Meetings
 
Agenda Item
Docket No. 12-1369
 
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RE:
Request that the Board waive the $900 campaign finance late fee assessed against Mitchell Theriot, a candidate for Judge, 1st Circuit Court of Appeal, Sec. 1, Div. B, in the November 6, 2012 election, whose 180-P campaign finance disclosure report was filed 9 days late.
Facts:
In connection with his request for a waiver of the $900 late fee assessed for the late filing of a 180-P campaign finance report, Mitchell Theriot states that his report was returned to him with a letter stating that it was unacceptable because effective January 1, 2012 all major and district office level candidates are required to electronically file. The letter also stated that late fees would be waived, if the report was electronically filed by May 23, 2012. Mr. Theriot states that his report was electronically filed on May 19, 2012. Mr. Theriot ask that the late fee be waived, considering he in good faith timely filed his paper report, and electronically filed his report before the May 23, 2012 deadline. Mr. Theriot is a major level candidate. This his eighth campaign.

Comments:
ELECTION: November 6, 2012
TYPE OF REPORT: 180-P

DAYS LATE: 9
ASSESSED FEE: $900
REPORT DUE: May 10, 2012

REPORT FILED: May 19, 2012
ACTIVITY REPORTED:
$2,390 in receipts, $100 in disbursements, and $1,900 in funds on hand
OTHER LATE FILINGS: 1

A 10-G report filed 3 days late, in connection with the October 20, 2007 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. 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:
Waive the fine.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1369- Waiver Request