Meetings
 
Agenda Item
Docket No. 23-1019
 
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RE:
Request that the Board waive the $1,000 campaign finance late fee assessed against James Fontenot, II, a successful candidate for Councilman, District 4, Morgan City, St. Mary Parish, in the November 8, 2016 election, whose 2022 Supplemental campaign finance disclosure report was filed 33 days late.
Facts:
James Fontenot, II requests a waiver and states the following: He stepped away from politics in December 2017. At that time his campaign account had a surplus. He was unsure of his political future, so he kept the surplus. In early 2023, he decided to close the account and donate the funds to various charities. He encountered many challenges this year and submitted his report upon realizing it was time to file. Unfortunately, he filed untimely and was not made aware until he received a late fee notice. This $1,000 fine would have a negative impact on him and his family. Mr. Fontenot would like to apologize for the untimely submission of his report and ask for a waiver of the assessed late fee.
Comments:
ELECTION: November 8, 2016
TYPE OF REPORT: 2022 SUPPL
DAYS LATE: 33
ASSESSED FEE: $1,000.00
REPORTS DUE: February 15, 2023
REPORTS FILED: March 20, 2023
ACTIVITY REPORT: $-0 in Receipts; $-0 in Expenditures & 1,615.00 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:
2023-1065 - CF Waiver 30-P