Meetings
 
Agenda Item
Docket No. 22-097
 
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RE:
Request that the Board reconsider its decision to reduce to $1,000 and decline to waive the $2,500 campaign finance late fee assessed against Marlin N. Gusman, an unsuccessful candidate for Sheriff, Orleans Parish, in the October 9, 2021 election, whose 180-P campaign finance disclosure report was filed 92 days late.
Facts:
Original request stated: Sheriff Gusman announced his intent to seek re-election on April 1, 2021. The reporting period for the 180-P ended on April 2, 2021. Sheriff Gusman had made no expenditures in connection with his re-election after his announcement to seek re-election, nor had he received any contributions after his decision to seek re-election. Because Sheriff Gusman did not announce his intention to seek re-election until April 1, 2021 (also, his Annual Report filed February 18, 2021 did not designate an election), Sheriff Gusman was not required to file the 180-P report.

Request for reconsideration does not provide any additional information.


Comments:
ELECTION: October 9, 2021
TYPES OF REPORT: 180-P
DAYS LATE: 92
ASSESSED FEE: $2,500
REPORTS DUE: April 12, 2021
REPORTS FILED: July 13, 2021
ACTIVITY REPORT: $-0 in Receipt; $-0 in Expenditures and $188,808.73 Funds on Hand at Close of Reporting Period
OTHER LATE FILINGS: SEVEN - PAID
02/02/2002 Election: 10-P (2 days late) - $120
10-G (1 days late)- $60
09/18/2004 Election: EDE-G (3 days late) - $300
04/22/2006 Election: EDE-P (6 days late) - $600
02/06/2010 Election: EDE-P (14 days late)-$1,400
10/14/2017 Election: 180-P (102 days late) - $2,500
90-P (1 days late) - $100
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.
18:1495.4B(1)(a) Each candidate for major office shall file a report no later than the one hundred eightieth day prior to the primary election, which shall be complete through the one hundred ninetieth day prior to the primary election.
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:
Reaffirm prior decision to reduce to $1,000 based on Rule1205C and decline to waive.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2022-097- Received request for reconsideration and request for an appearance - Marlin Gusman
2022-097 - CF Waiver Request - Marlin N. Gusman