| Request that the Board waive a $1,000 campaign finance late fee assessed against Ricky McPhearson, a candidate for Police Juror, District 6, DeSoto Parish, in the October 12, 2019, whose 40-G campaign finance disclosure report was filed 28 days late. |
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Ricky McPhearson request a waiver and states the following:
He nor anyone in his household signed for this letter. In talking to Ms. Melissa Horn, he thinks the green card was returned to the Board. When he finally got the letter he immediately started working on the report and sent it in. This has happened several times this year. The letter that was dated March 2020 was left in his mailbox with the green card still attached and he still has it. The Post Office is only open for half a day due to budget cuts. With him and his wife working full time, he cannot get by the Post Office during the normal hours unless they are on vacation. But with that being said, he knows he would not have been this late if he had received the notice and signed for it. He will gladly pay a fine, but he is asking for a reduction in the amount due to these circumstances.
Staff notes:
Mr. McPhearson was sent a notice of delinquency for the 40-G report on December 30, 2019. According to the USPS tracking website, it was picked up at the post office on January 16, 2020. The letter to which Mr. McPhearson referred dated March 6, 2020 was the late fee assessment for which he submitted this timely waiver request.
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ELECTION: October 12, 2019
TYPE OF REPORT: 40-G
DAYS LATE: 28
ASSESSED FEE: $1,000
REPORT DUE: December 27, 2019
REPORT FILED: January 24, 2020
ACTIVITY REPORT: $50 in Receipts; $1,607 in Expenditures; Funds on Hand at Close of Reporting Period: $4.60
OTHER LATE FILINGS: ONE -PAID
10-G (1 day late)- $40
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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.
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Suspend all but $100 based on future compliance and payment in 30 days.
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| Assigned Attorney: |
Kathleen Allen |
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