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Appearance in connection with a request that the Board waive the $1,000 and $200 campaign finance late fees assessed against Claston Bernard, a candidate for Gonzales City Council, District D, in the November 6, 2012 election, whose 30-P and 10-G campaign finance disclosure reports were filed 34 and 5 days late. |
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In connection with his request for a waiver of the $1,000 and $200 late fees assessed for the late filings of a 30-P and 10-G campaign finance reports, In regards to the 30-P report, Mr. Bernard states that he believes that he faxed his 30-P report on the date that it was due, however, the transmittal of his fax did not go through. The IT division researched its records to see if a fax of the 30-P report was received on October 9, 2012. There was no fax received by our office on October 9, 2012 by Mr. Bernard.
In regards to the 10-G, Claston Bernard states that as a first time candidate running for office, he did not realize he was required to file 10-P and 10-G report. He further states that it was an oversight on his part, he believed that since there wasn't a primary election, he thought that he only needed to file only one report for the general election.
As an "any other" level candidate, Mr. Bernard became required to file reports when he received a $300 contribution on August 8, 2012. Mr. Bernard filed a 10-P report for the November 6, 2012 election on October 28, 2012; an audit of the report revealed that he was required to file a 30-P report. The Campaign Finance division sent correspondence dated February 14, 2013, informing Mr. Bernard of his requirement to file the 30-P report and amend his 10-P report (see attached documentation).
As for the 10-G report, Mr. Bernard was sent notice dated November 30, 2012, that his 10-G report hadn't been received. Mr. Bernard received the notice on December 1, 2012 (see attached documentation).
Lastly, Mr. Bernard received a candidate's packet on August 15, 2012 which included information regarding filing requirements, as evidenced by his signature on the acknowledgment of receipt of information sheet (see attached). Mr. Bernard is an "any other" level candidate. He was an unsuccessful candidate. This is his first campaign.
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ELECTION: November 6, 2012
TYPE OF REPORTS: 30-P and 10-G
DAYS LATE: 34 and 5
ASSESSED FEES: $1,000 and $200
REPORTS DUE: October 9, 2012 and November 28, 2012
REPORTS FILED: November 12, 2012 and December 3, 2012
ACTIVITY REPORTED:
30-P: $4,614 in receipts, $2,798.40 in disbursements, and $1,815.60 in funds on hand
10-P: $4,780 in receipts, $5,297.30 in disbursements, and $-517.30 in funds on hand 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. 18:1484.(2)(a). Each candidate for any other public office shall file reports of expenditures in excess of two thousand five hundred dollars. Effective August 1, 2012, Act 411 of the 2012 Regular Session requires candidates for any other public office who make expenditures in excess of $2,500 to file campaign finance disclosure reports. The previous threshold amount was $5,000.
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| Assigned Attorney: |
Aneatra Boykin |
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