Meetings
 
Agenda Item
Docket No. 23-798
 
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RE:
Request that the Board waive the $1,140.00, $2,000.00 and $1,740.00 campaign finance late fees ($4,880 total) assessed against Daryl Joy Walters, an unsuccessful candidate for State Representative, 3rd Representative District in the October 12, 2019 election, whose 40-G, 2020 Supplemental and 2021 Supplemental campaign finance disclosure reports were filed 19, 391 and 29 days late, respectively.
Facts:
Daryl Joy Walters requests a waiver and states the following: She pursued public office for the 1st time in 2019 and hired a campaign treasurer to assist with filing her reports. She was not aware of the obligation to file no matter the account balance. After her campaign loss, she moved to New Orleans, LA and then Atlanta, GA to study theology. She remained in Atlanta until the Fall of 2022. The notices were forwarded to her grandparents address and were returned as undelivered. Had she received the notices she would have complied. She read the statutes noted in her latest notice and states that it applies to candidates who knowingly fail to file or pay due amounts. This mishap was not intentional nor was she aware of the attempts to be notified. Ms. Walters respectfully asks that the assessment be waived for these reason.



Comments:
ELECTION: October 12, 2019
TYPES OF REPORT: 40-G, 2020 SUPPL & 2021 SUPPL
DAYS LATE: 19, 391 & 76
ASSESSED FEE: $1,140.00, $2,000.00 & $1,740.00
REPORTS DUE: December 27, 2019, February 18, 2021 and February 15, 2022
REPORTS FILED: January 15, 2020; March 16, 2022 & March 16, 2022
ACTIVITY REPORT: 40-G $5,825.00 in Receipt; $8,358.00 in Expenditures and $8,153.74 Funds at Close of Reporting Period
2020 SUPPL: $-0 in Receipts; $-0 in Expenditures and $8,153.74 Funds on Hand at Close of Reporting Period


2021 SUPPL: $-0 in Receipts; $-0 in Expenditures and $8,153.74 Funds on Hand at the Close of Reporting Period.


OTHER LATE FILINGS:


10-G (10/12/2019 election)--$60 (PAID)

30-P (10/12/2019 election)--$60 (PAID)




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 40-G, decline to waive.

With respect to the SUPP2020 and SUPP2021, reduce each to $600 based on Rule 1205C; decline to waive.


Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2023-798 - CF Waiver 40-G
2023-798 - CF Waiver SUPP2020
2023-798 - CF Waiver SUPP2021