Meetings
 
Agenda Item
Docket No. 20-544
 
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RE:
Request that the Board waive a $720 campaign finance late fee assessed against Annette Smith Joseph, a candidate for Clerk of Court, Assumption Parish, in the October 12, 2019 election, whose 40-G campaign finance disclosure reports was filed 12 days late.
Facts:
Annette Smith Joseph states the following:

It was never her intention to miss the filing date. She was unaware that a report was due after the runoff election was over. Upon receiving the certified letter, she completed the report that same day. This was her first time ever running for office and apologizes for her lack of knowledge. After receiving the letter for payment, she became ill and was unable to send her appeal timely. This pandemic has stressed her out. She was sick with what she felt was Covid-19, which she was not tested for but was out of work due to her illness. During that time, she was unable to take care of any business or financial matters. She is asking that you please consider a pardon of these penalties.

Comments:
ELECTION: October 12, 2019
TYPES OF REPORT: 40-G
DAYS LATE: 12
ASSESSED FEE: $720
REPORTS DUE: December 27, 2019
REPORTS FILED: January 8, 2020


ACTIVITY REPORT: $566.80 in Receipts; $566.80 in Expenditures and $-0 Funds on Hand at 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.

18:1495.4D(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.




LAC 52:1205(C) states if 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.


Recommendations:
Reduce to $600 based on Rule 1205C; decline to waive.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2020-544 - CF Waiver Request Annette Smith Joseph 40-G
2020-544- Non-Public Medical Information