Meetings
 
Agenda Item
Docket No. 13-1585
 
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RE:
An appearance in connection with a request that the Board reconsider waive the $1,100 and $100 campaign finance late fees assessed against Nanak Rai, a candidate for Judge, Traffic Court, Division D, Orleans Parish in the October 19, 2013 election, whose 10-P and 10-G campaign finance disclosure reports were filed 11 days and 1 day late.
Facts:
In connection with his request that the Board waive the late fee assessed for the late filing of the report, Mr. Rai states that the reason for the late filing of the report came from the fact that the portal for filing became bottlenecked on the filing date and was rendered unusable at that critical time. He says that therefore, the report while submitted was not received due to the aforementioned computer problems. He was under the impression that the report was received, until he received a notice of delinquency which he immediately remedied. He request that the late fee assessment be waived or substantially reduced.


Mr. Rai also states that the 10-G report was filed late due to the fact that he was informed that his cousin, who lives in India, was dying from cancer and he had to return to India. In his request for reconsideration Mr. Rai states that Mr. Slava Sereda contacted him after his hearing and said that he was in error with regard to testimony he provided at the hearing. He said that Mr. Serada said when he went back to check the date the Board requested, he checked the wrong date and after reviewing the proper filing date he realized that in fact the computer had a problem on the date that he alleged.


Comments:
ELECTION: October 19, 2013


TYPE OF REPORT: 10-P and 10-G


DAYS LATE: 11 and 1


ASSESSED FEE: $1,100 and $100


REPORT DUE: October 9, 2013 and November 6, 2013


REPORT FILED: October 20, 2013 and November 7, 2013


ACTIVITY REPORTED: 10-P $30,491.31 in receipts, $22,791.31 in disbursements and $7,700 funds on hand; 10-G $40,840.51 in receipts, $39,640.51 in disbursements and $1,200 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:
Suspend all but $900 of the assessed late fee for the 10-P and decline to waive the late fee for the 10-G.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-1585: Waiver Request
2013-1585- Nanak Rai NOD 10-P
2013-1585- Nanak Rai Additional waiver request
2013-1585- Documents request Nanak Rai
2013-1585- Nanak Rai - Request for Reconsideration of Waiver