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Request that the Board waive the $2,000, $550 and $2,000 campaign finance late fees assessed against Perry Nicosia, a candidate for District Judge, District Court - 34th JDC- St. Bernard Parish, Division C in the March 27, 2010 election, whose 2015, 2016 and 2017 Supplemental campaign finance disclosure reports were filed 876, 511 and 146 days late, respectively. |
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Perry Nicosia states that earlier this year, after the 2017 campaign finance report was filed for his November 2014 campaign, his CPA, Mr. Johnson, discovered, through discussions with the Campaign Finance Division of Louisiana Board of Ethics, that the previous March 2010 Judge campaign did not have to be closed and could be left open because of the unpaid debt owed to him. However, in order to make that happen, he stated the previously closed March 2010 campaign had to be reopened to restore the remaining unpaid debt to himself and he could then utilize campaign contributions made to him for the November 2014 election in order to repay debt owed to him on his March 2010 campaign. Therefore, he states the calendar year 2015, 2016 and 2017 campaign finance supplemental filings were prepared to accommodate the excess contributions received and restore the unpaid debt.
He states that Mr. Johnson's action in closing the March 2010 campaign reports shows their good faith in not allowing the March 2010 election report to linger open with no activity. He feels this circumstance is not the typical neglect in not filing a reports and does not think the time delays should be held against him during the period of the March 2010 election since it was closed in good faith and with no intent to disregard the law.
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ELECTION: March 27, 2010
TYPES OF REPORT: 2015, 2016 and 2017 SUPP
DAYS LATE: 876, 511 and 146
ASSESSED FEE: $2,000, $550 and $2,000
REPORTS DUE: February 16, 2016; February 15, 2017 and February 15, 2018
REPORTS FILED: All - July 11, 2018
ACTIVITY REPORTED: 2015 SUPP: $5,350 in Receipts; $5,350 in Disbursement (Loan Repayment); $-0 Funds on Hand at Close of Reporting
2016 SUPP: $550 in Receipts; $550 in Disbursements (Loan Repayment); $-0 in Funds on Hand at Close of Reporting Period
2017 SUPP: $1,600 in Receipts; $1,600 in Disbursements (Loan Repayment); $-0 Funds on Hand at Close of Reporting Period
OTHER LATE FILINGS: None
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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.
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Decline to waive for the 2015, 2016, and 2017 supplemental reports.
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| Assigned Attorney: |
Jennifer Land |
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