Meetings
 
Agenda Item
Docket No. 12-364
 
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RE:
Request that the Board waive the $780 campaign finance late fee assessed against Terry W. Sercovich, a candidate for Sheriff of Plaquemines Parish, in the October 22, 2011 election, whose 10-G campaign finance disclosure report was filed 13 days late.
Facts:
In connection with his request for a waiver of the $780 late fee assessed for the late filing of a 10-G campaign finance report, Terry W. Sercovich states that he did not accept public or private money concerning his October 22, 2011 campaign. He only made a personal loan from a bank. In the past, he has never had to file anything other than an affidavit, with regard to his past campaigns. He maintains that he filed a written report because he miscalculated his total amount, which was a few hundred dollars over the $25,000 limit. He further states that he received notice from the Campaign Finance division informing him of his requirement to electronically file his report. He immediately filed the report upon receipt of notice. He ask that the Board waive or partially waive the late fee assessment. Mr. Sercovich is a district level candidate. This is his fourth campaign. He was an unsuccessful candidate.
Comments:
ELECTION: October 22, 2011
TYPE OF REPORT: 10-G
DAYS LATE: 13
ASSESSED FEE: $780
REPORT DUE: November 9, 2011

REPORT FILED: November 22, 2011
ACTIVITY REPORTED:
$5,000 in receipts, $525 in disbursements, and $7,823.18 in funds on hand
OTHER LATE FILINGS: 4

A 30-P, 10-P, EDE-P, and 10-G campaign finance reports filed 138, 118, 91, and 85 days late, in connection with October 5, 2002 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. 18:1485C. 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. 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:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-364- Waiver Request