Meetings
 
Agenda Item
Docket No. 23-697
 
Print
RE:
Request that the Board waive three (3) $3,000 for a total of $9,000 campaign finance late fees assessed against Capitol Tiger PAC, a political action committee and its committee's chairperson, Tanner Magee, in the October 12, 2019 election, whose 30-P, 10-P and 10-G campaign finance disclosure reports were filed 1,352, 1,332 and 1,297 days late, respectively. AND Request that the Board waive three (3) $3,000 for an additional $9,000 campaign finance late fees assessed against Capitol Tiger PAC, a political action committee and its committee's chairperson, Tanner Magee in the November 3, 2020 election, whose 30-P, 10-P & 10-G were 963, 942 and 912 days late, respectively. Total late fees of $18,000.00
Facts:


Tanner Magee, chairperson for Capitol Tiger PAC, requests a waiver and states the following: The PAC made 3 contributions to 3 candidates but they were unaware of the reporting requirements during the election cycle. They disclosed all contributions on the annual report. In early 2023, while reviewing their finances and reconciling they realized they needed to amend their Capital PAC reporting. In March 2023, they received notice of discrepancies from BOE for reports filed in 2019 and 2020. The reports were corrected in May of 2023. They believe the $3,000 per report late fee is overly burdensome. The PAC is no longer accepting contributions and intends to file reports in 2023. They respectfully ask for a waiver of the late fees and are willing to appear before the Board.




Comments:
ELECTION: October 12, 2019 & November 3, 2020
TYPES OF REPORT: 30-P, 10-P & 10-G; 30-P, 10-P & 10-G
DAYS LATE: 1,352, 1,332 & 1,297; 963, 942 & 912
ASSESSED FEE: six(6) $3,000.00 for total of $18,000.00 & $1,000
REPORTS DUE: 2019 Election: September 12, 2019; October 2, 2019 & November 6, 2019:

2020 Election: October 5, 2020; October 26, 2020; November 25, 2020

REPORTS FILED: All filed on May 26, 2023
ACTIVITY REPORT: 30-P: $15,000.00 in Receipts; $2621.85 in Expenditures and $12,378-15 Fund at Close of Reporting Period

10-P: $2,750.00 in Receipts; $-0 in Expenditures; $15,128.15 Funds at Close of Reporting Period

10-G: $4,750.00 in Receipts; $-0 in Expenditures; $19,878.15 Funds at Close of Reporting Period


Election 2020: 30-P: $-0 in Receipts; $3,000.00 in Expenditures; $16,878.15 Funds at Close or Reporting Period

10-P: $1,000 in Receipts; $-0 in Expenditures; $17,878.15 Funds at Close of Reporting Period.

10-G: $-0 in Receipts; $2,500.00 in Expenditures; $15,378.15


OTHER LATE FILINGS: NONE

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.

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:
With respect to 2019 10-P, reduce to $2,750 based on Rule 1205C.

With respect to 2020 10-P, reduce to $2,000 based on Rule 1205C.

With respect to 2020 10-G, reduce to $2,500 based on Rule 1205C.

Decline to waive all.


Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2023-697 - CF waiver request 30-P 2019 Election
2023-697 - CF waiver request 10-P 2019 Election
2023-697 - CF Waiver request 10-G 2019 Eelction
2023-697 - CF waiver request 30-P 2020 Election
2023-697 - CF waiver request 10-P 2020 Election
2023-697 - CF waiver request 10-G 2020 Election