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Request that the Board waive the $2,000, $1,097, $2,000, and $2,000 campaign finance late fees assessed against Gerald T. "Jerry" Arbour, a candidate for East Baton Rouge Parish School Board, in the October 2, 2010 election, whose 30-P, 10-P, EDE-P, and 10-G campaign finance disclosure reports were filed 806, 790, 765, 757 days late. |
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In connection with his request for a waiver of the $2,000, $1,097, $2,000, and $2,000 late fees assessed for the late filings of a 30-P, 10-P, EDE-P, and 10-G campaign finance reports, J. Christopher Alexander, on behalf of the candidate, asks that all of the penalties and late fees be waived. In August 2011, the Board voted to file charges against Mr. Arbour for his failure to electronically file the required reports. In a motion for Summary Judgment filed by Mr. Arbour, Mr. Arbour contested the Board's interpretation of the statute regarding electronic filing. Mr. Arbour asserted that 18:1485C requires a candidate to electronically file if he exceeds one of the following thresholds individually: more than $25,000 in contributions, more than $25,000 in loan, or more than $25,000 in expenditures. The Board argued that the statute allows for the contributions and loans to be aggregated to get to the threshold dollar amount that requires electronic filing. The EAB agreed with the Board of Ethics reasoning and denied the respondents Motion for Summary Judgment.
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ELECTION: October 2, 2010
TYPE OF REPORTS: 30-P, 10-P, EDE-P, and 10-G
DAYS LATE: 806, 790, 765, 757
ASSESSED FEES: $2,000, $1,097, $2,000, and $2,000
REPORTS DUE:
September 2, 2010, September 22, 2010, October 12, 2010, and October 25, 2010
REPORTS FILED: November 16, 2012, November 20, 2012, November 15, 2012, and November 20, 2012
ACTIVITY REPORTED:
30-P: $26,185.06 in receipts, $3,735 in disbursements, and $22,450.08 in funds on hand
10-P: $0 in receipts, $1,097.65 in disbursements, and $21,362.41 in funds on hand
EDE-P: $385 in activity
10-G: $2,000 in receipts, $18,428.25 in disbursements, and 4,924.18 in funds on hand
OTHER LATE FILINGS: 1
A 30-P campaign finance report filed 13 days late, in connection with the October 5, 2002 election. The late fee assessed for the late filing of the report has 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 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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