Meetings
 
Agenda Item
Docket No. 12-539
 
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RE:
Reconsideration of a request that the Board waive the $240 campaign finance late fee assessed against Lee W. Balinas, a candidate for State Representative, District 76, in the October 20, 2007 election, whose Supplemental campaign finance disclosure report was filed 4 days late.
Facts:
In connection with his request for a reconsideration of the waiver of the $240 late fee assessed for the late filing of a Supplemental campaign finance report, Lee W. Balinas states that he only use the LEADERS software once per year and timely misfiled the closing report. He states that he did know that he had put in the wrong identification number. Mr. Balinas ask that the Board forgives his computer illiteracy and waive the late fee.

Notice by the Ethics IT division was sent to Mr. Balinas informing him that the report had not been filed (A copy of the email is attached for reference). Mr. Balinas maintains that he looked through his email program, inbox, spam and trash, and was unable to find the emails sent by the Ethics Division. Mr. Balinas is a district level candidate. This is his first campaign. He was an unsuccessful candidate.

Comments:
ELECTION: October 20, 2007
TYPE OF REPORT: Supplemental
DAYS LATE: 4
ASSESSED FEE: $240
REPORT DUE: February 15, 2012
REPORT FILED: February 19, 2012
ACTIVITY REPORTED:
$12,938.34 in receipts, $13,000 in disbursements, $0.00 in funds on hand
OTHER LATE FILINGS: None


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:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-539- Lee Balinas-request for reconsideration
2012-539- Lee Balinas-email regarding rejection of e-file
2012-539- Waiver Request
2012-539- Lee W. Balinas-waiver request result letter