Meetings
 
Agenda Item
Docket No. 15-238
 
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RE:
Request that the Board waive the $2,500 campaign finance late fee assessed against Douglas Hammel, a candidate for 4th Circuit Court of Appeal Judge, Orleans Parish in the November 4, 2014 Election, whose 30-P campaign finance disclosure report was filed 144 days late.
Facts:
In connection with his request that the Board waive the late fee assessed for the late filing of the 30- report, Douglas Hammel states that he withdrew four days after filing his Notice of Candidacy, and hence did not believe reports were required because, in addition to withdrawing only four days after qualifying, he did not spend, collect, or actively raise funds pursuant to the election. Furthermore, Mr. Hammel asserts that he did not receive the Failed to File Late Fee Assessment letter and order that was sent via certified mail despite the fact that he signed the certified green card when his neighborhood mailman assured him that he would provide the letter the following day, but no such delivery ever occurred. Mr. Hammel states that he could obtain an affidavit declaring same if necessary but would need additional time to gather affidavit.
Comments:
ELECTION: November 4, 2014
TYPE OF REPORT: 30-P
DAYS LATE: 144
ASSESSED FEE: $2,500
REPORT DUE: October 6, 2014
REPORT FILED: February 27, 2015
ACTIVITY REPORTED: $0 in Receipts, $0 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 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.

Rule 1205D provides that an automatic late fee shall not be assessed, and if one is assessed, shall be rescinded by the staff, if the candidate officially withdrew with the Secretary of State from the election and received no contributions or loans and/or made any expenditures, excluding his qualifying fee.


Recommendations:
Rescind the late fee pursuant to Rule 1205D.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2015-238 - Waiver Request
2015-238 Secretary of State documents