated in

accordancewith section 32 or 42 or an order made under

section33(1)(b), as may be appropriate, or

(b)in contravention of section 34 pays any claim in respect of election expenses,or

(c)fails to furnish to the Public Offices Commission, within the period specifiedfor this purpose, a statement of election

expensesor a statutory declaration pursuant to section

36,or

(d)furnishes to the Public Offices Commission a statement of election expenseswhich, to the agent’s knowledge, is

falseor misleading in a material respect, or

(e)fails otherwise to comply with the provisions of section 36.

(3)A person to whom section 31 (7) applies shall be guilty of an offence if at anelection he or she—

(a)fails to notify the Public Offices Commission in accordance with thatsubsection of his or her intention to incur election expenses, or

(b)fails to furnish to the Public Offices Commission, within the period specifiedfor this purpose, a statement of election

expensesor a statutory declaration pursuant to section

36,or

(c)furnishes to the Public Offices Commission a statement of election expenseswhich, to the person’s knowledge, is

falseor misleading in a material respect, or

(d)fails otherwise to comply with section 36.

(4)A person shall be guilty of an offence if he or she publishes in a newspaper,magazine or other periodical publication of which he or she is publisher anadvertisement or notice in relation to an election purporting to promote oroppose the interests of a political party or a candidate at that election atthe request of any person other than

thenational agent of a political party, or a person authorised in writing by suchagent or a candidate at the election or the election agent of such candidate,or a person authorised in writing by such candidate or agent, unless thatperson produces to the said publisher a certificate from the Public OfficesCommission referred to in section

31(10).

(5)Where a person is guilty of an offence under this section—

(a)the person shall be liable on summary conviction to a fine not exceeding?1,000,

(b)the person shall be liable, where the offence is an offence referred to insubsection (2) (d) or (3) (c), on conviction on indictment to a fine notexceeding ?20,000 or, at the discretion of the court, to imprisonment for aperiod not exceeding 3 years or to both such fine and such imprisonment, and

(c)where the conviction relates to failure to furnish a statement of electionexpenses under section 36, the person shall be guilty of a further offence onevery day on which the failure continues after such conviction and for eachsuch offence the person shall be liable, on summary conviction, to a fine notexceeding ?100.

PART VI

Donations andElection Expenses at Presidential Election

Offences andpenalties (Part VI)

Art.61.—(1) A person shall be guilty of an offence if,at a presidential election, the person—

(a) incurs election expenses, or

(b) makes any payment, advance ordeposit in respect of such expenses, on behalf of a candidate at that election, unless theperson is the presidential election agent of the candidate at the election or aperson authorised by such agent, acting within the limit of such authorisation.

(2) The presidential election agent of acandidate shall be guilty of an offence if at a presidential election the saidagent—

(a) directly expenses in excess of the amount specifiedin an order for the time being in force under section 53,or through any other person, incurs election

(b) in contravention of section 54, paysany claim in respect of election expenses, or

(c) fails to furnish to the PublicOffices Commission, within the period specified for this purpose, a statementof election expenses or a statutory declaration under section 56,or

(d) furnishes to the Public OfficesCommission a statement of election expenses which, to the agent’s knowledge, isfalse or misleading in a material respect, or

(e) fails otherwise to comply with theprovisions of section 56, or

(f) fails to furnish the presidentialelection donation statement or make the statutory declaration required bysection 48 within the period specified in that section, or

(g) knowingly furnishes a presidentialelection donation statement or makes a statutory declaration under the saidsection 48 which is false or misleading in any material

respect.

(3) A person to whom section 52(6)applies shall be guilty of an offence if at a presidential election he orshe  —

(a) fails to notify the Public OfficesCommission in accordance with that subsection of his or her intention to incurelection expenses, or

(b) fails to furnish to the PublicOffices Commission, within the period specified for this purpose, a statementof election expenses or a statutory declaration pursuant to section

56,or

(c) furnishes to the Public OfficesCommission a statement of election expenses which, to the person’s knowledge,is false or misleading in a material respect, or

(d) fails otherwise to comply withsection 56.

(4) A person shall be guilty of anoffence if he or she publishes in a newspaper, magazine or other periodicalpublication of which he or she is publisher an advertisement or notice inrelation to a presidential election purporting to promote or oppose theinterests of a candidate at that election at the request of any person other thana candidate or the presidential election agent of a candidate, or a personauthorised in writing by such candidate or agent, unless that person producesto the said publisher a certificate from the Public Offices Commission referredto in section 52(9).

(5) Where a person is guilty of anoffence under this section—

(a) the person shall be liable onsummary conviction to a fine not exceeding ?1,000,

(b) the person shall be liable, wherethe offence is an offence referred to in subsection 2 (d) or (g) or subsection3 (c),on conviction on indictmentto a fine not exceeding ?20,000 or, at the discretion of the court, toimprisonment for a period not exceeding 3 years or to both such fine and suchimprisonment, and

(c) where the conviction relates tofailure to furnish a presidential election donation statement under section 48or a statement of electionexpenses under section 56, the person shall be guilty of a further offence onevery day on which the failure continues after such conviction and for each suchoffence the person shall be liable on summary conviction, to a fine, notexceeding ?100.