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Request that the Board waive the $420, $120, and $480 campaign finance late fees assessed against Emile Hurts, Jr., a candidate for Alexandria City Council, in the November 6, 2012 election, whose 30-P, 10-P, and 10-G campaign finance disclosure reports were filed 7, 2, and 8 days late. |
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In connection with his request for a waiver of the $420, $120, and $480 late fees assessed for the late filings of a 30-P, 10-P, and 10-G campaign finance reports, Emile Hurts, Jr., states that after reviewing the information packet he received, he believed that when he read "all reports must be filed electronically", it meant that the report should be filed via facsimile by the due date. As such, he downloaded a report form, and faxed filed his report on October 9, 2012. He was then sent a letter by the Campaign Finance division dated October 11, 2012, informing him that he was not in compliance. At that time, he contacted the Ethics' IT division and was walked through the leaders software program and electronically filed his report. Mr. Hurts states that he misunderstood the difference between fax filing and electronically filing his report and ask sthat the Board waive the late fees.
La. R.S. 42:1157 provides that the late filer may apply to the Board for a waiver of late fees within twenty days after the receipt of the late fee assessment. Mr. Hurts was assessed a $120 late on December 11, 2012. Mr. Hurts received the late fee assessment on December 13, 2012, and a request for a good cause waiver must have been submitted by January 2, 2013 (see attached documentation). Mr. Hurts' waiver request was submitted on January 23, 2013. Therefore, the waiver request for the $120 late fee is untimely. However, the waiver request for the $420 late fee is a timely request.
Mr. Hurts is a district level candidate. This is his first campaign. He was an unsuccessful candidate.
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ELECTION: November 6, 2012
TYPE OF REPORTS: 30-P,10-P, and 10-G
DAYS LATE: 7, 2, and 8
ASSESSED FEES: $420, $120, $480
REPORTS DUE: October 9, 2012, October 29, 2012, and November 28, 2012
REPORTS FILED: October 16, 2012 and October 31, 2012, and December 6, 2012
ACTIVITY REPORTED:
30-P: $860 in receipts, $606.30 in disbursements, $253.70 in funds on hand
10-P: $0 in receipts, $321.00 in disbursements, and $-321.00 in funds on hand
10-G: $0 activity
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. 18:1485C. 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.
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| Assigned Attorney: |
Aneatra Boykin |
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