Meetings
 
Agenda Item
Docket No. 12-1496
 
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RE:
Request that the Board waive the $480 campaign finance late fee assessed against Tarvald Anthony Smith, a candidate for East Baton Rouge Parish School Board, in the May 2, 2009, whose Supplemental campaign finance disclosure report was filed 8 days late.
Facts:
In connection with his request for a waiver of the $480 late fee assessed for the late filing of a Supplemental campaign finance report, Tarvald Anthony Smith, states that he was an unsuccessful candidate for Baton Rouge City Court Judge in the May 2, 2009 election. He had a balance of $35.98 in his campaign account following the election, and was required to file a Supplemental report for the 2011 calender year. He maintains that his report was hand delivered timely, however, he was unaware of the January 1, 2012 change requiring all district office level candidates to electronically file reports. He first became aware of the requirement when he received notice from the Campaign Finance division. Upon receipt of notice, he immediately downloaded the LEADERS software and filed his report.

Comments:
ELECTION: May 2, 2009
TYPE OF REPORT: Supplemental
DAYS LATE: 8
ASSESSED FEE: $480
REPORT DUE: February 15, 2012

REPORT FILED: February 23, 2012
ACTIVITY REPORTED:
$0 in receipts, $0 in disbursements, and $35.98 in funds on hand
OTHER LATE FILINGS: 7

In connection with the September 30, 2006, October 4, 2008, May 2, 2009, and October 2, 2010, the candidate has filed 7 campaign finance disclosure reports late. The most recent late fee assessment was for a Supplemental campaign finance disclosure report filed 8 days late, in connection with the October 2, 2010 election. The Board at its August 17, 2010 meeting suspended all but $100 of the $480 late fee, deadline to pay the late fee is September 24, 2012. The late fees assessed for the other campaign finance 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:
Waive all but $100.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1496- Waiver Request