Meetings
 
Agenda Item
Docket No. 19-764
 
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RE:
Request that the Board waive a $3,000 campaign finance late fee assessed against TBI PAC Issues, a political action committee, its committee's chairperson, David Rivas, Jr., and treasurer, Douglas C. Burke, whose 2018 Annual campaign finance disclosure report was filed 52 days late.
Facts:
David Rivas, Jr., chairperson for TBI PAC Issues, states that as Director of the PAC he was confident the report was filed timely and was deeply disappointed to learn he was mistaken. He states they have recently had significant changes in the personnel of their bookkeeping and accounting offices and this is the reason it was filed late. He realizes this turnover issue is not a valid excuse for the lateness of their filing. However, it is the reason they missed the deadline.
Comments:
ELECTION: Future Election
TYPES OF REPORT: 2018 Annual
DAYS LATE: 52
ASSESSED FEE: $3,000
REPORTS DUE: February 15, 2019
REPORTS FILED: April 8, 2019
ACTIVITY REPORTED: $159,251.79 in Receipts; $39,100.56 in Disbursements and $197,497.11 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:
Decline to waive.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2019-764 Staff Memo- Waiver Request