Request that the Board waive the $2,000.00 campaign finance late fee assessed against, Randy S. Nunez, an unopposed candidate for Clerk of Court, St. Bernard Parish in the October 14, 2023 election, whose 2023 Supplemental campaign finance disclosure report was filed 134 days late. |
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Randy S. Nunez request a waiver and states the following: The filing instructions state that only one (the next due) report was required to be filed after he became unopposed. It also states that the report will be the final report. On 8/14/2023, he retained the elected office of Clerk of Court in St. Bernard Parish. The following and "final" 30-P report was electronically filed on time. Per the instructions, his campaign believed that was the final required report. Mr. Nunez mentions that the instructions do not emphasize that a supplemental report may or could be required in addition to the final report. A BOE representative informed him that having a surplus of funds requires a supplemental report. Mr. Nunez has not had any contributions or expenses since the 30-P report.
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ELECTION: October 14, 2023 TYPES OF REPORT: 2023 SUPPL DAYS LATE: 134 ASSESSED FEE: $2,000.00 REPORTS DUE: February 15, 2024 REPORTS FILED: June 4, 2024 ACTIVITY REPORT: $-0 Receipts; $-0 Expenditures; $22,758.20 Funds on Hand at the Close of Reporting Period.
OTHER LATE FILINGS: THREE- PAID
10/24/2015 Election: 2016 SUPP (8 days late) - $600.00
2017 SUPP (29 days late) - $750.00
10/12/2019 Election: 30-P (5 days late) - $300.00
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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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