Meetings
 
Agenda Item
Docket No. 22-396
 
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RE:
Request that the Board waive a $1,000 campaign finance late fee assessed against Kevin White, a successful candidate for Police Juror, District 1, Calcasieu Parish, in the October 24, 2015 election, whose 2019 Supplemental campaign finance disclosure report was filed 357 days late.
Facts:
Kevin White requests a waiver and states the following:

He would like to ask for a waiver on late fees based on previous reports or paperwork being mailed to the wrong address many times from this office even after changing his address at the post office. He was going through a divorce and having to move from the address that was on file. He did however change his address with the post office and all his other mail was sent to the correct and current address except the letter from this department. Once the letters were sent to the correct address and actually received, the reports were file very quickly. He has nothing to hide, and the reports can clearly show that so there wouldn't have been any reason for him not to file the reports. He feels that a fine of $1,000.00 in late fees is just completely wrong due to not actually receiving anything to the correct address to file to begin with.


Comments:
ELECTION: October 24, 2015
TYPES OF REPORT: 2019 SUPPL
DAYS LATE: 357
ASSESSED FEE: $1,000
REPORTS DUE: February 18, 2020
REPORTS FILED: February 09, 2021 ACTIVITY REPORT: $-0 Receipts; $57.05 Expenditures; $-0 Funds on Hand at the Close of Reporting Period.


OTHER LATE FILINGS: TWO- PAID


10/24/2015 Election: 2017 SUPP (1090 days late) -Reduced to $400 per Rule 1205C
2018 SUPP (723 days late) - Reduced to $400 per Rule 1025C
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:
2022-396 - CF Waiver Kevin White 2019 Supplemental 10-24-2015 election