Meetings
 
Agenda Item
Docket No. 21-1032
 
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RE:
Request that the Board waive a $1,000 campaign finance late fee assessed against Darnell Waites, a successful candidate for Mayor, City of Baker (Pop. 12,455) in the July 11, 2020 election, whose 2020 Supplemental campaign finance disclosure report was filed 264 days late.
Facts:
Darnell Waites requests a waiver and states the following:

Due to the Covid 19 pandemic, the treasurer and many others from his campaign contracted the virus and were sick for many weeks. During this time his mailbox was closed unbeknownst to him. He did not know that he had outstanding reports. He was under the impression that he was in good standing with the Board of Ethics. He is asking for a waiver based on these reasons.

Comments:
ELECTION: July 11, 2020
TYPES OF REPORT: 2020 SUPPL
DAYS LATE: 264
ASSESSED FEE: $1,000
REPORTS DUE: February 18, 2021
REPORTS FILED: November 9, 2021

ACTIVITY REPORT: $-0 Receipts; $-0 Expenditures; $1,349.73 Funds on Hand at the Close of Reporting Period.This amount was brought forward to the 11/3/2020 election


OTHER LATE FILINGS: ONE- PAID


7/11/2020 election: 30-P (12 days late) - $480
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.

Rule 1205C provides that 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:
Reduce to $400 based on Rule 1205C; decline to waive.


Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2021-1032 - CF Waiver Request Darnell Waites