Meetings
 
Agenda Item
Docket No. 12-740
 
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RE:
Request that the Board waive the $1,920 campaign finance late fee assessed against Tiffany L. Foxworth, a candidate for State Representative, District 101, in the October 22, 2011 election, whose 40-G campaign finance disclosure report was filed 32 days late.
Facts:
In connection with her request for a waiver of the $1,920 late fee assessed for the late filing of a 40-G campaign finance report, Tiffany L. Foxworth states that she mailed her report on December 29, 2011. Later, she received a letter informing her of the requirement to electronically file the report, since the aggregate dollar amount of her contributions exceeded $25,000. She was notified that if the report was filed by January 25, 2012, no penalty fees would be assessed. Ms. Foxworth maintains that she electronically filed her report on January 30, 2012 , and that she received a late fee assessment to pay a late fee totaling $300 on or before February 17, 2012. She further states that she paid the assessed late fee of $300. Thereafter, she received a late fee assessment for $1,920. Ms. Foxworth is a district level candidate. This is her second campaign. She was an unsuccessful candidate.

In addition, the reference made by Ms. Foxworth regarding the $300 late fee assessment, is for the late filings of her EDE-P campaign finance report filed 3 days late, 10-G campaign finance report filed 1 day late, and EDE-G campaign finance report filed 1 day late, in connection with the October 22, 2011 election. The $180, $60, and $60 late fees assessed for the late filings of the reports total $300. A copy of the Order regarding the assessments in attached for reference.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORT: 40-G
DAYS LATE: 32
ASSESSED FEE: $1,920
REPORT DUE: December 29, 2011

REPORT FILED: January 30, 2012
ACTIVITY REPORTED:
$25,325.06 in receipts, $25,450.00 in disbursements, and $0.00 funds on hand

OTHER LATE FILINGS: 3

An EDE-P campaign finance report filed 3 days late, a 10-G campaign finance report filed 1 day late, and an EDE-G campaign finance report filed 1 day late, in connection with the October 22, 2011 election. The late fees assessed for the late filings of the reports have been paid.

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.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-740- Waiver Request
2012-740- Tiffany Foxworth-Order regarding $180, $60, and $60 late fee assessments