Meetings
 
Agenda Item
Docket No. 12-1144
 
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RE:
Request that the Board waive the $400 campaign finance late fee assessed against Lindel Toups, a candidate for LaFourche Parish Council, in the October 22, 2011 election, whose EDE-P campaign finance disclosure report was filed 97 days late.
Facts:
In connection with his request for a waiver of the $400 late fee assessed for the late filing of an EDE-P campaign finance report, Lindel Toups, states that he went unopposed in the last two elections, and as a result he did not receive any campaign funds. He was not required to file an EDE-P finance disclosure report for the last 12 years in office. Mr. Toups maintains that his wife helps with his campaign and usually tends to the reports. She received a liver transplant and from time to time she is ill and it takes her time to recuperate. He simply overlooked the filing of the report. It was his accountant who brought it to his attention that he needed to file the report. Mr. Toups states that he apologizes for being late with his report and will make an earnest attempt to file on time in the future. Staff has requested medical documentation and will present documentation to the Board at the meeting. Mr. Toups is an any other level candidate. This is his sixth campaign. He was a successful candidate.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORT: EDE-P
DAYS LATE: 97
ASSESSED FEE: $480
REPORT DUE: November 1, 2011

REPORT FILED: February 6, 2012
ACTIVITY REPORTED:
$0 activity

OTHER LATE FILINGS: 1

A 10-P report filed 1 day late, in connection with the October 22, 2011 election. The late fee assessed for the late filing of the report has 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.
52:1205B(1) provides that the staff of the Board shall rescind an assessed late fee of the candidate where an immediate family member of the person responsible for filing of the reports has died on the date the report was due or seven days prior to the due date of the report (2)or a serious medical condition prevented the responsible report preparer from preparing the reports.

Recommendations:
Rescind the late fee.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1144- Waiver Request
2012-1144- Lindel Toups-request for medical documentation
2012-1144- Lindel Toups-medical documentation regarding wife