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2025 Regular Session
HOUSE BILL NO. 596
BY REPRESENTATIVES WRIGHT AND BEAULLIEU
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CAMPAIGN FINANCE: Provides for revisions to the Campaign Finance Disclosure Act
1 AN ACT
2To amend and reenact R.S. 18:1482, 1483(2)(a), (4), (6)(b), (8), (9)(b)(ii), (c), (d)(ii) and
3 (iii), 15(a), (b)(ii), and (c), (16), (17)(a)(i) through (iii), (22), 1484(2)(a) and (b), the
4 heading of 1486, 1486(A), (B), and (C)(2)(introductory paragraph), the title of Part
5 II of Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the heading
6 of 1491.1, 1491.1(A), (B)(5)(d), (D), and (F), 1491.2, 1491.3(A), 1491.4, 1491.5(A),
7 (B), (E), (I), and (J), 1491.6(A), (B)(introductory paragraph), (C)(introductory
8 paragraph), (1)(a), and (2), (D), (E), (G), and (I), 1491.7(A), (B)(4)(a) and (b), and
9 (5) through (8), (10), (13), (14), (18), and (22), and (C), 1491.8, 1495.3(B)(2)(a),
10 1495.4(C)(1)(a) and (2) and (D)(3)(a), 1495.5(B)(5)(a) and (b), and (9), 1495.6,
11 1501.1(A), (B), and (C)(introductory paragraph), 1505.2(A)(1), (B), (C), (D)(3)(b)(i)
12 and (c), (4), and (5), (F), (G), (H)(1)(b) and (c), (2)(a)(introductory paragraph),
13 (b)(introductory paragraph), (c), (e) through (g), (3)(a)(i), (iii) through (vii), and (b)
14 through (d), (I)(5)(a), (b)(ii), and (c), (6), and (7), (J)(2), (K), (L)(2) and (4), (M)(2),
15 (O)(1), (P), (Q)(1), (2), and (3)(a)(i), and (R)(2) and (3)(a)(i), 1505.3(B), (D)(1)(a),
16 (2)(a)(i), (b), and (ii), 1505.4(A)(1), (2)(a)(i) through (v), and (3) and (B), 1505.5(B),
17 and (C)(1), 1505.6(A) through (C), 1511.2(B), 1511.3(B), 1511.4(A)(2)(h), (C)(1)
18 and (2)(introductory paragraph), and (D), 1511.4.1(C)(3), 1511.5(A)(1) and (B), to
19 enact R.S. 18:1483(6)(a)(introductory paragraph), (i) through (iv), and (b)(v),
20 (9)(a)(introductory paragraph), (i) through (v), (d)(v), (12)(introductory paragraph)
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1 and (a) through (c), 15(b)(iii) and (iv), (17)(b)(i) and (ii), and (25) through (31),
2 1491.6.1, 1491.9, 1505.2(I)(1)(a) through (i), (M)(1)(introductory paragraph) and (a)
3 through (e), (3)(introductory paragraph), (d) through (f), and (4), 1511.2(D) and (E),
4 1511.4(A)(2)(h)(i)(aa) through (dd), 1511.4(C)(2)(f) and (3), 1511.4.1(E), 1511.4.2,
5 1511.5(A)(1)(a) and (b)(i) through (iii), and to repeal R.S. 18:1483(15)(d),
6 1486(C)(1) and (2)(d), relative to the revision of the system of laws related to
7 election campaign finance; to provide for the Campaign Finance Disclosure Act; to
8 establish leadership committees and provide authorizations and restrictions related
9 thereto; to provide for the many various duties and requirements of committees
10 including political committees, principal campaign committees, subsidiary
11 committees, independent expenditure only committees, and leadership committees;
12 to provide for contributions; to provide for contribution limits; to provide for
13 contributions made to or by a political party; to provide for expenditures; to provide
14 for limitations on expenditures; to provide for reporting requirements; to provide for
15 contributions, expenditures, and reporting related to closed party primary elections;
16 to provide for joint fundraising efforts and agreements; to provide for foreign
17 nationals; to provide for powers and duties of the supervisory committee on
18 campaign finance; to provide for investigations conducted by and penalties issued
19 by the supervisory committee on campaign finance; to provide for subpoenas; to
20 provide for the rights of the subject of an investigation; to repeal provisions related
21 to the regulation of contributions and expenditures related to proposition elections;
22 to provide for loans; to provide for coordinated expenditures; to provide for excess
23 contributions; to provide for definitions and terminology; and to provide for related
24 matters.
25Be it enacted by the Legislature of Louisiana:
26 Section 1. R.S. 18:1482, 1483(2)(a), (4), (6)(b), (9)(b)(ii), (c), (d)(ii) and (iii), 15(a),
27(b)(ii), and (c), (16), (17)(a)(i) through (iii), (22), 1484(2)(a) and (b), the heading of 1486,
281486(A), (B), and (C)(2)(introductory paragraph), the title of Part II of Chapter 11 of Title
2918 of the Louisiana Revised Statutes of 1950, the heading of 1491.1, 1491.1(A), (B)(5)(d),
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1(D), and (F), 1491.2, 1491.3(A), 1491.4, 1491.5(A), (B), (E), (I), and (J), 1491.6(A),
2(B)(introductory paragraph), (1)(a), and (2), (D), (E), (G), and (I), 1491.7(A), (B)(4)(a) and
3(b), and (5) through (8), (10), (13), (14), (18), and (22), and (C), 1491.8, 1495.3(B)(2)(a),
41495.4(C)(1)(a) and (2) and (D)(3)(a), 1495.5(B)(5)(a) and (b), and (9), 1495.6, 1501.1(A)
5and (B), and (C)(introductory paragraph), 1505.2(A)(1), (B), (C), (D)(3)(b)(i) and (c), (4),
6and (5), (F), (G), (H)(1)(b), (2)(a)(introductory paragraph), (b)(introductory paragraph), (c),
7(3)(a)(i), and (b) through (d), (I)(5)(a), (b)(ii), and (c), (6), and (7), (J)(2), (K), (L)(2) and (4),
8(M)(2), (O)(1), (P), (Q)(1), (2), and (3)(a)(i), and (R)(2) and (3)(a)(i), 1505.3(B), (D)(1)(a),
9(2)(a)(i), (b), and (ii), 1505.4(A)(1), (2)(a)(i) through (v), and (3) and (B), 1505.5(B), and
10(C)(1), 1505.6(A) through (C), 1511.2(B), 1511.3(B), 1511.4(A)(2)(h), (C)(1) and
11(2)(introductory paragraph), and (D), 1511.4.1(C)(3), 1511.5(A)(1) and (B) are hereby
12amended and reenacted and R.S. 18:1483(6)(a)(introductory paragraph), (i) through (iv), and
13(b)(v), (9)(a)(introductory paragraph), (i) through (v), (d)(v), (12)(introductory paragraph)
14and (a) through (c), 15(b)(iii) and (iv), (17)(b)(i) and (ii), and (25) through (31), 1491.6.1,
151491.9, 1505.2(I)(1)(a) through (i), (M)(1)(introductory paragraph) and (a) through (e),
16(3)(introductory paragraph), (d) through (f), and (4), 1511.2(D) and (E),
171511.4(A)(2)(h)(i)(aa) through (dd), 1511.4(C)(2)(f) and (3), 1511.4.1(E), 1511.4.2,
181511.5(A)(1)(a) and (b)(i) through (iii) are hereby enacted to read as follows:
19 §1482. Statement of purpose
20 A. The legislature recognizes that the Constitution of the United States and
21 the Constitution of Louisiana protect political speech, especially speech related to
22 elections; that the financing of campaigns facilitates constitutionally protected
23 political speech; that the legislature may regulate the financing of campaigns to
24 prevent the occurrence and appearance of political corruption and to promote
25 transparency; that the effectiveness of representative government is dependent upon
26 a knowledgeable electorate and the confidence of the electorate in their elected
27 public officials. The legislature, therefore, enacts this Chapter to provide public
28 disclosure of the financing of election campaigns and to regulate certain campaign
29 practices.
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1 B. The legislature further recognizes that the provisions of this Chapter are
2 penal in nature, and that, in the interest of respecting the constitutional rights of free
3 speech and due process, that the regulation of campaign finance established in this
4 Chapter shall be interpreted narrowly, strictly, and any ambiguity in favor of any
5 person accused of any violation of any provision of this Chapter, and that no
6 deference shall be afforded in interpretation of this Chapter by any agency enforcing
7 this Chapter, including the supervisory committee on campaign finance.
8 §1483. Definitions
9 As used in this Chapter, the following terms shall have the meanings given
10 to each in this Section unless the context clearly indicates otherwise:
11 * * *
12 (2) "Aggregating period" means:
13 (a) For a political committee, except a political committee which supports
14 only one candidate, the period from January first of the calendar year through
15 December thirty-first of the same calendar year.
16 * * *
17 (4) "Chairman" means the principal executive officer of a political committee
18 regardless of his title.
19 * * *
20 (6)(a) "Contribution", except as otherwise provided in this Chapter, means
21 a gift, conveyance, payment, or deposit of money or anything of value, or the
22 forgiveness of a loan or of a debt, made to any of the following:
23 (i) A committee or subsidiary committee.
24 (ii) A candidate for the purpose of supporting, opposing, or otherwise
25 influencing the nomination or election of a person the candidate to public office,
26 whether made before or after the election.
27 (iii) Any person for the purpose of supporting, opposing, or otherwise
28 influencing the nomination or election of a person to public office, whether made
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1 before or after the election. for the purpose of supporting or opposing a proposition
2 or question submitted to the voters, or
3 (iv) Any person for the purpose of supporting or opposing the recall of a
4 public officer, whether made before or after the election.
5 (b) "Contribution" shall also include, without limitation:
6 (i) Contributions in-kind made to a committee for any of the purposes stated
7 in this Paragraph, having an attributable monetary value in excess of twenty-five
8 fifty dollars. Contributions in-kind shall include without limitation: the donation by
9 any person, other than a candidate or a political committee, of the services of paid
10 employees, the value of which services exceeds twenty-five fifty dollars, such value
11 to be the amount paid for such services; the donation of, or the donation of the right
12 to use, any item of tangible property when the same is used or consumed and not
13 exchanged or converted to cash or the equivalent of cash and when the accepting
14 candidate, the chairman of the accepting political committee, or accepting person
15 required to file reports under this Chapter and the campaign treasurer of such
16 recipient, if any, determines that its value or the use value, when only the right of use
17 is given, exceeds twenty-five fifty dollars and such determination shall be prima
18 facie evidence of the correctness of the valuation of the item or of the use value when
19 applicable. In addition, successive donations made by the same person, which
20 donations individually are valued below twenty-five fifty dollars but which together
21 exceed such amount, shall be deemed to be in-kind contributions and shall be
22 aggregated for purposes of the requirements of this Chapter.
23 (ii) Contributions shall also include expenditures Expenditures made by any
24 person in cooperation, consultation, or concert, with, or at the request or suggestion
25 of, a candidate, his authorized political committees, or their agents for the purpose
26 of supporting, opposing, or otherwise influencing the nomination or election of the
27 candidate and shall be considered to be a contribution to such candidate.
28 (ii) (iii) A promissory note or written contract to make a contribution as
29 defined above.
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1 (iii) (iv) A payment to purchase campaign paraphernalia, such as campaign
2 pins, buttons, badges, flags, emblems, hats, shirts, banners, literature, and similar
3 items, other than expenditures made by a candidate or political committee to
4 purchase its own paraphernalia.
5 (iv) (v) A payment for tickets to a testimonial or similar fund-raising event.
6 * * *
7 (8) "Election" means any primary, general, special election, or other election
8 held pursuant to the laws of this state or a parish or municipal charter or ordinance
9 or a court order, to choose a public officer or nominee. For purposes of the reporting
10 requirements for the support or opposition of a proposition or question submitted to
11 the voters, "election" shall also mean any primary, general, or special election,
12 except local option elections held pursuant to the provisions of Chapter 3 of Title 26
13 of the Louisiana Revised Statutes of 1950, at which a proposition or question is
14 submitted to the voters in accordance with Chapters 6-A, 6-B, and 6-C of this Code.
15 (9)(a) "Expenditure" means a purchase, payment, advance, deposit, or gift,
16 of money or anything of value made for the purpose of supporting, opposing, or
17 otherwise influencing the nomination or election of a person to public office, for the
18 purpose of supporting or opposing a proposition or question submitted to the voters,
19 or for the purpose of supporting or opposing the recall of a public officer, whether
20 made before or after the election. made by a committee or made by a candidate or
21 any other person for any of the following:
22 (i) Paid advertising disseminated through any federally regulated broadcast
23 media.
24 (ii) Any mass mailing of more than five hundred pieces of identical or
25 substantially similar materials within any thirty day period. or a phone bank of more
26 than five hundred telephone calls of an identical or substantially similar nature
27 within any thirty day period.
28 (iii) Paid digital advertising or publication paid print advertising which does
29 any of the following:
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1 (aa) Contains the name or image of a candidate.
2 (bb) Is made within thirty days before a primary, party primary, or second
3 party primary runoff election or sixty days before any other election in which the
4 candidate will appear on the ballot.
5 (cc) Is targeted to the relevant electorate in the geographic area the candidate
6 would represent if elected.
7 (dd) Contains express advocacy or the only reasonable conclusion to be
8 drawn from the presentation and content of the communication is that is intended to
9 appeal to vote for or against a specific candidate or for or against the recall of a
10 specific elected official.
11 (ee) Entails an expenditure in excess of one thousand dollars.
12 (b) "Expenditure" shall also include:
13 * * *
14 (ii) Expenditures in-kind which have an attributable monetary value in
15 excess of twenty-five fifty dollars, made for any of the purposes stated in this
16 Paragraph. Expenditures in-kind shall include without limitation: the donation by any
17 person, candidate, or political committee of the services of paid employees, the value
18 of which services exceeds twenty-five fifty dollars, such value to be the amount paid
19 for such services; the donation of, or the donation of the right to use, any item of
20 tangible property when the same is used or consumed and not exchanged or
21 converted to cash or the equivalent of cash and when the donating candidate, the
22 chairman of the donating committee, or the donating person required to file reports
23 under this Chapter, and the campaign treasurer of such donor, if any, determines that
24 its value or the use value, when only the right to use is given, exceeds twenty-five
25 fifty dollars and such determination shall be prima facie evidence of the correctness
26 of the valuation of the item or the use value when applicable. In addition, successive
27 donations made to the same person, which donations individually are valued below
28 twenty-five fifty dollars but which together exceed such amount, shall be deemed to
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1 be in-kind expenditures and shall be aggregated for purposes of the requirements of
2 this Chapter.
3 * * *
4 (c) Expenditures made by a public relations firm, an advertising agency, or
5 agent for a candidate, political committee, or other person required to file reports
6 under this Chapter shall be considered expenditures of the candidate, political
7 committee, or such other person, and must be specifically reported as required by
8 this Chapter. Each such firm, agency, or agent, which makes any expenditure for any
9 candidate, political committee, or other person required to file reports under this
10 Chapter, shall timely furnish to such candidate, political committee, or person such
11 information relative thereto as may be required for compliance with this Chapter.
12 * * *
13 (d) "Expenditure" shall not include:
14 * * *
15 (ii) Any communication by any membership organization or business entity
16 to its employees, members, directors, or stockholders, or their family members, if
17 such membership organization or business entity is not organized primarily for the
18 purpose of supporting, opposing, or otherwise influencing the nomination for
19 election, or election, of any person to public office or for the purpose of supporting
20 or opposing a proposition or question to be submitted to the voters. All other
21 expenditures made by such membership organization or business entity which are
22 otherwise reportable under the provisions of this Chapter shall be reported. For
23 purposes of this definition, business entity means any proprietorship, partnership,
24 corporation, or other legal entity, including their subsidiaries.
25 (iii) A transfer of funds between political committees.
26 * * *
27 (v) Any communication disseminated by a church unless the church's
28 expenditures are used to appeal to vote for or against a specific candidate. Nothing
29 in this Chapter shall require a church to disclose the identities, donations, or
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1 contributions of members of the church. As used in this Item, the term "church" is
2 defined in accordance with and recognized by the Internal Revenue Service
3 guidelines and regulations.
4 * * *
5 (12) "Loan" means a transfer of money, property, or anything of value in
6 exchange for an obligation to repay in whole or in part, and made to any of the
7 following:
8 (a) A principal campaign committee, leadership committee, political
9 committee, or an independent expenditure only committee, or any subsidiary
10 committee of such a committee.
11 (b) A candidate made for the purpose of supporting, opposing, or otherwise
12 influencing the nomination for election, or election, of any person the candidate to
13 public office, whether made before or after the election.
14 (c) Any person for the purpose of supporting, opposing, or otherwise
15 influencing the nomination or election of a person to public office, whether made
16 before or after the election; for the purpose of supporting or opposing a proposition
17 or question submitted to the voters, or for the purpose of supporting or opposing the
18 recall of a public officer, whether made before or after the election.
19 * * *
20 (15) "Participation" or "participating" in an election means the following:
21 (a) With regard to a candidate, that the candidate was opposed by another
22 candidate in the election; however, any person who is a candidate as defined in this
23 Chapter shall be deemed to participate in the primary election whether or not the
24 candidate has failed to qualify for office after becoming a candidate, has withdrawn
25 from the election, or is unopposed therefor. Additionally, any Any candidate who
26 withdraws from a general election subsequent to a party primary election or the
27 primary election and prior to the general election who would have been qualified to
28 appear on the general election ballot shall be deemed to participate in the general
29 election, as shall the person who would have been opposed by the one withdrawing.
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1 Any candidate who withdraws from a second party primary subsequent to a party
2 primary and prior to the second party primary who would have been qualified to
3 appear on the second party primary election ballot shall be deemed to participate in
4 the second party primary election, as shall the person who would have been opposed
5 by the one withdrawing.
6 (b) With regard to a political committee, that the committee:
7 * * *
8 (ii) With regard to the party primary election, gave or received a contribution
9 prior to the party primary election from, to, or for a candidate participating in that
10 party primary election, made an expenditure in support of or in opposition to a
11 candidate participating in that party primary election, made a loan to or received a
12 loan from a candidate or committee participating in that party primary election, or
13 made a transfer of funds to or from another committee participating in that party
14 primary election.
15 (iii) With regard to the second party primary election, gave or received a
16 contribution prior to the second party primary election from, to, or for a candidate
17 participating in that second party primary election, made an expenditure in support
18 of or in opposition to a candidate participating in that second party primary election,
19 made a loan to or received a loan from a candidate or committee participating in that
20 second party primary election, or made a transfer of funds to or from another
21 committee participating in that second party primary election.
22 (ii) (iv) With regard to the general election, that the committee gave or
23 received a contribution subsequent to the primary election from, to, or for a
24 candidate participating in the general election, made an expenditure in support of or
25 in opposition to a candidate participating in the general election, made a loan to or
26 received a loan from a candidate or committee participating in that general election,
27 or made a transfer of funds to or from another committee participating in the general
28 election.
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1 (c) A candidate or committee which participates in a party primary election,
2 primary election, or the general election shall be deemed to participate in the
3 election.
4 (d) With regard to a person who solicits or receives any contribution or
5 makes any expenditure in support of or in opposition to a proposition or question
6 submitted to the voters, that said person solicited or received a contribution or made
7 an expenditure of two hundred fifty dollars or more.
8 (16) "Person" means any individual, partnership, limited liability company
9 or corporation, association, labor union, political committee, corporation, or other
10 legal entity, including their subsidiaries.
11 * * *
12 (17)(a)(i) "Political committee" or "committee" means a committee of two
13 or more persons, other than a husband and wife, and any legal entity organized for
14 the primary purpose of supporting or opposing one or more candidates, propositions,
15 recalls of a public officer, or political parties, which accepts contributions in the
16 name of the political committee, or makes expenditures from committee funds or in
17 the name of the political committee, or makes a transfer of funds to or receives a
18 transfer of funds from another committee, or receives or makes loans in an aggregate
19 amount in excess of five hundred one thousand dollars within any calendar year.
20 (ii) "Political committee" or "committee" shall also include two or more
21 persons, other than a husband or wife, and any legal entity which supports or opposes
22 one or more candidates, propositions, recalls of a public officer, or political parties,
23 and which accepts direct payments for personal services related to an election or a
24 campaign in the name of the political committee in an aggregate amount in excess
25 of five hundred one thousand dollars within any calendar year. Except that an entity
26 that holds a license or permit duly issued by the appropriate governmental entity to
27 provide the personal services provided, regularly does business in the area, and
28 regularly has done business in the area for at least ninety days prior to the date the
29 personal services are provided and the personal services provided are the same as the
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1 personal services regularly provided by the business in the normal and usual scope
2 of its usual business activities shall not constitute a "political committee" for
3 purposes of the requirements of R.S. 18:1491.1 through 1491.8 which would require
4 such an entity to keep records and submit reports.
5 (iii) Any state central committee, parish executive committee, and any other
6 committee of any political party which receives contributions or makes expenditures
7 in such amount during such period in an aggregate amount in excess of two thousand
8 five hundred dollars within any calendar year shall be considered a "political
9 committee" for the purposes of this Chapter.
10 (b)(i) An entity that during the reporting period has supported candidates in
11 states other than Louisiana; has received less than fifty percent of its total receipts
12 for the applicable reporting period from Louisiana candidates or committees formed
13 to support Louisiana candidates; and has expended less than fifty percent, but not
14 more than twenty fifty thousand dollars, of its total disbursements for the applicable
15 reporting period in support of or in opposition to Louisiana candidates shall not
16 constitute a "political committee" for purposes of requirements of R.S. 18:1491.1
17 through 1491.8 which would require such an entity to keep records and submit
18 reports.
19 (ii) "Political committee" does not include a principal campaign committee,
20 leadership committee, or independent expenditure only committee.
21 * * *
22 (22) "Subsidiary committee" means a political committee other than a
23 principal campaign committee, designated by a candidate or by a principal campaign
24 committee pursuant to R.S. 18:1491.3(B) or R.S. 18:1491.3(C) to receive
25 contributions or make expenditures on behalf of the candidate or the committee.
26 * * *
27 (25) "Committee" means any association, political party, or other group of
28 one or more persons whether in-state or out-of-state, which receives or anticipates
29 receiving contributions and makes or anticipates making expenditures, and has the
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1 major purpose of making contributions to or expenditures to or on behalf of any state
2 or local elected official, candidate, campaign, or other committee. A person shall not
3 be a committee if the person makes expenditures for the purpose of supporting or
4 opposing candidates or recalls using only the person's general revenues and does not
5 receive contributions for the purpose of supporting or opposing candidates or recalls.
6 "Committee" includes any independent expenditure only committee, leadership
7 committee, political committee, or principal campaign committee.
8 (26) "Coordinated expenditure" means an expenditure made by any person
9 in cooperation, consultation, or concert with, or at the request or suggestion of, a
10 candidate, his authorized political committees, or their agents for the purpose of
11 supporting, opposing, or otherwise influencing the nomination or election of the
12 candidate.
13 (27) "Express advocacy" means communications containing express words
14 of advocacy of election, recall, or defeat, including but not limited to "vote for",
15 "elect", "support", "cast your ballot for", "Smith for Governor", "vote against",
16 "recall", "defeat", or "reject".
17 (28) "Joint fundraising agreement" means a written agreement between
18 committees or other organizations to engage in joint fundraising efforts,
19 proportionately share expenses of the joint fundraising, and distribute proceeds
20 according to an allotment schedule. A joint fundraising representative established by
21 a joint fundraising agreement under R.S. 18:1491.9 shall not be considered a
22 committee when acting solely as a financial agent to raise contributions for
23 committees and distribute contributions to committees. However, this provision does
24 not in any matter modify the reporting requirements provided in R.S. 18:1491.6.
25 (29) "Leadership committee" means a committee registered with the
26 supervisory committee and directly or indirectly established, financed, maintained,
27 controlled, or designated by an elected official, but which is not the principal
28 campaign committee of the elected official and does not make expenditures in
29 support of the candidacy of the elected official or in opposition to any opponent of
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1 the elected official. A leadership committee may make expenditures related to any
2 of the following:
3 (a) Holding of a public office or party position.
4 (b) Supporting or opposing a proposition or question submitted to the voters.
5 (c) Supporting or opposing the recall of a public officer other than the
6 candidate.
7 (d) Making contributions to any of the following:
8 (i) Another candidate's principal campaign committee.
9 (ii) A committee other than the elected official's principal campaign
10 committee and any subsidiary committee thereof.
11 (iii) An independent expenditure only committee.
12 (iv) A gubernatorial transition and inauguration.
13 (e) Making donations to any organization qualifying under Section 501 of the
14 United States Internal Revenue Code.
15 (f) Lobbying.
16 (g) Administrative costs or operating expenses of the leadership committee.
17 (30) "Major purpose" means the purpose of making contributions or
18 expenditures which purpose constitutes the preponderance of the association,
19 political party, or group's spending during a calendar year.
20 (31) "Personal use" means any use of funds of a candidate, principal
21 campaign committee, or leadership committee to fulfill a commitment, obligation,
22 or expense of any person that would exist irrespective of the candidate's campaign
23 or the elected official's holding of office.
24 §1484. Disclosure reports; persons required to file
25 Except as otherwise specifically provided, the following persons or their
26 campaign treasurers, if any, shall file reports of contributions and expenditures as
27 more specifically provided in this Chapter:
28 * * *
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1 (2) Each candidate for any other public office who does either of the
2 following:
3 (a) Makes expenditures in excess of two thousand five hundred five thousand
4 dollars.
5 (b) Receives a contribution contributions in excess of two hundred five
6 thousand dollars in the aggregate during the aggregating period. For purposes of this
7 Paragraph only, a contribution by a candidate for his own campaign for a public
8 office other than a major office or district office shall not be considered in
9 determining whether the candidate has received a contribution in excess of two
10 hundred five thousand dollars in the aggregate.
11 * * *
12 §1486. Proposition Recall elections; required reports; recall elections
13 A.(1) Any person, including a political committee, who receives and accepts
14 any contribution, loan, or transfer of funds, or makes any expenditure in support of
15 or in opposition to a proposition or question submitted to the voters shall be required
16 to file reports of such contributions and expenditures.
17 (2) Any person, including a political committee, who receives and accepts
18 any contribution, loan, or transfer of funds, or makes any expenditure in support of
19 or in opposition to the recall of a public officer shall be required to file reports of
20 such contributions and expenditures.
21 (3) (2) Except as otherwise specifically provided in this Section and in R.S.
22 18:1505.4 and 1505.5, the provisions for reporting and filing requirements,
23 prohibited practices, recordkeeping, and penalties applicable to political committees
24 shall apply to persons subject to the provisions of Paragraphs (1) and (2) Paragraph
25 (1) of this Subsection.
26 B. These requirements shall be applicable only if the aggregate amount of
27 contributions, loans, and transfers of funds received and accepted or expenditures
28 made equals or exceeds two hundred five thousand dollars at any time during the
29 aggregating period; except that, with regard to expenditures made in support of or
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1 in opposition to a proposition or question submitted to the voters by a person who
2 is not a candidate or a member of the principal campaign committee of a candidate
3 or of a political committee, these requirements shall be applicable only if the
4 aggregate amount of expenditures made equals or exceeds one thousand dollars.
5 "Aggregating period" for purposes of this Section shall mean the period from the
6 date on which the first contribution is received or the first expenditure is made by the
7 person or political committee, whichever is earlier, through the closing date for the
8 last report required to be filed in accordance with this Chapter.
9 C.
10 * * *
11 (2) Any person or political committee who is required to file reports as
12 provided in Paragraph A(2) Paragraph (A)(1) of this Section shall file reports as
13 provided in this Chapter according to the following schedule:
14 * * *
15 PART II. POLITICAL COMMITTEES
16 §1491.1. Registration of political committees
17 A. Each political committee, including a subsidiary committee, which knows
18 or anticipates that it will receive contributions or loans, make expenditures or loans,
19 or make a transfer of funds to or receive a transfer of funds from another committee
20 during a calendar year in the aggregate amount exceeding five hundred one thousand
21 dollars shall file a statement of organization with the supervisory committee annually
22 after January 1 and no later than January 31 of each calendar year. Any such
23 committee organized after January 31 shall file the required statement of
24 organization no later than the tenth day after its organization. Any committee which,
25 after January 31, knows or anticipates that it will receive contributions, loans, or
26 transfers of funds or make expenditures, loans, or transfers of funds in the aggregate
27 in excess of five hundred one thousand dollars during the calendar year shall file the
28 required statement of organization within ten days after the date on which it has
29 information which causes it to know or anticipate that it will receive such
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1 contributions, loans, or transfers of funds or make such expenditures, loans, or
2 transfers of funds. If a political committee which knows or anticipates that it will
3 receive contributions, loans, or transfers of funds or make expenditures, loans, or
4 transfers of funds in the aggregate in excess of five hundred one thousand dollars
5 during a calendar year, is organized within ten days prior to any election, it shall file
6 the statement of organization required by this Section no later than the third day after
7 such organizing. Any committee required to file supplemental reports under the
8 provisions of R.S. 18:1491.6 shall file the annual statement of organization. The
9 supervisory committee shall issue a certificate of registration to each committee
10 which submits the statement required by this Subsection.
11 B. The statement of organization shall include:
12 * * *
13 (5)
14 * * *
15 (d) A statement, if applicable, that the committee is organized as a leadership
16 committee, an identification of the elected official with whom the committee is
17 affiliated, and a certification by the committee that the committee is not making and
18 will not make contributions, whether direct or in-kind, to the principal campaign
19 committee of the elected official with which it is affiliated, or any subsidiary
20 committee thereof, or expenditures for the purpose of supporting or otherwise
21 influencing the nomination or election to public office of the elected official with
22 which it is affiliated, or opposing the nomination or election to public office of any
23 opponent of the elected official with which it is affiliated.
24 * * *
25 D. No committee shall receive contributions or loans, make expenditures or
26 loans or make a transfer of funds to or receive a transfer of funds from another
27 committee in the aggregate in excess of five hundred one thousand dollars in any
28 calendar year until it has filed the annual statement of organization required by this
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1 Section. Any committee which violates the provisions of this Subsection shall be
2 subject to the penalties provided in R.S. 18:1505.5 and R.S. 18:1505.6.
3 * * *
4 F. If the supervisory committee receives a statement pursuant to
5 Subparagraph (B)(5)(b) Subparagraph (B)(5)(b) or (d) of this Section, the
6 supervisory committee shall immediately notify the affected candidate of his
7 obligations pursuant to R.S. 18:1491.3(C).
8 * * *
9 §1491.2. Statement of dissolution
10 A. Each political committee, including any subsidiary committee, which
11 after having filed an annual statement of organization wishes to dissolve or disband
12 and (1) determines that it no longer meets the criteria in R.S. 18:1491.1(A), or (2)
13 determines that it will no longer receive any contributions, loans, or transfers of
14 funds and will no longer make any expenditures, loans, or transfers of funds, shall
15 file a statement of dissolution with the supervisory committee prior to dissolving.
16 No committee which has unpaid debts or obligations or which has any funds on hand
17 shall file a statement of dissolution, until any debts or obligations have been paid or
18 otherwise extinguished and any funds have been expended or otherwise distributed.
19 A statement of dissolution shall include (1) a certified statement by the committee
20 chairman and campaign treasurer, if any, that the committee has not received
21 contributions, transfers of funds, or loans, or made expenditures, transfers of funds,
22 or loans in the aggregate during the calendar year in excess of five hundred one
23 thousand dollars and does not anticipate doing so, or (2) a certified statement by the
24 committee chairman and campaign treasurer, if any, that the committee will receive
25 no contributions, transfers of funds, or loans and will make no expenditures, transfers
26 of funds, or loans, during the remainder of the calendar year. The committee shall
27 file a report of contributions and expenditures containing the information required
28 in R.S. 18:1491.7 with the statement of dissolution.
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1 B. No political committee shall dissolve or file a statement of dissolution as
2 provided in Subsection A above and reorganize under a modified name, charter, or
3 organizational structure merely as a subterfuge to avoid the reporting and other
4 requirements of this Part. Any committee which dissolves or files a statement of
5 dissolution as provided in Subsection A above and is thereafter recreated with
6 substantially the same membership and purposes with the intent to avoid the
7 requirements of this Part, for purposes of this Part, shall be deemed not to have been
8 dissolved and shall be subject to the provisions of this Part as if no dissolution had
9 taken place and no statement of dissolution filed. In addition, any committee which
10 violates the provisions of this Subsection shall be subject to the penalties provided
11 in R.S. 18:1505.4, 1505.5, and 1505.6 R.S. 18:1505.5, and R.S. 18:1505.6.
12 §1491.3. Principal campaign committees; subsidiary committees; consolidation of
13 reports
14 A. Each candidate may designate one political committee as his principal
15 campaign committee. Such designation shall be in writing and a copy thereof shall
16 be filed with the supervisory committee no later than ten days after such designation
17 is made. Any committee which designates subsidiary committees shall be a principal
18 campaign committee and shall file a self-designation as a principal campaign
19 committee with the supervisory committee at the time it first files a designation of
20 a subsidiary committee. A principal campaign committee of a candidate shall report,
21 in lieu of the candidate, all information required to be reported by the candidate
22 pursuant to R.S. 18:1495.4 and R.S. 18:1495.5.
23 * * *
24 §1491.4. Campaign treasurers; campaign depositories; expenditures; petty cash fund
25 A. The chairman of each political committee shall be the campaign treasurer
26 of the political committee, unless the political committee appoints a campaign
27 treasurer. Political committees Committees also may appoint one or more deputy
28 campaign treasurers. The names and addresses of any campaign treasurer or deputy
29 campaign treasurer so appointed shall be filed with the supervisory committee in the
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1 statement of organization required by R.S. 18:1491.1, or if appointed after the
2 statement of organization is filed, the names and addresses of any campaign treasurer
3 or deputy campaign treasurer shall be reported to the supervisory committee within
4 ten days following appointment.
5 B.(1) Any person may solicit contributions for or on behalf of the political
6 committee, or sell political paraphernalia, including such items as buttons, flags and
7 literature, or tickets to a testimonial or other fund-raising event, provided that all
8 contribution(s) or proceeds are transmitted directly to the chairman of the political
9 committee or its designated treasurer or a designated deputy treasurer of the
10 committee together with such information as may be required by this Chapter. No
11 chairman of a political committee or designated treasurer or deputy treasurer shall
12 accept such funds without such information and they shall be responsible under the
13 provisions of this Chapter for any errors and omissions in records or reports of such
14 funds. Any contributions or transfer of funds received by a political committee
15 which has appointed a campaign treasurer shall be transferred to the campaign
16 treasurer.
17 (2) When any person who is not the campaign treasurer or a deputy treasurer
18 of a political committee makes any expenditure for the committee, he shall transmit
19 directly to the campaign treasurer or a deputy treasurer all information concerning
20 the expenditure required by this Chapter. The campaign treasurer of the committee
21 shall be responsible under the provisions of this Chapter for any errors or omissions
22 in the records or reports of such expenditures.
23 (3) For purposes of all reports required by this Chapter, all contributions
24 received by or transferred to a campaign treasurer or a deputy treasurer of a political
25 committee, and all expenditures made by a campaign treasurer or a deputy treasurer
26 of a political committee or by any other person on behalf of the committee, shall be
27 considered contributions or expenditures of the political committee.
28 C. Deputy campaign treasurers of a committee may exercise any of the
29 powers and duties of a campaign treasurer as set forth in this Chapter when
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1 specifically authorized to do so by the campaign treasurer and the chairman of the
2 political committee.
3 D.(1) The chairman of each political committee shall designate one or more
4 national or state banks or state or federally chartered savings and loan associations
5 or savings banks, or state or federally chartered credit unions, as the campaign
6 depositories of the committee and may invest in a money market mutual fund and
7 designate such fund as a campaign depository. The committee chairman, the
8 committee campaign treasurer, and any deputy treasurers shall deposit any
9 contributions received by them into an account or accounts maintained at such
10 depository or depositories. No expenditure shall be made by any committee
11 chairman, committee campaign treasurer, deputy treasurer, or any other person on
12 behalf of the committee, except by check drawn on such account or accounts, except
13 as specifically provided in Paragraph (2) of this Subsection and Subsection E of this
14 Section. Each check drawn on any such account shall be made payable to a specific
15 person, except a check made payable to petty cash. Each check drawn on such an
16 account shall indicate the objects or services for which such check is drawn and such
17 check shall be maintained as part of the records required by R.S. 18:1491.5. The
18 name and address of such campaign depository so designated shall be filed with the
19 supervisory committee in the statement of organization required by R.S. 18:1491.1.
20 If any additional depositories are designated, they shall be reported within ten days
21 following such designation as required by R.S. 18:1491.1.
22 (2) An expenditure may be made by a committee chairman, committee
23 campaign treasurer, deputy treasurer, or other authorized person on behalf of the
24 committee by electronic funds transfer provided that the transfer of funds is to a
25 specific person and that records are maintained as to the objects or services for which
26 such transfer of funds was made. Detailed records of each electronic fund transfer
27 shall be maintained as part of the records required by R.S. 18:1491.5.
28 (3) A political committee, which is not the principal campaign committee or
29 designated subsidiary committee of a candidate, or a leadership committee, that
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1 makes a contribution to a candidate or to the principal campaign committee or
2 designated subsidiary committee of a candidate shall clearly indicate to the candidate
3 or the principal campaign committee or designated subsidiary committee of the
4 candidate that the contribution is from a political committee or a leadership
5 committee, either by a designation on the check or by a separate notification attached
6 to the contribution.
7 E. A political committee may maintain a petty cash fund or funds. A petty
8 cash fund shall be maintained on an imprest system, that is, expenditures may be
9 made in cash from the fund, and the fund shall from time to time be restored to its
10 original amount by a transfer of funds from other committee funds of a sum equal
11 to the aggregate of the sums expended from the fund. No expenditure in excess of
12 two hundred dollars shall be made from the petty cash fund, and no expenditure shall
13 be made from the petty cash fund for any personal services, except for gratuities paid
14 for the serving of food or drink. No expenditure shall be made from the petty cash
15 fund in violation of R.S. 18:1531. A complete record of petty cash expenditures
16 shall be maintained in accordance with the provisions of R.S. 18:1491.5(D).
17 §1491.5. Maintenance of records; valuation of in-kind contributions and
18 expenditures
19 A. The chairman of each political committee and the campaign treasurer, if
20 the chairman does not act as campaign treasurer, shall be responsible for providing
21 and maintaining such records of campaign the finances of the committee as are
22 necessary to comply with the provisions of this Part, including but not limited to the
23 records specifically required by this Section.
24 B.(1) Except as otherwise provided in this Section, the campaign treasurer
25 of each political committee shall keep such records of campaign contributions
26 received and accepted by him or a deputy treasurer as shall be necessary to comply
27 with the provisions of this Part, including the names and addresses of all
28 contributors, and the date of each contribution, the amount or value of the
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1 contribution of whatever value, and a description and valuation of all in-kind
2 contributions.
3 (2) Payments made to purchase raffle tickets, campaign paraphernalia, such
4 as campaign pins, buttons, badges, flags, emblems, hats, shirts, banners, literature,
5 and similar items, other than expenditures made by a political committee for its own
6 paraphernalia, and payments for tickets to testimonials and similar fundraising events
7 are contributions, and records thereof shall be maintained, provided that:
8 (a) In the case of any single transaction involving the sale of raffle tickets or
9 of items such as campaign pins, buttons, badges, flags, emblems, hats, banners,
10 literature, and similar material which is for an amount not in excess of twenty-five
11 fifty dollars and the proceeds of which are received and deposited by a political
12 committee, no record need be kept by the campaign treasurer for such recipient
13 committee, except the total amount received and deposited from such sale and the
14 fact that such amount was received from such sale.
15 (b) No person shall sell or buy raffle tickets or campaign paraphernalia in
16 successive single transactions for amounts below those for which specific records are
17 required by this Paragraph as a subterfuge to avoid requirements of this Part that
18 names and addresses of contributors and dates and amounts of contributions be
19 recorded, aggregated, and reported. Such transactions shall be considered single
20 transactions and shall be recorded and reported as provided in this Part. Any person
21 who violates the provisions of this Section shall be subject to the penalties provided
22 in R.S. 18:1505.4, 1505.5, and 1505.6 R.S. 18:1505.5, and R.S. 18:1505.6.
23 (3) The campaign treasurer of each political committee shall also keep such
24 records of campaign expenditures made or contracted as shall be necessary to
25 comply with the provisions of this Part, including the name and address of the person
26 or firm from whom goods or services were purchased or contracted, the date, the
27 amount or value and the purpose of the expenditure, a description of the goods or
28 services purchased or contracted, and a description and valuation of all in-kind
29 expenditures.
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1 * * *
2 E. A record shall be kept of each loan made by the committee to or from any
3 person or political committee, together with the full name and address of the lender,
4 of the recipient of the proceeds of the loan, and of any person who makes any type
5 of security agreement binding himself or his property, directly or indirectly, for the
6 repayment of all or any part of the loan. In addition, a record shall be kept of the
7 repayment of each such loan and of the source of funds expended for repayment.
8 * * *
9 I. A campaign treasurer shall preserve records required by this Part for six
10 years; except a campaign treasurer for a committee which supports only one
11 candidate shall preserve such records for two years after the final report which he is
12 required by this Part to file for the election has been filed, including any
13 supplemental reports required.
14 J. The accounts and records kept by a campaign treasurer under the
15 provisions of this Part shall be available for inspection or use by the supervisory
16 committee in connection with any investigation pursuant to this Chapter, or by any
17 grand jury or court in connection with any proceeding instituted under the provisions
18 of this Chapter; however, such accounts and records shall be kept strictly
19 confidential by the supervisory committee and any court, except to the extent any
20 contents thereof may become a public record in any judicial proceeding to enforce
21 the provisions of this Chapter.
22 §1491.6. Reports required; reporting times and periods
23 A. The chairman of a political committee other than a leadership committee
24 and the campaign treasurer of the committee, if any, shall be responsible for filing
25 a report of all information required in this Section and R.S. 18:1491.7 with the
26 supervisory committee at the times required in this Section. The political committee
27 chairman and campaign treasurer of the committee, if any, shall certify, in each
28 report, that the information contained in the report is true and correct to the best of
29 their knowledge, information and belief, that no expenditures have been made and
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1 no contributions have been received that are not reported therein, and that no
2 information required by this Part has been deliberately omitted.
3 B. A report shall be filed for a political committee other than a leadership
4 committee for each regularly scheduled election in which the committee participates
5 according to the following schedule:
6 * * *
7 C. During the period beginning at midnight of the twentieth day prior to a
8 primary election and extending through midnight of primary election day, and during
9 the period beginning at midnight of the twentieth day prior to a general election and
10 extending through midnight of general election day, each committee, other than a
11 leadership committee, which is participating in the election shall file a report with
12 the supervisory committee of:
13 (1)(a) The full name and address of each person from whom the committee
14 has received and accepted a contribution, loan, or transfer of funds during such
15 period in excess of the following amounts: a committee participating in the election
16 of a candidate for any major office, one two thousand dollars; a committee
17 participating in the election of a candidate for district office, five hundred one
18 thousand dollars; a committee participating in the election of a candidate for any
19 other office, two five hundred fifty dollars. If the committee is participating in the
20 election of candidates for offices with different reporting amounts, the amount shall
21 be the lowest for any candidate in whose election the committee is participating or
22 in which any committee is participating to which it makes or from which it receives
23 a transfer of funds.
24 * * *
25 (2) Any expenditure in excess of two five hundred dollars made to a
26 candidate, committee, or person required to file reports by this Chapter, who makes
27 endorsements, including the full name and address of each person to whom such
28 expenditure is made, the amount, date and purpose of each such expenditure, and a
29 brief description and valuation of an in-kind expenditure.
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1 * * *
2 D.(1) If the final report of a political committee other than a leadership
3 committee for an election, as required by Paragraph (5), (6), or (7) of Subsection B
4 of this Section, or the most recent monthly report of a such committee pursuant to
5 Subsection I of this Section shows a deficit or a surplus, the chairman and treasurer
6 of the committee, if any, shall file supplemental reports with the supervisory
7 committee of all information required in R.S. 18:1491.7. Such reports shall be filed
8 annually no later than February fifteenth and shall be complete through the preceding
9 December thirty-first. Such a supplemental report shall be filed each year until a
10 report has been filed which shows no deficit and until any surplus campaign funds
11 have been disposed of in accordance with R.S. 18:1505.2(I). The report on surplus
12 funds shall disclose the disbursement of such funds in the same manner as
13 expenditures are reported.
14 (2) A "deficit", for purposes of this Subsection, means debts or obligations
15 owed by the political committee which are required to be reported by R.S.
16 18:1491.7(B)(14).
17 (3)(a) A report need not be filed under this Subsection if the committee is
18 dissolved or disbanded and shows a deficit of less than two thousand five hundred
19 five thousand dollars. However, if the political committee is dissolved or disbanded
20 and its deficit is equal to or greater than two thousand five hundred five thousand
21 dollars, the political committee shall file supplemental reports with the supervisory
22 committee of all information required in R.S. 18:1491.7. Such report shall be filed
23 annually no later than February fifteenth and shall be complete through the preceding
24 December thirty-first. Such report shall be filed each year for five years or until a
25 report has been filed which shows no deficit or surplus.
26 (b) However, if after five years the a political committee with a deficit
27 receives any contribution or if any repayment occurs on an outstanding debt or loan,
28 such political committee shall file a supplemental report by the following February
29 fifteenth which shall be complete through the preceding December thirty-first.
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1 (c) If the political committee has surplus campaign funds, a report need not
2 be filed under this Subsection if such political committee files an annual report in
3 accordance with Subsection E of this Section which includes such surplus campaign
4 funds.
5 E. A report shall be filed for each committee other than a leadership
6 committee of all information required in R.S. 18:1491.7 no later than February
7 fifteenth of each year which shall be complete as of the preceding December thirty-
8 first. The annual report required by this Subsection shall not be required:
9 * * *
10 G. The reporting period for all reports of political committees other than
11 leadership committees, except the first report of a committee, shall be the period
12 from the time through which the preceding report was complete through the closing
13 date for the particular report. The reporting period for the first report of a committee
14 shall be the period from the time when the committee was organized through the
15 closing date for the particular report.
16 * * *
17 I.(1) A political committee other than a principal or subsidiary campaign
18 committee of a candidate candidate, or an independent expenditure only committee,
19 may file monthly reports due no later than the tenth day of the month following a
20 month in which the committee accepts a contribution or some other receipt or makes
21 an expenditure or some other disbursement rather than file the reports otherwise
22 required by Subsections B, (C)(1), and F of this Section.
23 (2) Such monthly reports shall include all of the information required to be
24 included in a report pursuant to R.S. 18:1491.7.
25 (3) A political committee or an independent expenditure only committee
26 wishing to file monthly reports may do so upon written notification to the
27 supervisory committee of its intention to do so delivered to the supervisory
28 committee no less than forty-five days prior to the due date for the next report the
29 committee would otherwise be required to file. The committee shall file its first
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1 monthly report no later than the month following the month in which such
2 notification is so delivered. Such report shall include all information required for
3 reports pursuant to R.S. 18:1491.7 for the period since the committee's last report.
4 (4) Nothing in this Subsection shall exempt a political committee or an
5 independent expenditure only committee from filing the reports required by
6 Paragraphs (2) and (3) of Subsection C of this Section.
7 §1491.6.1. Leadership committees; reports required
8 A. A leadership committee shall file monthly reports due no later than the
9 tenth day of the month following a month in which the committee accepts a
10 contribution or some other receipt or makes an expenditure or some other
11 disbursement.
12 B. Monthly reports filed as provided in this Section shall include all of the
13 information required to be included pursuant to R.S. 18:1491.7.
14 §1491.7. Reports; contents
15 A.(1) Unless otherwise specifically provided, each report required by this
16 Part shall contain the following information:
17 (1) (a) the The name and address of the political committee for whom the
18 report is filed; filed.
19 (2) (b) the The name and address of the treasurer completing the report;
20 report.
21 (3) (c) the The names and addresses of the committee chairman and of the
22 other principal officers; officers.
23 (2) Unless otherwise specifically provided, each report by a political
24 committee, principal campaign committee, or independent expenditure only
25 committee, required by this Part shall contain the following information:
26 (4) (a) the The name, address, office sought, and party affiliation of each
27 candidate whom the committee is supporting or opposing, and a designation as to
28 whether such committee is supporting or opposing such candidate; candidate.
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1 (5) (b) whether Whether the committee is supporting or opposing the entire
2 ticket of any party, and, if so, the name of the party; party.
3 (6) (c) if If the report is for a principal campaign committee, a statement that
4 the committee is a principal campaign committee and the name of the candidate, if
5 any, and of all subsidiary committees for whom the principal campaign committee
6 is reporting and the address of such committees, or if a committee has no address,
7 the address of the committee chairman.
8 (3) Unless otherwise specifically provided, each report by a leadership
9 committee, required by this Part shall contain the name of the elected official with
10 whom the leadership committee is affiliated.
11 B. Each report required to be in conformity with this Section shall contain
12 the following information:
13 * * *
14 (4) Contributions received during the reporting period for which the report
15 is being completed shall be reported, and the same shall be reported irrespective of
16 the amount thereof except as otherwise provided, as follows:
17 (a) The full name and address of each person who has made one or more
18 contributions, except contributions in the form of a payroll deduction or dues check-
19 off system, to and which have been received and accepted by the political committee
20 during the reporting period; the aggregate amount of such contributions, except
21 in-kind contributions, from each person, and the date and amount of each such
22 contribution; and a brief description of each in-kind contribution from each person,
23 the valuation thereof made by the chairman and the campaign treasurer, and the date
24 of the in-kind contribution.
25 (b) The full name and address of each person who has made one or more
26 contributions in the form of a payroll deduction or dues check-off system in excess
27 of five twenty-five dollars in the aggregate in a calendar year to and which have been
28 received and accepted by the political committee during the reporting period, and the
29 date and amount of each contribution. In the case of a political committee that
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1 supports multiple candidates or issues and receives over ten thousand contributions
2 in the form of a payroll deduction or dues check-off system when no single
3 contributor contributes in excess of twenty-four fifty dollars in the aggregate in a
4 calendar year, such committee may elect to report the names and addresses of its
5 contributors on an annual basis. Political committees making this election shall list
6 the names and addresses of its contributors, the total amount of the contributions
7 received per contributor, and the schedule of the receipt of such contributions on the
8 annual report due by February fifteenth complete through the preceding December
9 thirty-first.
10 * * *
11 (5)(a) The gross proceeds received and accepted by the political committee
12 during the reporting period from the sale of items such as political campaign pins,
13 buttons, badges, flags, emblems, hats, banners, literature, and similar materials.
14 Purchases of campaign items and materials from the committee which are made by
15 the same person and are of such amount as to be reportable, either singly or in the
16 aggregate, as provided in Paragraph (4) of this Subsection, shall be so reported;
17 however, single transactions to purchase campaign items or materials which are not
18 in excess of twenty-five fifty dollars must be reported only in the report of gross
19 proceeds and shall not be required to be reported as provided in Paragraph (4) of this
20 Subsection.
21 (b) The gross proceeds received and accepted by the political committee
22 during the reporting period from the sale of raffle tickets. Purchases of raffle tickets
23 that are made by the same person and are of such amount as to be reportable, either
24 singly or in the aggregate, as required in Paragraph (4) of this Subsection, shall be
25 so reported; however, single transactions to purchase raffle tickets which are not in
26 excess of twenty-five fifty dollars must be reported only in the report of gross
27 proceeds and shall not be required to be reported as provided in Paragraph (4) of this
28 Subsection.
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1 (6) The gross proceeds received and accepted by the political committee
2 during the reporting period from the sale of tickets to testimonials or similar
3 fundraising events. The proceeds of any such sale shall be considered a contribution,
4 and such contributions shall also be reported as provided in Paragraph (4).
5 (7) The name and address of each political committee from which the
6 reporting political committee received and accepted any transfer of funds during the
7 reporting period, and the amount of each such transfer.
8 (8) Any other cash receipts, not contributions, received from any other
9 source not included above during the reporting period, for example, refunds of
10 overpayments or excess contributions and the nature, source, and an explanation
11 thereof.
12 * * *
13 (10) The date and amount of each loan for campaign purposes made or
14 received by the political committee to or from any person or political committee
15 during the reporting period, together with the full name and address of the lender, of
16 the recipient of the proceeds of the loan, and of any person who makes any type of
17 security agreement binding himself or his property, directly or indirectly, for the
18 repayment of all or any part of the loan.
19 * * *
20 (13) The full name and address of each person to whom an expenditure has
21 been made by the committee during the reporting period. The amount, a description
22 of the purpose as it relates to the expenditure, the date of each expenditure, and, for
23 all committees other than leadership committees, the name and address of and office
24 sought by candidates on whose behalf each such expenditure was made shall be
25 reported. A brief description of an in-kind expenditure shall be given, as well as the
26 valuation made by the chairman and the campaign treasurer and the date(s) of the
27 expenditure. When multiple expenditures have been made to the same person during
28 the reporting period, the aggregate amount of such expenditures, other than in-kind
29 expenditures, and the aggregate valuation of in-kind expenditures shall be reported
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1 for each such person. The aggregate of all expenditures made during the reporting
2 period, other than in-kind expenditures, and the aggregate valuation of all in-kind
3 expenditures shall also be reported. The aggregate amount expended for each
4 candidate shall also be reported.
5 (14) The amount and nature of debts and obligations owed by or to the
6 political committee during the reporting period which relate to the conduct of any
7 political campaign, including but not limited to loans required to be reported under
8 Paragraph (10) of this Subsection.
9 * * *
10 (18) The name and address of each political committee to which the
11 reporting political committee made a transfer of funds, during the reporting period,
12 and the date and amount of each such transfer.
13 * * *
14 (22) The total amount of expenditures during the reporting period made in
15 relation to the publication, distribution, transportation, or transmission of statements
16 relative to candidates or propositions which do not fully disclose the name of the
17 individual or the name of the association, organization, committee, or corporation
18 and the full and correct name and address of its chairman or other chief
19 administrative officer and whether or not such individual, association, organization,
20 committee, or corporation supports or opposes such candidate or proposition.
21 C. Expenditures made by a public relations firm, an advertising agency, or
22 agent for a political committee shall be considered expenditures of the political
23 committee and must be reported as required by this Section. Each such firm, agency,
24 or agent, which makes any expenditure for any political committee shall timely
25 furnish to such political committee such information relative thereto as may be
26 required for compliance with this Part.
27 * * *
28 §1491.8. Small campaigns; affidavit in lieu of reports
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1 Any political committee which did not receive a contribution in excess of two
2 five hundred dollars and which did not make expenditures totaling in excess of five
3 ten thousand dollars in the aggregate during the aggregating period, may file an
4 affidavit setting out such facts, in lieu of any report required by R.S. 18:1491.6; but
5 a separate affidavit shall be required in lieu of any such report.
6 §1491.9 Joint Fundraising Committees; establishing separate committee; authority,
7 requirements, and prohibitions.
8 A. Committees may, pursuant to a written joint fundraising agreement,
9 engage in joint fundraising efforts with other committees provided for in this
10 Chapter, committees registered with the Federal Election Commission, or with
11 unregistered committees and organizations including:
12 (1) A state party central committee, or committee designated thereby;
13 (2) A leadership committee;
14 (3) An independent expenditure only committee;
15 (4) An organization qualifying under Section 501 of the United States
16 Internal Revenue Code, including a social welfare organization as defined in 26 USC
17 501(c)(4); or
18 (5) An entity established to effectuate a gubernatorial transition and
19 inauguration as authorized by R.S. 18:1501.3.
20 B.(1) A person not otherwise prohibited by this Chapter from making
21 contributions may make a contribution to a joint fundraising effort, subject to the
22 contribution limits pursuant to R.S. 18:1505.2(H).
23 (2) Any committee may solicit and accept such contributions according to the
24 provisions of this Section and applicable state or federal laws. However, any
25 contributions that a participating committee is prohibited from receiving are
26 deposited into an account that is distinct from that committee's account.
27 C. To engage in joint fundraising activities, the participants shall enter into
28 a joint fundraising agreement and establish an allocation formula and a separate
29 committee or a joint fundraising representative.
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1 D. If the participants hire a professional fundraising firm or other agent to
2 assist in conducting the joint fundraising. the fundraising representative shall be
3 responsible for ensuring that the recordkeeping and reporting requirements set forth
4 in this Section are met.
5 E. Prior to soliciting or accepting any funds or engaging in any fundraising
6 activities, the joint fundraising committee shall file a statement of organization with
7 the supervisory committee, which shall include:
8 (1) The name of the separate committee or fundraising representatives.
9 (2) The name, physical address, phone number, and email address of the
10 agent authorized to act as the joint fundraising representative.
11 (3) The names and physical addresses of all committees and organizations
12 participating in the joint fundraising agreement.
13 (4) The names and physical addresses of the depository institution holding
14 the joint fundraising committee's or joint fundraising representative's account.
15 (5) Any additional information deemed necessary by the supervisory
16 committee.
17 F. Participating committees may establish a separate committee to act as a
18 joint fundraising representative for all participants or may select a joint fundraising
19 representative without establishing a separate committee. Any separate committee
20 shall report contributions and expenditures like a political committee. A joint
21 fundraising representative without a separate committee need not report
22 contributions and expenditures like a political committee, but, in that case, the
23 participants shall report the distributed contributions as if the contributions were
24 received directly by the participant and as if the expenditures were made directly by
25 the participants. The joint fundraising representative shall make expenditures and
26 shall collect contributions, pay fundraising costs from gross proceeds and from funds
27 advanced by participants, and disburse net proceeds to each participant.
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1 (1) The joint fundraising representative shall be responsible for managing
2 all joint fundraising activities, including activities for any separate committee,
3 including but not limited to the following:
4 (a) Record keeping, preparing, and reporting all activities required by law.
5 (b) Collecting all contributions on behalf of the participants.
6 (c) Paying all costs incurred with gross proceeds from the joint fundraising
7 account or from funds contributed to the joint fundraising account by the
8 participants.
9 (d) Distributing net proceeds to each participant according to the terms
10 established under the joint fundraising agreement.
11 G. Except as provided in Paragraph (1) of this Subsection, the amount of
12 funds advanced by each participant for fundraising costs shall be in proportion of the
13 allocation formula as found in the written agreement entered into pursuant to
14 Subsection (H) of this Section.
15 (1) A participant may advance more than its proportionate share of the
16 fundraising costs, however, any amount advanced in excess of the participant's
17 proportionate share shall not exceed the amount that the participant could legally
18 contribute to the remaining participants.
19 H. The participants in the joint fundraising activity shall enter into a written
20 agreement. The written agreement shall identify the fundraising representative and
21 shall state the formula for the allocation of fundraising proceeds. The formula shall
22 be stated as the amount or percentage of each contribution received to be allocated
23 to each participant. The fundraising representative shall file the written agreement
24 with the supervisory committee within ten days of the execution and retain the
25 written agreement for a period of six years.
26 I. Each solicitation for contributions shall include a joint fundraising notice.
27 The notice may be included through a displayed web address or QR code. The notice
28 shall include the following information:
29 (1) The names of all the participants of the joint fundraising activities.
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1 (2) The allocation formula for distributing the joint fundraising proceeds.
2 (3) A statement informing contributors that, notwithstanding the stated
3 allocation formula, contributions may be designated for a particular participant or
4 participants.
5 (4) A statement informing contributors that the allocation formula may
6 change if a contributor makes a contribution which exceeds the maximum
7 contribution amount to a participant than is permitted by law.
8 (5) If one or more participants engage in joint fundraising activity solely to
9 raise funds for outstanding debts, a statement informing contributors that the
10 allocation formula may change if a participant receives sufficient funds to pay its
11 outstanding debts.
12 (6) If one or more participants ma not lawfully accept contribution from any
13 particular source, a statement informing contributors that contributions from
14 prohibited source will be distributed only to those participants that may lawfully
15 accept them.
16 J. The participants or joint fundraising representative shall establish a
17 separate depository account to be used solely for the receipt and disbursement of
18 joint fundraising proceeds. Only lawful contributions and advanced funds shall be
19 deposited into the separate depository account.
20 (1) The fundraising representative shall collect and forward to participants
21 all contributor information required under R.S. 18:1491.7(B)(4)(a). For the purpose
22 of compliance with this Chapter, the following provisions apply:
23 (a) Participants shall make their contributor records available to the
24 fundraising representative for screening purposes.
25 (b) The fundraising representative and participants shall review contributor
26 records and determine whether any contributions violate the provisions of R.S.
27 18:1505.5(B)(1).
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1 (c)The fundraising representative shall keep a record of the total amount of
2 contributions received from the prohibited source, if any, and of all transfers of
3 prohibited contributions to participants that may lawfully accept them.
4 (2) The fundraising representative and all participants are responsible for
5 complying with this Section.
6 K. If one or more participants may lawfully accept prohibited contributions,
7 the participants or joint fundraising representative may either establish a second
8 depository account for contributions received from prohibited sources, or may
9 forward such contributions directly to the appropriate participant or participants ans
10 shall clearly indicate the separate disbursements in the books of the separate
11 committee.
12 L. The fundraising representative shall deposit all joint fundraising proceeds
13 in the separate depository account. the fundraising representative may distribute the
14 fundraising proceeds to participants after all contributions are received and all
15 expenses are paid.
16 (1) The fundraising representative shall report contributions for the separate
17 committee in the reporting period during which they are received.
18 (2) For reporting purposes, the date of receipt of a contribution by the joint
19 fundraising representative or separate committee shall be deemed the date that the
20 contribution is actually received. For electronic transmission of a contribution, the
21 date of completed transmission is the date of receipt.
22 (3) Participants shall report joint fundraising proceeds in accordance with
23 R.S. 18:1491.6, 1491.6.1, and 1491.7 in the reporting period in which they are
24 received by the joint fundraising representative or separate committee regardless of
25 whether the funds have been distributed to participants. If any contributor's
26 information is not known by the close of the reporting period, the participant or
27 participants shall report all available information and amend the appropriate report
28 once all contributor information is known, but no later than fifteen days later than the
29 close of the prior reporting period.
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1 M. The joint fundraising representative shall retain all records required under
2 R.S. 18:1491.5 regarding fundraising disbursements for a period of six years.
3 Commercial fundraising firms or agents shall provide such information to the
4 fundraising representative.
5 N. The maximum contribution that may be accepted by the joint fundraising
6 representative or the joint fundraising representative on behalf of the separate
7 committee shall not exceed the contribution limitations se forth in R.S. 18:1505.2(H)
8 for each participant in the aggregate less any contributions previously received by
9 each respective participant from the specific contributor or contributors.
10 (1) Contributions may be designated for a specific participant or group of
11 participants. In this case, the calculation of the maximum contribution limitation for
12 that specific contribution shall only include the maximum lawful amount for the
13 participant or participants from the particular contributor or contributors.
14 (2) For maximum contribution limitation calculation purposes, gross
15 proceeds shall be considered for the calculation of the amount of funds received by
16 each participant.
17 O. The fundraising representative shall allocate proceeds according to the
18 allocation formula stated in the joint fundraising agreement.
19 (1) If distribution according to the allocation formula extinguishes the debt
20 of any participant and results in a surplus, the joint fundraising representative shall
21 either reallocate the excess funds to other participants that may lawfully accept the
22 funds, or otherwise return the surplus funds to the contributor.
23 (2) If distribution funds under the allocation formula results in a violation of
24 the contribution limits under R.S. 18:1505.2(H) or federal law, the joint fundraising
25 representative shall either reallocate the excess funds to other participants that may
26 lawfully accept the funds, or otherwise return the surplus funds to the contributor.
27 (3) Reallocation of surplus funds shall be based upon the remaining
28 participants' proportionate shares under the allocation formula. If reallocation results
29 in a violation of a contribution limit under R.S. 18:1505.2(H) or federal law, the joint
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1 fundraising representative shall return to the contributor the amount of the
2 contribution that exceeds the limit.
3 (4) Notwithstanding Paragraph (3) of this Subsection, designated
4 contributions which exceed the contributor's limit to be designated participant may
5 not be reallocated by the fundraising representative absent the prior written
6 permission of the contributor.
7 P. Payment of expenses shall be made by the joint fundraising representative
8 from the gross proceeds of each fundraising event.
9 (1) The joint fundraising representative shall calculate each participant's share
10 of expenses based on the allocation formula set forth in the joint fundraising
11 agreement. If any contributions are received from prohibited sources and distributed
12 to participants that may lawfully accept such contributions, those funds shall not be
13 included in gross proceeds for the purpose of allocating expenses under this Section.
14 Such funds shall be recorded in the books of the separate committee.
15 (2) The joint fundraising representative shall calculate each participant's share
16 of the proceeds by subtracting fundraising expenses from the gross proceeds and then
17 distribute net proceeds to each participant based on the allocation formula set forth
18 in the joint fundraising agreement.
19 (3) Expenses paid on behalf of another participant shall be treated as a
20 contribution, subject to the limits provided in R.S. 18:1505.2.
21 (4) The expenses from a series of fundraising events or activities shall be
22 allocated among the participants on a pre-event basis regardless of whether the
23 participants change or remain the same throughout the series.
24 Q. If the fundraising representative reports all funds received in the reporting
25 period in which they are received, the fundraising representative shall submit a
26 statement detailing the total amount of contributions received from prohibited
27 sources during the reporting period, if any, by submitting an addendum to the
28 campaign finance report to the supervisory committee via email, regular mail,
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1 facsimile or hand delivery, or additionally by any other method designated by the
2 supervisory committee.
3 R. After distribution of net proceeds, each participating political committee
4 shall report its share of net proceeds as a transfer-in from the fundraising
5 representative.
6 * * *
7 §1495.3. Maintenance of records; valuation of in-kind contributions and
8 expenditures
9 * * *
10 B.
11 * * *
12 (2)
13 * * *
14 (a) In the case of any single transaction involving the sale of raffle tickets or
15 of items such as campaign pins, buttons, badges, flags, emblems, hats, banners,
16 literature, and similar material which is for an amount not in excess of twenty-five
17 fifty dollars and the proceeds of which are received and deposited by a candidate, no
18 record need be kept by the campaign treasurer for such recipient candidate, except
19 the total amount received and deposited from such sale and the fact that such amount
20 was received from such sale.
21 * * *
22 §1495.4. Reports required; reporting times and periods; extension
23 * * *
24 C. During the period beginning at midnight of the twentieth day prior to a
25 primary election and extending through midnight of primary election day, and during
26 the period beginning at midnight of the twentieth day prior to a general election and
27 extending through midnight of general election day, each candidate shall file a report
28 with the supervisory committee of:
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1 (1)(a) The full name and address of each person from whom the candidate
2 has received and accepted a contribution or loan during such period in excess of the
3 following amounts: a candidate for any major office, one two thousand dollars; a
4 candidate for district office, five hundred one thousand dollars; a candidate for any
5 other office, two hundred fifty five hundred dollars.
6 * * *
7 (2) Any expenditure in excess of two five hundred dollars made to a
8 candidate, committee, or person required to file reports by this Chapter, who makes
9 endorsements, including the full name and address of each person to whom such
10 expenditure is made, the amount, date, and purpose of each such expenditure, and
11 a brief description and valuation of an in-kind expenditure.
12 * * *
13 D.
14 * * *
15 (3)(a) A report need not be filed under this Subsection if the candidate is not
16 an elected public official and shows either a deficit or a surplus of less than two
17 thousand five hundred five thousand dollars. However, if the candidate is not an
18 elected public official and his deficit or surplus is equal to or greater than two
19 thousand five hundred five thousand dollars, the candidate shall file supplemental
20 reports with the supervisory committee of all information required in R.S. 18:1495.5.
21 Such report shall be filed annually no later than February fifteenth and shall be
22 complete through the preceding December thirty-first. Such report shall be filed
23 each year for five years or until a report has been filed which shows no deficit or
24 surplus.
25 * * *
26 §1495.5. Reports; contents
27 * * *
28 B. Each report required to be in conformity with this Section shall contain
29 the following information:
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1 * * *
2 (5)(a) The gross proceeds received and accepted by the candidate during the
3 reporting period from the sale of items such as political campaign pins, buttons,
4 badges, flags, emblems, hats, banners, literature, and similar materials. Purchases
5 of such campaign items and materials which are made by the same person and which
6 are of such amount as to be reportable, either singly or in the aggregate, as required
7 in Paragraph (4) of this Subsection, shall be so reported; however, single transactions
8 to purchase campaign items or materials which are not in excess of twenty-five fifty
9 dollars must be reported only in the report of gross proceeds and shall not be
10 required to be reported as provided in Paragraph (4) of this Subsection.
11 (b) The gross proceeds received and accepted by the candidate during the
12 reporting period from the sale of raffle tickets. Purchases of raffle tickets that are
13 made by the same person and are of such amount as to be reportable, either singly
14 or in the aggregate, as provided in Paragraph (4) of this Subsection, shall be so
15 reported; however, single transactions to purchase raffle tickets which are not in
16 excess of twenty-five fifty dollars must be reported only in the report of gross
17 proceeds and shall not be required to be reported as provided in Paragraph (4) of this
18 Subsection.
19 * * *
20 (9) The date and amount of each loan for campaign purposes made or
21 received by the candidate to or from any person or political committee during the
22 reporting period, together with the full name and address of the lender, of the
23 recipient of the proceeds of the loan, and of any person who makes any type of
24 security agreement binding himself or his property, directly or indirectly, for the
25 repayment of all or any part of the loan.
26 * * *
27 §1495.6. Small campaigns; affidavit in lieu of reports
28 Any candidate, for a major or district office required by this Chapter to file
29 reports of information as provided in R.S. 18:1495.5, who did not receive a
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1 contribution in excess of two five hundred dollars and who did not make
2 expenditures totaling in excess of five ten thousand dollars in the aggregate during
3 the aggregating period, may file an affidavit setting out such facts in lieu of each
4 report required by R.S. 18:1495.4, but a separate affidavit shall be required in lieu
5 of each such report.
6 * * *
7 §1501.1. Reports by persons not candidates or committees
8 A.(1) Any person, other than a candidate or a political committee, who
9 makes any expenditure or who accepts a contribution, for paid advertising
10 disseminated through any federally regulated broadcast media; for any mass mailing
11 of more than five hundred pieces of identical or substantially similar materials within
12 any thirty day period; for for paid digital advertising, phone bank of more than five
13 hundred telephone calls of an identical or substantially similar nature within any
14 thirty day period, or publication of paid print advertising which contains the name
15 or image of a candidate; is made within thirty days before a primary, party primary,
16 or second party primary election or sixty days before any other election in which the
17 candidate will appear on the ballot; is targeted to the relevant electorate in the
18 geographic area the candidate would represent if elected; and includes express
19 advocacy or the only reasonable conclusion to be drawn from the presentation and
20 content of the communication is that it is intended to appeal to vote for or against a
21 specific candidate or for or against the recall of a specific elected official other than
22 to or from a candidate or to or from a political committee, shall file reports if either
23 said expenditures or said contributions exceed five hundred one thousand dollars in
24 the aggregate during the aggregating period as defined for committees.
25 (2) Each person, other than a candidate or political committee, who makes
26 an expenditure for purposes of canvassing, irrespective of the amount expended,
27 shall submit in writing to the candidate or political independent expenditure only
28 committee, political committee, or principal campaign committee on whose behalf
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1 such expenditure was made the name, address and the last four digits of the social
2 security number of each individual to whom such an expenditure was made.
3 B. Such reports shall be filed at the same time, shall contain the same
4 information, and shall be certified correct in the same manner as reports required of
5 political principal campaign committees by this Chapter.
6 C. In addition to the reports filed in Subsection B of this Section, during the
7 period beginning at midnight of the twentieth day prior to a primary election and
8 extending through midnight of primary election day, and during the period beginning
9 at midnight of the twentieth day prior to a general election and extending through
10 midnight of general election day, any person, other than a candidate or a political
11 committee, who makes any expenditure or who accepts a contribution, other than to
12 or from a candidate or to or from a political committee, shall file a report with the
13 supervisory committee of:
14 * * *
15 §1505.2. Contributions; expenditures; certain prohibitions and limitations
16 A.(1) No person shall give, furnish, or contribute monies, materials, supplies,
17 or make loans to or in support of a candidate or to any political committee, through
18 or in the name of another, directly or indirectly. This prohibition shall not apply to
19 dues or membership fees of any membership organization or corporation made by
20 its members or stockholders, if such membership organization or corporation is not
21 organized primarily for the purpose of supporting, opposing, or otherwise
22 influencing the nomination for election, or election of any person to public office.
23 * * *
24 B.(1) No candidate, political committee, or other person required to file
25 reports under this Chapter shall make any expenditure from funds the source of
26 which is anonymous, and any contribution received by a candidate, political
27 committee, or other person required to file reports under this Chapter from an
28 anonymous source and deposited shall be reported as provided in R.S.
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1 18:1491.7(B)(19) and R.S. 18:1495.5(B)(18) and shall escheat to the state and shall
2 be paid over to the state by such candidate, political committee, or other such person.
3 (2) Any single transaction involving the sale of items such as political
4 campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar
5 materials, which transaction is for not in excess of twenty-five fifty dollars and in
6 which transaction the purchaser is not known, shall not be deemed to constitute an
7 anonymous contribution under the provisions of this Subsection.
8 C.(1) No person shall make a cash contribution to a candidate or a committee
9 and no candidate or committee shall receive cash contributions in excess of one two
10 hundred dollars during any calendar year. Any contribution in excess of such one
11 two hundred dollar aggregate amount, other than an in-kind contribution, shall be
12 made by an instrument containing the name of the donor and the name of the payee.
13 (2) Upon receipt of a cash contribution of one two hundred dollars or less,
14 the candidate or committee receiving the contribution shall provide to the contributor
15 a receipt for the exact amount of the contribution; such receipt shall contain the name
16 and address of the contributor, shall be signed by the contributor, and the candidate
17 or committee receiving the contribution shall retain a copy of the receipt. If the
18 contributor refuses to furnish his name or address or refuses to sign the receipt, the
19 contribution shall be immediately returned to said contributor. If the contributor is
20 unable to write, he shall affix his mark to the receipt, and the person receiving the
21 contribution shall affix the name of the incapacitated person to the receipt, provided
22 he does so in the presence of a witness who shall also sign his name as witness to the
23 mark. The copy of the receipt retained by the candidate or committee provided for
24 in this Subsection shall be available to the supervisory committee for inspection.
25 The supervisory committee shall promulgate rules and regulations relative to the
26 receipt required by this Subsection.
27 D.
28 * * *
29 (3)
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1 * * *
2 (b)(i) No organization, other than a political committee or independent
3 expenditure only committee, shall directly or indirectly have as a condition of
4 membership or participation the requirement that a person make a contribution to
5 such organization which will be used by such organization for the purpose of
6 supporting, opposing, or otherwise influencing the nomination or election of any
7 person to public office, for the purpose of supporting or opposing a proposition or
8 question submitted to the voters, or for the purpose of supporting or opposing the
9 recall of a public officer.
10 * * *
11 (c) For the purposes of this Paragraph, "organization" shall mean a
12 partnership, association, labor union, political committee, corporation, or other legal
13 entity, including its subsidiaries.
14 (4) No political committee, candidate, or other person shall knowingly and
15 willfully make a contribution or expenditure using funds which were obtained
16 through practices prohibited in this Subsection.
17 (5) Any contribution received by a candidate, political committee, or other
18 person required to file reports under this Chapter which was obtained through
19 practices prohibited in this Subsection shall be reported as provided in R.S.
20 18:1491.7(B)(21) and 1495.5(B)(20) and shall escheat to the state and shall be paid
21 over to the state by such candidate, political committee, or other such person.
22 * * *
23 F. No profit or nonprofit corporation, labor organization, or trade, business,
24 or professional association shall make any campaign contribution or expenditure
25 unless specifically authorized to do so whether: by the vote of the board of directors
26 of the corporation, of the executive board of the labor organization or of the trade,
27 business, or professional association at a regular or special meeting thereof; by the
28 president, vice president, secretary, or treasurer of a corporation or labor
29 organization whom the board has specifically empowered to authorize such
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1 contributions or expenditures, or, for a corporation, by any other person designated
2 by resolution of the board of directors of a corporation to authorize contributions or
3 expenditures; or by a vote of the membership of the labor organization. No profit or
4 nonprofit corporation, labor organization or trade, business, or professional
5 association shall make any contribution or expenditure, other than an in-kind
6 contribution or expenditure, except by check.
7 G. No committee shall receive contributions or loans or make expenditures
8 or loans, or make or receive a transfer of funds to or from another committee in the
9 aggregate in excess of five hundred one thousand dollars during a calendar year until
10 it has filed the annual statement of organization required by R.S. 18:1491.1. The
11 chairman and the treasurer of any committee which violates the provisions of this
12 Subsection shall be subject to the penalties provided in this Part. No candidate shall
13 make a contribution to any committee required to file an annual statement of
14 organization by the provisions of R.S. 18:1491.1 which has not filed such a
15 statement.
16 H.(1)
17 * * *
18 (b) The provisions of this Paragraph shall not apply to contributions made
19 to a candidate or the principal campaign committee or any subsidiary committee of
20 a candidate by a recognized political party or any committee thereof a committee
21 designated to receive such contributions on behalf of the state central committee of
22 the political party by joint fundraising agreement or otherwise.
23 * * *
24 (2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,
25 the following contribution limits are established for contributions by political
26 committees or leadership committee supporting or opposing a candidate for the
27 following offices:
28 * * *
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1 (b)(i) Notwithstanding the provisions of Paragraph (1) of this Subsection and
2 Subparagraph (a) of this Paragraph, the following campaign contribution limits are
3 established for contributions by political committees supporting or opposing a
4 candidate for the following offices, the membership of which political committee
5 exceeds two hundred fifty members as of the December thirty-first of the preceding
6 calendar year, and additionally, provided that at least two hundred fifty of the
7 members have each contributed at least one hundred fifty dollars to the political
8 committee during the preceding one-year period:
9 * * *
10 (c) If the contribution is made to a leadership committee, political
11 committee, or independent expenditure committee which is supporting or opposing
12 candidates for different offices, the highest applicable limit shall apply.
13 * * *
14 (g) Notwithstanding the provisions of Subparagraphs (a) and (b) of this
15 Paragraph, the contribution limit for contributions by a political committee,
16 leadership committee, or a principal campaign committee to a recognized political
17 party or any committee thereof designated to receive such contributions on behalf
18 of the state central committee of the political party by joint fundraising agreement
19 or otherwise shall be as provided in Subsection K of this Section.
20 (3)(a)(i) For purposes of this Subsection, a primary election and a general
21 election shall constitute two separate elections, and, if held, an election held pursuant
22 to R.S. 18:512 shall constitute a separate election.
23 * * *
24 (iii) For purposes of this Subsection, for candidates, principal campaign
25 committees, independent expenditure only committees, and political committees that
26 participate in a general election, the reporting period for the general election shall be
27 deemed to begin the day following the primary election.
28 (iv) For purposes of this Subsection, if a judgment orders only a new general
29 election, for candidates, principal campaign committees, independent expenditure
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1 only committee, and political committees that participate in the court-ordered general
2 election, the reporting period shall be deemed to begin the day following the
3 rendering of the judgment.
4 (v) For purposes of this Subsection, for candidates, principal campaign
5 committees, independent expenditure only committee, and political committees that
6 participate in an election held pursuant to R.S. 18:512, the reporting period for that
7 election shall be deemed to begin the day following the general election.
8 (vi) A candidate or his principal or subsidiary campaign committee may
9 receive contributions that are designated in writing, or made in accordance with a
10 properly noticed joint fundraising agreement, for use in connection with either the
11 general election or primary election in a single election cycle as provided in R.S.
12 18:1505.2.1.
13 * * *
14 (b) No person shall make a loan, transfer of funds, or contribution, including
15 but not limited to funds for any purchase of campaign materials for more than
16 twenty-five fifty dollars, funds for the purchase of testimonial tickets, and any in-
17 kind contribution, in the aggregate for all reporting periods for an election, as defined
18 in this Paragraph, including reporting periods for any supplemental reports required,
19 in excess of the contribution limits established in Paragraphs (1) and (2) of this
20 Subsection, except as otherwise specifically provided in this Subsection.
21 (c) No candidate including his principal campaign committee or leadership
22 committee and any subsidiary committee thereof, shall accept from the same
23 contributor a loan, transfer of funds, or contribution, including but not limited to
24 funds for any purchase of campaign materials for more than twenty-five fifty dollars,
25 funds for the purchase of testimonial tickets, and any in-kind contribution, in the
26 aggregate for all reporting periods of an election, as defined in this Paragraph,
27 including reporting periods for any supplemental reports, in excess of the
28 contribution limits established in Paragraph (1) of this Subsection, except as
29 otherwise specifically provided in this Subsection, and except that the provisions of
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1 Paragraph (2) shall apply for contributions accepted from a political committee
2 leadership committee, political committee, or principal campaign committee. The
3 provisions of this Subparagraph shall not apply to recognized political parties and
4 their state central committees.
5 (d) After January 1, 1989, no No person shall make a loan, transfer of funds,
6 or contribution to a candidate including his principal campaign committee or
7 leadership committee with funds loaned to him without disclosing to the candidate
8 or his committee the source of the funds. A candidate or his committee receiving
9 such a loan, transfer of funds, or contribution shall not only report the name of the
10 contributor, but also the source of the funds contributed.
11 * * *
12 I.(1)(a) On and after January 1, 1991, contributions received by candidate
13 or a political committee may be expended for any lawful purpose, but such funds
14 shall not be used, loaned, or pledged by any person for any personal use unrelated
15 to a political campaign, the holding of a public office or party position, or, in the case
16 of a political committee, other than a candidate's principal campaign committee or
17 subsidiary committee, the administrative costs or operating expenses of the political
18 committee; except that excess campaign funds may be returned to contributors on
19 a pro rata basis, given as a charitable contribution as provided in 26 USC 170(c),
20 given to a charitable organization as defined in 26 USC 501(c)(3), expended in
21 support of or in opposition to a proposition, political party, or candidacy of any
22 person, or maintained in a segregated fund for use in future political campaigns or
23 activity related to preparing for future candidacy to elective office. However, the use
24 of campaign funds of a candidate or his principal or subsidiary committees to
25 reimburse a candidate for expenses related to his political campaign or his holding
26 of a public office or party position shall not be considered personal use by the
27 candidate. If a candidate is required by state or federal law to pay taxes on the
28 interest earned by campaign funds of the candidate or any political committee of the
29 candidate, the candidate may use the interest on which such tax is paid for such
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1 purpose. A payment from campaign funds shall not be considered as having been
2 spent for personal use when the funds are used to replace articles lost, stolen, or
3 damaged in connection with the campaign. Contributions received by a candidate or
4 a candidate's principal campaign committee, may be expended for any lawful
5 purpose, but such funds shall not be used, loaned, or pledged by any person for any
6 personal use that is unrelated to any of the following:
7 (i) Supporting or nominating the candidate for election to a public office.
8 (ii) A political campaign supporting or opposing or otherwise influencing the
9 nomination or election of a person to public office.
10 (iii) Supporting or opposing a proposition or question submitted to the
11 voters.
12 (iv) Supporting or opposing the recall of a public officer.
13 (v) Contributions to another candidate's principal campaign committee, to
14 a political committee, or an independent expenditure only committee.
15 (vi) Contributions to a gubernatorial transition and inauguration.
16 (vii) Donations to an organization qualifying under Section 501 of the United
17 States Internal Revenue Code.
18 (viii) Lobbying.
19 (ix) The holding of a public office or party position.
20 (x) The administrative costs or operating expenses of the committee.
21 (b) Contributions received by a candidate's leadership committee may be
22 expended for any lawful purpose, but such funds shall not be used, loaned, or
23 pledged by any person for any personal use that is unrelated to any of the following:
24 (i) Holding of the candidate's public office or party position.
25 (ii) Supporting or opposing a proposition or question submitted to the voters.
26 (iii) Supporting or opposing the recall of a public officer other than the
27 candidate.
28 (iv) Making contributions to another candidate's principal campaign
29 committee, a committee other than the elected official's principal campaign
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1 committee and any subsidiary committee thereof or an independent expenditure only
2 committee.
3 (v) A gubernatorial transition and inauguration.
4 (e) Making donations to any organization qualifying under Section 501 of the
5 United States Internal Revenue Code.
6 (f) Lobbying.
7 (g) Administrative costs or operating expenses of the leadership committee.
8 (c) Contributions received by a political committee, other than a candidate's
9 principal committee or a subsidiary committee thereof, may be expended for any
10 lawful purpose, but such funds shall not be used, loaned, or pledged by any person
11 for any use unrelated to any of the following:
12 (i) Supporting or opposing a proposition, political party, or candidacy of any
13 person.
14 (ii) Supporting or opposing a proposition or question submitted to the voters
15 (iii) Supporting or opposing the recall of a public officer.
16 (iv) Contributions to a candidate's principal campaign committee, to a
17 leadership committee or an independent expenditure only committee.
18 (v) Contributions to a gubernatorial transition and inauguration.
19 (vi) Donations to an organization qualifying under Section 501 of the United
20 State Internal Revenue Code.
21 (vii) Lobbying.
22 (viii) Administrative costs or operating expenses of the political committee.
23 (d) Contributions received by an independent expenditure only committee
24 may be expended for any lawful purpose, but such funds shall not be used, loaned,
25 or pledged by any person for any use unrelated to any of the following:
26 (i) Supporting or opposing, or otherwise influencing the nomination or
27 election of a person to public office.
28 (ii) Supporting or opposing a proposition to question submitted to the voters.
29 (iii) Supporting or opposing the recall of a public officer.
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1 (iv) Contributions to a leadership committee or another independent
2 expenditure only committee.
3 (v) Contributions to a gubernatorial transition or inauguration.
4 (vi) Donations to an organization qualifying under Section 501 of the United
5 States Internal Revenue Code.
6 (vii) Lobbying.
7 (viii) The administrative costs or operating expenses of the independent
8 expenditure only committee.
9 (e) Contributions received by a candidate or a committee may be returned
10 to contributors.
11 (f) Excess campaign contributions received by a candidate or a candidate's
12 principal campaign committee and not expended during a party primary, primary, or
13 general election may be maintained in a segregated fund or a fund of the candidate's
14 principal campaign committee for use in future political campaigns, activity related
15 to preparing for future candidacy to elective office, or for any lawful purpose, but
16 such finds shall not be used for any personal use unrelated to any of the following:
17 (i) Supporting or nominating the candidate for election to a public office.
18 (ii) A political campaign supporting or opposing, or otherwise influencing the
19 nomination or election of a person to public office.
20 (iii) Supporting or opposing a proposition or question submitted to the
21 voters.
22 (iv) Supporting or opposing the recall of a public officer.
23 (v) Contributions to another candidate's principal campaign committee or to
24 a political committee or an independent expenditure only committee.
25 (vi) Contributions to a gubernatorial transition and inauguration.
26 (vii) Donations to an organization qualifying under section 501 of the United
27 States Internal Revenue Code.
28 (viii) Lobbying.
29 (ix) The holding of a public office or party position.
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1 (x) The administrative costs or operating expenses of the committee.
2 (g) The following expenditures shall not be considered to be personal use by
3 the candidate:
4 (i) Expenses related to the attendance of political or professional events for
5 the candidates and any accompanying spouse and children, including:
6 (aa) Washington Mardi Gras.
7 (bb) Political party conventions, caucuses, and conferences.
8 (cc) Conventions and conferences of professional associations for
9 officeholders or governmental officials.
10 (dd) Conventions and conferences of issue or social advocacy groups.
11 (ii) Reasonable costs of security measures for a candidate, elected official,
12 or member of their family, or campaign employees, including, but not limited to:
13 (aa) Non-structural security devises, such as security hardware, locks, alarm
14 systems, motion detectors, and security camera systems.
15 (bb) Structural security devises, such as wiring, lighting, gates, doors, and
16 fencing, so long as such devices are intended solely to provide security and not to
17 improve the property or increase its value.
18 (cc) Security personnel and services that are bona fide, legitimate, and
19 professional.
20 (dd) Cybersecurity software, devices, and services.
21 (h) The following expenditures shall be considered to be personal use by the
22 candidate:
23 (i) Household food items or supplies.
24 (ii) Funeral, cremation, or burial expenses except those incurred for a
25 candidate or an employee or volunteer of an authorized committee whose death
26 arises out of, or in the course of, campaign activity.
27 (iii) Clothing, other than items of de minimis value that are used in the
28 campaign, such as campaign "T-shirts" or caps with campaign slogans, or specialized
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1 apparel necessary to attend a specific fundraising event or event related to the
2 holding of office.
3 (iv) Tuition payments, other than those associated with training campaign
4 staff.
5 (v) Mortgage, rent or utility payments:
6 (aa) For any part of any personal residence of the candidate or a member of
7 the candidate's family.
8 (bb) For real or personal property that is owned by the candidate or a
9 member of the candidate's family and used for campaign purposes, to the extent the
10 payments exceed the fair market value of the property usage.
11 (vi) Dues, fees or gratuities at a country club, health club, recreational
12 facility or other nonpolitical organization, unless they are part of the costs of a
13 specific fundraising event that takes place on the organization's premises or as part
14 of organizational activities.
15 (vii) The use of campaign funds of a candidate or his principal or subsidiary
16 committees to reimburse a candidate for expenses related to his political campaign
17 or his holding of a public office or party position;
18 (viii) If a candidate or committee is required by state of federal law to pay
19 taxes on the interest earned by campaign funds of the candidate or the funds of any
20 committee, the use of the interest by the candidate or committee on which such tax
21 is paid to pay such taxes.
22 (ix) Any interest payments made to a candidate from campaign funds of such
23 candidate or any principal campaign committee or leadership committee of such
24 candidate on loans made by the candidate to his campaign, his principal campaign
25 committee, or his leadership committee, shall not be considered as having been spent
26 for personal use to the extent that the interest charged on such loans does not exceed
27 the judicial interest rate at the time the loan was make.
28 (x) Funds used by a candidate or a principal campaign committee to replace
29 articles lost, stolen, or damaged in connection with the campaign.
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1 (xi) Funds used by a leadership committee to replace articles lost, stolen, or
2 damaged in connection with the operations of the leadership committee or the
3 holding of public office or party position by the public officer.
4 * * *
5 (5)(a) No candidate nor the principal or any subsidiary political committee
6 of a candidate candidate, nor any leadership committee of any public official, shall
7 use a contribution, loan, or transfer of funds received by such candidate or committee
8 to make any payment or expenditure to any immediate family member of the
9 candidate.
10 (b) This Paragraph shall not prohibit a payment or expenditure to a business
11 in which an immediate family member has any ownership interest, provided that all
12 of the following apply:
13 * * *
14 (ii) The payment or expenditure is made solely for campaign purposes
15 provided for in Subsection (I)(1)(a) and (b) of this Section.
16 * * *
17 (c) This Paragraph shall not prohibit a candidate nor the principal or any
18 subsidiary political committee of a candidate from using a contribution, loan, or
19 transfer of funds received by such candidate or committee to make a contribution,
20 loan, or transfer of funds to any immediate family member who is a candidate or
21 public official or to any principal or subsidiary political committee or leadership
22 committee of such family member who is a candidate.
23 * * *
24 (6) No candidate, political committee, principal campaign committee, or
25 leadership committee or other person required to file reports pursuant to this Chapter,
26 shall use a contribution, loan, or transfer of funds received by such candidate,
27 principal campaign committee, leadership committee, or person to purchase
28 immovable property or a motor vehicle. For purposes of this Paragraph, "motor
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1 vehicle" shall have the same meaning as provided in R.S. 32:781, except that "motor
2 vehicle" shall not include a "trailer" as that term is defined in R.S. 32:1252.
3 (7) Contributions made in excess of the limits provided in this Section to a
4 candidate, principal campaign committee, political committee, or leadership
5 committee shall be returned by the candidate, political committee, or other person
6 required to file reports under this Chapter to the contributor by check drawn on the
7 campaign account. If the check is not negotiated within six months of the date of the
8 check, the excess amount shall be presumed abandoned and shall be paid,
9 transferred, or caused to be paid or transferred in accordance with the Uniform
10 Unclaimed Property Act of 1997 by the candidate, political committee, or other
11 person required to file reports under this Chapter not later than February fifteenth of
12 the calendar year after the calendar year in which the excess amount was presumed
13 abandoned.
14 J.
15 * * *
16 (2) The supervisory committee shall institute civil proceedings to collect the
17 civil penalties provided for in this Subsection as soon as the supervisory committee
18 determines, as a result of its review and investigation of any sworn complaint or
19 other document or information received by the supervisory committee, that a
20 violation of Subsection H or I of this Section has occurred. If the supervisory
21 committee makes a determination of such violation at least ten days prior to the
22 election in which the candidate, treasurer, or chairman of a political committee in
23 apparent violation is participating, the supervisory committee shall institute such
24 civil proceedings at least by the fourth calendar day prior to the election.
25 K.(1) No person shall contribute more than one hundred thousand dollars per
26 calendar year to any political committee or leadership committee or to any subsidiary
27 committee of such political committee or leadership committee, other than the
28 principal or any subsidiary committee of a candidate. Such limitation on a
29 contribution shall not apply to any contribution from a national political party
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1 committee to an affiliated regional or state political committee designated to received
2 such contributions on behalf of the state central committee of a political party by
3 joint fundraising agreement or otherwise. However, during any four-year calendar
4 period commencing January 1, 2023, and every fourth year thereafter, no political
5 committee or leadership committee or subsidiary of such political committee or
6 leadership committee, other than the principal or any subsidiary committee of a
7 candidate, shall accept more than two hundred fifty thousand dollars from any
8 person.
9 (2) No person shall contribute more than two hundred fifty thousand dollars
10 per calendar year to a recognized political party or any committee thereof designated
11 to receive such contributions on behalf of the state central committee of the political
12 party by joint fundraising agreement or otherwise. However, during any four-year
13 calendar period commencing January 1, 2023, and every fourth year thereafter, no
14 recognized political party or any committee thereof designated to receive such
15 contributions on behalf of the state central committee of the political party by joint
16 fundraising agreement or otherwise shall accept more than four hundred thousand
17 dollars from any person.
18 (3) The provisions of this Subsection shall not apply to contributions made
19 by a recognized political party or any committee thereof designated to receive such
20 contributions on behalf of the state central committee of the political party by joint
21 fundraising agreement or otherwise.
22 L.
23 * * *
24 (2) No person to whom this Subsection is applicable as provided in
25 Paragraph (3) of this Subsection shall make a contribution, loan, or transfer of funds,
26 including but not limited to any in-kind contribution, as defined in this Chapter, to
27 any candidate, any political principal campaign committee of any such candidate, or
28 any subsidiary committee thereof, any leadership committee, or to any other political
29 committee which supports or opposes any candidate. This Section shall not prohibit
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1 contributions made to any account of a political committee affiliated with a
2 recognized political party organized under the laws of another jurisdiction, where the
3 account is segregated and no funds from such segregated account are used to support
4 or oppose any candidate in this state or any political committee of any candidate in
5 this state, provided that any person to whom this Section applies shall expressly
6 request, prior to making a contribution, that such political committee shall not use
7 such funds to support or oppose any candidate or any political committee of any
8 candidate in Louisiana.
9 * * *
10 (4) This Subsection shall not prohibit an expenditure by a candidate for his
11 own campaign or a contribution, loan, or transfer of funds by a candidate to his own
12 political principal campaign committee or leadership committee.
13 * * *
14 M.(1) No foreign national shall, directly or through any other person, make
15 any contribution of money or other thing of value, or promise expressly or impliedly,
16 any such contribution, made as follows:
17 (a) in In connection with an election to any political office or in connection
18 with any primary election, convention, or caucus held to select candidates for any
19 political office;.
20 (b) In connection with a proposition or question submitted to the voters.
21 (c) In connection with the recall of a public officer.
22 (d) To any committee.
23 (e) To a gubernatorial transition and inauguration as authorized by R.S.
24 18:1501.3.
25 (2) nor shall any No person shall solicit, accept, or receive any such
26 contribution provided for in Paragraph (1) of this Subsection from such foreign
27 national.
28 (2) (3) As used in this Subsection, "foreign national" means:
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1 (a) A foreign principal such as a government of a foreign country or a
2 foreign political party, except that "foreign national" shall not mean any individual
3 except an individual described in Subparagraphs (c), (d), or (e) of this Paragraph.
4 (b) A partnership, association, corporation, organization, or other
5 combination of persons organized under the laws of or having its principal place of
6 business in a foreign country, unless authorized and qualified to do business in
7 Louisiana.
8 (c) An individual who is not a citizen of the United States and who is not
9 lawfully admitted for permanent residence and accorded the privilege of residing
10 permanently in the United States as an immigrant.
11 (d) An individual:
12 (i) Who is a citizen of a foreign government determined by the United States
13 secretary of commerce to have engaged isn a long-term pattern or serious instances
14 of conduct significantly adverse to the national security of the United States or
15 security and safety of the United states person as listed in 15 CFR §7.4
16 Determination of Foreign Adversaries, as amended or renumbered.
17 (ii) Who is a citizen of a foreign government designated a state sponsor of
18 terrorism under Section 6(j) of the Export Administration Act; and
19 (iii) Who is not lawfully admitted for permanent residence and accorded the
20 privilege of residing permanently in the United States as an immigrant.
21 (e) Any foreign non-government person, including an individual, determined
22 by the United States secretary of commerce to have engaged in a long-term pattern
23 or serious instances of conduct significantly adverse to the national security of the
24 United States or security and safety of United States persons as listed in 15 CFR §7.4
25 Determination of Foreign Adversaries, as amended and renumbered.
26 (f) Any foreign terrorist organization as designated by the United States
27 secretary of state in accordance with Section 219 of the United States Immigration
28 and Nationality Act, Section 40 of the United States Arms Export Control Act, or
29 Section 620(A) of the United States Foreign Assistance Act.
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1 * * *
2 (3) (4)
3 (3)(a) Any person who makes a contribution, loan, or transfer of funds in
4 violation of this Subsection shall be subject to the penalties provided in R.S.
5 18:1505.5 and R.S. 18:1505.6.
6 (b) If a candidate, committee, or person required to file reports is notified by
7 the supervisory committee that a contribution, loan, or transfer of funds to such
8 candidate, committee, or person was made in violation of this Subsection, such
9 contribution, loan, or transfer of funds shall escheat to the state. Any such
10 contribution, loan, or transfer of funds, or an amount equal thereto, shall be paid over
11 to the state by the recipient candidate, committee, or other person required to file
12 reports within ten business days after the recipient candidate, committee, or person
13 required to file reports is notified by the supervisory committee that the contribution,
14 loan, or transfer of funds was made by a person prohibited by this Subsection from
15 making such contribution, loan, or transfer of funds.
16 * * *
17 O.(1) A fine, fee, or penalty assessed for a violation of this Chapter shall be
18 paid only by the person against whom the fine, fee, or penalty was assessed. All
19 such fines, fees, or penalties may be paid only with the personal funds of such person
20 or with contributions to the candidate, the candidate's principal campaign committee,
21 or the candidate's, leadership committee in accordance with Subsection I of this
22 Section; however, the supervisory committee may prohibit a candidate or elected
23 official from using contributions received by, or other campaign funds of, such
24 candidate or elected official or the principal or a subsidiary campaign committee or
25 leadership committee of such candidate or elected official to pay a fine, fee, or
26 penalty, assessed for a violation of this Chapter upon a finding that the violation was
27 intentional or egregious.
28 * * *
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1 P. No funds contributed which are subject to the Federal Election Campaign
2 Act of 1971, as amended, to or for a person who seeks election to an office subject
3 to the provisions of said Act shall be transferred, loaned, or contributed by a
4 candidate, his agent, or his federal campaign committee to the candidate, any
5 political principal campaign committee of such candidate, or to any other political
6 committee which supports election of the candidate; nor shall the candidate, his
7 federal campaign committee, or his agent use such funds to otherwise support his
8 candidacy.
9 Q.(1) No legislator or any principal or subsidiary campaign committee of a
10 legislator shall accept or deposit a contribution, loan, or transfer of funds or accept
11 and use any in-kind contribution, as defined in this Chapter, for his own campaign
12 during a regular legislative session.
13 (2) If a legislator or any principal or subsidiary committee of a legislator
14 receives accepts or deposits a contribution, loan, or transfer of funds during a regular
15 legislative session in violation of this Subsection, the legislator shall return such
16 contribution, loan, or transfer of funds to the contributor within ten days after the
17 receipt of such contribution, loan, or transfer of funds. Any contribution, loan, or
18 transfer of funds so returned shall not be deemed to be accepted.
19 (3)(a)(i) The provisions of this Subsection shall not prohibit an expenditure
20 by a legislator for his own campaign or a contribution, loan, or transfer of funds by
21 a legislator to his own political principal campaign committee or leadership
22 committee.
23 * * *
24 R.
25 * * *
26 (2) If the governor or any principal or subsidiary committee of the governor
27 receives accepts or deposits a contribution, loan, or transfer of funds in violation of
28 this Subsection, the governor shall return such contribution, loan, or transfer of funds
29 to the contributor within ten days after the receipt of such contribution, loan, or
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1 transfer of funds. Any contribution, loan, or transfer of funds so returned shall not
2 be deemed to be accepted.
3 (3)(a)(i) The provisions of this Subsection shall not prohibit an expenditure
4 by the governor for his own campaign or a contribution, loan, or transfer of funds by
5 the governor to his own political principal campaign committee or leadership
6 committee.
7 * * *
8 §1505.3. Subterfuge to avoid compliance with Chapter
9 * * *
10 B. As more specifically provided in R.S. 18:1491.2(B) no political
11 committee or independent expenditure only committee shall dissolve and reorganize
12 under a modified name, charter, or organizational structure as a subterfuge to avoid
13 the reporting and other requirements of this Chapter. The chairman of any
14 committee(s) which violates the provisions of said Subsection B shall be subject to
15 the penalties provided in R.S. 18:1505.4, R.S. 18:1505.5, and R.S. 18:1505.6.
16 * * *
17 D.(1)(a) No public relations firm, advertising agency, media buyer, or other
18 person who purchases media advertising time or space shall accept payment for
19 placing any advertisement which purports to be paid for by a particular candidate or
20 political committee from any source other than such candidate or political
21 committee.
22 * * *
23 (2)(a)(i) No person shall pay for an advertisement which purports to be paid
24 for by a particular candidate or political committee without the consent of such
25 candidate or political committee.
26 * * *
27 (b) If a publisher or broadcaster of an advertisement which purports to be
28 paid for by a particular candidate or political committee accepts payment for such
29 an advertisement from any source other than such candidate or political committee,
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1 the publisher or broadcaster shall require, prior to publishing or broadcasting the
2 advertisement, that the person making the payment provide a written statement
3 containing the following:
4 * * *
5 (ii) A statement that the advertisement is being run with the knowledge and
6 consent of the candidate or political committee which the advertisement purports has
7 paid for the advertisement.
8 * * *
9 §1505.4. Civil penalties; failure to file; timely and accurate filing; forfeiture
10 A.(1) Any candidate, the treasurer or chairman of a political committee, or
11 any other person required to file any reports under this Chapter, who knowingly fails
12 to file or who knowingly fails to timely file any such reports as are required by this
13 Chapter may be assessed a civil penalty as provided in R.S. 18:1511.4.1 for each day
14 until such report is filed.
15 (2)(a) The amount of such penalty may be:
16 (i) One hundred dollars per day, not to exceed two thousand five hundred
17 dollars, for each candidate for major office and any treasurer or chairman of any
18 political committee designated as a principal campaign committee or subsidiary
19 committee of such a candidate.
20 (ii) Sixty dollars per day, not to exceed one thousand dollars, for any
21 candidate for district office and any treasurer or chairman of any political committee
22 designated as a principal campaign committee or subsidiary committee of such a
23 candidate.
24 (iii) Forty dollars per day, not to exceed five hundred dollars, for any
25 candidate for all other offices and any treasurer or chairman of any political
26 committee designated as a principal campaign committee or subsidiary committee
27 of such a candidate.
28 (iv) Forty dollars per day, not to exceed one thousand dollars, for any person
29 or the treasurer or chairman of any political committee or independent expenditure
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1 only committee, not supporting or opposing a candidate, but only supporting or
2 opposing any proposition or question submitted to the voters or any recall of a public
3 officer.
4 (v) Two hundred dollars per day, not to exceed three thousand dollars, for
5 the treasurer or chairman of any political committee or independent expenditure only
6 committee supporting or opposing a candidate, other than a candidate's principal or
7 subsidiary campaign committee.
8 * * *
9 (3)(a) If a person, other than a political committee or independent
10 expenditure only committee, required to file is supporting or opposing a candidate
11 or candidates, the penalty applicable to such candidate or candidates as provided in
12 Item (i), (ii), or (iii) of Subparagraph (2)(a) of this Subsection shall apply.
13 (b) If a person, other than a political committee or independent expenditure
14 only committee, required to file is supporting or opposing candidates with different
15 penalty levels, the penalty shall be the highest penalty for any such candidate.
16 * * *
17 B. Any candidate, the treasurer or chairman of any political committee, or
18 any other person required to file reports under this Chapter who knowingly and
19 willfully fails to disclose, or knowingly and willfully fails to accurately disclose, any
20 information required by this Chapter to be disclosed in the reports required herein,
21 may be assessed a civil penalty for each day until such information is disclosed by
22 amendment to the appropriate report of such candidate, political committee, or other
23 person. "Knowingly and willfully", for purposes of this Subsection, means conduct
24 which could have been avoided through the exercise of due diligence. Such penalties
25 shall be as provided in Subsection A above.
26 * * *
27 §1505.5. Civil penalties; violations of Chapter
28 * * *
29 B. The amount of such penalty shall be:
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1 (1) Not in excess of five hundred dollars for each candidate for a major
2 office and any treasurer or chairman of any political committee designated as a
3 principal campaign committee or subsidiary committee of such a candidate.
4 (2) Not in excess of three hundred dollars for any candidate for district office
5 and any treasurer or chairman of any political committee designated as a principal
6 campaign committee or subsidiary committee of such a candidate.
7 (3) Not in excess of one hundred dollars for any candidate for all other
8 offices and any treasurer or chairman of any political committee designated as a
9 principal campaign committee or subsidiary committee of such a candidate.
10 (4) Not in excess of one hundred dollars for any person or any treasurer or
11 chairman of any political committee, not supporting or opposing a candidate, but
12 only supporting or opposing any proposition or question submitted to the voters or
13 any recall of a public officer.
14 (5) Not in excess of one thousand dollars for the treasurer or chairman of any
15 political committee supporting or opposing a candidate, other than a candidate's
16 principal or subsidiary campaign committee.
17 C.(1)(a) If a person, other than a political committee, required to file is
18 supporting or opposing a candidate or candidates, the penalty applicable to such
19 candidate or candidates as provided in Paragraph (1), (2), or (3) of Subsection B of
20 this Section shall apply.
21 (b) If a person, other than a political committee, required to file is supporting
22 or opposing candidates with different penalty levels, the penalty shall be the highest
23 penalty for any such candidates.
24 * * *
25 §1505.6. Criminal penalties
26 A.(1) It shall be unlawful for any candidate, treasurer, or chairman of a
27 political committee, or any other person required to file reports under this Part to
28 knowingly, wilfully, and fraudulently fail to file or knowingly, wilfully, and
29 fraudulently fail to timely file any such report.
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1 (2) Any candidate, treasurer, or chairman of a political committee, or any
2 other person required to file reports under this Chapter who knowingly, wilfully, and
3 fraudulently fails to file such report or knowingly, wilfully, and fraudulently fails to
4 file such report timely shall, upon conviction, be sentenced to not more than six
5 months in a parish jail or to pay a fine of not more than five hundred dollars, or both.
6 B.(1) It shall be unlawful for any candidate, treasurer, or chairman of a
7 political committee, or any other person required to file reports under the Chapter
8 knowingly, wilfully, and fraudulently to fail to disclose, or knowingly, wilfully, and
9 fraudulently to disclose inaccurately, any information required to be disclosed in the
10 reports required by this Chapter.
11 (2) Any candidate, treasurer, or chairman of a political committee, or any
12 other person required to file such reports who knowingly, wilfully, and fraudulently
13 fails to disclose any such information or who knowingly, wilfully, and fraudulently
14 fails to accurately disclose such information shall, upon conviction, be sentenced to
15 not in excess of six months in the parish jail or to pay a fine of not more than five
16 hundred dollars, or both.
17 C. Any candidate, chairman of a political committee, treasurer, person
18 required to file reports under this Chapter, or any other person who knowingly,
19 wilfully, and fraudulently violates any provision of R.S. 18:1505.2 or R.S.
20 18:1505.3, or any other provision of this Chapter shall, upon conviction, be
21 sentenced to not in excess of six months in the parish jail or to pay a fine of not more
22 than five hundred dollars, or both.
23 * * *
24 §1511.2. Supervisory Committee; rule-making authority; advisory opinions;
25 inquiries
26 * * *
27 B. The supervisory committee may render an advisory opinion concerning
28 the application of a general provision of this Chapter, or a general provision
29 prescribed as a rule or regulation by the committee. The supervisory committee shall
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1 publish its advisory opinions on its website in an easily searchable format. The
2 supervisory committee may render an opinion in response to a request by any public
3 official, any candidate for public office, any political committee, or the committee
4 may render an advisory opinion on its own initiative. Such an opinion shall not
5 constitute a rule under the provisions of the Administrative Procedure Act and the
6 supervisory committee shall not be subject to that Act in carrying out the provisions
7 of this Subsection.
8 * * *
9 D. The supervisory committee shall periodically review the following
10 towards considering and drafting rulemakings:
11 (1) Aggregated data regarding investigations, including;
12 (a) Aggregated data regarding number of complaints received.
13 (b) Aggregated data regarding number of investigations.
14 (c) Aggregated date regarding number of fines.
15 (d) Aggregated date regarding number of fine wavers.
16 (e) Aggregated data regarding number and nature of court proceedings
17 regarding investigations.
18 (f) Aggregated data regarding categories of alleged violations yielding
19 investigations.
20 (2) Aggregated data regarding charges:
21 (a) Aggregated data regarding number of charges
22 (b) Aggregated data regarding length of proceedings resulting from charges.
23 (c) Aggregated data regarding categories of alleged violations yielding
24 charges.
25 (3) Advisory opinions issued by the supervisory committee.
26 (4) Judgements and opinions by state and federal courts interperting the
27 Louisiana Campaign Finance Disclosure Act.
28 (5) Federal Election Commission rulemakings regarding provisions of the
29 Federal Election Campaign Act of 1971.
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1 (6) Federal appellate court and state supreme court constitutional
2 jurisprudence on regulation of campaign finances.
3 E. The supervisory committee shall submit an annual report to the Senate
4 Committee on Senate and Governmental Affairs and the House Committee on House
5 and Governmental Affairs with the findings of the periodic review, a detailed
6 statement regarding the activities of the supervisory committee in carrying out its
7 duties, together with recommendations for such legislative or other action as the
8 supervisory committee considers appropriate.
9 §1511.3. Filing of reports; forms; notice
10 * * *
11 B. The supervisory committee shall prepare and distribute to the general
12 public through the offices of the clerks of court and in Orleans Parish the office of
13 the clerk of the criminal district court, and on its website, booklets of explanation
14 and instruction concerning the provisions of this Chapter in such a manner as to
15 inform the citizens of this state as to the procedures and requirements of this Chapter.
16 The supervisory committee may publish and distribute additional material to assist
17 persons in complying with the provisions of this Chapter.
18 * * *
19 §1511.4. Supervisory committee; investigations
20 A.
21 * * *
22 (2)
23 * * *
24 (h)(i) Following either the expiration of the fifteen-day period or the receipt
25 of a response, whichever occurs first, the supervisory committee shall, by a
26 two-thirds vote of its membership, determine whether there is reason to believe that
27 a respondent has committed a violation of this Chapter warranting an investigation.
28 In determining whether, based on the information available, the supervisory
29 committee will more likely than not find a violation of this Chapter, the supervisory
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1 committee shall consider whether the evidence at hand is vague or weak, as well as
2 the strength and merits of any letter, memorandum, or evidence submitted by the
3 respondent. A potential violation of this Chapter warrants an investigation if the
4 supervisory committee finds all of the following:
5 (aa) That the supervisory committee will more likely than not find that the
6 respondent has not already cured any potential violation of this Chapter, or despite
7 subsequent cure by the respondent, the respondent committed the violation
8 intentionally or recklessly.
9 (bb) That based on the information available the supervisory committee will
10 more likely than not find a significant violation of this Chapter that if not
11 investigated would threaten the purpose of this Chapter. The supervisory committee
12 shall consider the expense likely to be incurred by the respondent and the taxpayer
13 from the investigation, as well as the effect of the investigation upon the
14 constitutional rights being exercised by the respondent and other citizens in the
15 actions to be investigated, weighed against the severity of the potential violation in
16 both amount, frequency, and nature.
17 (cc) That investigating the potential violation of this Chapter would support
18 the purposes of this Chapter.
19 (dd) That the resources of the supervisory committee are better spent on
20 investigation of this potential violation versus the investigation of other potential
21 violations of this Chapter.
22 (ii) If the supervisory committee finds no reason to believe that a violation
23 of this Chapter has occurred the respondent has committed a violation of this Chapter
24 warranting an investigation, or otherwise terminates its proceedings, it shall so
25 advise the complainant and any respondent named in the complaint by letter.
26 (i) (iii) If the supervisory committee determines by an affirmative vote of
27 two-thirds of its membership that it has reason to believe that a respondent has
28 violated this Chapter the respondent has committed a violation of this Chapter
29 warranting an investigation, the supervisory committee shall notify the respondent
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1 of its finding by letter, identifying the provision of law alleged to have been violated
2 and the alleged factual basis supporting the finding, including reference to any
3 specific transactions identified as a violation. The letter shall be prefaced by advising
4 the respondent that the respondent may exercise his constitutional right to council
5 and may exercise his constitutional right no to incriminate himself.
6 * * *
7 C.(1) Pursuant to its authority under this Chapter the supervisory committee
8 shall have the power and authority to hold hearings, to subpoena witnesses,
9 administer oaths, compel the production of books, records, and papers, public and
10 private, require the submission under oath of written reports or written answers to
11 written questions, and to do all that is necessary to effect the provisions of this
12 Chapter. The supervisory committee shall issue subpoenas in accordance with R.S.
13 18:1511.4.2.
14 (2) Upon motion by an affected party including, but not limited to, a
15 candidate, committee, any member of a committee, a prospective witness or any
16 person whose books, records, papers, or other documents are the subject of any
17 subpoena, and for good cause shown, any district court within the jurisdiction of
18 which any inquiry is being conducted may make any order which justice requires to
19 protect such person from annoyance, embarrassment, oppression, or undue burden
20 or expense, including one or more of the following:
21 * * *
22 (f) That the Ethics Adjudicatory Board pay the costs and attorneys' fees of
23 the affected party.
24 (3) For purposes of this Subsection, "undue burden or expense" includes
25 subjecting a candidate to inquiry, over objection, when the Ethics Adjudicatory
26 Board has not exhausted inquiry upon sources other than the candidate, or the Ethics
27 Adjudicatory Board cannot establish that the candidate has personal knowledge of
28 relevant information, or the Ethics Adjudicatory Board cannot demonstrate that the
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1 candidate is uniquely able to provide relevant information that cannot be obtained
2 from other sources.
3 D. Upon petition by the supervisory committee or an adjudicatory panel of
4 the Ethics Adjudicatory Board any district court within the jurisdiction of which any
5 inquiry is being carried on may, in case of refusal to obey a subpoena or order of the
6 supervisory committee or an adjudicatory panel of the Ethics Adjudicatory Board
7 issued pursuant to this Chapter, issue an order requiring compliance. Any failure to
8 obey the order of the court may be punished by the court as a contempt thereof. The
9 Ethics Adjudicatory Board shall waive, upon request by the petitioning affected
10 party, any right to be served by any means other than email transmission, and shall
11 provide an email address at which the Ethics Adjudicatory Board shall accept
12 service.
13 §1511.4.1. Enforcement; failure to file; failure to timely file
14 * * *
15 C.
16 * * *
17 (3) The Ethics Adjudicatory Board, or a panel thereof, shall have the power
18 and authority to subpoena witnesses, administer oaths, compel the production of
19 books, records, and papers, public and private, require the submission under oath of
20 written reports or written answers to written questions, and to do all that is necessary
21 to effect the provisions of this Chapter. The supervisory committee shall issue
22 subpoenas in accordance with R.S. 18:1511.4.2.
23 * * *
24 E. The Ethics Adjudicatory Board shall waive, upon request by the
25 respondent, witness, or counsel for the respondent or witness, any right to be served
26 by any means other than email transmission, and shall provide an email address at
27 which the Ethics Adjudicatory Board shall accept service.
28 §1511.4.2. Subpoenas
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1 A. The supervisory committee shall only subpoena witnesses, compel the
2 production of books, records, and papers, or require the submission under oath of
3 written reports or answers to questions, upon a two-thirds vote of its membership
4 findings that the importance of the information sought outweighs the burden of
5 producing the information. In determining whether the importance of the information
6 sought outweighs the burden of producing the information, the committee shall
7 consider all of the following:
8 (1) The importance of the information in determining whether a potential
9 violation has occurred.
10 (2) The severity and significance of the potential violation or series of
11 violations.
12 (3) The burden or expense of producing or compiling the information.
13 (4) Whether the information can be produced by another source with less
14 burden or expense.
15 (5) Whether the information can be produced by a source other than the
16 candidate.
17 B. The respondent or any witness upon whom written questions have been
18 propounded, by subpoena or otherwise, shall serve a copy of the written answers and
19 objections, if any, within thirty days after the service of the questions.
20 C.(1) The respondent or any witness upon whom a subpoena has been served
21 to compel the production of books, records, or papers shall serve a copy of the
22 responses and objections, if any, within thirty days after the service of the subpoena.
23 (2) The respondent or any witness upon whom a subpoena has been served
24 requiring the submission under oath of written reports shall produce the written
25 reports within thirty days after the service of the subpoena.
26 (3) The respondent shall promptly receive a copy of any questions
27 propounded or subpoenas served upon any witness, as well as any answers,
28 objections, books, records, or papers, or written reports produced, or transcripts or
29 recordings of answers to questions produced under oath.
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1 (4) Any demand, request, or subpoena propounded upon a respondent or
2 witness, orally or in writing, shall be prefaced with advising the respondent or
3 witness that the respondent or witness may exercise his constitutional right to
4 counsel and may exercise his constitutional right not to incriminate himself.
5 (5) The respondent or any witness may consent to an oral examination under
6 oath under conditions agreed upon by the respondent or witness, including that the
7 examination occur in a certain place, at a certain time, by phone or video conference,
8 or with counsel present, and promptly receive a copy of the transcript or audio
9 recording.
10 D.(1) Upon petition by the supervisory committee or an adjudicatory panel
11 of the Ethics Adjudicatory Board any district court within the jurisdiction of which
12 any inquiry is being carried on may, in case of refusal to obey a subpoena or order
13 of the supervisory committee or an adjudicatory panel of the Ethics Adjudicatory
14 Board issued pursuant to this Chapter, issue an order requiring compliance. Any
15 failure to obey the order of the court may be punished by the court as a contempt
16 thereof.
17 (2) Before filing any petition to order compliance with a subpoena or order,
18 counsel for the Ethics Adjudicatory Board shall confer in person, by telephone, or
19 by videoconference with the respondent, witness, or counsel for the respondent or
20 witness, if represented, for the purpose of amicably resolving the dispute over the
21 alleged failure of the respondent or witness to obey the subpoena or order. The
22 counsel for the Ethics Adjudicatory Board shall attempt to arrange a suitable
23 conference date with the respondent, witness, or counsel for the respondent or
24 witness, and confirm the date by written notice sent at least five days before the
25 conference date, unless an earlier date is agreed upon by the respondent, witness, or
26 counsel for the respondent or witness. If by telephone or videoconference, the
27 conference shall be initiated by the counsel for the Ethics Adjudicatory Board. The
28 Ethics Adjudicatory Board shall waive, upon request by the respondent, witness, or
29 counsel for the respondent or witness, any right to be served by any means other than
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1 email transmission, and shall provide an email address at which the Ethics
2 Adjudicatory Board shall accept service.
3 §1511.5. Procedure for enforcement; civil
4 A.(1)(a) When the results of the investigation by the supervisory committee
5 indicate that a violation of this Chapter has occurred which is subject to civil
6 penalties, the supervisory committee is authorized to file administrative proceedings
7 to collect the civil penalties provided in R.S. 18:1505.4 or 1505.5.
8 (b) Before the supervisory committee files administrative proceedings, the
9 supervisory committee shall:
10 (i) Provide the respondent with the final report of the staff of the supervisory
11 committee to the supervisory committee summarizing and analyzing the
12 investigation of the alleged violation by respondent.
13 (ii) Provide the respondent with an opportunity to submit a brief response to
14 the final report of the staff.
15 (iii) Provide the respondent with an opportunity to briefly make a statement
16 before the supervisory committee to address the final report of the staff and any
17 factual or legal issues relevant to the alleged violation by the respondent. Such
18 statement may be made in person or by telephone or videoconference during
19 executive session of the supervisory committee, unless the respondent requests that
20 his comments be made in open session. Statements made by the respondent in
21 executive session shall not be recorded and shall not be used against the respondent
22 in subsequent proceedings.
23 * * *
24 B. In determining the amount of the civil penalty to be assessed, the Ethics
25 Adjudicatory Board or district court shall take into consideration the reason for the
26 failure to file timely, the reason for failing to disclose required information, the
27 reason for inaccurately disclosing required information, the nature of the office
28 sought by the candidate, the nature of the office or offices supported or opposed by
29 a political committee or other person, the significance of the information undisclosed
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1 or inaccurately disclosed to the voting public, and whether or not the candidate, the
2 chairman or treasurer of the political committee, or other person actually has filed
3 a report or disclosed such information prior to the election or prior to the institution
4 of the administrative proceeding or rule to show cause cause, the number and
5 frequency of past violations, the amount, the amount that was not disclosed or
6 disclosed untimely in relation to the total contributions received, and the impact of
7 the violation upon any election and the electoral process.
8 * * *
9 Section 2. R.S. 18:1483(8), 1491.6(C)(introductory paragraph),
101501.1(C)(introductory paragraph), 1505.2(H)(1)(c) and (2)(e) through (g), (3)(a)(i) and (iii)
11through (vii) are hereby amended and reenacted to read as follows:
12 §1483. Definitions
13 As used in this Chapter, the following terms shall have the meanings given
14 to each in this Section unless the context clearly indicates otherwise:
15 * * *
16 (8) "Election" means any party primary, primary, general, special, or other
17 election held, pursuant to the laws of this state or a parish or municipal charter or
18 ordinance or a court order, to choose a public officer or nominee. For purposes of
19 the reporting requirements for the support or opposition of a proposition or question
20 submitted to the voters, "election" shall also mean any primary, general, or special
21 election, except local option elections held pursuant to the provisions of Chapter 3
22 of Title 26 of the Louisiana Revised Statutes of 1950, at which a proposition or
23 question is submitted to the voters in accordance with Chapters 6-A, 6-B, and 6-C
24 of this Code.
25 * * *
26 §1491.6. Reports required; reporting times and periods
27 * * *
28 C. During the period beginning at midnight of the twentieth day prior to a
29 primary election and extending through midnight of primary election day; during the
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1 period beginning at midnight of the twentieth day prior to a second party primary
2 election and extending through midnight of a second party primary election day, if
3 applicable; and during the period beginning at midnight of the twentieth day prior
4 to a general election and extending through midnight of general election day, each
5 political committee, principal campaign committee, or independent expenditure only
6 committee which is participating in the election shall file a report with the
7 supervisory committee of:
8 * * *
9 §1501.1. Reports by persons not candidates or committees
10 * * *
11 C. In addition to the reports filed in accordance with Subsection B of this
12 Section, during the period beginning at midnight of the twentieth day prior to a
13 primary election and extending through midnight of primary election day; during the
14 period beginning at midnight of the twentieth day prior to a second party primary
15 election and extending through midnight of the second party primary election day,
16 if applicable; and during the period beginning at midnight of the twentieth day prior
17 to a general election and extending through midnight of general election day, any
18 person, other than a candidate or a political an independent expenditure only
19 committee, who makes any expenditure or who accepts a contribution, other than to
20 or from a candidate or to or from a political committee, shall file a report with the
21 supervisory committee of:
22 * * *
23 §1505.2. Contributions; expenditures; certain prohibitions and limitations
24 * * *
25 H.(1)
26 * * *
27 (c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the
28 contribution limit for contributions made to an unsuccessful major office candidate,
29 or the principal campaign committee and any subsidiary committee of such
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1 unsuccessful candidate, who does not participate in the general election, or a party
2 primary candidate who does not participate in either the second party primary,
3 primary, or general election and for the time period for which such candidate has a
4 deficit for expenditures made through the day of the primary election or closed party
5 primary, shall be twenty thousand dollars.
6 * * *
7 (2)
8 * * *
9 (e) Notwithstanding the provisions of Paragraph (1) and Subparagraph (2)(a)
10 of this Subsection, the contributions limit for contributions by political committees
11 to an unsuccessful major office candidate, or the principal campaign committee and
12 subsidiary committee of such unsuccessful candidate, who does not participate in the
13 general election, or a party primary candidate who does not participate in either the
14 second party primary, primary, or general election and for the time period for which
15 such candidate has a deficit for expenditures made through the day of the primary
16 election or closed party primary, shall be ten twenty thousand dollars.
17 (f) Notwithstanding the provisions of Paragraph (1) and Subparagraphs
18 (2)(a) and (b) of this Subsection, the contributions limit for contributions by political
19 committees certified according to the provisions of Subparagraph (2)(b) to an
20 unsuccessful major office candidate, or the principal campaign committee and
21 subsidiary committee of such unsuccessful candidate, who does not participate in a
22 second party primary or the general election and for the time period for which such
23 candidate has a deficit for expenditures made through the day of the later of the day
24 of the party primary or the second party primary election, shall be twenty forty
25 thousand dollars.
26 * * *
27 (3)(a)
28 * * *
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1 (iii) For purposes of this Subsection, for candidates for a primary party office
2 and office, principal campaign committees, political committees and independent
3 expenditure only committees that participate in a second party primary, the reporting
4 period for the second party primary election shall be deemed to begin the day
5 following the primary election.
6 (iv) For purposes of this Subsection, for candidates and candidates, principal
7 campaign committees, political committees and independent expenditure only
8 committees that participate in a general election, the reporting period for the general
9 election shall be deemed to begin the day following the primary election at which the
10 candidate qualified for the general election, except that for a nonparty primary
11 candidate, the reporting period for the general election shall be deemed to begin the
12 day that the candidate became a candidate for a party primary office.
13 (v) For purposes of this Subsection, if a judgment orders only a new general
14 election, for candidates and candidates, principal campaign committees, political
15 committees, and independent expenditure only committees that participate in the
16 court-ordered general election, the reporting period shall be deemed to begin the day
17 following the rendering of the judgment.
18 (vi) For purposes of this Subsection, for candidates and candidates, principal
19 campaign committees, political committees, and independent expenditure only
20 committees that participate in an election held pursuant to R.S. 18:512, the reporting
21 period for that election shall be deemed to begin the day following the general
22 election.
23 (vii) A candidate or his principal or subsidiary campaign committee may
24 receive contributions that are designated in writing writing, or made in accordance
25 with a properly noticed joint fundraising agreement for use in connection with either
26 the general election or primary election in a single election cycle or, for a party
27 primary office, with either a party primary, the primary, or the general election, as
28 provided in R.S. 18:1505.2.1.
29 * * *
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1 Section 3. R.S. 18:1483(15)(d), 1486(C)(1) and (2)(d) are hereby repealed in their
2entirety.
3 Section 4. The Louisiana State Law Institute is authorized and directed to arrange in
4alphabetical order and renumber the definitions contained in R.S. 18:1481and to correct any
5cross-references to the renumbered paragraphs if necessary, consistent with the provisions
6of this Act.
7 Section 5. Section 2 of this Act shall become effective upon the effective date of Act
8No. 640 of the 2024 Regular Session of the Legislature of Louisiana.
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)]
HB 596 Original 2025 Regular Session Wright
Abstract: Provides for revisions to the Campaign Finance Disclosure Act.
Present law (Campaign Finance Disclosure Act) provides, generally for public disclosure of
the financing of election campaigns and to regulate certain campaign practices.
Proposed law provides that the Campaign Finance Disclosure Act is penal in nature and that,
in the interest of respecting the constitutional rights of free speech and due process, that the
regulation of campaign finance shall be interpreted narrowly, strictly, and any ambiguity in
favor of any person accused of any violation of present law, and that no deference shall be
afforded in present law by any agency enforcing present law, including the supervisory
committee on campaign finance (supervisory committee).
Definitions
Present law provides for terminology used throughout the Campaign Finance Disclosure Act.
Present law defines both "political committee" and "committee" as two or more persons,
other than a husband and wife, and any legal entity organized for the primary purpose of
supporting or opposing one or more candidates, propositions, recalls of a public officer, or
political parties, which does either of the following:
(1)Accepts contributions in the name of the committee, or makes expenditures from
committee funds or in the name of the committee, or makes a transfer of funds to or
receives a transfer of funds from another committee, or receives or makes loans in
an aggregate amount in excess of $500 within any calendar year.
(2)Accepts direct payments for personal services related to an election or a campaign
in the name of the committee in an aggregate amount in excess of $500 within any
calendar year, with exceptions.
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Proposed law retains present law definition of "political committee", except to increase the
threshold amount of contributions and expenditures received within a calendar year to
$1,000, rather than $500 and provides a new definition for "committee". Proposed law
provides that "political committee" does not include independent expenditure only
committees, leadership committees, or principal campaign committees.
Present law provides that political party committees that receive contributions or make
expenditures of $500 within a calendar year are "political committees". Proposed law
increases the threshold amount of contributions and expenditures to $2,500 within a calendar
year.
Proposed law defines "committee" as any association, political party, or other group of one
or more persons, which receives or anticipates receiving contributions and makes or
anticipates making expenditures, and has the major purpose of making contributions to or
expenditures to or on behalf of any state or local elected official, candidate, campaign, or
other committee. A person shall not be a committee if the person makes expenditures for the
purpose of supporting or opposing candidates or recalls using only the person's general
revenues and does not receive contributions for the purpose of supporting or opposing
candidates or recalls.
Proposed law provides that independent expenditure only committees, leadership
committees, political committees, and principal campaign committees are "committees".
Present law defines "contribution" as a gift, conveyance, payment, or deposit of money or
anything of value, or the forgiveness of a loan or of a debt, made for the following purposes:
(1) Supporting, opposing, or otherwise influencing the nomination or election of a
person to public office. Proposed law revises present law so that contributions made
to a candidate are considered "contributions" only if made for purposes of
supporting, opposing, or otherwise influencing that candidate.
(2)Supporting or opposing a proposition or question submitted to the voters. Proposed
law repeals present law.
(3) Supporting or opposing the recall of a public officer, whether made before or after
the election. Proposed law retains present law.
Proposed law additionally provides that a gift, conveyance, payment, or deposit of money
or anything of value, or the forgiveness of a loan or of a debt, made to any of the following
is considered a "contribution":
(1)A committee.
(2)Any person for the purpose of supporting, opposing, or otherwise influencing the
nomination or election of a person to public office.
Present law also defines "contribution" as an in-kind contributions having a monetary value
of $25. Proposed law limits this definition so that it only applies to in-kind contributions
made to a committee and increases the minimum value to $50.
Present law further defines "contributions" as the donation of services and tangible property
valued at $25. Proposed law increases the minimum value to $50.
Present law further defines "contributions" as expenditures made by any person in
cooperation, consultation, or concert with or at the request or suggestion of, a candidate, his
authorized political committees, or their agents and shall be considered to be a contribution
to such candidate. Proposed law limits present law definition so that it only applies if the
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expenditure is made for the purpose of supporting, opposing, or otherwise influencing the
nomination or election of the candidate.
Present law defines "expenditure" as a purchase, payment, advance, deposit, or gift, of
money or anything of value made for the purpose of supporting, opposing, or otherwise
influencing the nomination or election of a person to public office, for the purpose of
supporting or opposing a proposition or question submitted to the voters, or for the purpose
of supporting or opposing the recall of a public officer, whether made before or after the
election.
Proposed law repeals present law and instead defines "expenditure" as made by a committee
or made by a candidate or any other person for paid advertising disseminated through any
federally regulated broadcast media, mass mailings, phone banks, or paid digital advertising
or publication paid print advertising of a certain nature
Present law further defines "expenditure" as in-kind expenditures and the donation of
services and tangible property valued at $25. Proposed law increases the minimum value to
$50.
Present law provides that "expenditures" do not include any communication by any
membership organization or business entity to its employees, members, or stockholders, if
such membership organization or business entity is not organized primarily for the purpose
of supporting, opposing, or otherwise influencing the nomination for election, or election,
of any person to public office
Proposed law retains present law and further exempts communications made to the
organization or entity's directors and the family members of the employees, members,
stockholders, and directors.
Proposed law further exempts communications disseminated by a church unless the church's
expenditures are used to appeal to vote for or against a specific candidate. Further provides
that present law shall not require a church to disclose the identities, donations, or
contributions of members of the church.
Present law provides that "loan" means a transfer of money, property, or anything of value
in exchange for an obligation to repay in whole or in part, made for the purpose of
supporting, opposing, or otherwise influencing the nomination for election, or election, of
any person to public office, for the purpose of supporting or opposing a proposition or
question submitted to the voters, or for the purpose of supporting or opposing the recall of
a public officer, whether made before or after the election.
Proposed law revises present law definition so that loans made to a candidate are considered
"loans" only if made for purposes of supporting, opposing, or otherwise influencing that
candidate.
Present law provides for when a candidate is considered to have participated in an election
from which he has withdrawn. Proposed law retains present law and provides for
"participation" for purposes of withdrawing from a closed party primary.
Present law provides for when political committees are considered to have participated in
an election. Proposed law retains present law and provides for "participation" for purposes
of closed party primaries.
Proposed law defines "coordinated expenditure", "express advocacy", "major purpose" and
"personal use". Provides for the definition of "foreign national".
Committees
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Present law requires committees that anticipate receiving or expending more than $500 a
year to file a statement of organization. Proposed law increases the threshold amount that
requires filing a statement of organization to $1,000 a year.
Joint Fundraising
Proposed law authorizes committees to, pursuant to a written joint fundraising agreement,
engage in joint fundraising efforts with other committees, committees registered with the
Federal Election Commission, or with unregistered committees and certain organizations.
Provides that contributions may be made to a joint fundraising efforts subject to present law
contribution limits.
Proposed law requires participants to enter into a joint fundraising agreement establishing
an allocation formula and authorizes the creation of a separate committee or a joint
fundraising representative, who is responsible for ensuring that recordkeeping and reporting
requirements are met.
Proposed law requires a joint fundraising committee to file a statement of organization
containing certain information. Provides for the establishment of a separate committee or
selection of a joint fundraising representative and their duties.
Proposed law provides for the advancement of costs and payment of expenses. Requires and
provides for the contents of a joint fundraising notice.
Proposed law provides for the allocation of contributions when a participating committee
is not permitted to receive such contributions or the contribution exceeds contribution limits.
Provides for the distribution of funds and required reports.
Leadership Committees
Proposed law establishes leadership committees. Provides that a leadership committee is a
committee registered with the supervisory committee and directly or indirectly established,
financed, maintained, controlled, or designated by an elected official, but which is not the
principal campaign committee of the elected official and does not make expenditures in
support of the candidacy of the elected official, which makes expenditures related to the
holding of a public office or party position, supporting or opposing a proposition or question
submitted to the voters, supporting or opposing the recall of a public officer other than the
candidate, making contributions to another candidate's principal campaign committee, a
committee other than the elected official's principal campaign committee, an independent
expenditure only committee, a gubernatorial transition and inauguration, make charitable
donation, lobbying, or administrative costs or operating expenses of the committee.
Proposed law requires the statement of organization and reports of a leadership committee
to identify the elected official with whom the committee is affiliated.
Present law requires committees other than a candidate's principal campaign committee to
clearly indicate to the candidate that the contribution is from a political committee by
designation on or notification on the contribution. Proposed law does not apply to
contributions made to a candidate by a leadership committee.
Present law requires committees to file reports with the supervisory committee on certain
dates. Proposed law does not require leadership committees to file reports on such dates and
instead requires leadership committees to file monthly reports due no later than the tenth day
of the month following a month in which the committee accepts a contribution or some other
receipt or makes an expenditure or some other disbursement.
Proposed law provides for permitted expenditures by a leadership committee.
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Propositions or questions submitted to the voters
Present law regulates and limits contributions made for the purpose of supporting or
opposing a proposition or question submitted to the voters. Proposed law repeals present
law.
Candidate disclosures
Present law requires candidates who are not a candidate for a major office or district office
to file disclosure reports if they make expenditures in excess of $2,500 or receive
contributions in excess of $200. Proposed law increases the minimum threshold for reporting
of both expenditures and contributions to $5,000.
Recall election disclosures
Present law provides that any person, including a political committee, who receives and
accepts any contribution, loan, or transfer of funds, or makes any expenditure in support of
or in opposition to the recall of a public officer shall be required to file reports of such
contributions and expenditures of at least $200. Proposed law increases the minimum
threshold for reporting to $5,000.
Committee and Candidate Reports
Present law requires committees other than leadership committees to file reports with the
supervisory committee during the period beginning at midnight of the twentieth day prior
to an election and extending through midnight of election day identifying any person who
from whom the committee received contributions, loans, and funds in excess of the
following amounts:
(1)For major office candidates: $1,000. Proposed law increases the amount to $2,000.
(2)For district office candidates: $500. Proposed law increases the amount to $1,000.
(3)For any other office candidates: $250. Proposed law increases the amount to $500.
Present law requires disclosure of any expenditure in excess of $200 made to a candidate,
committee, or person required to file reports who makes endorsements. Proposed law
increases the amount to $500.
Present law provides that a report need not be filed if the committee is dissolved or
disbanded and shows a deficit or surplus of less than $2,500. Proposed law increases the
amount to $5,000.
Present law requires reporting of contributions in the form of payroll deductions or dues
checkoff system in excess of $5. Proposed law increases the amount to $25.
Present law provides that single transactions to purchase campaign items or materials or
raffle tickets which are not in excess of $25 must be reported on in a report of gross
proceeds. Proposed law increases the amount to $50.
Present law provides that any political committee which did not receive a contribution in
excess of $200 and which did not make expenditures totaling in excess of $5,000 in the
aggregate may file an affidavit in lieu of any report. Proposed law increases the amount of
contributions to $500 and the amount of expenditures to $10,000.
Proposed law increases the same amounts as they apply to candidate reporting and reporting
by persons other than candidates and committees.
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Reports required of other persons
Present law provides that any person, other than a candidate or a committee, who makes any
expenditure or who accepts a contribution, other than to or from a candidate or to or from
a political committee, shall file reports if either said expenditures or said contributions
exceed $500 in the aggregate during the aggregating period as defined for committees.
Proposed law increases the amount to $1,000 and limits reporting to persons who makes
expenditure and accepts contributions for certain purposes.
Contribution limits and expenditures
Present law limits cash contributions to $100. Proposed law increases the limit to $200.
Present law makes various provisions related to the authorized and prohibited contributions
and expenditures of a recognized political party. Proposed law provides for the same to
apply to a committee designated to receive contributions on behalf of the state central
committee of the political party by joint fundraising agreement or otherwise.
Present law provides for authorized expenditures and for the use of excess campaign funds.
Proposed law makes different and additional provisions for permitted expenditures and the
use of excess campaign funds.
Proposed law provides for the authorized and prohibited personal use of campaign funds.
Supervisory Committee on Campaign Finance
Proposed law provides for duties of the supervisory committee including reviewing specific
information and consider rulemakings, posting certain information on the Board of Ethics
website.
Present law provides for the supervisory committee to conduct investigations and file
administrative proceedings. Proposed law provides additional criteria for the supervisory
committee to consider in conducting investigations and filing administrative proceedings.
Proposed law provides for the issuance of subpoenas by the supervisory committee.
(Amends R.S. 18:1482, 1483(2)(a), (4), (6)(b), (8), (9)(b)(ii), (c), (d)(ii) and (iii), 15(a),
(b)(ii), and (c), (16), (17)(a)(i)-(iii), (22), 1484(2)(a) and (b), the heading of 1486, 1486(A),
(B), and (C)(2)(intro. para.), the title of Part II of Chapter 11 of Title 18 of the La. R.S. of
1950, the heading of 1491.1, 1491.1(A), (B)(5)(d), (D), and (F), 1491.2, 1491.3(A), 1491.4,
1491.5(A), (B), (E), (I), and (J), 1491.6(A), (B)(intro. para.), (C)(intro. para.), (1)(a), and (2),
(D), (E), (G), and (I), 1491.7(A), (B)(4)(a) and (b), and (5)-(8), (10), (13), (14), (18), and
(22), and (C), 1491.8, 1495.3(B)(2)(a), 1495.4(C)(1)(a) and (2) and (D)(3)(a),
1495.5(B)(5)(a) and (b), and (9), 1495.6, 1501.1(A), (B), and (C)(intro. para.), 1505.2(A)(1),
(B), (C), (D)(3)(b)(i) and (c), (4), and (5), (F), (G), (H)(1)(b) and (c), (2)(a)(intro. para.),
(b)(intro. para.), (c), (e)-(g), (3)(a)(i), (iii)-(vii), and (b)-(d), (I)(5)(a), (b)(ii), and (c), (6), and
(7), (J)(2), (K), (L)(2) and (4), (M)(2), (O)(1), (P), (Q)(1), (2), and (3)(a)(i), and (R)(2) and
(3)(a)(i), 1505.3(B), (D)(1)(a), (2)(a)(i), (b), and (ii), 1505.4(A)(1), (2)(a)(i)-(v), and (3) and
(B), 1505.5(B), and (C)(1), 1505.6(A)-(C), 1511.2(B), 1511.3(B), 1511.4(A)(2)(h), (C)(1)
and (2)(intro. para.), and (D), 1511.4.1(C)(3), 1511.5(A)(1) and (B); Adds R.S.
18:1483(6)(a)(intro. para.), (i)-(iv), and (b)(v), (9)(a)(intro. para.), (i)-(v), (d)(v), (12)(intro.
para.) and (a)-(c), 15(b)(iii) and (iv), (17)(b)(i) and (ii), and (25)-(31), 1491.6.1, 1491.9,
1505.2(I)(1)(a)-(i), (M)(1)(intro. para.) and (a)-(e), (3)(intro. para.), (d)-(f), and (4),
1511.2(D) and (E), 1511.4(A)(2)(h)(i)(aa)-(dd), 1511.4(C)(2)(f) and (3), 1511.4.1(E),
1511.4.2, 1511.5(A)(1)(a) and (b)(i)-(iii); Repeals R.S. 18:1483(15)(d), 1486(C)(1) and
(2)(d))
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