Meetings
 
Agenda Item
Docket No. 11-1580
 
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RE:
Request that the Board waive the $1,000 late fee assessed against Independent RX PAC, a political committee whose 10-G campaign finance disclosure report was filed 113 days late.
Facts:
In connection with his request for a waiver of the $1,000 late fee assessed for the late filing of a 10-G campaign finance report, Randal Johnson states that the committee made a contribution of $1,000 to a candidate who participated in the 2011 Special election. He further states that the committee regularly reports campaign contributions and did so in this instance. However, the committee was inattentive to the reporting requirements for Special elections. He maintains that upon notice from the Campaign Finance division, the committee filed an amended campaign finance disclosure report with the appropriate corrections made.
Comments:
ELECTION: February 19, 2011
TYPE OF REPORT: 10-G
DAYS LATE: 113
ASSESSED FEE: $1,000
REPORT DUE: March 9, 2011
REPORT FILED: June 30, 2011
ACTIVITY REPORTED:
$0 in receipts $2,262 in disbursements and $18,130 in funds on hand
OTHER LATE FILINGS: 2


A 10-G report filed 127 days late in connection with the September 30, 2006 election, and a 10-G report filed 2 days late in connection with the October 20, 2007 election. The late fees assessed for the late filings of the reports have been paid.

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.

18:1505.4C provides that "Notwithstanding the provisions of Subsection A of this Section and the provisions of R.S. 42:1157, for committees that are supporting, opposing, or otherwise influencing the nomination or election of a person to public office the maximum amount of the penalty that shall be imposed for knowingly failing to file or knowingly failing to timely file any reports required by this Chapter for a special election shall be the total of the expenditures made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person or persons to public office in such special election or the maximum penalty under the provisions of Subsection A of this Section, whichever is less. This Subsection shall not apply to a candidate's principal campaign committee or any designated subsidiary committee of a candidate."

Recommendations:
Decline to waive.

Assigned Attorney: Kathleen Allen
 
 
ATTACHMENTS:
Description:
2011-1580- Waiver Request