Meetings
 
Agenda Item
Docket No. 15-1452
 
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RE:
Request that the Board waive the $4,480 in campaign finance late fees assessed against Donnell Rose, a candidate for Clerk of Court, Madison Parish in the October 24, 2015 Election, whose 30-P campaign finance disclosure report was filed 89 days late, 10-P report was filed 8 days late, and 10-G report was filed 40 days late.
Facts:
In connection with his request that the Board waive the late fees assessed for the late filing of the reports, Donnell Rose states that the reports were late due to medical circumstances with his mother beyond his control. Mr. Rose's mother became terminally ill in 2015, and he was her primary caregiver. Between the hospital stays and the short time in a nursing home, he became overwhelmed and inadvertently overlooked some mail, as well as the important due dates before she passed away in December, 2015. In addition, upon his attempt to return to work, he states that he was fired without good cause and is currently unemployed after serving his community for over 25 years. He states that the late fees would create further financial hardship on him and he simply cannot afford it.
Comments:
ELECTION: October 24, 2015
TYPE OF REPORT: 30-P, 10-P and 10-G
DAYS LATE: 89, 8 and 40
ASSESSED FEE: $2,000, $480, $2,000
REPORT DUE: September 24, 2015, October 14, 2015 and November 12, 2015
REPORT FILED: December 22, 2015, October 22, 2015 and December 22, 2015
ACTIVITY REPORTED: 30-P: $0 Activity; 10-P: $0 Activity; 10-G: $0 Activity


OTHER LATE FEES: 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 1205B provides that staff may rescind a late fee where the candidate shows evidence that he, his report preparer, or an immediate family member of the candidate or his report preparer was seriously ill or died at least 7 days prior to the date the report was due.


Recommendations:
Rescind the late fees for the 30-P, 10-P and 10-G reports based on Rule 1205B.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2015-1452 - Waiver Request