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  1. #1
    Join Date
    Mar 2011
    Posts
    6

    Default I'm Getting Fined by the State Without Due Process

    My question involves collection proceedings in the State of: New York

    I ran for a town council seat when I was eighteen and I had to form a political action committee with the state of New York in order to do so. By law, I have to submit financial disclosure forms every six months even if there isn't any action. I am now twenty, and when I was at school in January I accidentally missed the due date of my disclosure report by a few weeks. I just received a letter from the New York State Board of Elections letting me know I'm getting fined for $160 and if I don't pay within 90 days interest will begin to build.

    My problem with this is that it is a complete violation of the fourteenth amendment, which gives me a right to due process before the state can claim any of my property. So I called the state BOE's office and I told them this and they told me there are no appeal forms, but I can write a letter if I want to be heard.

    I'm not going to pay this fine yet and I'm trying to find the best way to defend myself in this letter. I'm thinking about explaining to them the facts: I was at school and all of the warning letters were sent to my home address. My parents respect my privacy and don't open my mail, so by the time I opened the warning letters it was three weeks late. I realize this doesn't justify being late, but I have less than $20.00 in my political action committee account - and I'm being fined for $160.00. I feel like this is unusual punishment, because this is a similar fine for someone excessively breaking the speed limit. I didn't put anyone in danger, and it's not like I didn't ever submit a disclosure report. I was just a few weeks late because I was at college.

    EDIT: Also, I am terminating my committee and I'm going to include these forms with the letter.

    Do you have any advice on how I can defend this in the letter I send? I'm a college student and I can't afford this penalty.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: I'm Getting Fined by the State Without Due Process

    I don't understand.

    You agree to do something. You were told of the penalty for failing to do so, right?

    How is this not due process?

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: I'm Getting Fined by the State Without Due Process

    Its an administrative penalty & its quite legal. You can write your letter and then file a review in court for an administrative review case when they deny clemency.. that will cost you about $500 to file.

    Your should not have formed the PAC if you had no idea what you were doing.

  4. #4
    Join Date
    Mar 2011
    Posts
    6

    Default Re: I'm Getting Fined by the State Without Due Process

    The fundamentals of due process ensures that before the state can take a person's property they are guaranteed a right to have their voice heard in a fair/impartial procedure. I have the right as a citizen to challenge this fine. But all I have been granted was a letter and who to make my check out to.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: I'm Getting Fined by the State Without Due Process

    Did you agree to do something?

    Were you told there would be a penalty for failing to do so?

    You can try to take this to court... but you will lose and the battle will cost you far more than the fine.

    And no, you don't want to fight this without an attorney. Yes, we all remember our first law class... but this isn't something you want to go into without counsel.

  6. #6
    Join Date
    Mar 2011
    Posts
    6

    Default Re: I'm Getting Fined by the State Without Due Process

    I appreciate your advice even though it comes off as a little brash. I'm being fined for violating #2:

    " § 14-126. Violations; penalties. 1. Any person who fails to file a
    statement required to be filed by this article shall be subject to a
    civil penalty, not in excess of five hundred dollars, to be recoverable
    in a special proceeding or civil action to be brought by the state board
    of elections or other board of elections.
    2. Any person who knowingly and willfully fails to file a statement
    required to be filed by this article within ten days after the date
    provided for filing such statement or any person who knowingly and
    willfully violates any other provision of this article shall be guilty
    of a misdemeanor."

    I was a few days past the ten day mark.

    This is where I need help. The terms "knowingly and willfully," how exactly is that interpreted? There were three or four warning letters sent to my house, where I was not living and were never opened. I didn't violate this law "knowingly and willfully."

    I don't plan on taking to this to court. But like I said, I can appeal with a letter and I plan on doing so.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: I'm Getting Fined by the State Without Due Process

    Were you not provided with the dates of payment required?

    The warning letters are provided as a service. It is not the state's job to remind you when your debts are due.

    Apparently, you are unwilling to realize the responsibility is yours in this instance.

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