Meetings
 
Agenda Item
Docket No. 12-539
 
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RE:
Request that the Board waive the $240 campaign finance late fee assessed against Lee W. Balinas, a candidate for State Representative, District 76, in the October 20, 2007 election, whose Supplemental campaign finance disclosure report was filed 4 days late.
Facts:
In connection with his request for a waiver of the $240 late fee assessed for the late filing of a Supplemental campaign finance report, Lee W. Balinas states that on the evening of February 15th, around 10 p.m., he filed what he hoped to be his final campaign finance report. He inadvertently used his social security number instead of his candidate number, whenever he tried to electronically file his report. He received notice from the Campaign Finance division on February 17 that the report was not filed. He maintains that on February 17th, he faxed a hard copy of his report to the Campaign Finance division, and left a voice mail message. On February 20th, his wife spoke with staff and was informed at that time that research by the Ethics IT division showed emails had been sent explaining that submission of his report had failed. He maintains that he looked through his email program, inbox, spam and trash, and was unable to find the emails sent by the Ethics Division. Mr. Balinas states that he submitted his report in good faith not knowing the submission would be rejected. He ask that the Board forgive his lateness and waive the late fee. Mr. Balinas is a district level candidate. This is his first campaign. He was an unsuccessful candidate.



A copy of the email sent to Mr. Balinas on February 15th informing him that submission of his Supplemental report had failed is attached.

Comments:
ELECTION: October 20, 2007
TYPE OF REPORT: Supplemental
DAYS LATE: 4
ASSESSED FEE: $240
REPORT DUE: February 15, 2012

REPORT FILED: February 19, 2012
ACTIVITY REPORTED:
$12,938.34 in receipts, $13,000 in disbursements, $0.00 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. 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:
2012-539- Waiver Request
2012-539- Lee Balinas-email regarding rejection of e-file