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Request that the Board waive the $780 late fee assessed against Lynn Cawthorne, a candidate for State Representative, 3rd District, in the October 22, 2011 election, whose 30-P campaign finance disclosure report was filed 13 days late. |
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In connection with his request for a waiver of the $780 late fee assessed for the late filing of a 30-P campaign finance report, Lynn Cawthorne states that his report was timely filed; however, it was submitted on paper form. He maintains that his report preparer miscalculated the total contribution when she mistakenly thought the contribution totals were under $25,000; and therefore, his report was not electronically filed as required. Upon receipt of notice from the Campaign Finance division, the report was electronically filed. Mr. Cawthorne is a district level candidate. This is his first election. He was an unsuccessful candidate.
The report filed in paper format that was filed by the candidate disclosed contributions received during the subsequent reporting period. The additional contributions exceeded the $25,000 threshold that required electronic filing. However, when the electronic report was filed for the correct reporting period, the candidate did not go over the $25,000 threshold. Therefore, he was not required to electronically file.
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ELECTION: October 22, 2011
TYPE OF REPORT: 30-P
DAYS LATE: 13
ASSESSED FEE: $780
REPORT DUE: September 22, 2011
REPORT FILED: October 5, 2011
ACTIVITY REPORTED:
$22,625 in receipts $5,498.49 in disbursements and $17,126.51 in funds on hand
OTHER LATE FILINGS: none
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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.42:1157 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.
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| Assigned Attorney: |
Kathleen Allen |
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