Meetings
 
Agenda Item
Docket No. 18-1416
 
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RE:
Request that the Board waive a $3,000 campaign finance late fee assessed against Medicine LA PAC, LLC, a political action committee, its committee's chairperson, Steve Spedale, and treasurer, Dale Coffman, in the November 6, 2018 election, whose 90-P campaign finance disclosure report was filed 47 days late.
Facts:
Berkley Durbin, report preparer for MEDICINE LOUISIANA PAC, states that it made a contribution to Louisiana State Representative Julie Stokes in the amount of $500.00 in March 2018. The contribution was made in advance of the notification of a special election for the Office of the Secretary of State and without any knowledge that she would be participating in the statewide election. He states that they did not intentionally fail to file or timely file this disclosure report and that it made a direct contribution to Representative Stokes in her capacity of state representative. He stated that the PAC is on an annual reporting schedule, but upon realizing that Representative Stokes was seeking another office, and that additional reporting may be required, they changed to reporting on the primary election cycle in order to capture the contribution prior to the election.
Comments:
ELECTION: November 6, 2018
TYPES OF REPORT: 90-P
DAYS LATE: 47
ASSESSED FEE: $3,000
REPORTS DUE: August 8, 2018
REPORTS FILED: September 24, 2018
ACTIVITY REPORTED: 90-P - $0.00 in Receipts; $7,350.00 in Disbursements and $10,000.00 Funds on Hand at the Close of Reporting Period


OTHER LATE FILINGS: 1
10/24/2015 Election: 10-G (7 days late) - $1,400 - Paid

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.

18:1505.4C(1) Notwithstanding the provisions of Subsection A of this Section and the provisions of R.S.18:1511.4.1, for a committee that is supporting, opposing, or otherwise influencing the nomination or election of a person to public office, the maximum amount of the penalty that shall be imposed for knowingly failing to file or knowingly failing to timely file any report required by this Chapter for a special election shall be the total of the expenditures made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person or persons to public office in such special election or the maximum penalty under the provisions of Subsection A of this Section, whichever is less.

(2) Notwithstanding any other provision of this Section and the provisions of R.S. 18:1511.4.1, for a committee that is supporting, opposing, or otherwise influencing the nomination or election of a person to public office that has made an expenditure in the form of a direct contribution to a candidate who was an elected official at the time of the contribution and who determines, after the contribution was made, to seek an office other than the office the candidate held at the time the contribution was made, no penalty for knowingly failing to timely file shall be assessed provided the contribution was disclosed on a report filed by the political committee prior to the election in which the candidate participates.


Recommendations:
Rescind the late fee.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2018-1416 Waiver Request