Meetings
 
Agenda Item
Docket No. 13-291
 
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RE:
Request that the Board waive the $600 campaign finance late fee assessed against Denise Holden, a candidate for Orleans City Council, in the February 6, 2010 election, whose Supplemental campaign finance disclosure report was filed 10 days late.
Facts:
In connection with her request for a waiver of the $600 late fee assessed for the late filing of a Supplemental campaign finance report, Denise Holden states that during the week of February 11, 2013, while using the Leaders software, she made several attempts to electronically file her report. She used both her laptop and home computer, however, she was unsuccessful and received error messages. She finally contacted the IT division, and on February 25, 2013, Gene Dawson was able to assist her with getting her report electronically filed.

The IT division researched their records, and determined that the error messages received by Ms. Holden each time she tried to electronically file her report were due to her network preventing her from connecting to the agency's server. The report also shows an email by Ms. Holden to Gene Dawson on the date of January 31, 2013, inquiring about obtaining an ID and password for filing her Supplemental report. A reply email was sent on the same day, informing her that she should continue using the same id and password regarding the Supplemental report due February 15, 2013, for the February 6, 2010 election. (see attached report from IT division).

The IT Division was unable to locate error messages during the week of February 11, 2013. Notice regarding the report was sent to Ms. Holden on February 21, 2013. The USPS reference that notice was left on 2/26/13 and unclaimed as of 3/20/13 (see attached documentation).

Comments:
ELECTION: February 6, 2010
TYPE OF REPORT: Supplemental

DAYS LATE: 10

ASSESSED FEE: $600

REPORT DUE: February 15, 2013

REPORT FILED: February 25, 2013

ACTIVITY REPORTED: $0 activity

OTHER LATE FILINGS: 1

A Supplemental campaign finance report filed 35 days late, in connection with the February 6, 2010 election. The late fee assessed for the late filing of the report has 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:
2013-291- Waiver Request
2013-291- Denise Holden-IT report