Half of penalties for late filing waived

Friday, Jan. 5, 2001 | 11 a.m.

CARSON CITY -- The secretary of state's office has waived fines against more than 50 percent of the political candidates who failed to file their first campaign expenses and contributions report on time.

But the office is still trying to collect fines of up to $5,000 against those who didn't file any first report. Included in the group are University Regent David Phillips of Las Vegas and Chester Richardson, who ran unsuccessfully for Assembly District 7 in Las Vegas.

The candidates were supposed to file their first expenses and contribution report a week before the Nevada primary election in September. And fines can be levied for each day the report is overdue. For the first seven days it is $25 a day; it escalates to $60 per day for up to 15 days and after that the daily fine is $100. The maximum penalty is $5,000.

The office, however, waived the penalty for 51 of the 97 candidates who were late in submitting their reports. These fines ranged up to $1,475.

Susan Morandi, deputy secretary of state in charge of elections, said the law permits the office to forgive the penalties for "good cause," but that isn't defined.

The purpose of the law, she said, is to get the candidates to submit their reports to either her office or the county clerk's office. She said the goal of the law is accomplished if the candidates file their forms, even though they are late.

The majority of those who were forgiven penalties, Morandi said, were candidates for general improvement districts, hospital boards and fire districts.

"They are not getting paid (salary). They never took any contributions and didn't have any expenses except for filing their candidacies," Morandi said. "A lot are elderly and don't understand the reporting requirements."

Those who were forgiven submitted letters with their excuses. And most of those whose penalty was waived live in rural Nevada.

Among those granted clem-ency by Morandi were Jill Talbot Derby, who won her third term on the Board of Regents. She had been assessed $175. Also granted clemency was Joshua Hansen, a candidate for the Clark County Commission who had been fined $1,475. Hansen filed his statement late and under protest, said Morandi. A $1,475 fine also was waived for Britt L. Merson, a candidate for the state Senate in Las Vegas.

Enforcement of this law has been spotty. It says that if a candidate doesn't pay a fine, it should be turned over to the attorney general's office, which has the authority to file a civil suit to seek up to a $5,000 fine.

Senior Deputy Attorney General Kateri Cavin, who represents the secretary of state's office, said she has never filed suit. Two years ago, Marion Bennett, a candidate for Assembly District 7, was notified he had to pay a fine because he was late in filing. He never paid, and no action was taken against him.

In the first reporting period this year, Bennett was late in filing his disclosure statement, and he was penalized $75, which hasn't been paid. Letters to his address in Las Vegas are unclaimed.

Morandi's office is still pursuing collection of fines of up to $5,000 against those who didn't file their first report. These include Byron Goynes, a candidate for the Assembly in Las Vegas; Juana Jordan, who ran for the regents board in Las Vegas, Victor Miller, a candidate for justice of the peace in Boulder City and Phillips, who was defeated in his bid for a second term on the Board of Regents.

Assemblyman Wendell Wil-liams, D-Las Vegas, also owes $1,775 for filing his first campaign report late. Lou Toomin, a candidate for the state Senate in Clark County, is delinquent in paying a $50 fine; Judy Lynn, a candidate for the Assembly in Clark County, hasn't paid her $100 penalty and Jeff White, a candidate for the Clark County Commission hasn't sent in his $50 fine.

The individuals have been sent at least two letters notifying them of their delinquency.

Morandi said she intends to get the names of all the errant candidates who didn't file their first, second and third reports on time. At that time, she will submit the full list to the attorney general's office for possible action. That should be in the next month or two.

Cavin said she intends to write these candidates another letter. "We give them an opportunity to explain or to pay the fine," she said. "Usually we get a good response. Most of them are cleared up with the follow-up letter from us."