Meetings
 
Agenda Item
Docket No. 16-872
 
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RE:
Request that the Board waive the $1,000 campaign finance late fee assessed against Timothy P. Bonura, in his capacity as a person participating in the April 9, 2016 proposition election, whose 40-E campaign finance disclosure report was filed 96 days late.
Facts:
Timothy P. Bonura states that he timely filed the Special Report for Propositions/Recall Elections, but was not aware of the 40th day after the election report (40-E). He would have completed and filed it, but has been unable to locate the 40-E report form.


Comments:
ELECTION: April 2016 proposition election
TYPES OF REPORT: 40-E
DAYS LATE: 96
ASSESSED FEE: $1,000
REPORTS DUE: May 19, 2016.
REPORTS FILED: August 23, 2016
ACTIVITY REPORTED: Special Report filed on 4/7/2016 - $1,728.45 in Receipts, $1,728.45 in Disbursements.


OTHER LATE FILINGS: NONE





Law:
1486C.(1) The reports required as provided in Paragraph A(1) of this Section shall be filed not later than the thirtieth day prior to the election, which shall be complete through the fortieth day prior to the election, not later than the tenth day prior to the election, which shall be complete through the twentieth day prior to the election, and not later than the fortieth day after the election, which shall be complete through the thirtieth day after the election. During the period from midnight of the twentieth day prior to the election and extending through midnight of election day a report shall be filed within forty-eight hours after the time any contribution, loan, or transfer of funds is received
and accepted or expenditure in excess of two hundred dollars is made; if such time falls other than during regular working hours, this report shall be filed with the supervisory committee on the next working day after the report is otherwise due. Such report shall provide information relative to such contributions, loans, and transfers of funds and expenditures in excess of two hundred dollars as provided in R.S. 18:1491.6(C). If the report filed on the fortieth day after the election shows a deficit, the person or political committee reporting shall be required to file supplemental reports as required by R.S. 18:1491.6(D).






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. 18:1511.4.1 for each day until such report is filed.
(2)(a) (iv) The amount of such penalty is Forty dollars per day, not to exceed one thousand dollars, for any person or the treasurer or chairman of any political committee, not supporting or opposing a candidate, but only supporting or opposing any proposition or question submitted to the voters or any recall of a public officer.

Recommendations:
Suspend all but $100 based on future compliance. The fine is payable within 30 days or the suspended portion becomes due and owing.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2016-872 - 40-E Waiver Request