| Request that the Board reconsider its decision to decline to waive the $600 campaign finance late fee assessed against Ian Cotton, an unsuccessful candidate for Constable / 2nd Justice Court, Jefferson Parish in the November 4, 2014 election, whose 10-P campaign finance disclosure report was filed 10 days late. |
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Original request stated:
Ian Cotton requests a waiver and states the following: The basis of his waiver rests on the term knowingly. Being a new candidate in the political arena and operating a campaign without any staff, financial provisions, like the ones he is being accused of violating were not known. To knowingly violate this law, one must be fully aware, conscience, or deliberately neglect to adhere to the Act. He veraciously affirms that he was unaware of the charge put forth by the Act. He further submits that his actions of submitting the report ten days late, as referenced by the Late Fee Assessment Order, evidences his intent to comply with all financial rules governing a campaign. He prays that this committee accepts his plea for a waiver and sets aside the $600 late fee in its entirety.
Reconsideration request states:
On multiple occasions, the Board mailed Mr. Cotton notices stating a report was due and if the remaining funds on hand were below a certain amount to ignore the notice. He responded to the letters explaining that his 2014 campaign ended with $0 donations remaining. There aren't any funds in the account to pay the late fee and he believes it would be unfair to assess a fine against him if he is unable to pay it. Mr. Cotton understands the Board has a duty to enforce the campaign finance laws, but this case is an exception to the rule. He has a clean record with campaign finance compliance and has never been accused of any wrong doing. Mr. Cotton would like to ask that the decision be reconsidered to waive the late fee.
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ELECTION: November 4, 2014
TYPES OF REPORT: 10-P
DAYS LATE: 10
ASSESSED FEE: $600
REPORTS DUE: October 27, 2014
REPORTS FILED: November 6, 2014
ACTIVITY REPORT: $634.18 Receipts; $634.18 Expenditures; $796.99 Funds on Hand 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.
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Reaffirm decision to decline to waive.
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| Assigned Attorney: |
Charles Reeves |
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