| Request that the Board waive the $560 campaign finance late fees assessed against Gerald J. Michel, a successful candidate for Council Member, District 3, Terrebonne Parish, in the October 12, 2019 election, whose 2020 Supplemental campaign finance disclosure report was filed 14 days late. |
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Gerald J. Michel requests a waiver and states the following:
He erroneously concluded that he completed all reports necessary for the 2019 election. He had reported all contributions and had virtually no money remaining in his campaign checking account, with no activity since the previous report. As a result, he thought there was no need and/or requirement for another report. Since he completed the required report, he asks that the associated penalty be waived. He doesn't have campaign funds or the available personal funds to pay such a stiff penalty. He is doing his best to serve the public despite his limited financial means.
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ELECTION: October 12, 2019
TYPES OF REPORT: 2020 SUPPL
DAYS LATE: 14
ASSESSED FEE: $560
REPORTS DUE: February 18, 2021
REPORTS FILED: March 4, 2021
ACTIVITY REPORT: $-0 Receipts; $60.00 Expenditures; $429.78 Funds on Hand at the Close of Reporting Period.
OTHER LATE FILINGS: ONE - PAID
10-P (3 days late) - $120
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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.
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Reduce to $400 based on Rule 1205C; decline to waive.
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| Assigned Attorney: |
Charles Reeves |
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