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Appearance in connection with a request that the Board waive the $1,140 campaign finance late fee assessed against Derek Babcock, a candidate for State Senate, District 13, in the October 22, 2011 election, whose Supplemental campaign finance disclosure report was filed 19 days late. |
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In connection with his request for a waiver of the $1,140 late fee assessed for the late filing of a Supplemental campaign finance report, Derek Babcock, states that he is a first time candidate and after receiving the information packet regarding campaign finance reporting, he felt it would be prudent to hire a CPA to make sure he did everything correctly. Mr. Babcock further states that it came to his attention that he had not filed his final report (10-G) correctly. He is not exactly sure where he messed up on the report, but knows that after the election was over, he had spent more money than he took in, he wasn't looking to raise the $2,300 deficit, so he believed that his final report was complete. He then received notice that a Supplemental report was due and then a letter regarding a fine. He came to the office to find out why he was required to file a supplemental report. He states that a campaign finance compliance officer told him that he needed to amend his 10-G report because it showed he had $8,323.72 in funds on hand. Mr. Babcock further states that he filed an amended report assuming all was well, until he received a late fee assessment. He submitted a waiver request on the date that it was due (May 9, 2012).
Campaign Finance disclosure records show that an audit of Mr. Babcock's 10-G report revealed errors with the report. The 10-G report showed expenditures to Peak Strategy Media, a public relations firm, however, the expenditures were not itemized. Mr. Babcock was sent correspondence dated May 4, 2012 requesting that he amend the report and itemize all expenses to Peak Strategy Media (see attached correspondence). The 10-G report also showed $8,323.72 in funds on hand.
Mr. Babcock was required to file a Supplemental report pursuant to 18:1495.4D(1). Mr. Babcock was sent notice of the requirement on February 22, 2012 and notice was received on February 23, 2012 (see attached documentation). Mr. Babcock makes reference that he submitted an amended report, however, campaign finance records does not show ever receiving an amended report. A demand letter was sent to Mr. Babcock dated August 23, 2012, demanding that he pay the assessed late fee by September 7, 2012(see attached). Mr. Babock contacted the office regarding the demand letter informing that he submitted a request for a waiver via fax. Mr. Babcock provided a fax number he used to fax the waiver request, which he states was faxed on the date of May 9, 2012.
The IT division researched its records and did not find a waiver request faxed on or around the date of May 9, 2012. An email from Mr. Babcock was received on September 9, 2012 requesting additional time to find proof of receipt regarding his faxed waiver request (see attached). However, the documentation was not provided by Mr. Babcock. He was sent a second demand letter on March 11, 2013. Mr. Babcock responded to the demand letter with his correspondence of March 25, 2013, (see attached).
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ELECTION: October 22, 2011
TYPE OF REPORT: Supplemental
DAYS LATE: 19
ASSESSED FEE: $1,140
REPORT DUE: February 15, 2012
REPORT FILED: March 5, 2012
ACTIVITY REPORTED:
$2,412.49 in receipts, $10,660 in disbursements, and $0 in funds on hand
OTHER LATE FILINGS: None
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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.
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| Assigned Attorney: |
Aneatra Boykin |
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