Meetings
 
Agenda Item
Docket No. 11-1883
 
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RE:
Request that the Board waive the $180 and $600 campaign finance late fees assessed against Johnny "I Can" Duncan, a candidate for State Representative, 72nd District, in the October 22, 2011 election, whose 10-P and 10-G campaign finance disclosure reports were filed 3 and 12 days late.
Facts:
In connection with his request for a waiver of the $180 and $600 late fees assessed for the late filing of a 10-P campaign finance report, Johnny " I Can" Duncan, states that he placed his report in the mail on the date it was due. However, it was not received by the campaign finance department until three days later. He furthers states that he was informed by a campaign finance compliance officer that the post office did not stamp the envelope in which the report was mailed. He ask that the Board waive the late fee due to the USPS failed to provide a date stamp on his mail. As for the late filing of his 10-G campaign finance disclosure report, Mr. Duncan states that ever since 1999 he ran for State Representative under the name "Johnny Nick Duncan", and his reports have been late or missing. Mr. Duncan is a district level candidate. This is his eighth campaign. He was an unsuccessful candidate.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORTS: 10-P and 10-G
DAYS LATE: 3 and 12
ASSESSED FEES: $180 and $600
REPORTS DUE: October 12, 2011 and November 9, 2011
REPORTS FILED: October 15, 2011 and November 21, 2011
ACTIVITY REPORTED:
10-P: $0 activity
10-G: $0 activity
OTHER LATE FILINGS: 7. The candidate has a total of six reports filed late in connection with the October 23, 1999, September 18, 2004, and October 4, 2008. The late fees assessed for the late filing of the reports have been paid. The candidate was assessed a $180 late fee for filing his 30-P report 3 days late in connection with the October 22, 2011 election. The late fee has not 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.



Recommendations:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2011-1883- Johnny _I Can_ Duncan-waiver request letter
2011-1883- Waiver Request