| Request that the Board waive a $2,500 campaign finance late fee assessed against Luke Fontana, an unsuccessful candidate for Mayor, City of New Orleans, Orleans Parish, in the November 13, 2021 election, whose 90-P campaign finance disclosure report was filed 14 days late. |
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Luke Fontana requests a waiver and states the following:
His campaign manager was mistakenly under the false impression, based on R.S. 18:1484 and 1486, that he was exempt from filing because he has no expenditures in excess of $2,500 and received no contributions from a single source, other than from personal funds, totaling $200. Then his campaign manager fell very ill with the Delta Variant of COVID-19 on June 29, 2021. As a result, he suffered from brain fog, known to be a short-term side effect of COVID-19 and clearly misinterpreted what constituted an exemption from filing and clearly didn't realize the office of Mayor of New Orleans is a "Major District Office. After recovering and being of clear mind, he discovered his errors. He filed the late 90-Day Report on the same day as 30-P. His campaign had nothing to hide by not filing.
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ELECTION: November 13, 2021
TYPES OF REPORT: 90-P
DAYS LATE: 93
ASSESSED FEE: $2,500
REPORTS DUE: July 12, 2021
REPORTS FILED: October 13, 2021
ACTIVITY REPORT: $300.00 in Receipt; $46.34in Expenditures and $253.66 Funds on Hand at Close of Reporting 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.
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Reduce to $1,000 based on Rule 1205C; decline to waive.
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| Assigned Attorney: |
Charles Reeves |
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