Meetings
 
Agenda Item
Docket No. 12-2207
 
Print
RE:
Request that the Board waive the $480 and $300 campaign finance late fees assessed against Stand for Children, a political action committee, whose two (2) Special campaign finance reports were filed 8 and 5 days late.
Facts:
In connection with his request for a waiver of the $480 and $300 late fees assessed for the late filings of two (2) Special campaign finance reports, Adam Fitzpatrick, on behalf of the committee, states that Stand for Children did not file the reports within the required 48-hour reporting period because Form 306, prior to being revised in November, included instructions at the top of the page indicating that a report must be filed only when making "any payments exceeding $200 to any person who endorses candidates and who is required to file campaign finance disclosure reports". As a result of this language, it was decided that Form 306 was not required within 48-hours of the expenditures, and that the expenditures would be reported on the next scheduled report. Mr. Fitzpatrick further states that on October 30th, he spoke with the director of Campaign Finance to request clarification on the issue. At that time, he was told that the instructions on the top of Form 306 were incorrect, and to use a different form to file their reports. Mr. Fitzpatrick maintains that in November, Form 306 was updated to clarify and correct the instructions which were in conflict with the law. Mr. Fitzpatrick states that given that Form 306 included instructions which were inaccurate, and given the fact that this is their organization's first mistake with regard to campaign filings, as well as the fact that they promptly complied with filing requirements as soon as the incorrect language on Form 306 was discovered, he ask that the a waiver of the late fees be granted.

Comments:
ELECTION: November 6, 2012
TYPE OF REPORTS: two (2) Specials
DAYS LATE: 8 and 5
ASSESSED FEES: $480 and $300
REPORTS DUE: October 23, 2012 and October 26, 2012

REPORTS FILED: October 31, 2012
ACTIVITY REPORTED:

Special report number 12005009 due on October 23, 2012-

$25,141.40 in mailout expenses on the date of October 18, 2012

Special report number 12005009 due on October 26, 2012-

$20,100 in mailout expenses on the date of October 23, 2012





OTHER LATE FILINGS: None
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.

Recommendations:
Waive the fine.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-2207- Waiver Request