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Request the Board waive the $1,080 campaign finance late fee assessed against William R. "Trey" Mustian, an unsuccessful candidate for State Representative, 82nd Representative District in the October 12, 2019 election, whose 2023 Supplemental campaign finance disclosure report was 18 days late.
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William R. "Trey" Mustian is submitting a waiver and states the following: That his report was not filed untimely but was inadvertently filed in the incorrect format, meaning the report was filed six days before the due date. Previously, he was unaware that the report needed to be electronically filed. After reading the guidelines, Mr. Williams concluded that a filing in the incorrect format is nevertheless considered to be filed on the date it was received and did not read anything stating that filing in another format makes the filing late. He also states that the statute has no specific penalty for not filing electronically. Mr. Mustian says that he filed in good faith to meet the deadline.
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ELECTION: October 12, 2019
TYPES OF REPORT: 2023 SUPPL
DAYS LATE: 18
ASSESSED FEE: $1,080.00
REPORTS DUE: February 15, 2024
REPORTS FILED: March 4, 2024
ACTIVITY REPORT: $-0 Receipts; $-0 Expenditures; $798.70 Funds on Hand at the Close of Reporting Period. Deficit: $5,000.00
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.
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.
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Reduce to $600 based on Rule 1205C; decline to waive.
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| Assigned Attorney: |
Charles Reeves |
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