Meetings
 
Agenda Item
Docket No. 13-337
 
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RE:
Request that the Board waive the $2,000, $2,000, $2,000, and $2,000 campaign finance late fees assessed against Home Builder Association of Central LA, a political action committee whose 10-G campaign finance disclosure report for the March 27, 2010 election was filed 456 days late, and 30-P, 10-P, and 10-G campaign finance disclosure reports for the October 2, 2010 election were filed 322, 302, and 269 days late.
Facts:
In connection with her request for a waiver of the $8,000 in late fees assessed for the late filings of 30-P, 10-P, and two 10-G campaign finance reports, Amy Desoto, on behalf of the committee states that their PAC is in the process of dissolving and they do not have the means of paying the fines. She further states that she has been responsible for recording all of the contributions and distribution of the funds, and she was not familiar with the filing requirements for the reports.

On its annual report for 2010, the committee noted a contribution of $500 to the campaign fund of Kevin Dorn, a candidate for Pineville City Council in the March 27, 2010 election, and Jacques Roy, a candidate for Mayor of Alexandria in the October 2, 2010 election. Based on the date of the contributions, Home Builders Association of Central LA Build PAC was required to file a 10-G report for the March 27, 2010 election, and 30-P, 10-P, and 10-G reports for the October 2, 2010 election. The reports were not filed until after referral for failure to file the required reports.

La. R.S. 42:1157 provides that the late filer may apply to the Board for a waiver of late fees within twenty days after the receipt of the late fee assessment. In connection with the October 2, 2010 election, Home Builders Association of Central LA Build PAC was assessed $2,000, $2,000, $2,000 late fees, on December 11, 2012. Home Builders Association of Central LA Build PAC received the late fee assessment on December 13, 2012, and a request for a good cause waiver must have been submitted by January 2, 2013 (see attached documentation). Home Builders Association of Central LA Build PAC's waiver request was submitted on March 18, 2013. Therefore, the waiver request for the $2,000, $2,000, and $2,000 late fees is untimely.

In connection with the March 27, 2010 election, Home Builders Association of Central LA Build PAC was assessed a $2,000 late fee for filing its 10-G report 456 days late. In Board Docket No. 2012-1842, the Board at its November 16, 2012 meeting considered Home Builders Association of Central LA Build PAC's request for a waiver of the $2,000 late fee for 10-G report. The Board declined to waive the late fee. Pursuant to Board Rule 1207F(1), Home Builders Association of Central LA Build PAC's request for a reconsideration of a waiver of the $2,000 late fee is untimely.

Comments:
ELECTIONS: March 27, 2010 and October 2, 2010
TYPE OF REPORTS: 10-G, 30-P, 10-P, and 10-G

DAYS LATE: 456, 322, 302, 269

ASSESSED FEES: $2,000, $2,000, $2,000, and $2,000

REPORTS DUE:

April 21, 2010(10-G for March election)

September 2, 2010, September 22, 2010, and October 25, 2010

REPORTS FILED:

July 21, 2011-for all reports

ACTIVITY REPORTED:

10-G-$403.37 in receipts, $1,100 in disbursements, and $9,792.36 in funds on hand

30-P-$273.14 in receipts, 110.00 in disbursements, and $9,448.77 in funds on hand

10-P-$273.14 in receipts, 110.00 in disbursements, and $9,448.77 in funds on hand

10-G-$273.14 in receipts, 110.00 in disbursements, and $9,448.77 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 waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-337- Waiver Request
2013-337- Home Builder Association of Central LA Build PAC-documents for $2,000 late fee assessment
2013-337- Home Builders Association of Central LA Build PAC-documents for $6,000 late fee assessment