|
Appearance in connection with a request that the Board waive the $1,000 and $400 campaign finance late fees assessed against Ernest A. Burguieres, III, a candidate for St. Tammany Parish Council, in the March 24, 2012 election, whose 30-P and 10-P campaign finance disclosure reports were filed 33 and 13 days late. |
|
In connection with his request for a waiver of the $1,000 and $400 late fees assessed for the late filings of a 30-P and 10-P campaign finance reports, Ernest A. Burguieres, III, states his reports were filed untimely due to an oversight. In the March 24, 2012 campaign, he knew that if he did not spend more than $5,000, he would not be required to file a report. He further states that when he qualified on December 7, 2011, he did not expect to spend more than $5,000, since the district was only about 2,800 voters. He further states that his wife assisted him with filing his reports. On January 18, 2012, his wife went in the hospital for hip replacement surgery and returned home to recuperate. On January 24, 2012, he received a $500 contribution. He believed that since the contribution was under the $5,000 limit, he did not have to report it. He maintains that he did not realize his requirement to file a report since the contribution was in excess of $200. Mr. Burguieres maintains that after the March 24, 2012 primary, he made it to the run-off with the incumbent. It was at that point he began to review his receipts and expenditures to see if he was over the $5,000 limit. In reviewing the disclosure requirements again, he then discovered that while he was still under the $5,000 limit, he neglected to file disclosure reports after receiving the $500 contribution. He filed the reports after realizing his omission. Mr. Burguieres states that it was purely an oversight based on his inexperience and the lack of assistance from his wife, who was recuperating from her surgery, during the time the reports were due. Mr. Burguieres is an any other level candidate. This is his second campaign. He was a successful candidate.
Mr. Burguieres has provided medical documentation indicating that his wife had two hip replacement surgeries on the dates of January 18, 2012 and April 4, 2012. The medical documentation is attached for reference.
|
|
ELECTION: March 24, 2012
TYPE OF REPORTS: 30-P and 10-P
DAYS LATE: 33 and 13
ASSESSED FEES: $1,000 and $400
REPORTS DUE: February 23, 2012 and March 14, 2012
REPORTS FILED: March 27, 2012
ACTIVITY REPORTED:
30-P: $1,140 in receipts, $926.56 in disbursements, and $238.44 in funds on hand
10-P: $300 in receipts, $0 in disbursements, and $538.44 in funds on hand
OTHER LATE FILINGS: None
|
|
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.
LAC 52:1205 provides that where the person responsible for the filing or the person who is regularly responsible for filing the reports fails to file the reports on the due date because of a serious medical condition that occurred on the due date or seven days prior to the due date the Board shall rescind the late fee assessed.
Section 1484.2 provides that each candidate for "any other" office who receives a contribution in excess of $200 in the aggregate during the aggregating period is required to file CFDA reports.
|
|
|
Rescind the fines for the 30-P and 10-P reports.
|
|
| Assigned Attorney: |
Aneatra Boykin |
|
|