Meetings
 
Agenda Item
Docket No. 19-763
 
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RE:
Request that the Board waive two (2) $1,000 campaign finance late fees assessed against Benjamin Cavin, a candidate for Councilman, District 4, City of Zachary, East Baton Rouge Parish, in the November 4, 2014 election, whose 2016 and 2018 Supplemental campaign finance disclosure reports were filed 43 and 130 days late, respectively.
Facts:
Benjamin Cavin states that after his campaign and election he was left with a balance in his account of just over $235. He states that he honestly didn't know what to do with it and was scared to close the account for fear of committing an unintentional error. This past year he decided not to run for re-election and formally exited his seat in January of 2019. However, he has only recently been made aware through certified mail that he had two outstanding fines totaling $2,000. His first argument for waiving these fines is that the $2,000 dollars in fines over a $235 balance in a checking account that has not been used since his initial bid for public office is excessive and burdensome by any reasonable standard. He would like to add that since being made aware of the issue, he contacted the Board of Ethics and spoke to individuals in departments relating to campaign finance and personal financial disclosures.
Comments:
ELECTION: November 4, 2014
TYPES OF REPORT: 2016 & 2018 SUPPL
DAYS LATE: 43 and 130
ASSESSED FEE: $1,000 and $1,000
REPORTS DUE: February 15, 2017 and February 15, 2019
REPORTS FILED: March 30, 2017 and June 25, 2019


ACTIVITY REPORT: 2016 Suppl: $-0 Receipts; $-0 Expenditures; $231.35 Funds on Hand at the Close of Reporting Period.


11/4/2014Election: 2018 Suppl, $-0 Receipts; $231.35 Expenditures; $-0 Funds on Hand at the Close of Reporting Period.


OTHER LATE FILINGS: ONE - PAID


10-G (5 days late) - $200

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 $100 for each of the 2016 and 2018 supplemental reports based on future compliance. The late fees must be paid within 30 days or the suspended portion becomes due and owing.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2019-763 Staff Memo- Waiver