| Request that the Board waive the $2,000, $2,000, $2,000 and $2,000 campaign finance late fees assessed against Suddenlink Louisiana PAC whose 90-P, 30-P, 10-P and 10-G campaign finance disclosure report was filed 243, 181, 161 and 131 days late. |
|
In connection with his request that the Board waive the late fee assessed for the late filing of the reports, Robert L. Rieger, Jr., attorney for Suddenlink states that the late fees should be completely vacated for being inappropriate under the circumstances or alternatively, any penalty waived for demonstrated good cause. He states that no legal basis exists for the reports to have been submitted and for the issuance of the orders. Suddenlink PAC is domiciled outside of the State of Louisiana and only made contributions of approximately $4,000 for 2012. The orders issued by the Board that are the subject matter of this dispute concern a $500 contribution made to Erich Ponti on February 23, 2012 (the "February Contribution") and an alleged $1,000 contribution to Erich Ponti on November 12, 2012 (the "November Contribution").
Mr. Ponti serves in the Louisiana House of Representatives as the elected member from District 69. At the time of the February contribution, Representative Ponti had not qualified to run for the LPSC, as he did not qualify as a candidate for that post until August 15, 2012. In fact, according to published media reports, Representative Ponti did not even announce his candidacy for the LPSC until late June 2012. After learning that Representative Ponti was seeking election to the LPSC, Suddenlink PAC requested a refund of its February contribution.
As evidenced in Suddenlink PAC's filings and Representative Ponti's filings, a refund for the $500 was issued on October 24, 2012. As an out-of state PAC, Suddenlink PAC was unaware of Representative Ponti's candidacy for the LPSC at the time it made the February contribution. Based upon the fact that Suddenlink PAC did not know of the candidacy issue until late October, any fines assessed for the late filing of the 90-P and 30-P reports should be waived. Moreover, at the time the 10-P report was due, Suddenlink PAC had already requested that its contribution be returned. The transaction history necessary documentation involving the February contribution is evident in Suddenlink PAC's Annual Report filed January 30, 2013 as that was the time when Suddenlink PAC believed a disclosure of that contribution was required to be made.
Despite reporting the November contribution in the 10-G report filed at the Board's request, based upon campaign finance reports, the November contribution was never actually received, let alone deposited by Mr. Ponti. In fact, while Suddenlink PAC wrote the check to Representative Ponti on November 12, 2012, as reported in its annual report, the check was never actually delivered to Representative Ponti, Suddenlink PAC did intend to forward the check in the early months of 2013 to Representative Ponti; however, the black-out period for legislators accepting contributions had already commenced. As a result, the November "contribution" was never actually perfected. He states that all of these facts lead to a recalling of the Orders and dismissal of the charges. Alternatively, these facts militate in favor of an entire waiver of any late penalty assessed pursuant La R.S. 18:1511.4.1, or other applicable provision of the Campaign Finance Disclosure Act or Board rule.
|
|
ELECTION: November 6, 2012 and December 8, 2012
TYPE OF REPORT: 90-P, 30-P, 10-P and 10-G
DAYS LATE: 243, 181, 161 and 131
ASSESSED FEE: $2,000, $2,000, $2,000 and $2,000
REPORT DUE: August 8, 2012, October 9, 2012, October 29, 2012, November 28, 2012
REPORT FILED: April 8, 2013
ACTIVITY REPORTED: 90-P $1,600 in receipts, $1,600 in disbursements, and $0 funds on hand; 30-P $3,100 in receipts, $3,100 in disbursements, and $0 funds on hand; 10-P $3,100 in receipts, $3,100 in disbursements, and $0 funds on hand; 10-G $4,100 in receipts, $3,600 in disbursements, and $500 funds on hand
OTHER LATE FILINGS: 1
180-P in connection with October 22, 2011 election, filed 8 days late, $500 fine paid.
|
|
18:1505.4.A(1) Any candidate, the treasurer or chairman of a political committee, or any other person required to file any reports under this Chapter, who knowingly fails to file or who knowingly fails to timely file any such reports as are required by this Chapter may be assessed a civil penalty as provided in R.S.42:1157 for each day until such report is filed. 18:1484.(2)(b). Each candidate for any other public office shall file reports of contributions in excess of two hundred dollars in the aggregate during the aggregating period.
|
|
| Assigned Attorney: |
Aneatra Boykin |
|
|