Meetings
 
Agenda Item
Docket No. 21-392
 
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RE:
Request that the Board waive the $1,000 and $480 campaign finance late fees assessed against Lynelle Johnson, an unsuccessful candidate for Justice of the Peace, 3rd Justice Court, Ascension Parish, in the November 3, 2020 election, whose 10-G and 2020 Supplemental campaign finance disclosure reports were filed 97 and 12 days late, respectively.
Facts:
Lynelle Johnson requests a waiver and states the following:

She has never been late or failed to file her campaign reports as required. Due to the complexity of this campaign she decided to hire someone to help. The first two reports she verified were filed timely, so she did not double check subsequent reports. When she received the first notice in February she contacted her report preparer and was assured that the reports were filed. When she received the 2nd notice she contacted the staff in Ethics Administration and found out that the reports were not filed. She understands it is her responsibility but unfortunately she took someone's word that they had been done. There were no outside campaign contributions or expenses other than bank fees.

Comments:
ELECTION: November 6, 2018
TYPES OF REPORT: 10-G, 2020 SUPPL
DAYS LATE: 97 and 12
ASSESSED FEE: $1000 and 240
REPORTS DUE: November 25, 2020 and February 18, 2021
REPORTS FILED: Both- March 2, 2021
ACTIVITY REPORT: 10-G: $-0 Receipts; $7.00 Expenditures; $915.90 Funds on Hand at the Close of Reporting Period.

2020 SUPPL: $-0 Receipts; $912.90 Expenditures ($898.90 Loan Repayment); $3.00 Funds on Hand at the 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.

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:
With respect to 10-G, reduce to $400 based on Rule 1205C; decline to waive.

With respect to SUPP2020, decline to waive.

Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2021-392 - CF Waiver Request Lynelle Johnson 10-G bw
2021-392- Waiver Memo -2020 Suppl