Meetings
 
Agenda Item
Docket No. 22-018
 
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RE:
Request that the Board waive the three (3) $2,000 campaign finance late fees for a total of $6,000 assessed against Markeda Cottonham, an unsuccessful candidate for Councilman, Metro District 10, East Baton Rouge Parish, in the November 3, 2020, whose 30-P, 10-P and 10-G campaign finance disclosure reports were filed 163, 142 and 112 days late, respectively.
Facts:
Markeda Cottonham requests a waiver and states the following:

She did not raise any money and thought that she didn't need to file anything. She called the Ethics office about a week prior to receiving the late notice and was told that she, in fact, did still need to file. She then needed money to get her form notarized. She mailed in the form to get her login information and filed reports. She did not neglect filing out of secrecy or malicious intent, she truly misunderstood the entire process. This was her first campaign and ran it by herself, no team, no advice, no help. Additionally, she is poor- a $6000 fine represents half of her annual income and would be an extreme financial burden.

Comments:
ELECTION: November 3, 2020
TYPES OF REPORT: 30-P, 10-P & 10-G
DAYS LATE: 163, 142 & 112
ASSESSED FEE: $2,000, $2,000 & $2,000
REPORTS DUE: October 5, 2020; October 26, 2020 and November 25, 2020
REPORTS FILED: All filed on March 17, 2021
ACTIVITY REPORT: 30-P $-01 in Receipt; $-0 in Expenditures and $-0 Funds on Hand at Close of Reporting Period
10-P: $-0 in Receipts; $-0 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.

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:
Reduce each late fee to $600 based on Rule 1205C; decline to waive.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2022-018 - CF Waiver Request Markeda Cottonham 30-P
2022-018 - CF Waiver Request Markeda Cottonham 10-P
2022-018 - CF Waiver Request Markeda Cottonham 10-G
2022-018- Ltr29885_63776276765