| Request that the Board waive a $2,000 campaign finance late fee assessed against Renee Hoffpauir-Klan, a candidate for State Senate, District 30, in the October 12, 2019, and her committee's treasurer, Michael Sanders, whose 10-G campaign finance disclosure report was filed 72 days late. |
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Renee Hoffpauir-Klan and Michael Sanders request a waiver and state the following: On November 12, 2019, they received the notice of delinquency and immediately contacted the Ethics' office. They filed the report that same day. What he did not know was that when he submitted the report on November 12, 2019, something glitched either on the computer or the website, the report was not successfully submitted. He did not know this, as it was showing up in existing reports tab online. On January 17, 2020, they receive another certified letter stating the report was not filed. This is when he contacted Campaign Finance and discovered the 10-G filed on November 12, 2019 did not submit successfully. He immediately went online and resubmitted the report and verified it by phone with Campaign Finance that they received it.
Staff notes:
Candidate, as an electronic filer, was sent an email on October 31, 2019 as a reminder that the 10-G was required to be filed. A notice of delinquency was sent on November 8, 2019. The chairman called on November 12, 2019 and staff explained reporting requirements. IT staff confirmed that the the 10-G report was created on November 12, 2019, but was not filed until January 17, 2020.
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ELECTION: October 12, 2019
TYPE OF REPORT: 10-G
DAYS LATE: 72
ASSESSED FEE: $2,000
REPORT DUE: November 6, 2019
REPORT FILED: January 17, 2020
ACTIVITY REPORT: 10-G: $-0 Receipts; $687.14 Expenditures and $-0 Funds on Hand at the Close of the Reporting Period
OTHER LATE FILINGS: ONE - PAID
30-P (8 days late) - $480
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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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Reduce the $2,000 late fee to $688; and, suspend all but $360 of the $688 late fee based on future compliance and payment within 30 days.
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| Assigned Attorney: |
Kathleen Allen |
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