|
Request that the Board reconsider its decision to decline to waive a $660 campaign finance late fee assessed against Terrell "T-Bone" Wilson, an unsuccessful candidate for Councilman at Large, Division B, St. Charles Parish, in the October 12, 2019 election, whose 40-G campaign finance disclosure report was filed 11 days late; and, a $1,000 campaign finance late fee assessed against Terrell "T-Bone" Wilson, a successful candidate for Justice of the Peace, District 1, St. Charles Parish, in the July 11, 2020 election, whose 30-P campaign finance reports was filed 130 days late. |
|
Original request stated:
The week prior to qualifying, his mother died on July 30, 2019. He was the sole provider for his mother and during that time there were a lot of emotions as he cared for his mom leading up to her death. As the candidate, treasurer and campaign manager, and with delivering signs and attending many forums his attention and focus were redirected toward the burial expenses due to his mother being under-insured. Therefore, he is respectfully asking if the board would consider waiving part of or the entire fine due to his emotional and psychological stress of his mother's passing. After receiving the certified letter, he notified the department of his intent to submit an appeal for the reason why he was late. All other reports were filed timely.
30-P: Two contributions were mailed to his campaign that totaled $750. Those two checks circulated through the United States Postal Service until it was then returned to senders. Finally, he was notified by the donors the checks were returned. He then picked up both checks in person and deposited in to his campaign account.
When he completed the 40-G report for the 711/2020 election on January 7, 2020, it did not include those two checks because at the time of filing, he was not in receipt of them. Upon filing his next report, he then included the contributions that were received on the 10-G. He received correspondence by mail that he had incorrectly filed the report with instruction on how to correct it to include that he had to file a 30-P report which included the contributions received on that report. This election should have occurred in April 2020 to fill the vacant spot. Due to the COVID-19 pandemic, the election was on July 11, 2020. To the best of his knowledge, all reports and amendments have been submitted.
Reconsideration request states:
He is confused as to the letters he has received from the Board of Ethics, as the dates appear to be incorrect. He also had surgery prior to the first report being due.
|
|
ELECTION: October 12, 2019 & July 11, 2020
TYPES OF REPORT: 40-G & 30-P
DAYS LATE: 11 & 131
ASSESSED FEE: $660 & $1,000
REPORTS DUE: December 27, 2019 & March 5, 2020
REPORTS FILED: January 7, 2020 & July 13, 2020
ACTIVITY REPORT: 40-G $6,229.42 in Receipts; $6,358.87 in Expenditures and $2,451.26 Funds on Hand at Close of Reporting Period
30-P: $750.00 in Receipts; $1,272.79 in Expenditures; $ 1,928.47 Funds at Close of Reporting Period
OTHER LATE FILINGS: None
|
|
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.
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.
|
|
|
Affirm prior decision to decline to waive.
|
|
| Assigned Attorney: |
Charles Reeves |
|
|