Meetings
 
Agenda Item
Docket No. 21-605
 
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RE:
Request that the Board waive the $440, $1,000 and $1,000 campaign finance late fees assessed against Heather Damitio Howell, an unsuccessful candidate for Council Member, District 5, Town of Amite City in the November 3, 2020 election, whose 30-P, 10-P and 10-G campaign finance disclosure reports were filed 11, 168 and 138 days late, respectively.
Facts:
Heather Howell requests a waiver and states the following:


She has never done anything this difficult. She and her other family members were quarantined. She received very few donations and did not intend to make any late filings.


Comments:
ELECTION: November 3, 2020
TYPES OF REPORT: 30-P, 10-P & 10-G
DAYS LATE: 11, 168 & 138
ASSESSED FEE: $440, $1,000 & $1.000
REPORTS DUE: October 5, 2020; October 26, 2020 and November 25, 2020
REPORTS FILED: October 16, 2020, April 12, 2021 & April 12, 2021


ACTIVITY REPORT: 30-P $500.00 in Receipt; $500.00 in Expenditures and $-0
Funds on Hand at Close of Reporting Period


10-P: $5.47in Receipts; $5.47 in Expenditures and $-0 Funds on Hand at Close of Reporting Period


10-G: $-0 in Receipts; $-0 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.

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 30-P, decline to waive.

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


Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2021-605 CF Waiver Heather D Howell 30-P
2021-605 - CF Waiver Request Heather Damitio Howell 10-P
2021-605 - CF Waiver Request Heather Damitio Howell 10-G