Meetings
 
Agenda Item
Docket No. 12-533
 
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RE:
Request for reconsideration that the Board waive the $1,560 and $360 campaign finance late fees assessed against Earl F. Dauterive, III, a candidate for St. Bernard Council, Western Division in the October 22, 2011 election, whose 30-P and 10-P campaign finance disclosure reports were filed 26 and 6 days late.
Facts:
This matter was before the EAB panel on November 5, 2012. The panel affirmed the Board's decision to decline to waive the assessed $1,560 and $360 late fees.

In connection with his request for a reconsideration of a waiver of the $1,560 and $360 late fees assessed for the late filings of 30-P and 10-P campaign finance reports, Earl F. Dauterive, III states that he mailed his reports on 10/13/11 (30-P was due on September 22) and 10/18/11 (10-P was due on October 12) by U.S.P.S. regular mail and provided receipts for the mailings. He further states that he received his late fee assessment letters regarding the late filings from the Board on October 18, 2011 and responded immediately.

He believes that nothing was done intentionally to delay his reports and he should not be assessed the late fees.

Staff has attached copies of the envelopes in which the reports were mailed. The envelope for the 30-P report shows postage with the date of October 18, 2011. The envelope for the 10-P report shows postage with the date of October 28, 2011.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORTS: 30-P and 10-P

DAYS LATE: 26 and 6

ASSESSED FEES: $1,560 and $360

REPORTS DUE: September 22, 2011 and October 12, 2011

REPORTS FILED: October 18, 2011

ACTIVITY REPORTED: 30-P and 10-P: $4,250 in receipts, $3,645.96 in disbursements, and $604.04 in funds on hand

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:
Decline to reconsider.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-533- Earl Dauterive-request for reconsideration
2012-533- Earl F. Dauterive, III-proof of date of postage for 30-P report
2012-533- Earl Dauterive, III-proof of date of postage for 10-P report