Meetings
 
Agenda Item
Docket No. 23-555
 
Print
RE:
Request that the Board waive the $440 campaign finance late fee assessed against Marty J. Poche, a successful candidate for Member of School Board, District 4, St. James Parish, in the November 8, 2022 election, whose 40-G campaign finance disclosure report was filed 11 days late.
Facts:
Marty J. Poche requests a waiver and states the following: As a first-time candidate for public office, he assumed he properly completed the required documentation. The 40-G was filed on 11/18/2022 and he was unaware that it was incorrect until he received the 1/24/2023 letter. He contacted the BOE and was informed that the fee was assessed due to an error on page 2, line item # 18. The mistake was corrected and re-submitted on 1/30/2023. His intentions were not to avoid complying. The mistake would have been corrected immediately had he known. Mr. Poche would appreciate all consideration on waiving the late fee.
Comments:
ELECTION: November 8, 2022
TYPE OF REPORT: 40-G
DAYS LATE: 11
ASSESSED FEE: $440.00
REPORTS DUE: January 19, 2023
REPORTS FILED: January 30, 2023
ACTIVITY REPORT: $-0 in Receipts; $-0 in Expenditures & $-0 Funds at Close of Reporting Period
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:
Reduce to $400 based on Rule 1205C; decline to waive.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2023-555 - CF waiver request 40-G