Meetings
 
Agenda Item
Docket No. 13-1089
 
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RE:
Request the Board waive the $1,200, $1,000 and $1,200 campaign finance late fees assessed against Pelican State Liberty PAC and Reilly O'Neal, its chairman, whose three (3) Monthly campaign finance disclosure reports were filed 6, 5 and 6 days late.
Facts:
In connection with his request that the Board waive the late fee assessed for the late filing of the report, Reilly O'Neal states that since Pelican State Liberty PAC has changed to monthly filing they have filed their disclosures on the 15th of the month, every month from January through June. It was their understanding that monthly disclosures were due on the 15th of each month and not the 10th. They had confused it with the annual filing deadline of the 15th and didn't understand that monthly disclosures are due by the 10th. They continued operating under that understanding for 5 months of the year and never received any sort of communication that the disclosure was actually due on the 10th until they received a certified letter on July 5th for the may 2013 filing which was filed on June 16th.

Mr. O'Neal states that he spoke to Chris Sommers in Campaign Finance Division who confirmed that the correspondence sent out to them in April and May was not received by him. He says that if he had received the notices he would have corrected the mistake immediately. He said that Ms. Sommers suggested that he request a waiver of all three assessments as this was the first instance of any sort of mistakes on their end and was purely a misunderstanding of the deadline. He said that if you look back at the filings for this year everyone of them was submitted on the 15th of each month with the exception of the filing submitted on June 16th.

A fax transmission was attempted without success on June 15 as it was their understanding that the 15th was the deadline. On the morning of the 16th when they realized the fax did not go through they tried again with success. Since receiving the notice, he states that they submitted June disclosure on July 10th and that they will be sure to submit their monthly filing by the 10th of each month. He also adds that his organization is very small and at this point an assessment of this size would cause a tremendous financial burden to their young organization.. He apologizes and assures that their monthly filing will be submitted by the 10th of each month going forward without exception.

Comments:
ELECTION: N/A


TYPE OF REPORT: Three (3) Monthly


DAYS LATE: 6, 5 and 6


ASSESSED FEE: $1,000, $1,200 and $1,200


REPORT DUE: April 10, 2013, May 10, 2013 and June 10, 2013


REPORT FILED: April 15, 2013, May 16, 2013 and June 16, 2013


ACTIVITY REPORTED: Report due April 2013 Monthly $390.00 in receipts, $212.00 in disbursements, and $234.70 funds on hand; Report due May 2013 Monthly $190.00 in receipts, $257.29 in disbursements, and $166.81 funds on hand; Report due June 2013 Monthly $235.00 in receipts, $316.46 in disbursements, and $85.35 funds on hand


OTHER LATE FILINGS: 0

Law:
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.
Recommendations:
Decline to waive.



Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-1089- Waiver Request