Meetings
 
Agenda Item
Docket No. 13-138
 
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RE:
Appearance in connection with a request that the Board waive the $2,000 campaign finance late fee assessed against Justin L. Conner, Sr., a candidate for State Representative, District 21, in the October 22, 2011 election, whose 10-P campaign finance disclosure report was filed 404 days late.
Facts:
In connection with his request for a waiver of the $2,000 late fee assessed for the late filing of a 10-P campaign finance report, Justin L. Conner, Sr., states that he timely submitted his report on paper form. However, he received notice that he was required to file his report electronically. There were emails (see attached documentation) and phone calls between himself and the Ethics staff regarding steps necessary to get the report filed. Finally, he was able to get assistance with filing the report electronically. Mr. Conner is a district level candidate. This is his thirteenth campaign. He was an unsuccessful candidate.

Mr. Conner received a notice of delinquency dated October 11, 2011 that he had not filed his 10-P report, and notice was received by Mr. Conner on October 26, 2011. (see attached documentation). Mr. Conner makes reference that he did not know he was required to electronically file the 10-P report. Mr. Conner received a candidate's packet at the time he qualified, which included notification of the requirement to file all reports electronically (see attached documentation).

Mr. Conner also makes reference that he timely submitted his 10-P report on paper form. Staff researched its records and determined that Mr. Conner did not timely file a 10-P report on paper form. The 10-P report was not filed until after Mr. Conner received a "second notice" from our office notifying him that the report was required to be filed. It was his EDE-P report that was submitted on paper form, and it was received by Campaign Finance staff on January 27, 2012 and the report was due by November 1, 2011(see attached correspondence dated February 2, 2012 ).

Comments:
ELECTION: October 22, 2011
TYPE OF REPORT: 10-P
DAYS LATE: 404
ASSESSED FEE: $2,000
REPORT DUE: October 12, 2011

REPORT FILED: November 19, 2012
ACTIVITY REPORTED:
$3,066.67 in receipts, $3,066.67 in disbursements, and $0 funds on hand
OTHER LATE FILINGS: 8

30-P and 10-P campaign finance reports each filed 6 days late, in connection with the October 23, 1999 election, 30-P, 10-P, and EDE-P campaign finance reports filed 46, 26, and 6 days late, in connection with the October 20, 2007 election, and 30-P, EDE-P and 10-G campaign finance reports filed 1, 358, and 17 days late, in connection with the October 22, 2011 election. The late fees assessed in connection with the October 23, 1999, and October 20, 2007 elections have been paid. The late fees assessed in connection with the October 22, 2011 election ($60, $600, and $600) have not 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.

Recommendations:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-138- Waiver Request
2013-138- Justin L. Conner-proof of receipt of candidate_s packet
2013-138- Justin L. Conner-10-P NOD and proof of receipt of notice
2013-138- Justin Conner-2/2/12 correspondence
2013-138- Justin Conner-staff email (2)