Meetings
 
Agenda Item
Docket No. 13-1127
 
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RE:
Request the Board waive the $800 campaign finance late fee assessed against VISION PAC, in the September 20, 2012 election, whose Monthly campaign finance disclosure report was filed 4 days late.
Facts:
In connection with his request that the Board waive the late fee assessed for the late filing of the report, Kenneth Pailet, Treasurer states Vision PAC originated in March 2009 and reports were filed when the PAC participated in certain elections according to the schedule of those particular candidates to whom a contribution was made. In 2011, Vision PAC made a contribution to a particular candidate and his assistant was not aware that an election for that candidate was ongoing.

She assumed that only the annual report was due in February of the following year. They were notified that a report was due and the report was filed for that election. Of course, the report was filed late and the PAC was assessed a late filing fee of $3,000 which was paid. After that, when contributions were made by the PAC to other candidates his assistant was not aware of the filing schedules as she did not really know who the candidates were nor for which office they were running. In 2012, to avoid any further confusion, he decided to convert the PAC to a monthly filing PAC and requested that his assistant look into what steps they had to take to make the conversion.

According to her, there was a form on the website that had to be completed and filed with the Louisiana Board of Ethics. This was done in April 2012. The form was completed and sent to Senator Heitmeier, President of Vision PAC for his signature and was mailed to our office. His firm is an accounting firm and they were extremely busy with the preparing and filing of numerous tax returns during this time. His assistant failed to remember that they had filed for the conversion. He also states that they did not receive any kind of confirmation from our office as to whether or not the form was received and when it would become effective.

Because the PAC had "no activity" after a report filed on May 30, 2012, for the March 24, 2012 election, his assistant assumed no report was due. Since the filing of the first monthly report, which was August 2012 report due to September 10th, Vision PAC has filed on a timely basis.

Comments:
ELECTION: September 20, 2012


TYPE OF REPORT: Monthly


DAYS LATE: 4


ASSESSED FEE: $800


REPORT DUE: September 10, 2012


REPORT FILED: September 14, 2012


ACTIVITY REPORTED: $1,769.39 in receipts, $0.00 in disbursements, and $9,439.72 funds on hand


OTHER LATE FILINGS: 1


10-P in connection with October 22, 2011 election, filed 27 days late, $3000 late fee paid


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:
2013-1127- Waiver Request