Meetings
 
Agenda Item
Docket No. 11-1497
 
Print
RE:
Request that the Board waive the $500 campaign finance late fee assessed against American Sugar Cane League, a political committee whose 10-G campaign finance disclosure report was filed 71 days late.
Facts:
In connection with his request for a waiver of the $500 late fee assessed for the late filing of a 10-G campaign finance report, John Constant, Treasurer for the committee states that the committee made contributions in 2010 to candidates who participated in the 2011 Special election. He further states that the committee reported all contributions made in 2010 on its Annual report filed in January of 2011. He maintains that at the time the contributions were made, the committee was unaware that the candidates would participate in a Special election and believed that reporting the contributions on its 2010 Annual report would satisfy the reporting requirements.
Comments:
TYPE OF REPORT: 10-G
DAYS LATE: 71
ASSESSED FEE: $3,000
REPORT DUE: April 20, 2011
REPORT FILED: June 30, 2011
ACTIVITY REPORTED:
$12,693 in receipts $19,400 in disbursements and $34,776.93 in funds on hand
OTHER LATE FILINGS: 3
A 10-P report filed 5 days late in connection with the April 4, 2009 election, a 10-P report filed 1 day late in connection with the January 22, 2011 election, and a 10-G report filed 5 days late in connection with the February 19, 2011 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.


R.S. 18:1505.4C provides "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: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2011-1497- Waiver Request