ENROLLED
ACT No. 161
2020 Regular Session
HOUSE BILL NO. 784
BY REPRESENTATIVE MCCORMICK
1 AN ACT
2 To amend and reenact R.S. 18:1491.5(B)(2), 1491.7(B)(5), 1495.3(B)(2), 1495.5(B)(5),
3 1505.2(C)(2), and 1505.3(C), relative to the Campaign Finance Disclosure Act; to
4 provide for the method of reporting certain campaign contributions; to change certain
5 record-keeping requirements; to provide for civil and criminal penalties; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 18:1491.5(B)(2), 1491.7(B)(5), 1495.3(B)(2), 1495.5(B)(5),
9 1505.2(C)(2), and 1505.3(C) are hereby amended and reenacted to read as follows:
10 §1491.5. Maintenance of records; valuation of in-kind contributions and
11 expenditures
12 * * *
13 B.
14 * * *
15 (2) Payments made to purchase raffle tickets, campaign paraphernalia, such
16 as campaign pins, buttons, badges, flags, emblems, hats, shirts, banners, literature,
17 and similar items, other than expenditures made by a political committee for its own
18 paraphernalia, and payments for tickets to testimonials and similar fundraising events
19 are contributions, and records thereof shall be maintained, provided that:
20 (a) In the case of any single transaction involving the sale of raffle tickets or
21 of items such as campaign pins, buttons, badges, flags, emblems, hats, banners,
22 literature, and similar material which is for an amount not in excess of twenty-five
23 dollars and the proceeds of which are received and deposited by a political
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1 committee, no record need be kept by the campaign treasurer for such recipient
2 committee, except the total amount received and deposited from such sale and the
3 fact that such amount was received from such sale.
4 (b) No person shall sell or buy raffle tickets or campaign paraphernalia in
5 successive single transactions for amounts below those for which specific records are
6 required by this Paragraph as a subterfuge to avoid requirements of this Part that
7 names and addresses of contributors and dates and amounts of contributions be
8 recorded, aggregated, and reported. Such transactions shall be considered single
9 transactions and shall be recorded and reported as provided in this Part. Any person
10 who violates the provisions of this Section shall be subject to the penalties provided
11 in R.S. 18:1505.4, R.S. 18:1505.5, and R.S. 18:1505.6.
12 * * *
13 §1491.7. Reports; contents
14 * * *
15 B. Each report required to be in conformity with this Section shall contain
16 the following information:
17 * * *
18 (5)(a) The gross proceeds received and accepted by the political committee
19 during the reporting period from the sale of items such as political campaign pins,
20 buttons, badges, flags, emblems, hats, banners, literature, and similar materials.
21 Purchases of such campaign items and materials from the committee which are made
22 by the same person and are of such amount as to be reportable, either singly or in the
23 aggregate, under as provided in Paragraph (4) hereof of this Subsection, shall be so
24 reported; however, single transactions to purchase such campaign items or materials
25 which are for not in excess of twenty-five dollars must be reported only in the report
26 of gross proceeds and shall not be required to be reported as provided in Paragraph
27 (4) of this Subsection.
28 (b) The gross proceeds received and accepted by the political committee
29 during the reporting period from the sale of raffle tickets. Purchases of raffle tickets
30 that are made by the same person and are of such amount as to be reportable, either
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1 singly or in the aggregate, as required in Paragraph (4) of this Subsection, shall be
2 so reported; however, single transactions to purchase raffle tickets which are not in
3 excess of twenty-five dollars must be reported only in the report of gross proceeds
4 and shall not be required to be reported as provided in Paragraph (4) of this
5 Subsection.
6 * * *
7 §1495.3. Maintenance of records; valuation of in-kind contributions and
8 expenditures
9 * * *
10 B.
11 * * *
12 (2) Payments made to purchase raffle tickets, campaign paraphernalia, such
13 as campaign pins, buttons, badges, flags, emblems, hats, shirts, banners, literature,
14 and similar items, other than expenditures made by a candidate for his own
15 paraphernalia, and payments for tickets to testimonials and similar fundraising events
16 are contributions, and records thereof shall be maintained, provided that:
17 (a) In the case of any single transaction involving the sale of raffle tickets or
18 of items such as campaign pins, buttons, badges, flags, emblems, hats, banners,
19 literature, and similar material which is for an amount not in excess of twenty-five
20 dollars and the proceeds of which are received and deposited by a candidate, no
21 record need be kept by the campaign treasurer for such recipient candidate, except
22 the total amount received and deposited from such sale and the fact that such amount
23 was received from such sale.
24 (b) No person shall sell or buy raffle tickets or campaign paraphernalia in
25 successive single transactions for amounts below those for which specific records are
26 required by this Paragraph as a subterfuge to avoid requirements of this Part that
27 names and addresses of contributors and dates and amounts of contributions be
28 recorded, aggregated, and reported. Such transactions shall be considered single
29 transactions and shall be recorded and reported as provided in this Part. Any person
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1 who violates the provisions of this Section shall be subject to the penalties provided
2 in R.S. 18:1505.4, R.S. 18:1505.5, and R.S. 18:1505.6.
3 * * *
4 §1495.5. Reports; contents
5 * * *
6 B. Each report required to be in conformity with this Section shall contain
7 the following information:
8 * * *
9 (5)(a) The gross proceeds received and accepted by the candidate during the
10 reporting period from the sale of items such as political campaign pins, buttons,
11 badges, flags, emblems, hats, banners, literature, and similar materials. Purchases
12 of such campaign items and materials which are made by the same person and which
13 are of such amount as to be reportable, either singly or in the aggregate, under as
14 required in Paragraph (4) hereof of this Subsection, shall be so reported; however,
15 single transactions to purchase such campaign items or materials which are for not
16 in excess of twenty-five dollars must be reported only in the report of gross proceeds
17 and shall not be required to be reported as required provided in Paragraph (4) of this
18 Subsection.
19 (b) The gross proceeds received and accepted by the candidate during the
20 reporting period from the sale of raffle tickets. Purchases of raffle tickets that are
21 made by the same person and are of such amount as to be reportable, either singly
22 or in the aggregate, as provided in Paragraph (4) of this Subsection, shall be so
23 reported; however, single transactions to purchase raffle tickets which are not in
24 excess of twenty-five dollars must be reported only in the report of gross proceeds
25 and shall not be required to be reported as provided in Paragraph (4) of this
26 Subsection.
27 * * *
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1 §1505.2. Contributions; expenditures; certain prohibitions and limitations
2 * * *
3 C.
4 * * *
5 (2) Upon receipt of a cash contribution of one hundred dollars or less, the
6 candidate or committee receiving the contribution shall provide to the contributor a
7 receipt for the exact amount of the contribution; such receipt shall contain the name,
8 and address, and social security number of the contributor, shall be signed by the
9 contributor, and the candidate or committee receiving the contribution shall retain
10 a copy of the receipt. If the contributor refuses to furnish his name, or address, or
11 social security number or refuses to sign the receipt, the contribution shall be
12 immediately returned to said contributor. If the contributor is unable to write, he
13 shall affix his mark to the receipt, and the person receiving the contribution shall
14 affix the name of the incapacitated person to the receipt, provided he does so in the
15 presence of a witness who shall also sign his name as witness to the mark. The copy
16 of the receipt retained by the candidate or committee provided for in this Subsection
17 shall be available to the supervisory committee for inspection. The supervisory
18 committee shall promulgate rules and regulations relative to the receipt required by
19 this Subsection.
20 * * *
21 §1505.3. Subterfuge to avoid compliance with Chapter
22 * * *
23 C. As more specifically provided in R.S. 18:1491.5(B)(2)(b) and R.S.
24 18:1495.3(B)(2)(b), no person shall sell or buy raffle tickets or campaign
25 paraphernalia in successive single transactions for amounts below those for which
26 specific records are required as a subterfuge to avoid the requirements of this
27 Chapter. Any person who violates the provisions of said Paragraphs shall be subject
28 to the penalties provided in R.S. 18:1505.4, R.S. 18:1505.5, and R.S. 18:1505.6.
29 * * *
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1 Section 2.(A) Any changes to campaign finance disclosure forms as a result of the
2 provisions of this Act shall become effective after February 17, 2021.
3 (B) This Act shall become effective on January 1, 2021.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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