Meetings
 
Agenda Item
Docket No. 12-1361
 
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RE:
Request that the Board waive the $840, $840 and $540 campaign finance late fees assessed against Linda Dyess Stewart, a candidate for Rapides Parish Clerk of Court, in the October 22, 2011 election, whose two (2) Specials and 10-P campaign finance disclosure reports were each filed 14, 14, and 9 days late.
Facts:
In connection with her request for a waiver of the $840, $840, and $540 late fees assessed for the late filings of two (2) Specials, and 10-G campaign finance reports, Linda Dyess Stewart, states that she filed her reports timely, however, they were filed on paper form. Ms. Stewart further states that prior to filing her reports, the Ethics webpage stated that "political committees and candidates that receive contributions in excess of $50k or make expenditures in excess of $50k in a calendar year shall file their campaign finance disclosure reports electronically". She maintains that when she decided to run for Clerk of Court, she looked over the Ethics' webpage for campaign finance rules and did not see any statement changing the reporting law as to the amount of contributions and/or expenditures regarding hand-written reports versus electronically filing reports. Ms. Stewart maintains that on October 26, 2011 she and her report preparer were on the phone with Ethics IT tech support and was informed that the Ethics' webpage was wrong and had not been changed to correctly read Act 25 as passed by the Legislature in 2008. Ms. Stewart is a district level candidate. This is her first campaign. She was an unsuccessful candidate.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORTS: two (2) Specials and 10-P
DAYS LATE: 14, 14, and 9
ASSESSED FEES: $840, $840, and $540
REPORTS DUE: October 12, 2011 and October 17, 2011

REPORTS FILED: October 26, 2011
ACTIVITY REPORTED:

10-P: $10,695.55 in receipts, $4,879.82 in disbursements, and $8,763.45 in funds on hand

Special Due October 12, 2011: $1,000 contribution

Special Due October 17, 2011: $1,500 contribution
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 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. Prior to January 2012, all major and district office candidates with contributions, loans, and expenditures in excess of $25,000 were required to file electronically.

Recommendations:
Waive all but a $100 for each report.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1361- Waiver Request