State, Board of Ethics v. Darby

937 So. 2d 929, 6 La.App. 3 Cir. 1058, 2006 La. App. LEXIS 1852
CourtLouisiana Court of Appeal
DecidedAugust 24, 2006
DocketNo. CA 2006-1058
StatusPublished
Cited by5 cases

This text of 937 So. 2d 929 (State, Board of Ethics v. Darby) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State, Board of Ethics v. Darby, 937 So. 2d 929, 6 La.App. 3 Cir. 1058, 2006 La. App. LEXIS 1852 (La. Ct. App. 2006).

Opinion

PAINTER, J.

L Pursuant to La.R.S. 18:1409 of the Election Code, we have granted expedited consideration to the appeal of the judgment denying the Louisiana State Board of Ethics’ (the “Board”) objection to the candidacy of Jim Darby (“Mr. Darby”) for Sheriff of St. Landry Parish, Louisiana. The Board, in its capacity as the Supervisory Committee on Finance Disclosure, asserted that Mr. Darby should be disqualified as a candidate because he falsely certified on his “Notice of Candidacy” that he did not owe outstanding fines, fees, or penalties pursuant to the Campaign Finance Disclosure Act (“CFDA”), La.R.S. 18:1481, et seq. At the contradictory hearing on the matter, the trial court ordered Mr. Darby to pay the outstanding fees within twenty-four hours to avoid disqualification. Mr. Darby paid the fine and the trial court denied the petition of the Board. For the following reasons, we reverse and render.

ISSUES

Can a candidate who falsely swears in the “Notice of Candidacy” form that he does not owe outstanding fees, fines, or penalties pursuant to the Campaign Finance Disclosure Act avoid disqualification as a candidate by subsequently tendering payment of the outstanding amount due?

FACTUAL BACKGROUND

Defendant-appellee, Mr. Darby, qualified to run for Sheriff of St. Landry Parish by filing Louisiana’s qualifying form, the “Notice of Candidacy”, on August 11, 2006, with the St. Landry Parish Clerk of Court.1 Mr. Darby signed the form before |2two witnesses and a notary public on that date, certifying, among other things, the following:

6. I do not owe any outstanding fines, fees, or penalties pursuant to the Campaign Finance Disclosure Act, and I acknowledge that I am subject to the provisions of the Campaign Finance Disclosure Act if I am a candidate for any office other than United States Senator, Representative in Congress, or member of a committee of a political party. [R.S. 18:463A(2)(a), 18:1481, et seq.]

On August 15, 2006, the Board, in its capacity as the Supervisory Committee on Finance Disclosure, filed a petition objecting to Mr. Darby’s candidacy, specifically alleging that pursuant to La.R.S. 18:492(A)(5)2, the false certification served [931]*931as grounds for Mr. Darby’s disqualification as a candidate. The Board alleged that it had assessed late fees against Mr. Darby on September 14, 2004, for failure to timely file four campaign finance disclosure and/or expenditure reports, as mandated by La.R.S. 18:1484(1)3, relevant to the October 4, 2003, election in which Mr. Darby was a candidate for the office of State Senate, District 24.4 The Board’s Order | Sassessing $1,200.00 in late fees was subsequently converted into a Judgment by the 19th Judicial District Court on March 22, 2005. The Judgment was filed in the St. Landry Parish Clerk of Court records on November 18, 2005. The Board asserted that Mr. Darby failed to seek a waiver of the fees prior to a final Order being rendered and also failed to seek an appeal of the judgment within the delays allowed by law. Attached to the Board’s petition was the sworn Verification of Judith Jackson, the Campaign Finance Program Compliance Officer for the Ethics Administration Program. In that document she states that she receives and records payments of campaign finance late fee assessments and that as of August 14, 2006, Mr. Darby had made no payments on the $1,200.00 assessment.

On August 17, 2006, a contradictory hearing was held before the trial court on the Board’s challenge to Mr. Darby’s candidacy, in support of which the Board filed into evidence the “Notice of Candidacy” containing the false certification, a certified copy of the Board’s Order of October 14, 2004, which made absolute Mr. Darby’s assessment of late fees, and a certified copy of the 19th Judicial District Court’s Judgment converting the Order. Mr. Darby appeared at the hearing in proper person and denied that he had any knowledge of having been assessed late fees by the Board at the time he filed his “Notice of Candidacy” on August 11, 2006.

The trial court orally ruled that the Board established a prima facie case for Mr. Darby’s disqualification. The court, however, ordered Mr. Darby to tender the full amount owed to the Board by 10:30 a.m. the following morning in order to avoid being disqualified as a candidate. That day, Mr. Darby submitted two money orders totaling $1,200.00, as directed by the trial court. The trial court signed a Judgment denying the Board’s objection to Mr. Darby’s candidacy on August 18, 2006. The Board filed this appeal.

CLAW AND ANALYSIS

Revised Statutes 18:463(A)(2)(a) and (b) require a candidate to certify at the time of qualifying that he or she owes no outstanding fines pursuant to the CFDA:

§ 463. Notice of Candidacy; financial statements; political advertising; penalties

(2)(a) The notice of candidacy also shall include a certificate, signed by the [932]*932candidate, certifying that he has read the notice of his candidacy, that he meets the qualifications of the office for which he is qualifying, that he is not currently under an order of imprisonment for conviction of a felony, that he is not prohibited from qualifying as a candidate for conviction of a felony pursuant to Article I, Section 10 of the Constitution of Louisiana, that he has attached to the notice of his candidacy the financial statement required by Subsection B of this Section, if applicable, that he acknowledges that he is subject to the provisions of the Campaign Finance Disclosure Act (R.S. 18:1⅛81 et seq.) if he is a candidate for any office other than United States senator, representative in congress, or member of a committee of a political party, that he does not owe any outstanding fines, fees, or penalties pursuant to the Campaign Finance Disclosure Act, and that all of the statements contained in it are true and correct. The certificate shall be executed before a notary public or shall be witnessed by two persons who are registered to vote on the office the candidate seeks. If the candidate is serving outside the state with the armed forces of the United States, his notice of candidacy shall be witnessed by a commissioned officer in the armed forces of the United States.
(b) For the purposes of this Paragraph, “outstanding fine, fee, or penalty” shall mean a fine, fee, or penalty equal to an amount of two hundred fifty dollars or more assessed by order of the Supervisory Committee on Campaign Finance Disclosure pursuant to the Campaign Finance Disclosure Act which has been converted into a court order for which all appeals have been exhausted or a judgment of a district court assessing civil penalties pursuant to the Campaign Finance Disclosure Act which has become executory pursuant to R.S. 18:1511.5. “Outstanding fine, fee, or penalty” shall not mean any fine, fee, or penalty which has been paid in full or for which the candidate is in compliance with a payment plan established in writing between the Supervisory Committee on Campaign Finance Disclosure and the candidate.

[fi(Emphasis added). The Election Code, in turn, establishes that a false certification in this regard that is set forth in the “Notice of Candidacy” is a ground for disqualification of the candidate. La.R.S. 18:492(A)(5).

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Bluebook (online)
937 So. 2d 929, 6 La.App. 3 Cir. 1058, 2006 La. App. LEXIS 1852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-board-of-ethics-v-darby-lactapp-2006.