| Request that the Board reconsider its decision to decline to waive a $2,500 campaign finance late fee assessed against C. Denise Marcelle, an unsuccessful candidate for Mayor-President, Metro Council, City of Baton Rouge, East Baton Rouge Parish in the November 3, 2020 election, whose 10-G campaign finance disclosure report was filed 32 days late. |
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Original waiver request stated: It addressed the late filing of two reports (180-P and 10-G reports). The reports were filed late due to the working conditions caused by COVID-19 virus. She didn't receive notification by certified mail from Ethics that the reports were 10 days late.
Reconsideration stated: Rep. Marcelle stated that she was not in contact with her report preparer during the period and was not able to contact because of impact of pandemic. Also, she stated that she was not notified within 4 days of the due date of the report that it was late. At the Board's February 4, 2022 meeting, staff stated that the notice of delinquency for 10-G, which was due by November 25, 2020 (the Wednesday before the Thanksgiving holidays), was sent on Dec. 1, 2020, which was within 2 business days of the report being due. At the February 4, 2022 meeting, the Board affirmed its decision to decline to waive the late fee.
Staff Review: After reviewing the notice of delinquency mailed to Rep. Marcelle in connection with the 10-G late fee, it was discovered that it was sent to the incorrect mailing address. Rather than being sent to 1222 N. Acadian Thruway, it was sent to 12224 N. Acadian Thruway. This was due to staff error when updating address information for Rep. Marcelle.
NOTE: The initial waiver request and reconsideration addressed two late fees - 180-P and 10-G. With respect to the late fee for the 180-P report, the Board, at its February 4, 2022 meeting, affirmed its decision to decline to waive the late fee. The 180-P was due before qualifying, and staff did not know Rep. Marcelle was a candidate for mayor-president in the November 2020 election at the time the report was due. Therefore, staff did not know she was required to file the 180-P report. Accordingly, no notice of delinquency was sent for that report.
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ELECTION: November 3, 2020
TYPES OF REPORT: 10-G
DAYS LATE: 32
ASSESSED FEE: $2,500
REPORT DUE: November 25, 2020
REPORT FILED: February 18, 2021
ACTIVITY REPORT: 10-G: $25,600.00 in Receipts; $47,775.78 in Expenditures; $6,798.40 Funds on Hand at the Close of Reporting Period
OTHER LATE FILINGS: -Eleven- PAID
90-P (2 days late)- $200
10/4/2008 Election: SPEC (3 days late)- $180
2009 SUPP (8 days late)- $480
2010 SUPP (12 days late) - $100
2011 SUPP (27 days late)- $1,620
10/22/2011 Election: 2010 ANN (1 days late)- $60
30-P (1 days late) - $60
40-G (575 days late)- $2,000
11/6/2012 Election: 30-P (2 days late)- $120
2012 SUPP (12 days late)- $720
2015 SUPP (1 days late)- $60
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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.
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For the 10-G report, suspend the $2,500 late fee to $400 based on future compliance with the provisions of the Campaign Finance Disclosure Act and payment within 20 days.
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| Assigned Attorney: |
Kathleen Allen |
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