Meetings
 
Agenda Item
Docket No. 12-367
 
Print
RE:
Request that the Board waive the $960 campaign finance late fee assessed against Kenny Ray Cox, a candidate for State Representative, District 23, in the October 22, 2011 election, whose 10-P campaign finance disclosure report was filed 16 days late.
Facts:
In connection with his request for a waiver of the $960 late fee assessed for the late filing of a 10-P campaign finance report, Kenny Ray Cox states that he fax filed his report before the due date. He further states that he was unaware that he was over the $25,000 threshold that required electronic submission. It was not until he received notice from the Campaign Finance division, that he became aware of the requirement to electronically file his report. The report was immediately filed upon receipt of notice. Mr. Cox is a district level candidate. This is his second campaign. He was a successful candidate.
The candidate has also requested an appeal with the Ethics Adjudicatory Board regarding the assessment of the $960 late fee.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORT: 10-P
DAYS LATE: 16
ASSESSED FEE: $960
REPORT DUE: October 12, 2011

REPORT FILED: October 28, 2011
ACTIVITY REPORTED:

$17,276 in receipts, $4,186.37 in disbursements, and $19,017.85 in funds on hand

OTHER LATE FILINGS: 4

A 10-P campaign finance report filed 9 days late, in connection with the October 20, 2007 election. The late fee assessed for the late filing of the report has been paid. A Special and 40-G campaign finance reports filed 5 and 8 days late, in connection with the October 22, 2011 election. The late fee assessed for the Special report has been paid. The late fee for the 40-G report remains outstanding.

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:
Suspend all but $100 based on future compliance because this was his first time having to electronically file.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-367- Waiver Request