Meetings
 
Agenda Item
Docket No. 22-114
 
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RE:
Request for reconsideration of assessment of the enhanced penalty pursuant to La. R.S. 18:1505.4A(4)(b) for Kevin Bates, candidate for State Representative, 20th District, in the October 12, 2019 election, for his failure to file a SUPP2020 campaign finance disclosure report.
Facts:
Kevin Bates was a candidate for the office of State Representative, 20th District, in the October 12, 2019 election.

At the July 8, 2022 meeting, the Board assessed a $10,000 penalty against Mr. Bates for his failure to file SUPP2020 report.


On May 12, 2022, the Board filed a Request for Hearing with the Ethics Adjudicatory Board seeking authorization to assess an enhanced penalty against Mr. Bates for his failure to file SUPP2021 report.


During the course of the pursuit of the SUPP2021 matter, Mr. Bates amended his SUPP2019 which made him no longer required to file either the SUPP2020 or SUPP2021. Accordingly, the Board filed a Motion to Dismiss with the EAB on the matter pertaining to the SUPP2021.


At the time the amendment to the SUPP2021 was made, the order assessing the $10,000 penalty on the SUPP2020 had already been issued.

Mr. Bates is requesting that the order pertaining to the SUPP2020 be rescinded or reduced.


Law:
La. R.S. 18:1495.4A provides that the candidate is responsible for the filing of campaign finance disclosure reports by the deadlines provided in the CFDA.
La. R.S. 18:1484(1) requires each major and district office candidate to file certain campaign finance disclosure reports.
La. R.S. 18:1505.1A provides that failure to submit the reports required by the CFDA shall constitute a violation of the CFDA.
La. R.S. 18:1505.1B provides that failure to submit the reports required by the CFDA at the time required shall constitute a violation of the CFDA.
La. R.S. 18:1505.4A(4)(b) provides that the Board of Ethics may impose on any person required to file such a report, who has not filed the report by the eleventh day after the report is due and after an adjudicatory hearing by the Ethics Adjudicatory Board, an additional civil penalty not to exceed ten thousand dollars.
Recommendations:
Rescind enhanced penalty order for SUPP2020. Assess late fee of $2,000 for SUPP2019 due to late amendment.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2022-114- Enhanced Penalty Order
2022-114 bates request