Meetings
 
Agenda Item
Docket No. 13-292
 
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RE:
Request that the Board waive the $400 campaign finance late fee assessed against Cade Benoit, a candidate for Acadia Parish Police Jury, District 7, in the October 22, 2011 election, whose 10-G campaign finance disclosure report was filed 350 days late.
Facts:
In connection with his request for a waiver of the $400 late fee assessed for the late filing of a 10-G campaign finance report, Brad Thomas Andrus, on behalf of the candidate, states that it was not necessary for the candidate to file a 10-G report because according to the candidate's packet instructions, one should only submit forms which pertain to his election.

Mr. Andrus further states that Mr. Benoit was a candidate in the primary election only, he was defeated in the primary election, therefore, he was not a candidate in the general election. Mr. Andrus maintains that the candidate informed the Campaign Finance division regarding the same, and was told to fill out a 10-G report, place zeros in every applicable column and return such information, he did so, but was still assessed a late fee. Mr. Benoit is an any other level candidate. This is his first election. He was an unsuccessful candidate.

As an any other level candidate, Mr. Benoit became required to file reports on September 7, 2011, when his campaign received a contribution in the amount of $250. The 10-G report is the last report for the primary election. All candidates participating in an election are required to file a 10-G report. A notice of delinquency regarding the 10-G report was sent via certified mail on November 15, 2011. It was returned by the USPS on December 9, 2011 (see attached documentation). Since Mr. Benoit failed to file the required 10-G report, he was referred for failure to file the 10-G report.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORT: 10-G

DAYS LATE: 350

ASSESSED FEE: $400

REPORT DUE: November 9, 2011

REPORT FILED: October 24, 2012

ACTIVITY REPORTED: $0 activity

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. 18:1484.(2)(b). Each candidate for any other public office shall file reports of contributions in excess of two hundred dollars in the aggregate during the aggregating period.

Recommendations:
Suspend all but $100 based on future compliance.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-292- Waiver Request
2013-292- Cade Benoit-Notice of Delinquency
2013-292- Filing Schedule