Meetings
 
Agenda Item
Docket No. 19-657
 
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RE:
Request that the Board waive the two (2) $2,000 campaign finance late fee assessed against Tim Bailey, a candidate for State Representative, 73rd Representative District, in the October 24, 2015 election, whose 2017 Supplemental report has not been filed and whose 2018 Supplemental report was filed 85 days late.
Facts:
Tim Bailey states that he submitted the 2018 supplemental report on February 15, 2019. He got a phone call the following day from the Board's IT Department who informed him that they had been experiencing technical difficulties and that he should resubmit the report, even though the report was now late, which he did. He states he later received a late fee order for the report so he called and spoke with the IT Department to try to figure out why the report did not go through. The IT representative looked up his account and could see the reports filled out and gave some possible reasons for them not being received. He has since learned that preparing the report on his tablet could have contributed to a technical error as well.

Mr. Bailey recently spoke with staff regarding the 2017 supplemental report and stated that he thought his activity for this report was supposed to be included in his 2018 supplemental report. He was advised that he needs to file a separate report for the 2017 supplemental report.


Comments:
ELECTION: October 24, 2015
TYPES OF REPORT: 2017 & 2018 SUPPL
DAYS LATE: Not filed & 85
ASSESSED FEE: $2,000 & $2,000
REPORTS DUE: February 15, 2018 & February 15, 2019
REPORTS FILED: Not Filed & May 11, 2019

ACTIVITY REPORT: 2018 Suppl: $-0- Receipts; $0 Expenditures; $-0-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:
Decline to waive for the 2017 supplemental report.


Waive the late fee for the 2018 supplemental report.

Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2019-657 Waiver Request