Meetings
 
Agenda Item
Docket No. 21-037
 
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RE:
Request that the Board waive the $60 and $720 campaign finance late fees assessed against Wayne J. Nocito, in his capacity as a candidate for Constable, 2nd Justice Court, in the November 3, 2020 election, whose 30-P and 10-G campaign finance disclosure reports were filed 1 and 12 days late, respectively.
Facts:


Beryl C. Dantin, report preparer for Wayne J. Nocito, requests a waiver and states the following:
30-P:


The late filing was due to a Leaders' problem he encountered when he tried to submit the report. He sent an e-mail on October 5, 2020 when he encountered the problem. Someone did call him late on October 5, 2020, but he missed the call. He called the person back first thing October 6, 2020 and he corrected the problem. He then filed immediately after he got off the phone with the Leaders' person. He should have documentation of this phone call. The problem had to do with debt reporting which he later found out was not needed. Had it not been for this problem, the report would have been timely.

10-G:


For every candidate he does reporting for, he uses the website to get the filing schedule and file all reports through Leaders. No candidate has ever given him the schedule they receive when they qualify. He handles four candidates' reporting and has a good reputation of timely filing reports. This was the first time he was not provided with the correct filing schedule. It was not until the candidate received a letter from the Board questioning the filing of the 10-G report that he realized the schedule on the website had changed.

Comments:
ELECTION: November 3, 2020
TYPES OF REPORT: 30-P & 10-G
DAYS LATE: 1 & 12
ASSESSED FEE: $60 & $720
REPORTS DUE: October 5, 2020 and November 25, 2020
REPORTS FILED: October 6, 2020 and December 7, 2020


ACTIVITY REPORT: 30-P: $ 2,976.16 in Receipt; $2,976.16 in Expenditures and $-0 Funds on Hand at Close of Reporting Period


10-G $2,781.63 in Receipts; $2,781.63 in Expenditures and $-0 Funds on Hand at Close of Reporting Period


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 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.

Recommendations:
Waive $60 fine for 30-P.

Decline to waive $720 fine for 10-G.



Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2021-037 - CF Waiver Request Wayne J. Nocito 30-P
2021-037- Wayne Nocito 10-G Waiver