13-35-803. Injunctive and civil relief.
215 words·~1 min read·
/mt/title-13/chapter-35/part-8/13-35-803A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
13-35-803 . Injunctive and civil relief.
(1)In addition to any other penalties or remedies provided by law, a candidate or political party representing the candidate aggrieved by a violation of 13-35-802 may maintain an action against any violator in any court of equitable jurisdiction to prevent, restrain, or enjoin the violation.
(2)An action commenced pursuant to subsection
(1)must be expedited by the district court and given preference over all other matters currently before the district court upon showing of present or ongoing harm.
(3)If a violation of 13-35-802 is established, the court shall enjoin and restrain to otherwise prohibit the violation and, in addition, shall assess in favor of the plaintiff and against the defendant the costs of the suit and reasonable attorney fees.
(4)In the action, it is not necessary that actual damages to the plaintiff be alleged or proved, but when alleged and proved, the plaintiff in the action, in addition to injunctive relief and fees and costs of suit, is entitled to recover from the defendant the amount of actual damages sustained by the plaintiff and up to $10,000 in punitive damages.
(5)In any civil action alleging a violation of 13-35-802 , the plaintiff bears the burden of establishing the violation by clear and convincing evidence.