(1) Any candidate who receives public funds pursuant to section 32-1606 and fails to comply with the spending limitations prescribed in section 32-1604 shall repay the amount expended in excess of the spending limitations to the state within six months after the receipt of the public funds by the candidate.
(2) Any candidate who receives public funds pursuant to section 32-1606 and exceeds the spending limitations prescribed in section 32-1604 by five percent or more shall, within six months, repay the entire amount of public funds received with interest at the rate specified in section 45-104.02, as such rate may from time to time be adjusted, from the date the limitation was exceeded by five percent or more.
(3) Any candidate described in subsection
(1) of this section or the treasurer of any such candidate committee who exceeds the spending limitation by five percent or more shall be deemed to be in willful and knowing violation of section 32-1604. Any person willfully and knowingly violating such section shall be guilty of a Class II misdemeanor.
(4) Any candidate who files, or causes to be filed, pursuant to subdivision (5)(a) of section 32-1604, an affidavit executed by him or her that he or she knows contains any material element which is false shall be guilty of a Class IV felony.
(5) Any candidate who willfully, knowingly, or intentionally underestimates his or her maximum expenditures by five percent or more in an affidavit filed pursuant to subdivision (5)(a) of section 32-1604 shall be guilty of a Class II misdemeanor.
(6) The expenditure of public funds received pursuant to section 32-1606 shall not be a violation of the spending limitation.