Meetings
 
Agenda Item
Docket No. 14-082
 
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RE:
Request that the Board waive the $1,000 campaign finance late fee assessed against Sandra Cabrina Jenkins, a candidate for Criminal Judge, Orleans Parish in the October 4, 2003 election, whose 2012 Supplemental campaign finance disclosure report was filed 324 days late.
Facts:
In connection with the request that the Board waive the late fee assessed for the late filing of the report, Jennifer L. Thornton attorney for Sandra Cabrina Jenkins states that because Judge Jenkins was in good faith in her efforts to comply with the Campaign Finance Disclosure Act and reasonably misunderstood that she was not required to file a supplemental report for the 2012 calendar year related to her unsuccessful run for Criminal Court Judge in 2003, the $1,000 penalty should be waived. She further states that Judge Jenkins was a candidate for judge on the Orleans Parish Criminal District Court in the October 4, 2003 election. She did not win the election. She was not required to file supplemental reports following the election because the campaign did not have a surplus or deficit in excess of $2500.

In August 2012, Judge Jenkins qualified to run for her currently held seat on the Louisiana Fourth Circuit Court of Appeal. The election was on November 6, 2012, and Judge Jenkins took office on January 2, 2013. Shortly thereafter, on January 11, 2013, the Board sent two notices to Judge Jenkins explaining that she may be required to file supplemental reports for the past elections in which she had run. The Notices explained that she was not required to file such a report if she "did not serve in any elected public office during the 2012 calendar year", and either (1) the campaign deficit from the prior election is less than $2500 or (2) the previous election was prior to 2008 and her campaign has not received any additional contributions or made any loan repayments since 2008.

Based on the Notices, Judge Jenkins reasonably concluded that she was not required to file a supplemental report, for the 1996 election with respect to the 2012 reporting period. Her understanding was based on the facts that: (1) she did not serve in any elected public office during the 2012 calendar year, (2) the 2003 campaign fund did not have a deficit or surplus that exceeds $2500.

Comments:
ELECTION: October 4, 2003


TYPE OF REPORT: 2012 Supplemental


DAYS LATE: 324


ASSESSED FEE: $1,000


REPORT DUE: February 15, 2013


REPORT FILED: January 5, 2014


ACTIVITY REPORTED: $0 in Receipts, $0 in Disbursements and $0 funds on hand


OTHER LATE FILINGS: 6


2005 Supplemental in connection with the 5/21/05 election, filed 2 days late $120 fine paid


2005 Supplemental in connection with the 11/2/04 election, filed 2 days late $200 fine paid

2008 Supplemental in connection with the 5/21/05 election, filed 15 days late $1,000 fine paid


2008 Supplemental in connection with the 11/2/04 election filed 15 days late $600 fine paid

2009 Supplemental in connection with the 5/21/05 election, filed 1 day late $100 fine paid
2009 Supplemental in connection with the 11/2/04 election filed 1 day late $100 fine 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:
Waive the late fee.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2014-082- Sandra Cabrina Jenkins NOD
2014-082: Waiver Request (2)