Meetings
 
Agenda Item
Docket No. 17-1356
 
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RE:
Request that the Board waive $1,020 and $600 campaign finance late fees assessed against Janice Miller, in her capacity as a candidate for City Judge, City Court, ES, 2E, City of Baton Rouge in the October 14, 2017 election, whose Special (48 Hour) campaign finance disclosure reports were filed 17 and 10 days late, respectively.
Facts:
Aneatra Boykin, on behalf of Janice Miller, states the special reports were not filed due to her understanding of the language in the campaign report schedule. She states that she misunderstood "the receipt of $500 or more" to not include loans that the candidate makes to their own campaign. She assumed that the receipt of monies included contributions only. Additionally, she states Mrs. Miller and her husband personally financed her campaign with receipt of less than $2500 in total contributions. She states the payment of the assessed fines would be a great financial hardship on Mrs. Miller. She states Mrs. Miller is currently unemployed and without income to repay the fines.

Comments:
ELECTION: October 14, 2017
TYPES OF REPORT: 2 Special (48Hour)
DAYS LATE:17 and 10
ASSESSED FEE: $1,020 and $600
REPORTS DUE: September 28, 2017 and October 5, 2017
REPORTS FILED: Failed to Report - found on 10-G Report
17 Days: Contribution rec'd on 9-25-17 for $1,600 from George Newman


10 Days: Loan rec'd on 10-2-17 for $3,500 from Janice Miller


ACTIVITY REPORTED: 10-G: $5,400 in contributions; $5,821.34 in expenditures; $65.11 Funds on Hand at the end 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. For purposes of this Paragraph only, a contribution by a candidate for his own campaign for a public office other than a major office or district office shall not be considered in determining whether the candidate has received a contribution in excess of two hundred dollars in the aggregate.

18:1495.4C During the period beginning at midnight of the twentieth day prior to a primary election and extending through midnight of primary election day, and during the period beginning at midnight of the twentieth day prior to a general election and extending through midnight of general election day, each candidate shall file a report with the supervisory committee of:

(1)(a) The full name and address of each person from whom the candidate has received and accepted a contribution or loan during such period in excess of the following amounts: a candidate for any major office, one thousand dollars; a candidate for district office, five hundred dollars; a candidate for any other office, two hundred fifty dollars. (b) Such report shall include the amount and date of each such contribution or loan reported, and a brief description and valuation of each in-kind contribution. If a loan is reported, the report shall contain the name and address of the lender, of the recipient of the proceeds of the loan, and of any person who makes any type of security agreement binding himself or his property, directly or indirectly, for the repayment of all or any part of the loan.

(2) Any expenditure in excess of two hundred dollars made to a candidate, committee, or person required to file reports by this Chapter, who makes endorsements, including the full name and address of each person to whom such expenditure is made, the amount, date, and purpose of each such expenditure, and a brief description and valuation of an in-kind expenditure.

(3) Each report required by this Subsection shall be filed within forty-eight hours after the time the contribution or loan is received or expenditure made. If such time falls other than during regular working hours, the report shall be filed as soon as possible after the opening of the office of the supervisory committee on the next working day after the time at which the report is otherwise due.

Recommendations:
Waive the late fees for both special reports.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2017-1356 Waiver Request