Meetings
 
Agenda Item
Docket No. 12-1136
 
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RE:
Request that the Board waive the $1,000 late fee assessed against Lynda Van Davis, a candidate for Orleans Parish Criminal Court Judge, in the October 4, 2008 election, whose Supplemental campaign finance disclosure report was filed 14 days late.
Facts:
In connection with her request for a waiver of the $1,000 late fee assessed for the late filing of a Supplemental campaign finance report, Lynda Van Davis, states that having been fined in previous years for late reports, she has tried to insure that required reports are filed in a timely manner. In this instance, her Supplemental report was timely submitted electronically, however, the report was not transmitted due to an unknown computer error. Ms. Davis maintains that her report was submitted electronically on the eve of her departure for a two-week Mardi Gras vacation to Cairo, Egypt. She did notice that she had not receive an e-mail indicating receipt of the report, however, she assumed it was due to the late hour of the submission or due to a high level of activity. On the following date, February 15, 2012, via U.S. mail, she sent her Statement of Organization. It was not until her return from Cairo, that she became aware that the electronic submission of her report did not transit. Ms. Davis maintains that the fact her Statement of Organization was mailed in a timely manner should provide some proof that all reports were prepared on the same date and that there was an attempt to submit both reports in a timely fashion. Had she become aware of the computer error earlier, she may have been able to resolve the problem sooner. Ms. Davis is a major level candidate. This is her second campaign. She was a successful candidate.

Comments:
ELECTION: October 4, 2008
TYPE OF REPORT: Supplemental
DAYS LATE: 14
ASSESSED FEE: $1,000
REPORT DUE: February 15, 2012

REPORT FILED: February 29, 2012
ACTIVITY REPORTED:
$0 in receipts, $1,453.04 in disbursements, and $3,843.75 in funds on hand
OTHER LATE FILINGS: 9

In connection with the October 4, 2003, and October 4, 2008 elections, the candidate has filed 9 campaign finance reports late. 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 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:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1136- Waiver Request