Request that the Board waive the $2,000 campaign finance late fee assessed against Javon Charles, an unsuccessful candidate for State Representative, 50th Representative District in the October 12, 2019 election, whose 10-G campaign finance disclosure report was filed 113 days late. |
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Javon Charles requests a waiver and states the following:
He ran for public office for the first time in 2019 but made clerical errors in his report. He believes he was notified of the repercussions of filing incorrectly. He may have received a NOD but didn't know that an incorrect report is the same as filing a report late. His total contributions were $875 and thought he couldn't be fined more than twice what was received for the campaign. COVID affected his finances, livelihood, and health in late 2020-2022. He filed for bankruptcy in 2022. Mr. Charles was informed that USPS put a COVID classification on the notice, but he didn't receive it on 3/19/2022. He contacted BOE about running again and his fines. Mr. Charles was sent copies of the notices he didn't receive. He now understands the importance of filing correctly and timely. He would like to ask for a waiver of the late fee.
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ELECTION: October 12, 2019 TYPES OF REPORT: 10-G DAYS LATE: 113 ASSESSED FEE: $2,000 REPORTS DUE: November 6, 2019 REPORTS FILED: February 27, 2020 ACTIVITY REPORT: $250.00 in Receipts; $438.83 in Expenditures; $436.17 Funds at the 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 $600 based on Rule 1205C; decline to waive.
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Assigned Attorney: |
Charles Reeves |
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