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Regular Session, 2011
HOUSE BILL NO. 643 (Substitute for House Bill No. 558 by Representative Johnson)
BY REPRESENTATIVE JOHNSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CAMPAIGN FINANCE: Provides for certain campaign finance provisions relative to
filing, reporting, and limitations applicable to a deceased candidate under certain
circumstances
AN ACT1
To enact Part VIII of Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 18:1551 through 1555, relative to campaign finance; to provide3
certain special provisions applicable under certain specific circumstances when a4
candidate is deceased; to provide relative to contribution limitations under certain5
circumstances; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part VIII of Chapter 11 of Title 18 of the Louisiana Revised Statutes of8
1950, comprised of R.S. 18:1551 through 1555, is hereby enacted to read as follows:9
PART VIII. SPECIAL PROVISIONS FOR DECEASED10
CANDIDATES WITH DEFICITS11
§1551. Exception12
Notwithstanding any contrary provision of this Chapter, the provisions of this13
Part shall apply to circumstances existing when a candidate dies leaving a deficit14
which would have otherwise required reports to be filed if the candidate were not15
deceased.16
§1552. Persons authorized to file reports17
A. If the provisions of this Part are utilized, the personal representative of18
the estate of the deceased candidate shall be responsible for filing the required19
reports. The personal representative of the deceased candidate shall send notice to20 HLS 11RS-1583 REENGROSSED
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the supervisory committee of his intent to utilize the provisions of this Part to resolve1
the deficit of the deceased candidate.2
B. For purposes of this Part, "personal representative" shall have the same3
meaning as provided in R.S. 9:2260.1.4
§1553. Reports; contents; due dates5
The reports shall be filed at the same time, shall contain the same6
information, and shall be certified correct in the same manner as reports required by7
this Chapter for candidates with deficits.8
§1554. Contribution limitations9
A. Notwithstanding the provisions of R.S. 18:1505.2(H), the contribution10
limit for contributions to a deceased candidate who has a deficit, or the principal11
campaign committee of such a deceased candidate, shall be ten thousand dollars per12
calendar year until there is no deficit.13
B. Any contributions received in excess of the deficit shall be returned to the14
contributors on a pro rata basis.15
§1555. Penalties16
A. The penalty provisions of Part V of this Chapter shall not be applicable17
to violations of this Part.18
B. If a violation of this Part occurs, the supervisory committee shall notify19
the personal representative of the deceased candidate that each contribution received20
after the violation shall be returned to the contributor and that no further21
contributions, except contributions from a family member of the deceased candidate,22
may be solicited or received to resolve the deficit. For purposes of this Subsection,23
"family member" shall mean the spouse of the deceased, children of the deceased24
and their spouses, parents of the deceased, parents of the spouse of the deceased,25
grandparents of the deceased, siblings of the deceased and their spouses, and siblings26
of the parents of the deceased and their spouses.27 HLS 11RS-1583 REENGROSSED
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Johnson HB No. 643
Abstract: Provides for special provisions applicable when the candidate is deceased and
has a deficit, including providing that the contribution limitation applicable to
contributions for deceased candidates who have a debt is $10,000 under certain
circumstances.
Present law requires the filing of campaign finance disclosure reports for candidates and
political committees at certain specified times. Present law generally provides that if the
final report of a candidate for an election shows a deficit or a surplus, the candidate and his
treasurer, if any, shall file an annual supplemental report with the Supervisory Committee
on Campaign Finance Disclosure (supervisory committee) of all the information required
by present law each year no later than Feb. 15, complete through the preceding Dec. 31, until
a report has been filed showing no deficit and until any surplus campaign funds have been
disposed of in accordance with present law.
Present law provides for certain limitations on campaign contributions: $1,000 per election
for other office candidates, $2,500 per election for district office candidates, and $5,000 per
election for major office candidates, but provides that certain specified PACs may give up
to $2,000 per election for other office candidates, $5,000 per election for district office
candidates, and $10,000 per election for major office candidates; with PAC contributions
subject to the aggregate PAC contribution limitation on the election cycle of $20,000 for
other office candidates, $60,000 for district office candidates, and $80,000 for major office
candidates.
Proposed law provides that notwithstanding any contrary provision of the Campaign Finance
Disclosure Act, when a candidate dies leaving a deficit which would otherwise require
reports to be filed if the candidate were not deceased and the personal representative of the
deceased candidate sends notice to the supervisory committee of his intent to utilize the
provisions of proposed law to resolve the deficit of the deceased candidate, the following
special provisions are applicable:
(1)The personal representative of the estate of the deceased candidate shall be
responsible for filing the required reports. Proposed law specifies that "personal
representative" shall have the same meaning as provided in present law (R.S.
9:2260.1) which defines "personal representative" as an executor, administrator, or
representative of a decedent's estate, a person legally authorized to perform
substantially the same functions, or a successor to any of them.
(2)The reports shall be filed at the same time, shall contain the same information, and
shall be certified correct in the same manner as reports required by present law for
candidates with deficits.
(3)The contribution limit for contributions to a deceased candidate who has a deficit,
or the principal campaign committee of such a deceased candidate, shall be $10,000
per calendar year until there is no deficit. Any contributions received in excess of the
deficit shall be returned to the contributors on a pro rata basis.
(4)The penalty provisions, including late fees, civil penalties, and criminal penalties, in
present law shall not be applicable to violations of proposed law. However, if a
violation of proposed law occurs, the supervisory committee shall notify the personal HLS 11RS-1583 REENGROSSED
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representative of the deceased candidate that each contribution received after the
violation shall be returned to the contributor and that no further contributions, except
contributions from a family member of the deceased candidate, may be solicited or
received to resolve the deficit. Defines "family member" as the spouse of the
deceased, children of the deceased and their spouses, parents of the deceased, parents
of the spouse of the deceased, grandparents of the deceased, siblings of the deceased
and their spouses, and siblings of the parents of the deceased and their spouses.
(Adds R.S. 18:1551-1555)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Removes proposed general provision that would have specified that if a
candidate dies and reports are required relative to a campaign of the deceased
candidate pursuant to the Campaign Finance Disclosure Act, the personal
representative of the estate of the deceased candidate is responsible for filing any
required reports.