Meetings
 
Agenda Item
Docket No. 12-2202
 
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RE:
Request that the Board waive the $1,080, $2,000, and $600 campaign finance late fees assessed against Thomas L. Arnold, Sr., a candidate for Orleans Parish Council, District C, in the February 6, 2010 election, whose 30-P, 10-P, and Supplemental campaign finance disclosure reports were filed 18, 40, and 527 days late.
Facts:
In connection with his request for a waiver of the $1,080, $2,000, and $600 late fees assessed for the late filings of a 30-P, 10-P, and Supplemental campaign finance reports, Thomas L. Arnold, Sr. states that he is retired and trying to recover from serious heart and spine problems. There is no chance of him ever running for office again.
In his request, Mr. Arnold makes reference to a "motion to dismiss" in BD docket matter no. 2011-547, charges were filed for failure to file a Supplemental report. Once Mr. Arnold filed the Supplemental report, the charges were dismissed. Mr. Arnold filed his Supplemental report July 26, 2012, one day before his hearing scheduled with the EAB. A $600 late fee was assessed for the report.

Mr. Arnold attached with his waiver request correspondence he received from the Ethics division regarding his late fees. The Ethics division forwarded the late fee assessments to the Louisiana State Police for service due to the assessments were returned unclaimed when they were sent via certified mail. Mr. Arnold makes mention of an October 22, 2011 election, which is noted on the subpoena request, however it is an oversight. He was a candidate in the February 6, 2010 election as noted on the late fee assessment orders attached with the waiver request. Also, at the time during which the $1,080 and $2,000 late fees were assessed, La. R.S. 42:1157 provided that the late filer may apply to the Board for a waiver of late fees within thirty days after the mailing of the late fee assessment. Mr. Arnold was assessed late fees of $1,080 and $2,000 on April 29, 2010 (see attached documentation). A request for a good cause waiver must have been submitted by May 29, 2010. Mr. Arnold's waiver request was submitted on December 19, 2012. Therefore, the waiver request for the $1,080 and $2,000 late fees is untimely. However, the waiver request for his $600 late fee is a timely request. Mr. Arnold is a district level candidate. This is his seventh campaign. He was an unsuccessful candidate.

Comments:
ELECTION: February 6, 2010
TYPE OF REPORTS: 30-P, 10-P, and Supplemental

DAYS LATE: 18, 40, and 527

ASSESSED FEES: $1,080, $2,000, and $600

REPORTS DUE: January 7, 2010, January 27, 2010, and February 15, 2011

REPORTS FILED: January 25, 2010, March 8, 2010, and July 26, 2012

ACTIVITY REPORTED:

30-P:

$24,685 in receipts, $15,449.30 in disbursements, and $9,236.00 in funds on hand

10-P:

$4,825 in receipts, $0.00 in disbursements, and $13,061 in funds on hand

Supplemental:

$0 in receipts, $176.44 in disbursements, and $0.00 in funds on hand

OTHER LATE FILINGS: 2

A 30-P and 10-G reports filed 5 and 7 days late, in connection with the February 6, 2010 election. The 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:
2012-2202- Waiver Request
2012-2202- Tom Arnold-2010 late fee assessment for 30-P and 10-P reports