Meetings
 
Agenda Item
Docket No. 12-533
 
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RE:
Request that the Board waive the $1,560 and $360 campaign finance late fees assessed against Earl F. Dauterive, III, a candidate for St. Bernard Council, Western Division in the October 22, 2011 election, whose 30-P and 10-P campaign finance disclosure reports were filed 26 and 6 days late.
Facts:
In connection with his request for a waiver of the $1,560 and $360 late fees assessed for the late filings of a 30-P and 10-P campaign finance reports, Earl F. Dauterive, III states that he mailed his reports on 10/13/11 (30-P was due on September 22) and 10/18/11 (10-P was due on October 12) by U.S.P.S. and provided receipts for the mailings. He further states that he received his late fee assessment letters regarding the late filings from the Board on October 18, 2011 and responded immediately.He maintains that he believes that nothing was done intentionally to delay his reports and should not be assessed the late fees.
On April 27, 2012, staff contacted candidate to obtain more information regarding his waiver request. Mr. Dauterive stated that his reports were late due he received a contribution from someone, who then later stopped payment on the check. He maintains that he contacted the Campaign Finance division to obtain assistance with reporting a contribution that payment had been stopped payment on. He maintains that the reports were delayed, due to his lack of knowledge regarding reporting the contribution.

Mr. Dauterive is a district level candidate. This is his second campaign. He was an unsuccessful candidate.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORTS: 30-P and 10-P
DAYS LATE: 26 and 6
ASSESSED FEE: $1,560 and $360
REPORTS DUE: September 22, 2011 and October 12, 2011

REPORTS FILED: October 18, 2011
ACTIVITY REPORTED:

30-P and 10-P: $4,250 in receipts, $3,645.96 in disbursements, and $604.04 in funds on hand

OTHER LATE FILINGS: None

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:
2012-533- Waiver Request