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Request that the Board waive the $2,500 campaign finance late fee assessed against LA Association of Educators, a political committee whose 10-G campaign finance disclosure report was filed 49 days late. |
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In connection with his request for a waiver of the $2,500 late fee assessed for the late filing of a 10-G campaign finance report, James S. Burland, counsel representing the committee, states that the committee timely emailed to his office its reporting information. However, an employee under his supervision failed to notify him regarding the committee's reporting information, and as a result, the report was untimely filed. He further states that he was not aware of the employee's omission until July 6, 2011, at which time the report was immediately filed.
Furthermore, Mr. Burland asks, if the late fee is not waived, that his firm as the paid preparer be fully liable for this violation.
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ELECTION: April 30, 2011
TYPE OF REPORT: 10-G
DAYS LATE: 49
ASSESSED FEE: $2,500
REPORT DUE: May 18, 2011
REPORT FILED: July 6, 2011
ACTIVITY REPORTED:
$0.00 in receipts $8,210 in disbursements and $110,359.82 in funds on hand
OTHER LATE FILINGS: 1
A 30-P report filed 18 days late, in connection with the April 4, 2009 election. The late fee assessed for the late filing of the report has been 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 as provided in R.S. 42:11457 for each day until such report is filed.
R.S. 18:1505.2O(1) provides that "A fine, fee, or penalty assessed for a violation of this Chapter shall be paid only by the person against whom the fine, fee, or penalty was assessed. All such fines, fees, or penalties may be paid only with the personal funds of such person or with contributions in accordance with Subsection I of this Section; however, the supervisory committee may prohibit a candidate or elected official from using contributions received by, or other campaign funds of, such candidate or elected official or the principal or a subsidiary campaign committee of such candidate or elected official to pay a fine, fee, or penalty, assessed for a violation of this Chapter upon a finding that the violation was intentional or egregious." (Emphasis added.)
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Decline to waive and inform the report preparer that he is not liable for the late fee as it is not assessed against him.
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| Assigned Attorney: |
Kathleen Allen |
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