Meetings
 
Agenda Item
Docket No. 20-639
 
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RE:
Request for reconsideration that the Board waive a $3,000 campaign finance late fee assessed against Citizens for Cutting the Crap Out of Politics, a political committee, its committee's chairperson, Dan Shapiro, and treasurer, Melodie Johnson, for the October 12, 2019 election, whose 40-G campaign finance disclosure report was filed 60 days late.
Facts:
Reconsideration: Filer says she was told by staff that this report was not due. If she had been made aware of the requirement to file this report when initially contacting the staff of the board, or if she had received any notice of delinquency in a reasonable time from the filing due date, the matter would have been rectified far sooner. She was completely unaware of a report due prior to the Annual report due in February of 2020. Within that the time period, the maximum fine amount had already been assessed.


Initial Waiver Request:

Melodie Johnson, treasurer for Citizens for Cutting the Crap Out of Politics, states the following:

She had understood that the 40th Day After General Election Report was only to be filed by PACs supporting or opposing a candidate in the General Election. Since the sole candidate that the committee was opposing was unsuccessful in the Runoff election in 2019, it was her understanding that the next report would be due on February 18, 2020, covering activity from October 28, 2019 through December 31, 2019. She did contact the Louisiana Administration Program once she was aware of the runoff election and was advised at the time that since there was no General election, that she would not need to file a Post-Election report. The delinquent filing notices regarding the 40th Day After General Election Report were sent to the PO Box on record, however, she was unfortunately unaware of these notices as she lives out of state and did not have physical access to this PO Box.

Comments:
ELECTION: October 12, 2019
TYPES OF REPORT: 40-G
DAYS LATE: 60
ASSESSED FEE: $3,000
REPORTS DUE: December 27, 2019
REPORTS FILED: February 25, 2020


ACTIVITY REPORT: $5,500.00 in Receipts; $5,290.00 in Expenditures and $1,190.00 Funds on Hand at Close of Reporting Period


OTHER LATE FILINGS: ONE-PAID

10-G (1 days late)- $200


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 for each day until such report is filed.

18:1495.4D(1) If the final report of a candidate for an election, as required by Paragraph (5), (6), or (7)of Subsection B of this Section, shows a deficit or a surplus, the candidate and his treasurer, if any, shall file supplemental reports with the supervisory committee of all information required in R.S. 18:1495.5. Such reports shall be filed annually no later than February fifteenth and shall be complete through the preceding December thirty-first. Such a supplemental report shall be filed each year until a report has been filed which shows no deficit and until any surplus campaign funds have been disposed of in accordance with R.S. 18:1505.2(I). The report on surplus funds shall disclose the disbursement of such funds in the same manner as expenditures are reported.


LAC 52:1205(C) states if a report is filed more than 10 days late and the amount of activity on the report is less than the amount of the late fee to be assessed, the staff may reduce the late fee to the amount of activity or 10 times the per-day penalty, whichever is greater.


Recommendations:
Affirm prior decision to decline to waive.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2020-639- Citizens for Cutting the Crap out of Politics -Reconsideration
2020-639 - CF Waiver Request Citizens for Cutting the Crap out of Politics
2020-639- 40-G NOD