Meetings
 
Agenda Item
Docket No. 19-569
 
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RE:
1. Request that the Board waive the $1,000 campaign finance late fees assessed against Omar Khalid Mason, a candidate for Judge, Civil District Court, Division J and his committee's chairperson, Lynn Luker, and treasurer, Gilbert Jones, in the October 14, 2017 election whose 2018 Supplemental campaign finance disclosure reports were filed 11 days late. AND 2. Request to waive the $700 campaign finance late fee assessed against Omar Khalid Mason, a candidate for Judge, Civil District Court, Division E and his committee's chairperson, Lynn Luker, and treasurer, Gilbert Jones, in the November 6, 2018 election, whose 40-G campaign finance disclosure report was 7 days late.
Facts:
Ashton M. Jackson, campaign treasurer for Omar Khalid Mason, states the delay in filing the 40-G report was due to an oversight on his part. He originally thought the 40-G was due at or about the same time the Supplemental & Annual reports were due. When it was brought to his attention that it was late on January 24, 2019, he states he immediately rectified the situation by filing it that day. To avoid this honest mistake from happening again in the future, he has taken the necessary steps to deploy a system where upcoming reporting deadlines are displayed in several areas to serve as constant reminders.

In reference to the 2018 Supplemental report, Mr. Jackson states Judge Omar Mason personally loaned his 2017 campaign roughly $57,000. This loan was properly reported on all relevant 2017 campaign cycle reporting. Although his unsuccessful campaign ended with a surplus, it was not nearly enough to recoup his personally loaned funds. Judge Mason elected to bypass paying himself any portion of the loan with hopes of recouping his funds during a future campaign. In early 2018, Judge Mason decided to launch a 2018 campaign for a different office. Due to early cash flow problems, Judge Mason loaned his 2018 campaign roughly $20,000. The entire life of this loan was reported during the 2018 campaign cycle. Failure to file the 2017 Supplemental & Annual report was due to a disconnect as to what needed to be filed. Since the 2017 campaign was inactive with no activities during the 2018 cycle and only a candidate's personally-loaned debt as its only balance, it was originally thought the debt was absorbed in the 2018 campaign ending balance that was used to jump-start his 2018 campaign. It was later discovered that while the cash from the 2017 campaign ending balance was used for the 2018 campaign election, the two debts (outlined above) had to be reported/maintained separately. A 2018 Supplemental & Annual Report showing the outstanding debt, even with no activities, was required to be filed by February 2019. The report was filed immediately after being notified.

Comments:
ELECTION: October 14, 2017 and November 6, 2018
TYPES OF REPORT: 2018 SUPPL and 40-G
DAYS LATE: 11 and 7
ASSESSED FEE: $1,000 and $700
REPORTS DUE: February 15, 2019 and January 17, 2019
REPORTS FILED: February 26, 2019 and January 24, 2019


ACTIVITY REPORT: 2018 SUPPL: $-0 Receipts; $-0 Expenditures; $5,523.53 Funds on Hand at the Close of Reporting Period.

40-G $58,681.95Receipts; $95,788.30 Expenditures; $8,797.31 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.

18:1495.4D(1) If the final report of a candidate for an election, as required by Paragraph (5), (6), or (7)of Subsection B of this Section, shows a deficit or a surplus, the candidate and his treasurer, if any, shall file supplemental reports with the supervisory committee of all information required in R.S. 18:1495.5. Such reports shall be filed annually no later than February fifteenth and shall be complete through the preceding December thirty-first. Such a supplemental report shall be filed each year until a report has been filed which shows no deficit and until any surplus campaign funds have been disposed of in accordance with R.S. 18:1505.2(I). The report on surplus funds shall disclose the disbursement of such funds in the same manner as expenditures are reported.

Recommendations:
Suspend all but $300 based on future compliance for the 2018 supplemental report. The late fee must be paid within 30 days or the suspended portion becomes due and owing.


Decline to waive for the 40-G report.

Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2019-569 Waiver Request
2019-569- Waiver Request Supplemental and Annual Reports