Meetings
 
Agenda Item
Docket No. 17-254
 
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RE:
Request that the Board waive the $280 and $400 campaign finance late fees assessed against Michael "Mike" Richard, in his capacity as a candidate for Alderman, Town of Erath in the November 8, 2016 election, for the late filing of his 10-P and 10-G campaign finance reports which were filed 7 and 50 days late.
Facts:
Chasity N. Hooks, CPA, states her office faxed the 10-P report on 10/18/16 and received fax confirmation. The candidate states he was instructed to fax the report by staff, whom he spoke to after calling the election office for further clarification on the filing. The candidate stated he received a letter on November 7, 2016 that his filing had been received late. The CPA stated she re-faxed the candidate's report and a copy of the original fax confirmation in response to that notice on Nov 7, 2016. She states that Mr. Richard also has been suffering from the effects of shingles since and a degenerative disc disorder for all of 2016, to the point that at times he can barely walk. He states he has been unemployed for two years and lives on a fixed income.








Comments:
ELECTION: November 8, 2016
TYPES OF REPORT: 10-P and 10-G
DAYS LATE: 7 and 50
ASSESSED FEE: $280 and $400
REPORTS DUE: October 31, 2016 and November 30, 2016
REPORTS FILED: November 7, 2016 and January 19, 2017
ACTIVITY REPORTED:10-P: $446.77 in Receipts, $446.77 in Disbursements and $0 Funds on Hand at Close of Reporting Period


10-G: $0 in Receipts, $0 in Disbursements and $0 Funds on Hand at Close of Reporting Period

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.
Recommendations:
Suspend all but $100 for the 10-P report based on future compliance. The late fee must be paid within 30 days or the suspended portion becomes due and owing.

Suspend all for the 10-G report based on future compliance.




Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2017-254 Waiver Request