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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) The registry of election finance may bring a civil action to enforce this part.
(b) In all actions brought pursuant to subsection (a), the burden of proof is on the registry of election finance.
(c) Prior to discovery, the court shall set a hearing to determine if there is probable cause to believe that a political campaign committee or person has violated this part.
(d) If, after the hearing pursuant to subsection (c), the court determines:
(1) That no probable cause exists to believe that a violation of this part has occurred, the court shall enter an order of dismissal with prejudice; or
(2) That probable cause exists to believe that a violation of this part has occurred, the court shall enter an order to that effect and the case should proceed to trial on an expedited basis.
(e) Subject to § 2-10-506, the person alleged to have violated this part may, at a time to be determined by the court prior to the scheduling of trial, present evidence sufficient to rebut the probable cause finding by making an ex parte presentation of records to the court for an in camera review.
(f) A losing party under subdivision (d)(2) has the right to:
(1) An interlocutory expedited appeal; and
(2) A stay of proceedings in the trial court.
(g)(1) Within thirty (30) days of a finding that a political campaign committee has violated this part, the committee shall refund the contribution to the original contributor. If the finding is appealed, the contribution must be placed in escrow, after which the funds must be disbursed in accordance with the final order.
(2) If the political campaign committee is unable to return the funds, the directors, officers, or executive members of the committee are liable in their personal capacity, jointly and severally, for the refund of said funds.
(h)(1) Within thirty (30) days of a finding that a person making an independent expenditure has violated this part, the entity making the independent expenditure shall disgorge to the registry of election finance funds in an amount equal to the reported cost of the independent expenditure.
(2) If the person is unable to disgorge the requisite funds, the person, or the directors, officers, or executive members of the person if the person is an entity, are liable in their personal capacities, jointly and severally, for the payment of the amount due. If the finding is appealed, the funds subject to disgorgement must be placed in escrow, after which they must be disbursed in accordance with the final order.
(i) If the registry of election finance prevails in an action brought under subsection (a), the court shall award:
(1) Injunctive relief sufficient to prevent the political campaign committee or person from violating this part or engaging in acts that aid or abet violations of this part; and
(2) Statutory damages up to twice the amount of the prohibited contribution or expenditure.
(j) In addition to the penalties in subsection (i) and any other remedies provided by law, if the court finds a knowing or willful violation of this part, the court may assess a penalty of up to three (3) times the statutory damages.
Cite this article: FindLaw.com - Tennessee Code Title 2. Elections § 2-10-505 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-2-elections/tn-code-sect-2-10-505/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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