Meetings
 
Agenda Item
Docket No. 13-1821
 
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RE:
In connection with a request the Board waive the $960 and $2,000 campaign finance late fees assessed against William "Van" Howenstine, a candidate for Clerk of Orleans Second City Court, Orleans Parish in the November 6, 2012 election, whose 30-P and 10-G campaign finance disclosure report was filed 16 and 380 days late.
Facts:
In connection with his request that the Board waive the late fee assessed for the late filing of the reports, William "Van" Howenstine, states that:

1) the required online filing system experienced repeated malfunctions throughout his campaign finance report filings;

2) the "continue" button on the "Leaders" system did not work at the time of his filing

3) Electronic filing offenses and penalties are not provided in the "A Summary of Election Offenses and Penalties" brochure provided by the Office of the Attorney General (exhibit 3);

4) No mention of electronic filing requirements is provided in the "Qualifying Papers" or the "Election Chronology and Candidate Information" booklets provided by the Chief Elections officer of the Orleans Criminal District Court (exhibit 4);

5) the necessary reports were all filed timely as evidenced by exhibit 5. The last modified dates are the actual filings dates;

6) At the direction of Mr. Gene Dawson, he changed the last modified dates on his campaign finance summary on the Campaign Finance Portal (exhibit 5) from 11/13/12 the actual filing date to 12/13/13 the corrected filing date. The dates, only coincidentally, share the same day, the 13th;

7) Mr. Dawson assisted him during the election. He was notably surprised and unfamiliar with the "Leaders" software glitches that occurred and reoccurred while he tried to help him file;

8) Exhibit 6 provides The Board incorrectly entered his home address, as evidenced in the correspondence by "Deborah S. Grier", signator of that notice, in her attempt to help resolve the matter on September 10, 2013;

9) Exhibit 7 provides evidence his notification address was incorrectly provided to "Lauren Abrams" signator and investigator for the Louisiana Ethics Administration Program, in her attempt to help resolve the matter and notify him of the filing violation. That correspondence is dated October 7, 2013;

10) Report # 33152 dated 11/7/12 was allegedly not received by the Louisiana Board of Ethics, but the report number generated after the report is submitted;

11) Report #33153, also dated 11/7/12 was allegedly not received by the Louisiana Board of Ethics, but the report number is generated after the report is submitted; This report was explained as the final report he needed to file. He was assisted through these last two reports by a helpful lady, but he does not have her name in his notes. She helped him close out his filings after she asked a few questions about whether or not he intended to show his expenditures as a loan;

12) Exhibit 8 was on Leaders software portal on the day of his last phone call to Mr. Dawson on December 13, 2013 problems with the system were still present, as Mr. Dawson had to seek the advice of a programmer to correct the filing.

Comments:
ELECTION: November 6, 2012


TYPE OF REPORT: 30-P and 10-G


DAYS LATE: 16 and 380


ASSESSED FEE: $960 and $2,000


REPORT DUE: October 9, 2012 and November 28, 2012


REPORT FILED: October 25, 2012 and December 13, 2013


ACTIVITY REPORTED: 30-P $6,952.67 in receipts, $6,952.67 in disbursements, $0 funds on hand; 10-G $8,582.67 in receipts, $8,582.67 in disbursements, $0 funds on hand


OTHER LATE FILINGS: NONE

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:
2013-1821: Waiver Request
2013-1821- Additional information William Howenstine Waiver Request
2013-1821- William _Van_ Howenstine NOD