Meetings
 
Agenda Item
Docket No. 24-036
 
Print
RE:
Request that the Board waive the $2,500 campaign finance late fee assessed against Kevin Guitterrez, who did not qualify as a candidate for BESE, District 1, Jefferson Parish in the October 14, 2023 election, whose 30-P campaign finance disclosure report was filed 96 days late.
Facts:
Kevin Guitterrez requests a waiver and states the following: He submitted the 180-P and 90-P when he planned on running for office. However, when it was time to file the 30-P, he decided not to qualify for office. He mistakenly assumed that no more reports were required to be filed. Later, he received a notice to file and filed the report on 7/7/2023.
However, he found out that the report was filed incorrectly and promptly amended it. Mr. Guitterrez intended to file his reports on time and would like to apologize for his mistake. He kindly requests that the assessed late fee be waived
Comments:
ELECTION: October 14, 2023
TYPES OF REPORT: 30-P
DAYS LATE: 96
ASSESSED FEE: $2,500
REPORTS DUE: September 14, 2023
REPORTS FILED: December 19, 2023
ACTIVITY REPORT: $-0 in Receipts; $-0 in Expenditures and $6,641.45 Fund 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 $1,000 based on Rule 1205C; decline to waive.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2024-036 - CF Waiver 30-P