Meetings
 
Agenda Item
Docket No. 21-162
 
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RE:
Request to rescind order for the assessment of the enhanced penalties ($30,000 total) pursuant to La. R.S. 18:1505.4A(4)(a) and (b) for Lester Smith, candidate for State Representative, District 3, Caddo Parish, in the October 12, 2019 election, for his failure to file 30-P, 10-P and 10-G campaign finance disclosure reports ANDUntimely request that the Board waive three $2,000 late fees ($6,000 total) assessed against Lester Smith, an unsuccessful candidate for State Representative, District 3, Caddo Parish, in the October 12, 2019 election, whose 30-P, 10-P and 10-G reports were filed
Facts:
Mr. Smith requests the enhanced penalties be rescinded and the late fees be waived and states the following:

Mr. Smith ran a small campaign, collecting only a few thousand dollars in contributions, mostly from himself. He had no staff or consultant. Mr. Smith had family difficulties around the time of the election. During 2020, he had significant medical issues.

Mr. Smith does not dispute the facts of the late filings, but he would like to run for office again to serve his community.

Comments:
ELECTION: October 12, 2019
TYPES OF REPORT: 30-P, 10-P, 10-G
DAYS LATE: 2,290 days late, 2,270 days late and 2,235 days late
ASSESSED FEE: $2,000 each
REPORTS DUE: September, 12, 2019, October 2, 2019 and November 6, 2019
REPORTS FILED: each filed December 18, 2025

ACTIVITY REPORT: 30-P: $600 in Receipts; $546 in Expenditures and $54 Funds at Close of Reporting Period
10-P: $500 in Receipts; $77.73 in Expenditures and $476.57 Funds at Close of Reporting Period
10-G: $865 in Receipts; $80 in Expenditures and $1261.57 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.

La. R.S. 18:1495.4A provides that the candidate is responsible for the filing of campaign finance disclosure reports by the deadlines provided in the CFDA.

La. R.S. 18:1484(1) requires each major and district office candidate to file certain campaign finance disclosure reports.

La. R.S. 18:1495.4(B) requires each major and district office candidate to file a 30-P, 10-P and 10-G report.


La. R.S. 18:1505.1A provides that failure to submit the reports required by the CFDA shall constitute a violation of the CFDA.
La. R.S. 18:1505.1B provides that failure to submit the reports required by the CFDA at the time required shall constitute a violation of the CFDA.
La. R.S. 18:1505.4A(4)(a) provides that the Board of Ethics may impose on any person required to file such a report, who has not filed the report by the sixth day after the report is due and after an adjudicatory hearing by the Ethics Adjudicatory Board, an additional civil penalty not to exceed ten thousand dollars.
La. R.S. 18:1505.4A(4)(b) provides that the Board of Ethics may impose on any person required to file such a report, who has not filed the report by the eleventh day after the report is due and after an adjudicatory hearing by the Ethics Adjudicatory Board, an additional civil penalty not to exceed ten thousand dollars.

Recommendations:
Decline to consider untimely waiver request. If considered, decline to waive.

Decline to rescind enhanced penalties.

Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2020-5600-ETHICS-A- Decision
2021-162- Enhanced Penalty Order 30-P, 10-P, 10-G
2021-162--Ltr to C. Reeves