Louisiana Board of Ethics objects to candidates’ qualifications
Published 12:06 am Saturday, August 25, 2012
FERRIDAY — Two local candidates will appear before a judge Monday regarding unpaid campaign finance fees that could prohibit them for running in a November election.
The Louisiana Board of Ethics submitted petitions Friday objecting the candidacies of Elijah “Stepper” Banks and Justin Conner.
Banks, an incumbent, recently qualified for Ferriday alderman district B and Conner for justice of the peace District 1.
Both objections state that the candidates falsely certified their notice of candidacy by signing their qualification form stating they did not owe any outstanding fines, fees or penalties pursuant to the campaign finance disclosure act.
The petition against Banks states that Banks owes $462.85 in fines, court costs and interest dating back to an October 2000 election in which Banks ran against Conner for justice of the peace district 1.
Banks received 236 votes, or 47 percent, and lost the 2000 election to Conner, who received 269 votes, or 53 percent.
In that 2000 election, Banks failed to file an Election Day expenditure for the primary election campaign finance disclosure report by the deadline and was ordered to pay a $360 late fee, the petition states.
On April 10, 2002, the board received a payment of $80 from Banks, but a $280 balance remained unpaid.
Judge Curtis Calloway of the 19th Judicial District Court in East Baton Rouge Parish issued a judgment in 2007 against Banks for the failure to timely file a required campaign finance disclosure report.
The petition states that Banks “presented certified documents which were falsely sworn, and therefore, is prohibited by law from becoming a candidate for the office of alderman, district B, Town of Ferriday.”
Banks said Friday that a check with the remaining balance of his fines was put in the mail Thursday and sent to the board.
“When I got the petition, the money was already sent off,” Banks said. “I’m going to call them (today) and tell them I already paid the fine.”
Banks said he was not aware the fine had to be paid before he signed the qualifying form.
The petition against Conner states that Conner owes $2,116.87 in fines, court costs and interest dating back to an October 2007 election in which Conner ran against Clyde Ray Webber for clerk of court.
Conner received 1,701 votes, or 24 percent, and lost the 2007 election to Webber, who received 5,352 votes, or 76 percent.
In that 2007 election, Conner failed to file a 30th day prior to the primary election campaign finance disclosure report, a 10th day prior to the primary election campaign finance disclosure report and an Election Day expenditure for the primary election campaign finance disclosure report and was ordered to pay a $1,560 late fee, the petition states.
In an Oct. 18, 2007, article in The Natchez Democrat, Conner said he did not file a report because he was financing his campaign out of pocket.
“I haven’t put out any signs or printed any push cards,” he said in the article. “I’m just doing it by word of mouth.”
Alainna Giacone, communications director at the Louisiana Board of Ethics, said that candidates running for any district-wide office, such as clerk of court, must file campaign finance reports.
Positions such as justice of the peace are considered “other office” elections and do not require campaign finance reports from candidates, Giacone said.
Conner said on Friday that he did not receive the petition until late in the afternoon and was not completely clear of what it was alleging.
“They served me the notice late in the day thinking I wouldn’t have any alternative, but to show up on Monday without contesting,” Conner said. “I have no knowledge of receiving any notifications prior to this one.”
Conner said he also questioned the timing of the petition saying that he had run for offices several times since the 2007 election — most recently for mayor of Ferriday — and didn’t receive any notices during those elections.
Giacone said the board can’t move forward with any court proceedings until a judgment is issued.
“We did not get a judgment until November 2011, so if Mr. Conner qualified before that, we couldn’t take any action,” Giacone said.
Both candidates are scheduled to appear in front of Seventh Judicial Court Judge Leo Boothe at 10 a.m. Monday.
Giacone said Aneatra Boykin, the board’s attorney, will preside over the case and will recommend to Boothe on Monday that both candidates be disqualified from the election.
Conner said he will file a motion asking Boothe to recuse himself from the hearing because of previous court proceedings between the two.
“I don’t think the hearings will be able to proceed because of the conflict that I’ve had with Judge Boothe,” Conner said. “Our first line of business is to file a recusal.”