| Request for reconsideration of the Board's decision to decline to waive a $480 campaign finance late fee assessed against Rodney B. Nicholas, a candidate for Parish President, St. John the Baptist Parish, in the October 12, 2019 election, whose Special campaign finance disclosure report was not filed. |
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Initial Waiver Request:
Rodney B. Nicholas requested a waiver and stated the following:
He is requesting a a waiver of a $480 fine for not reporting an in-kind contribution over $500. This was a campaign purchase made on his credit card which he was disputing because his card was overcharged and the vendor did not deliver as promised. It took the credit card company approximately 30 days to resolve the issue, so he didn't know the exact amount he would owe the vendor would be over $500 until after they researched the purchase. Therefore, he didn't know the exact amount of the transaction until the issue was resolved 30 days later.
Reconsideration Information:
Mr. Nicholas stated that following:
He contracted with Gulf South Resources to do a mailout. They sent him an invoice. However, the charge came through on his credit card for "Big Easy Construction." He had not heard of that company, so he disputed the charge. He said it took 30 days for the credit card to resolve the issue. He says he acted in good faith; and, that when someone acts in good faith and is penalized, it discourages participation.
Staff Notes:
Mr. Nicholas spoke with a compliance officer on October 10, 2020 wanting to know when next report was due. Staff explained Special and EDE-P reporting criteria and 10-G reporting period and due date. Additional information was asked of Mr. Nicholas on June 12, 2020, but no response was received.
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ELECTION: October 12, 2019
TYPES OF REPORT: SPECIAL
ASSESSED FEE: $480
REPORTS DUE: October 4, 2019
REPORTS FILED: In-Kind contributions identified on the 10-G
ACTIVITY REPORT: 10/1/2019 In Kind Contribution: Rodney B. Nichols (campaign mail out) for $5649.
OTHER LATE FILINGS: TWO- PAID
Election 10/24/2015: 10-P (1 days late) - Suspend All - Reassessed $60- Paid
10-G (1 days late)- Suspend All - Reassessed- $60- Paid
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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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Affirm decision to decline to waive.
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| Assigned Attorney: |
Kathleen Allen |
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