| Untimely reconsideration of a waiver request submitted by Dadrius Lanus, an unsuccessful candidate for State Representative of District 63, regarding a $2500 late fee assessed for filing his 2009 tier 2 candidate pfd 887 days late. |
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The Board previously decline to waive the late fee and offered a payment plan.
New Information:
Mr. Lanus has submitted documents evidencing that he is enrolled as a student at Southern University in the MBA program and that he is also enrolled as a student at Southern University Law School in the night program. Mr. Lanus is not employed full-time because he is in school. He states that the imposition of the late fee would create a financial hardship.
This was Mr. Lanus' first election and he was not elected.
Initial Information:
The due date to pay the $2500 fine or request a waiver was May 6, 2013. The waiver request was submitted November 14, 2013. It was 192 days late.
Mr. Lanus states that his election packet that he received was severely water damaged. After receiving a certified letter from the staff, he contacted the staff to receive a new packet. He says he was assessed campaign finance fees and request a waiver before the board. The fines were reduced. He assumed the pfd fines were included in the reduced fines from the February 2013 Board meeting.
Campaign Finance Fines:
May 1, 2010 Election
10-P Report filed 48 days late, $600 fine, past due, sent demand letter with due date of 12/12/13
Special Report filed 39 days late, $60 fine, past due, sent demand letter with due date of 12/12/13
EDE-P Report filed 28 days late, $200 fine, past due, sent demand letter with due date of 12/12/13
10-G Report filed 20 days late, $200 fine, past due, sent demand letter with due date of 12/12/13
Staff has agreed to allow him until February 2014 to enter into a payment plan with the Campaign Finance fines.
The campaign fines have been reduced pursuant to a waiver request considered by the Board in August 2010. In May 2013, an appeal before the EAB was dismissed for Mr. Lanus' failure to appear at the hearing.
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TYPE OF REPORT: 2009 Tier 2 Candidate Report (May 1, 2010 election)
DATE NOD RECEIVED: September 16, 2010
DATE REPORT FILED: December 17, 2012
DAYS LATE: 887 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
CAMPAIGN FINANCE FINES DUE: $1060 (4 REPORTS)
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La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.
La. R.S. 42:1124.4 of the Code provides that upon discovery of the failure to file, failure to timely file, omission of information or inaccurate information, the Board shall notify the filer by sending him a notice of delinquency by certified mail. The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such failure, omission, or inaccuracy must be filed no later than seven (7) business days after receipt of the notice of delinquency.
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Suspend all but $1,000 based on future compliance. The $1,000 is payable within 30 days unless other payment arrangements are made. If other payment arrangements are not made and payment is not received within 30 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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