Meetings
 
Agenda Item
Docket No. 11-1500
 
Print
RE:
Request that the Board waive 7 late fees totaling $18,000 total assessed against Badge Star, a political committee whose campaign finance disclosure reports in connection with the October 2, 2010, February 19, 2011 and October 22, 2011 election were filed late.
Facts:
In connection with his request for a waiver of the $3,000, $3,000,3,000, $3,000,$1,000, $3,000, and $2,000 ($18,000 total) late fees assessed for the late filings of 30-P, 10-P, 10-G, 40-G,10-G, 180-P, and 90-P campaign finance reports, Irvin J. Hingle, chairman for the committee, states that it was his understanding that the committee's reporting requirements were the same as a candidate's Annual report requirement. He further states that under that assumption, the committee filed a annual report, leading him to believe that all filing requirements had been met.

Comments:
ELECTION: October 2, 2010

TYPE OF REPORTS: 30-P, 10-P, 10-G, 40-G

DAYS LATE: 347, 319, 286, and 238 days
ASSESSED FEES: $3,000, $3,000,3,000, and $3,000
REPORTS DUE:

30-P-9/2/2010, 10-P-9/22/2010,10-G-10/25/2010, 40-G-12/13/2010

REPORTS FILED:

30-P-8/15/2011, 10-P-8/7/2011, 10-G-8/7/2011, 40-G-8/8/2011
ACTIVITY REPORTED:

30-P: $44,000 in receipts, $27,287.40 in disbursements, and $16,712.60 in funds on hand.
10-P: $44,000 in receipts, $28,537.40 in disbursements, and $15,462.40 in funds on hand.

10-G: $21,000 in receipts, $2,000 in disbursements, and $34,462.60 in funds on hand.

40-G: $49,550 in receipts, $6,425.00 in disbursements, and $77,587.60 in funds on hand.

OTHER LATE FILINGS: None



ELECTION: February 19, 2011
TYPE OF REPORT: 10-G
DAYS LATE: 165 days
ASSESSED FEES: $1,000

REPORT DUE: 10-G-3/9/2011

REPORT FILED: 10-G-8/21/11

ACTIVITY REPORTED:

10-G: $0 in receipts, $9,850 in disbursements, and $78,047.80 in funds on hand.

OTHER LATE FILINGS: None



ELECTION: October 22, 2011
TYPE OF REPORTS: 180-P and 90-P
DAYS LATE: 121 and 31 days
ASSESSED FEES: $3,000, and $2,000

REPORTS DUE: 180-P-4/25/11, and 90-P-7/25/11
REPORTS FILED: 180-P-8/24/11, 90-P-8/25/11
ACTIVITY REPORTED:

180-P: $0 in receipts, $14,450 in disbursements, and $63,697.60 in funds on hand.

90-P: $72,100 in receipts, $31,431.81 in disbursements, and $104,285.79 in funds on hand.

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 as provided in R.S.42:1157 for each day until such report is filed.

Recommendations:
Decline to waive the late fees (totaling $13,000) for the 10/2/2010 and 2/19/2011 elections.

In connection with the October 22, 2011 election, reduce the 180-P late fee from $3,000 to $800 since a notice of delinquency was not mailed to the political committee for that report. Decline to waive the 90-P assessment.

Total late fees are $15,800.

Assigned Attorney: Kathleen Allen
 
 
ATTACHMENTS:
Description:
2011-1500- Waiver Request