Meetings
 
Agenda Item
Docket No. 13-313
 
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RE:
Appearance in connection with a request that the Board waive the $60, $600, and $600 campaign finance late fees assessed against Justin L. Conner, Sr., a candidate for State Representative, District 21, in the October 22, 2011 election, whose 30-P, EDE-P, and 10-G campaign finance disclosure reports were filed 1, 358, and 17 days late.
Facts:
In connection with his request for a waiver of the $60, $600, and $600 late fees assessed for the late filings of a 30-P, EDE-P, and 10-G campaign finance reports, Justin L. Conner, Sr., states that he submitted the necessary paper work on time, but was told that he had to file his reports electronically. There were emails (see attached documentation) and phone calls between himself and the Ethics staff regarding steps necessary to get the reports filed. Finally, he was able to get assistance with filing the reports electronically. Mr. Conner is a district level candidate. This is his thirteenth campaign. He was an unsuccessful candidate.

Mr. Conner makes reference that he timely submitted his report on paper form. Staff researched its records and determined that Mr. Conner's EDE-P report 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). The EDE-P report was the only report submitted on paper form by Mr. Conner, the other reports were filed electronically. The EDE-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.

Mr. Conner was sent a notice of delinquency dated November 4, 2011 that he had not filed his EDE-P report, and the notice was returned. He was sent a notice dated November 15, 2011 that he had not filed his 10-G report, and the notice was received on November 25, 2011. (see attached documentation). 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).

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

DAYS LATE: 1, 358, and 17

ASSESSED FEES: $60, $600, and $600

REPORTS DUE: September 22, 2011, November 1, 2011 and November 9, 2011

REPORTS FILED: September 23, 2011, October 24, 2012, and November 26, 2011

ACTIVITY REPORTED:

30-P: activity unavailable

EDE-P: $0 activity

10-G: activity unavailable

OTHER LATE FILINGS: 6

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 a 10-P campaign finance report 404 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 $2,000 late fee assessed in connection with the October 22, 2011 election has 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. 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:
2013-313- Waiver Request
2013-313- Justin Conner-NOD for EDE-P report
2013-313- Justin Conner-NOD and proof of mailing for 10-G report
2013-313- Justin Conner-staff email
2013-313- Justin Conner-2/2/12 correspondence