Meetings
 
Agenda Item
Docket No. 12-560
 
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RE:
Request that the Board waive the $120 campaign finance late fee assessed against Johnny C. Crain, Sr., a candidate for Washington Parish Clerk of Court in the October 20, 2007 election, whose Annual campaign finance disclosure report was filed 2 days late.
Facts:
In connection with her request for a waiver of the $120 late fee assessed for the late filing of an Annual campaign finance report, Janet D. Riley, on behalf of the candidate, states that the candidate, who has been Clerk of Court for 20 years, will be retiring from his seat on June 30, 2012. His son, Johnny D. Crain, Jr. qualified and was elected to the position effective July 1, 2012. She further states that there had been a mix up with the records of Crain Sr. and Crain Jr. , and refers to correspondence dated January 12, 2012 wherein Crain was informed to file electronically and reference was made to his outstanding loans. Knowing that Crain, Jr. was the candidate with the outstanding loans, she immediately contacted the Campaign Finance division and advised of the confusion. Ms. Riley maintains that Crain, Sr. was never notified of the requirement to electronically file his reports. She states that his Annual report was filed on paper form, and soon after he received notice from the Campaign Finance division informing of his requirement to electronically file his report. Mr. Crain is a district level candidate.

Johnny Crain, Sr. is a district level candidate. Effective January 1, 2012, Act 25 of the 2008 2nd Extraordinary Session requires Major and District office level candidates to electronically file campaign finance disclosure reports, regardless the amount of expenditures, contributions, or loans.

Comments:
ELECTION: October 20, 2007
TYPE OF REPORT: Annual
DAYS LATE: 2
ASSESSED FEE: $120
REPORT DUE: February 15, 2012

REPORT FILED: February 17, 2012
ACTIVITY REPORTED:

$2,000 in receipts, 45,594.47 in disbursements, and $485.86 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 shall electronically file reports of contributions and expenditures with the supervisory committee. Effective January 1, 2012, Act 25 of the 2008 2nd Extraordinary Session requires Major and District office level candidates 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.
Assigned Attorney: Aneatra Boykin
 
 
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