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Waiver request submitted by Noland Joseph Marcantel, unsuccessful candidate for Constable/Justice of the Peace Ward 8 / Rapides Parish in the November 3, 2020 election, regarding a $2500 late fee assessed for filing his 2019 Tier 2 Candidate PFD 36 days late. |
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Noland J. Marcantel is requesting a waiver for filing his 2019 Candidate PFD Statement late for the following reasons:
Mr. Marcantel stated he failed to file his Tier 2 Election PFD because both he and his wife had been hospitalized due to COVID-19. His wife was in the hospital for 26 days: the virus attacked her heart and an emergency pacemaker had to be implanted. He stated documents did not get completed or returned as he and his wife were home recovering and trying to regain their strength. Also, during the time of the Candidate PFD filing deadline, his sister living in Beaumont, Texas was in hospice home care. He spent as much time with her in Beaumont as possible. His sister passed away while he was in the hospital. To add to his grief and illness, Hurricane Laura did a considerable amount of damage to his home and completely demolished his stepson's home in Sulphur Louisiana. Mr. Marcantel asks the Ethics Board to please take into consideration his explanation of events that impacted his filing and make an exception by waiving his late fee.
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TYPE OF REPORT: 2019 Tier 2 Candidate Report
ORIGINAL FILING DATE: July 29, 2020
DATE NOD RECEIVED: 8/7/2020 (COVID-19 designation)
DATE REPORT FILED: 9/23/2020
DAYS LATE FROM NOD: 36 days
DAYS LATE FROM ORIGINAL DUE DATE: 56 days
ASSESSED LATE FEE: $2500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 1 report
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La. R.S. 18:1495.7A
requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within three (3) business days after the close of the qualifying period during which the candidate files his notice of candidacy for the office.
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.
La. R.S. 42:1124.4 of the Code provides that upon discovery of the failure to file, failure to timely file, omission of information or inaccurate information, the Board shall notify the filer by sending him a notice of delinquency by certified mail. The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such failure, omission, or inaccuracy must be filed no later than seven (7) business days after receipt of the notice of delinquency.
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Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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