Meetings
 
Agenda Item
Docket No. 13-341
 
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RE:
Reconsideration of a request that the Board waive the $400 campaign finance late fee assessed against Belton Moore, a candidate for Alderman-at-Large for the Town of Vivian, in the October 2, 2010 election, whose Special campaign finance disclosure report was filed 14 days late.
Facts:
In connection with his request for reconsideration of a waiver of the $400 late fee assessed for the late filing of a Special campaign finance report, Belton Moore, presents additional information stating that approximately seven to eight years ago, he suffered from a debilitating illness. The symptoms mimic so many different illnesses and were so random, that he was treated unsuccessfully over a long period of time for a number of different things, before he was finally diagnosed as having a chronic sinus infection.

Mr. Moore further states that short term memory loss and mental impairment were some of the symptoms he experienced. Eventually, after receiving medical treatment, he began to feel better and returned to a normal life. Shortly thereafter, he ran for office and subsequently won as Alderman-at- Large for Vivan. Not long afterwards, symptoms of his previous illness began to appear again. Mr. Moore goes on to say that though he thought that he was trying to keep up with the reporting dates and other requirements, his judgment was significantly impaired, making it nearly impossible for him to do do. He further states that since he is no longer able to work, the only income is that of his wife's and his Social Security check. Mr. Moore is an any other level candidate. This is his first campaign. He was a successful candidate.

In Board Docket No.2011-342, the Board, at its March 18, 2011 meeting, considered Mr. Moore's request for a waiver of the $400. The Board declined to waive the late fee, a waiver result letter regarding the Board's decision was sent to Mr. Moore (see attached documentation). Correspondence dated June 18, 2012 was sent to Mr. Moore, informing him that he could appeal the late fee assessment. Mr. Moore had 30 days from receipt of the letter to submit his request for an appeal. The letter was sent via certified mail and received by Kimberly Moore (see attached documentation).

Since an appeal or payment was not received from Mr. Moore, a demand letter dated March 12, 2013 was sent to Mr. Moore. Mr. Moore then forwarded his correspondence dated March 26, 2013.

Comments:
ELECTION: October 2, 2010
TYPE OF REPORT: Special

DAYS LATE: 14

ASSESSED FEE: $400

REPORT DUE: October 19, 2010

REPORT FILED: November 2, 2010

ACTIVITY REPORTED:

Special: $300 contribution on October 15, 2010

OTHER LATE FILINGS: 2

A 10-G report due October 25, 2010 and filed 1 day late in connection with the October 2, 2010 election, and an EDE-G report due November 12, 2010 and filed 11 days late in connection with the October 2, 2010 election. The $120 and $400 assessed late fees in connection with the late filings of the reports have 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.

Recommendations:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-341- Waiver Request
2013-341- Belton Moore-original waiver request submitted on 2/6/11
2013-341- Belton Moore-waiver request result letter for Special report
2013-341- Belton Moore-6/18/12 late fee assessment
2013-341- Belton Moore-demand letter