Meetings
 
Agenda Item
Docket No. 12-1130
 
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RE:
Request that the Board waive the $480 campaign finance late fee assessed against Tarvald A. Smith, a candidate for East Baton Rouge Parish School Board, in the October 2, 2010 election, whose Supplemental campaign finance disclosure report was filed 8 days late.
Facts:
In connection with his request for a waiver of the $480 late fee assessed for the late filing of a Supplemental campaign finance report, Tarvald A. Smith, states that during the October 2, 2010 election, he was unopposed and raised no money leading up to the election. He states that the only activity his campaign had during the 2011 calendar year was a repayment of $800 to himself. He further states that this activity was reported on his Annual report.
Further, he was unaware of the January 1, 2012 change requiring all district office level candidates to electronically file. He first became aware of the requirement when he received notice from the Campaign Finance division. Upon receipt of notice, he immediately downloaded the LEADERS software and filed his report. Mr. Smith is a district level candidate. This is his sixth campaign. He was a successful candidate.

Comments:
ELECTION: October 2, 2010
TYPE OF REPORT: Supplemental
DAYS LATE: 8
ASSESSED FEE: $480
REPORT DUE: February 15, 2012

REPORT FILED: February 23, 2012
ACTIVITY REPORTED:
$0.00 in receipts, $800 in disbursements, and $0.00 in funds on hand
OTHER LATE FILINGS: 7

A 30-P report filed 6 days late, in connection with the September 30, 2006 election, a 30-P report filed 1 day late, in connection with the October 4, 2008 election, two Supplementals, a 10-P and EDE-P reports filed late in connection with the May 2, 2009 election, and a Supplemental report filed 8 days late, in connection with the May 2, 2009 election. The late fees assessed for the late filings of the report have all been paid, except for the Supplemental report filed 8 days late, in connection with the May 2, 2009 election.

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.

Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1130- Waiver Request