Meetings
 
Agenda Item
Docket No. 13-127
 
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RE:
Request that the Board waive the $800 campaign finance late fee assessed against Tracey Flemings-Davillier, a candidate for Judge, Orleans Criminal District Court, Sec. B, in the November 6, 2012 election, whose EDE-P campaign finance disclosure report was filed 8 days late.
Facts:
In connection with her request for a waiver of the $800 late fee assessed for the late filing of an EDE-P campaign finance report, Tracey Flemings-Davillier, states that she had no expenditures on election day. She further states that she did log into the leaders software to file the EDE-P report, but after going through Schedule A, Schedule B, and Schedule C in the leaders software, there were no recipients or organizations to report and no check boxes to reflect a zero or "none". As such, there was no ability/requirement to file the EDE-P report electronically. Upon receipt of notice from the Campaign Finance division that an EDE-P report was required, the report was promptly filed. Ms. Flemings is a major level candidate. This is her third campaign. She was an unsuccessful candidate.
Campaign Finance records show that the candidate successfully electronically filed an EDE-P report for the February 6, 2010 election. The 104 form was used to e-file the EDE-P report in 2010. There have been no changes to the form.

Comments:
ELECTION: November 6, 2012

TYPE OF REPORT: EDE-P
DAYS LATE: 8
ASSESSED FEE: $800
REPORT DUE: November 16, 2012

REPORT FILED: November 24, 2012
ACTIVITY REPORTED:
$0 activity
OTHER LATE FILINGS: 2

An EDE-P report filed 1 day late, in connection with the October 20, 2007 election, and a Supplemental report filed 1 day late, in connection with the October 20, 2007 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:
2013-127- Waiver Request