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Request for a penalty reduction based on financial hardship resulting from a denial of an untimely waiver request submitted by Lisa Houston regarding a $1,500 late fee for filing her 2009 Tier 3 candidate pfd 673 days late. |
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Lisa Houston has requested a waiver and reconsideration. The Board denied both requests. Ms. Houston filed an appeal with the EAB. However, when Ms. Houston's attorney was advised the EAB cannot reduce or waive the late fee, he filed a Request for Penalty Reduction to be considered by the Board. Mr. Cannon states that Ms. Houston is a single parent with an unemployed daughter and mother who is facing health challenges, both requiring assistance from Ms. Houston.
Prior Information:
Lisa Houston was a candidate for Tallulah City Council in the March 27, 2010 election. On April 15, 2010, Ms. Houston received a notice of delinquency. She filed her report on March 8, 2012, 673 days late. She was assessed a $1,500 late fee.
Ms. Houston states that she did not understand the filing requirements and only thought contributions needed to be reported. Further, she states that the assessment would create a financial hardship; however, no supporting documentation has been submitted.
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TYPE OF REPORT: 2009 Tier 3 Candidate Report
DATE NOD RECEIVED: April 15, 2010
DATE REPORT FILED: March 8, 2012
DAYS LATE: 673 days
ASSESSED LATE FEE: $1,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None
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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. 42:1124.3 requires persons holding a public office who represent a voting district having a population of less than 5,000 and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950 to file a 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 fourteen (14) business days after receipt of the notice of delinquency.
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| Assigned Attorney: |
Tracy Barker |
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