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Request for reconsideration by the Board of a waiver of the $700, $300 and $100 campaign finance late fees assessed against Caroline Fayard, a candidate for Lt. Governor, in the October 2, 2010 election, whose two (2) Special and EDE-P campaign finance disclosure reports were filed 7, 3, and 1 day(s) late. |
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In connection with the request for reconsideration of a waiver of the late fees, Ravi Sangisetty, attorney representing Ms. Fayard, states that the EDE-P report was filed only one day late. In regards to the Special reports, he states that the Order issued is not clear as to why the Special reports are considered late.
The late fees were previously considered by the Board in docket matters 2011-132 and 2011-480.
In 2011-132, Elizabeth Smith, on behalf of Caroline Fayard requested a waiver of the $100 late fee assessed for the EDE-P campaign finance disclosure report stating that the EDE-P report was prepared using the LEADERS software. It was their understanding that the report could be mailed or hand delivered. They opted to mail the report instead of filing it electronically since the report contained personal information of election day workers. It was not until the next day that they learned from the Campaign Finance division that the LEADERS program contained an out-dated report form requiring social security numbers that were not needed. Ms. Smith stated that a member of the Ethics staff assured the committee that although the administration would prefer that the report be electronically filed, it was not necessary to re-file the report electronically. On the same day, via a call from the Ethics Administrator, it was determined that the Committee was indeed required to file electronically. The report was immediately filed electronically on October 13, 2010.
In docket matter no. 2011-480, Elizabeth Smith, on behalf of Caroline Fayard stated that the two Special reports should be filed as amendments to previously filed reports. It was their intention that the reports count as amendments to prevent possible assessment of fines.
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ELECTION: October 2, 2010
TYPE OF REPORTS: Special (2) and EDE-P
DAYS LATE: 7 ,3, and 1
ASSESSED FEES: $700, $300, and $100
REPORTS DUE: October 25, 2010, October 30, 2010, and October 12, 2010
REPORTS FILED: December 7, 2010 and October 13, 2010
ACTIVITY REPORTED: EDE-P $29,612.50, Special Report $1500, Special Report $27,500
OTHER LATE FILINGS: None
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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. 18:1485C. Each candidate for a major or district office and each principal campaign committee of a candidate for a major or district office that receives contributions or loans in excess of twenty-five thousand dollars in the aggregate during the aggregating period or that makes expenditures in excess of twenty-five thousand dollars in the aggregate during the aggregating period shall electronically file reports of contributions and expenditures with the supervisory committee. Effective January 1, 2010, Act 25 of the 2008 1st Extraordinary Session requires Major and District office level candidates with more than $25,000 in contributions/loans or more than $25,000 in expenditures in connection with a specific election to electronically file campaign finance disclosure reports. A report is considered not filed until it is filed electronically.
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| Assigned Attorney: |
Aneatra Boykin |
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