Meetings
 
Agenda Item
Docket No. 12-1897
 
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RE:
Request that the Board waive the $100 and $100 campaign finance late fees assessed against Juana Marine Lombard, a candidate for Clerk of Orleans Parish Criminal Court in the April 22, 2006 election, and a candidate for Judge, Orleans Parish Criminal Court in the October 20, 2007 election, whose Supplemental campaign finance disclosure reports were each filed one day late.
Facts:
This matter is presently pending before the EAB panel. The panel agreed to allow Mr. Lombard to request a waiver, based upon his claims that he experienced technical difficulty when filing his wife's reports.

In connection with his request for a waiver of the $100 and $100 late fees assessed for the late filings of two (2) Supplemental campaign finance reports, Darren Lombard, on behalf of the candidate states that on the date that the reports were due, he attempted to file the reports using the electronic filing system. He experienced technical difficulty and was unable to download the LEADERS program. He contacted the IT division for assistance, however, the problem could not be resolved that day. The reports were not electronically filed until the next day, once he was able to get IT personnel to resolve his technical issue.

The IT division checked its records regarding Mr. Lombard's claims of experiencing technical difficulty with filing his reports electronically for 2011 and 2012. It was determined that Mr. Lombard did not have technical issues for 2011 and 2012.Also, the IT division does not recall telling Mr. Lombard that he would not be assessed a late fee for the reports filed on February 16, 2011.

Comments:
ELECTIONS: April 22, 2006 and October 20, 2007
TYPE OF REPORTS: Two Supplementals
DAYS LATE: 1 and 1
ASSESSED FEES: $100 and $100
REPORTS DUE: February 15, 2011

REPORTS FILED: February 16, 2011
ACTIVITY REPORTED:

Supplemental for April 22, 2006 election:

$0 activity

Supplemental for October 20, 2007 election:$50 in receipts, $80 in disbursements, and $0 in funds on hand

OTHER LATE FILINGS: 7

The candidate has filed a total of seven campaign finance reports in connection with the April 22, 2006 and October 20, 2007 elections. All late fees assessed for the late filings of the 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:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1897- Waiver Request
2012-1897- Juana Marine-Lombard-electronic filing record