Meetings
 
Agenda Item
Docket No. 19-356
 
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RE:
Request that the Board waive a $2,600 campaign finance late fee assessed against DFER LA, a political action committee, its committee's chairperson, Eva Kemp, and treasurer, Patrick Van Keerbergen, in the March 24, 2018 election, whose 10-G campaign finance disclosure report was filed 13 days late.
Facts:
Mary C. Hoffman, report preparer for DFER LA, states that she started with this group earlier last year and has filed several reports. In the early days of her tenure there was some confusion getting the correct information for reporting in a timely fashion. They have since corrected these issues and have filed several reports on time and will continue to do so moving forward.
Comments:
ELECTION: March 24, 2018
TYPES OF REPORT: 10-G
DAYS LATE: 13
ASSESSED FEE: $2,600
REPORTS DUE: April 18, 2018
REPORTS FILED: May 1, 2018
ACTIVITY REPORTED: 10-G - $5,000 in Receipts; $1,765 in Disbursements and $12,793.54 Funds on Hand at the Close of Reporting Period


OTHER LATE FILINGS: 2 - PAID
10/24/2015 Election: 10-G (2 days late) - $400 - Paid

3/5/2016 Election: 10-G (2 days late)-$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:
Decline to waive.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2019-356 Waiver Request