Price,Todd_2024-Penalty-noticeIn response to this assessment, the Committee is directed to take at least
one of the following actions:
1. Pay the assessment within 30 days.
2. Contest the assessment by filing a petition with the Office of
Administrative Hearings within 30 days.
3. Request a waiver of the assessment by filing an Affidavit to Request
a Waiver of Civil Late Penalties with the State Board within 60
days.
Instructions for each action can be found in this letter.
Mailing Address:
P.O. Box 27255,
Raleigh, NC 27611
(919) 814-0700 or
(866) 522-4723
Fax: (919) 715-0135
CERTIFIED MAIL
July 17, 2024
Subject: Notice of Penalty Assessment under N.C.G.S. § 163-278.34(e)
Dear Treasurer,
Records indicate that the political committee or referendum committee named on
the attached invoice failed to timely file a report required by Article 22A of
Chapter 163 of the North Carolina General Statutes. Pursuant to N.C.G.S. § 163-
278.34(a), the political committee shall pay a civil late penalty as follows:
(1) Two hundred fifty dollars ($250.00) per day for each day the filing is late for a
report that affects statewide elections, not to exceed a total of ten thousand
dollars ($10,000); and
(2) Fifty dollars ($50.00) per day for each day the filing is late for a report that
affects only nonstatewide elections, not to exceed a total of five hundred
dollars ($500.00).
This letter and the attached invoice serve as notice of the assessment under
N.C.G.S. § 163-278.34(e). The late report and the amount due are listed on the
attached invoice. A copy of this notice will be posted to the State Board’s website.
If you have not filed the report listed on the invoice, please do so immediately.
Committees with missing reports will be subject to the additional actions
described in rule 08 NCAC 21 .0207.
1. Pay the assessment within 30 days:
Payment should be made by check payable directly to the State Board of
Elections. Please note “NC Civil Penalty & Forfeiture Fund” in the memo line of
the check and enclose a copy of the attached invoice. Please mail payment to:
NC State Board of Elections
P.O. Box 27255
Raleigh, NC 27611-7255
If the Committee chooses to contest the assessment or to request a waiver of the
assessment, payment may be held until resolution of the case or waiver request.
2. Contest the assessment by filing a petition with the Office of Administrative
Hearings within 30 days:
If you wish to contest any statement in the attached invoice, you may file a
petition for an administrative hearing with the Office of Administrative Hearings
(“OAH”). You must file the petition with OAH within 30 days of receipt of this
notice and pay a $20 filing fee. Petitions may be received by mail or through the
OAH e-filing system.
For further information on filing a contested case, please visit www.ncoah.com or
contact OAH at:
Office of Administrative Hearings Phone: 919-413-3000
6714 Mail Service Center Fax: 919-413-3100
Raleigh, North Carolina 27699-6700 Email: oah.clerks@oah.nc.gov
We strongly recommend that a committee filing a petition at OAH also request a
waiver of the penalty from the State Board. Please note that a waiver request does
not extend the 30-day deadline to file a petition for a contested case at OAH.
3. Request a waiver of the assessment by filing an Affidavit to Request a Waiver
of Civil Late Penalties with the State Board within 60 days:
Pursuant to N.C.G.S. § 163-278.34(a), the State Board may waive a late penalty if
it determines there is good cause for the waiver. It is within the State Board’s
discretion to waive an entire penalty, or to reduce a penalty by any amount.
A political committee or referendum committee requesting a waiver of a civil late
penalty must complete the Affidavit to Request a Waiver of Civil Late Penalties
form and file it with the State Board of Elections. A copy of the form is available
online at www.ncsbe.gov/campaign-finance/penalties. Please include all relevant
facts or circumstances on this form. You may attach additional pages if necessary.
Per Rule 08 NCAC 21 .0206, the form must be filed within 60 days of service of
the notice of penalty assessment.
Factors considered by the State Board in determining good cause include but are
not limited to:
a. Whether the late report was the first late report of the committee or the
first late report within the last 10 years.
b. Whether the late report was due prior to or after the election for a
candidate.
c. Whether the late report resulted in any contribution or expenditure not
being disclosed to the public.
d. Whether the late report resulted from a family emergency, severe illness or
hospitalization, natural disaster, or similar unforeseen circumstance.
e. Whether the treasurer or assistant treasurer received insufficient guidance
from the State Board office or county board office in attempting to file
reports.
f. Whether documented issues with the U.S. Postal Service or other delivery
service inhibited the committee from filing a timely report.
The Affidavit to Request a Waiver of Civil Late Penalties form may be filed by
mail or email:
NC State Board of Elections Email: campaign.reporting@ncsbe.gov
P.O. Box 27255
Raleigh, NC 27611-7255
If you choose to file by email, an original signed copy of the form must be
retained for at least two years counting from the date of the election to which
the late report affects.
If you have any questions for the State Board of Elections, please email
campaign.reporting@ncsbe.gov or call 919-814-0700.
Sincerely,
Greg Larimore
Campaign Finance Director
North Carolina State Board of Elections