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Request that the Board waive the $600 and $1,500 campaign finance late fees totaling $2,100 assessed against Benjamin "Ben" Kleban, a candidate for Member of School Board, District 5, Orleans Parish for a future election, whose 2019 and 2020 annual campaign finance disclosure reports were filed 17 and 25 days late, respectively. |
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Benjamin "Ben" Kleban requests a waiver of all late fees assessed and states the following:
Due to the untimely notices mailed by the Board staff and the noncompliance with the Board's administrative rules, Rule 1201A of the Board (LAC 52:1201A), requires the staff to "mail, by certified mail, a notice of delinquency within four business days after the due date for any report or statement." The late fee assessment for 2019 was mailed to me 350 business days after the due date for the report, and the late fee assessment for 2020 was mailed to me 101 business days after the due date for the report.
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ELECTION: Future Election
TYPES OF REPORT: 2019 & 2020 Annual
DAYS LATE: 17 & 25
ASSESSED FEE: $600 & $1,500
REPORTS DUE: February 18, 2020 and
REPORTS FILED: March 6, 2020 and
ACTIVITY REPORT:2019 Annual: $-0 Receipts; $494.52 Expenditures; $114.47
Funds on Hand at the Close of Reporting Period.
2020 Annual: $-0 in Receipts; $114.47 in Expenditures; $-0 Funds at Close of Report Period
OTHER LATE FILINGS: NONE
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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.
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.
LAC 52:1201A provides that the staff shall mail, by certified mail, a notice of delinquency within four business days after the due date for any report or statement, of which the staff knows or has reason to know is due by the filer that is due under any law within the board's jurisdiction which has not been timely filed.
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With respect to ANN2019, decline to waive.
With respect to ANN2020, reduce to $600 based on Rule 1205C; decline to waive.
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| Assigned Attorney: |
Charles Reeves |
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