| 1. Civil penalty. In addition to any other penalties that may be |
| applicable, a person who violates any provision of this chapter or rules |
| of the commission adopted pursuant to section 1126 is subject to a civil |
| penalty not to exceed $10,000 per violation payable to the fund. This |
| penalty is recoverable in a civil action. In addition to any fine, for |
| good cause shown, a candidate found in violation of this chapter or rules |
| of the commission may be required to return to the fund all amounts |
| distributed to the candidate from the fund. If the commission makes a |
| determination that a violation of this chapter or rules of the commission |
| has occurred, the commission shall assess a fine or transmit the finding |
| to the Attorney General for prosecution. Fines paid under this section |
| must be deposited in the fund. In determining whether or not a candidate |
| is in violation of the expenditure limits of this chapter, the commission |
| may consider as a mitigating factor any circumstances out of the |
| candidate's control. |
