| Request that the Board waive a $1,000 campaign finance late fee assessed against McKinley "Pop" Keller, a candidate for Police Juror, District 6, Avoyelles Parish in the October 12, 2019 election, whose 10-G campaign finance disclosure report was filed 102 days late. |
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McKinley Keller requests a waiver and states the following:
For nearly forty (40) years of his life, he has done his very best to serve Louisiana (Avoyelles Parish) as a public servant. However, on May 14, 2019, he suffered extreme hardship in the form of a major medical procedure (medical records attached). His recovery process was long and cumbersome. As a matter of fact, he is still receiving physical and occupational therapy at this time, and using a wheelchair and walking cane to assist him with my daily mobility. It wasn't until he was notified that he realized that he had not filed it. Upon second notification, he promptly submitted the report at that time, but it was too late to avoid being assessed the late fee.
Staff notes:
Mr. Keller was an "any other" office candidate. As such, he did not need to file reports unless he received a contribution over $200 or made expenditures in the aggregate over $2,500. Staff did not know he was required to file until he filed the 10-P report late, for which he was assessed a late fee. Notices of delinquency for the 10-G report were mailed to candidates before Mr. Keller's report was reviewed by staff. Accordingly, Mr. Keller was not sent a NOD for the 10-G.
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ELECTION: October 12, 2019
TYPES OF REPORT: 10-G
DAYS LATE: 102
ASSESSED FEE: $1,000
REPORTS DUE: November 6, 2019
REPORTS FILED: February 18, 2020
ACTIVITY REPORT: $-0 Receipts; $-0 Expenditures; $-0 Funds on Hand at the Close of Reporting Period.
OTHER LATE FILINGS: ONE
10-P (14 days late)- $500
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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.
Section 1205C of the Rules for the Board of Ethics provides that "[i]f a report is filed more than 10 days late and the amount of activity on the report is less than the amount of the late fee to be assessed, the staff may reduce the late fee to the amount of activity or 10 times the per-day penalty, whichever is greater."
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1) Reduce $1,000 late fee to $400.
2) Suspend all but $160 of the late fee based on future compliance and payment within 30 days.
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| Assigned Attorney: |
Kathleen Allen |
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