§ 16-120. Enforcement proceedings. 1. The supreme court or a justice thereof, in a proceeding instituted by the state board of elections, may impose a civil penalty, as provided for in subdivisions one and two of section 14-126 of this chapter.

Terms Used In N.Y. Election Law 16-120

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

2. Upon proof that a violation of article fourteen of this chapter, as provided in subdivision one of this section, has occurred, the court may impose a civil penalty, pursuant to subdivisions one and two of section 14-126 of this chapter, after considering, among other factors, the severity of the violation or violations, whether the subject of the violation made a good faith effort to correct the violation and whether the subject of the violation has a history of similar violations. All such determinations shall be made on a fair and equitable basis without regard to the status of the candidate or political committee.

  Previous section
Next section  
 Article 16 Contents