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Appearance in connection with a Request for a rehearing of a Board Order ordering the payment of late fees totaling $8,000 assessed against Kent "Smitty" Smith, a candidate for State Representative, District 87, in the October 20, 2007 election who failed to timely file a 30-P campaign finance disclosure report due September 20, 2007, and a 10-P campaign finance disclosure report due October 10, 2007. |
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Kent "Smity" Smith was a district level, unsuccessful candidate for State Representative, District 87 in the October 20, 2007 election. Mr. Smith was required to file a 30-P campaign finance disclosure report which was due by September 20, 2007 and a 10-P campaign finance disclosure report which was due by October 10, 2007. Mr. Smith filed an Affidavit in Lieu of Support for both reports on August 9, 2010. Judicial District Court pursuant to La. R.S. 42:1135. A Rule to Show Cause hearing was scheduled for August 9, 2010 and it was passed without date due to lack of service on Mr. Smith. The $8,000 late fee and fine remains outstanding.
On November 8, 2007 the Board filed charges against Mr. Smith for his failure to file the 30-P and 10-P reports. The charges were sent via certified mail to Mr. Smith at the 6217 Westbank Expressway, Marrero, LA 70072 address, and it appears that they were received and signed for by Garilyne Cloud. The Board held a public hearing in connection with Mr. Smith's failure to file the 30-P and 10-P reports.
At the public hearing the Board issued an Order requiring Mr. Smith to file the required reports, assessing a $4,000 late fee for the late filings. The Board further ordered that an additional civil penalty of $4,000 be assessed if the required reports were not filed by March 14, 2008. A copy of the Order was sent to Mr. Smith at 6217 Westbank Expressway, Marrero, LA 70072 via certified mail on February 19, 2008, and it appears that the Order was received and signed for by Edmund J. Woods, II.
The Board on July 9, 2010 filed suit to convert the Board order into a judgment of the 19th.
In addition, Mr. Smith has stated that he withdrew his candidacy for State Representative, District 87, prior to the deadline. He had no activity for the campaign. He maintains that since he withdrew from the election prior to the imposed deadline, he was unaware of the requirement to file the 30-P and 10-P campaign finance reports.
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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.
18:1495.4B(7) provides that the final report of a candidate who either withdraws as a candidate or is unopposed for election to the office in which he seeks shall be the next report due as of the date the candidate withdraws or ascertains that he is unopposed.
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| Assigned Attorney: |
Aneatra Boykin |
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