Meetings
 
Agenda Item
Docket No. 12-747
 
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RE:
Request that the Board waive the $600 and $1,680 campaign finance late fees assessed against Charmaine L. Marchand, a candidate for State Representative, District 99 in the October 20, 2007 election, whose Supplemental and Annual campaign finance disclosure reports were each filed 28 days late.
Facts:
In connection with her request for a waiver of the $600 and $1,680 late fees assessed for the late filings of a Supplemental and Annual campaign finance reports, Charmaine L. Marchand states in an affidavit that her father passed away on February 10, 2012. She maintains that in an effort to help during the time of her bereavement and while planning her father's funeral, her former assistant, LaToya Johnson, volunteered to help with the filing her reports. She gave Ms. Johnson all of her documents needed to complete with filing the reports. On February 17, 2012, Ms. Johnson informed her that she had trouble filing the reports, but was able to get them filed on February 16, 2012. Ms. Marchand goes on to state that she received notice from the Campaign Finance division that the reports were not filed. Ms. Marchand tried to reach Ms. Johnson so that she could obtain her reporting information and file the reports herself. After several days, the reports were finally filed by her former assistant. Ms. Marchand is a district level candidate. She was an unsuccessful candidate.

Comments:
ELECTION: October 20, 2007
TYPE OF REPORT: Supplemental and Annual
DAYS LATE: 28 and 28
ASSESSED FEES: $600 and $1,680
REPORTS DUE: February 15, 2012
REPORTS FILED: March 14, 2012
ACTIVITY REPORTED:

Supplemental: $0 activity

Annual: $13,574.05 in receipts, $14,759.73 in disbursements, and $-32.88 in funds on hand

OTHER LATE FILINGS: 18

In connection with the October 4, 2003 and October 20, 2007 elections, the candidate has filed 18 campaign finance reports late. The late fees assessed for the late filings of the reports have been paid, except for a $60 late fee assessed for filing an Annual campaign finance report due February 15, 2011 and filed one day late.

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:
Rescind the late fees for the supplemental and annual report.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-747- Waiver Request