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Regular Session, 2010
SENATE BILL NO. 333
BY SENATOR HEBERT
CAMPAIGN FINANCE. Limits the amount of money spent on election campaigns.
(1/31/12)
AN ACT1
To amend and reenact R.S. 18:1483(3)(a) and 1505.2(I)(1), and to enact R.S.2
18:1505.2(I)(6), relative to campaign finance; to provide with regard to campaign3
contributions to candidates for certain elective offices; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:1483(3)(a) and 1505.2(I)(1) are hereby amended and reenacted,7
and R.S. 18:1505.2(I)(6) is hereby enacted, to read as follows: 8
§1483. Definitions9
As used in this Chapter, the following terms shall have the meanings herein10
given to each unless the context clearly indicates otherwise:11
* * *12
(3)(a) "Candidate" means a person who seeks nomination or election to13
public office, except the office of president or vice president of the United States,14
presidential elector, delegate to a political party convention, United States senator,15
United States congressman, or political party office; except that for purposes of16
R.S. 18:1505.2(I)(6), "candidate" shall also mean a person who seeks17 SB NO. 333
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nomination or election to the office of United States senator or United States1
congressman. An individual shall be deemed to seek nomination or election to such2
office if he has:3
(i) Since prior participation in an election, if any, received and accepted a4
contribution or made an expenditure, or has given his consent for any other person5
or committee to receive a contribution or make an expenditure with a view to6
influencing his nomination or election to office whether or not the specific public7
office for which he will be a candidate is known at the time the contribution is8
received or the expenditure is made, or9
(ii) Taken the action necessary under the laws of the state of Louisiana to10
qualify himself for nomination or election to public office.11
* * *12
§1505.2. Contributions; expenditures; certain prohibitions and limitations13
* * *14
I.(1) On and after January 1, 1991, contributions Contributions received by15
a candidate or a political committee may be expended for any lawful purpose, but16
such funds shall not be used, loaned, or pledged by any person for any personal use17
unrelated to a political campaign or the holding of a public office or party position;18
or, in the case of a political committee, other than a candidate's principal campaign19
committee or subsidiary committee, the administrative costs or operating expenses20
of the political committee;, except that:21
(a) excess Excess campaign funds may be returned to contributors on a pro22
rata basis, given as a charitable contribution as provided in 26 USC 170(c), given to23
a charitable organization as defined in 26 USC 501(c)(3), expended in support of or24
in opposition to a proposition, political party, or candidacy of any person, or25
maintained in a segregated fund for use in future political campaigns or activity26
related to preparing for future candidacy to elective office.27
However, the (b) The use of campaign funds of a candidate or his principal28
or subsidiary committees to reimburse a candidate for expenses related to his29 SB NO. 333
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political campaign or his holding of a public office or party position shall not be1
considered personal use by the candidate.2
(c) If a candidate is required by state or federal law to pay taxes on the3
interest earned by campaign funds of the candidate or any political committee of the4
candidate, the candidate may use the interest on which such tax is paid for such5
purpose.6
(d) A payment from campaign funds shall not be considered as having been7
spent for personal use when the funds are used to replace articles lost, stolen, or8
damaged in connection with the campaign.9
* * *10
(6) Excess contributions. (a) Fifty percent of all campaign contributions11
from whatever source received by a candidate for the following offices that are12
in excess of the following amounts shall be equally distributed among all other13
candidates qualified in the election:14
(i) Governor - one million dollars15
(ii) United States senator - one million dollars16
(iii) Major office, other than governor - five hundred thousand dollars17
(iv) United States congressman - five hundred thousand dollars18
(v) State senator - one hundred fifty thousand dollars19
(vi) State representative - fifty thousand dollars20
(b) The excess contributions provided for in Subparagraph (a) of this21
Paragraph shall be tendered by the candidate or the candidate's principal22
campaign committee to the Supervisory Committee on Campaign Finance23
within ten calendar days of receipt or within three calendar days of the election,24
whichever is sooner. The supervisory committee shall immediately upon receipt25
deposit such funds into a special account designated for that purpose, out of26
which shall be drawn funds for equal distribution among the other qualified27
candidates in the election. Such funds are to be tendered by the supervisory28
committee to the other candidates within three days of deposit into the account29 SB NO. 333
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designated for that purpose by the supervisory committee.1
(c) For purposes of this Paragraph, "equally" and "equal" shall mean2
as equal as practicable under all circumstances in the discretion of the3
supervisory committee.4
* * *5
Section 2. This Act shall become effective on January 31, 2012; if vetoed by the6
governor and subsequently approved by the legislature, this Act shall become effective on7
January 31, 2012, or on the day following such approval by the legislature, whichever is8
later.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law relative to campaign finance defines "candidate" as a person who seeks
nomination or election to public office, except the office of president or vice president of the
United States, presidential elector, delegate to a political party convention, United States
senator, United States congressman, or political party office.
Proposed law retains the definition in present law, and further provides that for purposes of
proposed law, "candidate" also means a person who seeks nomination or election to the
office of United States senator and United States congressman.
Proposed law provides that 50% of all campaign contributions from whatever source
received by a candidate for the following offices that are in excess of the following amounts
are to be equally distributed among all other candidates qualified in the election:
1. Governor - $1,000,000
2. United States senator - $1,000,000
3. Major office, other than governor - $500,000
4. United States congressman - $500,000
5. State senator - $150,000
6. State representative - $50,000
Proposed law further provides that the excess contributions provided for by proposed law
are to be tendered by the candidate or the candidate's principal campaign committee to the
Supervisory Committee on Campaign Finance (the Board of Ethics) within 10 calendar days
of receipt or within three calendar days of the election, whichever is sooner.
Proposed law provides that the supervisory committee is to immediately upon receipt deposit
such funds into a special account designated for that purpose, out of which will be drawn
funds for equal distribution among the other qualified candidates in the election. SB NO. 333
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Proposed law provides that such funds are to be tendered by the supervisory committee to
the other candidates within three days of deposit into the account designated for that purpose
by the supervisory committee.
Proposed law provides that for purposes of proposed law, "equally" and "equal" mean as
equal as practicable under all circumstances in the discretion of the supervisory committee.
Effective January 31, 2012.
(Amends R.S. 18:1483(3)(a) and 1505.2(I)(1); adds R.S. 18:1505.2(I)(6))