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Request that the Board waive the $120 campaign finance late fee assessed against C. Denise Marcelle, a candidate for East Baton Rouge Parish Metro Council, District 7, in the November 6, 2012 election, whose 30-P campaign finance disclosure report was filed 2 days late. |
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In connection with his request for a waiver of the $120 late fee assessed for the late filing of a 30-P campaign finance report, Shedrick L. Mayweather, on behalf of the candidate, states that several attempts were made on October 9, 2012 to electronically file the report. He further states that the report would not transmit, and after several attempts, he was locked out of the system. The next morning on October 10, 2012, a call was placed to the Board of Ethics to find out if there was a problem with the online system. It was not until October 11, 2012, that a return call was made. Upon giving the username and password to the IT representative, it was determined that the username was incorrect. After receiving the correct information, the report was immediately transmitted. Mr. Mayweather maintains that every attempt was made to make sure that the report was timely filed.
In addition, the IT department researched its records and determined that Mr. Mayweather spoke with Jerroylyn Brees in the IT division on October 9, 2012, after an updated affidavit was submitted by Mr. Mayweather. On that day, he was provided with a username and password. On the next day, October 10, 2012, Mr. Mayweather contacted the IT division and spoke with Ms. Brees informing that he left his computer on overnight and lost the data that he was putting in the system, and as a result was unable to file a report. Ms. Brees informed him that she was unable to recover the data that he lost and told him to use the LEADERS online system to file a report. On October 11, 2012, Mr. Mayweather was assisted by Gene of the IT division, due to he tried to file the report on the previous night, but was unable to submit the report, due to he needed to provide "financial institution" information. Ms. Marcelle is a district level candidate. This is her third campaign. She was a successful candidate.
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ELECTION: November 6, 2012
TYPE OF REPORT: 30-P
DAYS LATE: 2
ASSESSED FEE: $120
REPORT DUE: October 9, 2012
REPORT FILED: October 11, 2012
ACTIVITY REPORTED:
$7,136 in receipts, $6,928.18 in disbursements, and $206.82 in funds on hand
OTHER LATE FILINGS: 6
Two Supplemental reports filed 8 and 12 days late, in connection with the October 4, 2008 election, a Special report filed 3 days late in connection with the October 4, 2008 election, and a 30-P and Annual report each filed 1 day late, in connection with the October 22, 2011 election. The late fees assessed for the late filings of the reports have been paid. The candidate currently has a late fee in the amount of $1,620 assesed for a Supplemental report filed 27 days late in connection with the October 4, 2008 election. The $1,620 late fee has not been paid.
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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 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.
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| Assigned Attorney: |
Aneatra Boykin |
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