Meetings
 
Agenda Item
Docket No. 19-570
 
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RE:
Request that the Board waive a $2,000 campaign finance late fee assessed against Louisiana Assessor's Association PAC, a political action committee, its committee's chairperson, Bobby W. Edmiston, and treasurer, Michelle K. Rodgers, whose 2018 Annual campaign finance disclosure report was filed 10 days late.
Facts:
Brian Eddington, General Counsel for Louisiana Assessors' Association PAC, states that the report was completed, the supporting information was compiled and a check representing the filing was prepared on February 11, 2019. The report and check were placed in a folder which was inadvertently filed rather than being mailed. Upon receipt of notification of delinquency from the Louisiana Ethics Administration, a search began for the report, which was discovered, along with the "statement of organization" and check, in the filing cabinet where all of this information is kept. Upon discovery, a phone call was place to the Louisiana Ethics Administration for help and assistance on the matter and he states they were instructed to fax the report to the Louisiana Ethics Administration. A copy of the report was immediately faxed and the report and payment check were mailed on the same date. Also, he asks the Board to note that it is his understanding that this is a "first offense" violation and that the Louisiana Assessor's Association PAC timely filed all previous annual reports and the only expenditure was for filing fees to the LA Ethics Administration.
Comments:
ELECTION: March 24, 2018
TYPES OF REPORT: 2018 Annual
DAYS LATE: 10
ASSESSED FEE: $2,000
REPORTS DUE: February 15, 2019
REPORTS FILED: February 25, 2019
ACTIVITY REPORTED: $-0 in Receipts; $100 in Disbursements and $4,609.19 Funds on Hand at the Close 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.

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:
Suspend all but $500 based on future compliance. The late fee must be paid within 30 days or the suspended portion becomes due and owing.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2019-570 Waiver Request