Meetings
 
Agenda Item
Docket No. 11-1646
 
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RE:
Request that the Board waive the $720 late fee assessed against Michael Thomas, a candidate for Sheriff of Washington Parish in the October 22, 2011 election, whose 30-P campaign finance disclosure report was filed 12 days late.
Facts:
In connection with his request for a waiver of the $720 late fee assessed for the late filing of a 30-P campaign finance report, Michael Thomas states that he filed his report timely, however, it was submitted on paper form. He further states that he was unaware of his requirement to electronically file the report until he received notice from the Campaign Finance division. He filed the report electronically on October 4, 2011. He maintains it was his understanding that a late fee would not be assessed as long as the report was electronically filed by October 6, 2011. Mr. Thomas is a district level candidate. This is his first election. He was an unsuccessful candidate.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORT: 30-P
DAYS LATE: 12
ASSESSED FEE: $720
REPORT DUE: September 22, 2011
REPORT FILED: October 4, 2011
ACTIVITY REPORTED:
$12,980 in receipts $13,899.74 in disbursements and $3,151.65 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.
18:1485C provides "Each candidate for a major or district office and each principal campaign committee of a candidate for a major or district office that receives contributions or loans in excess of twenty-five thousand dollars in the aggregate during the aggregating period or that makes expenditures in excess of twenty-five thousand dollars in the aggregate during the aggregating period shall electronically file reports of contributions and expenditures with the supervisory committee through the Board of Ethics Computerized Data Management System as provided in R.S. 42:1158."

Effective January 1, 2010, Act 25 of the 2008 1st Extraordinary Session requires Major and District office level candidates with more than $25,000 in contributions/loans or more than $25,000 in expenditures in connection with a specific election to electronically file campaign finance disclosure reports. A report is considered not filed until it is filed electronically.

Recommendations:
Reduce the fine to $100 since this is the first time electronically filing and filed within 10 days of notice.

Assigned Attorney: Kathleen Allen
 
 
ATTACHMENTS:
Description:
2011-1646- Waiver Request