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Waiver request submitted by Alton McGee III, candidate for Bastrop Board of Aldermen, District B- Morehouse Parish (population 11,365) in the March 25, 2017 election, regarding a $1500 late fee assessed for filing his 2016 Tier 3 candidate pfd 108 days late. |
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Mr. McGee stated that he did respond to the notice of delinquency. He stated that he faxed the disclosure statement to our agency. He explained that he did not have a transmission receipt to show that it was a successful transmission; however, while not sure of the exact date, he is certain that he faxed it (from Delhi High School) February 9-20, 2017. Mr. McGee stated that he faxed his campaign report and disclosure statement together. A request was sent to the IT Division asking that a search be conducted on the agency server to determine if a disclosure statement was filed. Result: On February24, 2017, McGee faxed a campaign finance report. A disclosure statement was not received.
Mr. McGee further stated that he is a public servant with nothing to gain by not filing a disclosure statement. He stated that the late fee is $1000 more than he actually spent on his campaign and only received $50 in donations.
Mr. McGee also stated that he and his wife are going through a divorce; they do not earn a lot of money; and he is currently unemployed. Correspondence was sent to Mr. McGee asking for supporting documentation. No response has been received.
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TYPE OF REPORT: 2016 Tier 3 Candidate Report
ORIGINAL FILING DATE: January 19, 2017
DATE NOD RECEIVED: February 9, 2017 (signed for by Lydia McGee)
DATE REPORT FILED: June 8, 2017
DAYS LATE FROM NOD: 108 days
DAYS LATE FROM ORIGINAL DUE DATE: 140
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 1 reports or amendments
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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 three (3) business days after the close of the qualifying period during which the candidate files 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 seven (7) business days after receipt of the notice of delinquency.
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Suspend all but $400 based on future compliance with the reporting requirements under the Code of Ethics. The $400 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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