| Reconsideration of the Board's order assessing a $6,000 fine against Thomas Robichaux, a candidate for the office of Orleans Parish School Board member, District 7, in the May 1, 2010 election who failed to file an EDE-P and 10-G report in connection with the 2010 election. |
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Thomas Robichaux states that he was an unsuccessful candidate for election to the Louisiana House of Representatives, District 93, in the special election held May 1, 2010. After the election ended, he closed down and cleaned up the campaign headquarters. After the clean-up, he discovered that the two manila envelopes holding all receipts and copies of all donation checks were missing. He spent the next year or more searching every box, bag, container and storage unit where he believed that the documents may possibly be found, to no avail. He concluded that the envelopes in question had been thrown away in the trash. Because of this, He has been unable to complete the campaign finance disclosure forms required by law. He has been working with his bank to re- create the account transactions through bank statements and copies of checks. However, this will still be an incomplete picture of the campaign, as all cash receipts are missing and checks that were deposited from donors may or may not be available by photocopy. Considering that a campaign finance report is an affidavit signed under penalty of perjury, as an attorney he believes he cannot sign the affidavit, as it is knowingly incomplete.
Mr. Robichaux states that he does not deny that the reports are due. He states that the $6000 fine is an extreme financial hardship. The fine amounts to nearly 2 months of income.
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Election: May 1, 2010
Type of report: EDE-P, 10-G
Days late: has not been filed.
Assessed fee: $2000, $2,000,
Report due: May 19, 2010, May 11, 2010
Other late filings: 10/20/2011 Charges issued for a failure to file a 2010 Supplemental report.
On July 15, 2010, charges were filed against Mr. Robichaux for his failure to file the EDE-P and 10-G reports in connection with the May 1, 2010 election. On October 15, 2010, a hearing was held and an order was issued assessing a $2,000 fine for the candidate's failure to file a EDE-P report and $2,000 fine for the candidate's failure to file a 10-G report in connection with the May 2010 election. At the hearing, the Board ordered that the reports be filed by December 4, 2010 or an additional civil penalty of $2,000 would be assessed for the candidate's failure to file. As of today's date the reports have not been filed.
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18:1505.1.A. Failure to submit the reports required by this Chapter shall constitute a violation of this Chapter. Failure to submit any such report within three days after the final date for filing shall be presumptive evidence of intent not to file the report. B. Failure to submit the reports required by this Chapter at the time required shall constitute a violation of this Chapter.
18:1505.4 provides that any candidate who knowingly fails to file or who knowingly fails to timely file any reports that are required under by this Chapter may be assessed a civil penalty. The amount of the penalty is $60 dollars per day not to exceed $2,000 for district office candidates and any treasurer or chairman of a political committee.
18:1505.4A(4)(a) provides that in addition to any penalties which may be imposed on any person required to file reports who has not filed such reports by the sixth day after the report is due, after a hearing by supervisory committee, an additional civil penalty not to exceed ten thousand dollars may be imposed upon the person for failure to file the reports.
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| Assigned Attorney: |
Aneatra Boykin |
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