Louisiana
Who Needs to Disclose
The following must file reports of contributions and expenditures:
- Candidates.
- Political committees, including political action committee (PAC).
- Persons.
Political committee means two or more persons, other than a husband and wife, and any corporation organized for the primary purpose of supporting or opposing one or more candidates, propositions, recalls of a public officer, or political parties, which 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 over $500 within any calendar year.
Person means any individual, partnership, limited liability company or corporation, association, labor union, political committee, corporation or other legal entity, including their subsidiaries.
(La. Rev. Stat. Ann. §§ 18:1484, 18:1483)
Who Needs to Register with the State
Not every organization that has reporting responsibilities must be registered with the state.
Political committees that know or anticipate that it will receive contributions or loans, make expenditures or loans, or make a transfer of funds to or receive a transfer of funds from another committee during a calendar year in the aggregate amount exceeding $500 must file a statement of organization annually in January of each calendar year.
An out-of-state PAC that supports candidates in states other than Louisiana, receives less than 50% of its receipts during a calendar year from persons in Louisiana, and expends less than 50% of its disbursements during a calendar year, but not more than $20,000, to support or oppose Louisiana candidates is exempted from registering and reporting in Louisiana.
(La. Rev. Stat. Ann. § 18:1491.1)
Reporting Thresholds
- Political committees that accept or make contributions and expenditures in an aggregate amount more than $500 in a calendar year must file campaign finance reports with the Louisiana Ethics Administration Program (LEAP).
- Candidates for governor, lieutenant governor, secretary of state, attorney general, state treasurer, commissioner of agriculture, commissioner of insurance, the superintendent of education, public service commissioner, justice of the supreme court, court of appeal judge, district court judge or the Louisiana legislature must file campaign finance reports with the LEAP.
- Candidates for any other public office who makes expenditures over $2,500; or receives contributions from a single source totaling over $200 must file reports with the LEAP.
- Persons, other than a candidate or a political committee, who makes any independent expenditures or who accepts any contributions for independent expenditures in an aggregate amount more than $500 in a calendar year must file reports with the LEAP.
- Any person, other than a candidate or political committee, who solicits or receives any contribution or makes any expenditure in support of, or opposition to, a proposition or question submitted to the voters if the aggregate amount of contributions or expenditures equals or exceeds $1,000 must file reports with the LEAP.
- Any candidate or political committee who solicits or receives any contribution or makes any expenditure in support of, or opposition to, a proposition or question submitted to the voters if the aggregate amount of contributions or expenditures equals or exceeds $200 must file reports with the LEAP. Candidates for major office do not have a reporting threshold; everything must be reported.
(La. Rev. Stat. Ann. §§ 18:1483, 18:1486, 18:1501.1)
Reporting Timelines
Candidates, political committees and other persons may need to report campaign activity at the following times:
- Each candidate and committee must file an annual report no later than Feb. 15 of each year. An annual report is not due if another required report was filed after Dec. 10 and before Feb. 15, or if the candidate or committee has received no contributions, made no expenditures and received or made no loans during the reporting period.
- Candidates for governor, lieutenant governor, secretary of state, attorney general, state treasurer, commissioner of agriculture, commissioner of insurance, the superintendent of education, public service commissioner, justice of the supreme court, court of appeal judge, district court judge and any office with an election district containing a population in excess of 250,000 must file a report 180 days before to the primary election.
- Candidates for governor, lieutenant governor, secretary of state, attorney general, state treasurer, commissioner of agriculture, commissioner of insurance, the superintendent of education, public service commissioner, justice of the supreme court, court of appeal judge, district court judge and any office with an election district containing a population in excess of 250,000 must file a report 90 days prior to the primary election.
- All candidates and committees participating in the primary election must report 30 days prior to the primary election.
- All candidates and committees participating in the primary election must report 10 days prior to the primary election.
- All candidates and committees participating in the primary election must report 10 days prior to the general election.
- Candidates and committees participating in the general election must report 40 days after the general election.
Candidates for governor, lieutenant governor, secretary of state, attorney general, state treasurer, commissioner of agriculture, commissioner of insurance, the superintendent of education, public service commissioner, justice of the supreme court, court of appeal judge, district court judge, any office with an election district containing a population in excess of 250,000 or the Louisiana legislature who do not spend over $5,000 and do not receive contributions from one source, including the use of the candidate's personal funds, totaling over $200 may file an affidavit, but no campaign finance report.
Late special reports are required during the 20-day period immediately preceding an election and must be filed within two business days of the transaction, if a contribution or loan in excess of $1,000 for major office candidates or $500 for district office candidates, or $250 for any other office candidates is received and accepted during the 20-day period, or an expenditure over $200 is made during the 20-day period to a candidate, committee or other person required to file disclosure reports who makes endorsements. Special Reports must be filed within two business days of the transaction.
Supplemental reports are required to be filed annually by Feb. 15 if a candidate shows outstanding debts or loans or surplus funds. A supplemental report need not be filed if the candidate is not elected to any office and shows outstanding debts and loans or a surplus totaling less than $2,500.
Any person who makes any independent expenditures or who accepts any contributions for independent expenditures must file report within 48 hours after the time the contribution is received or expenditure made.
Any person who accepts any contribution or makes expenditures in support or opposition to a proposition election must file reports 30 days prior to the election, 10 days prior to the election and 40 days after the election. Special reports are required for any contribution or expenditure in excess of $200 during the 20-day period immediately preceding the proposition election.
(La. Rev. Stat. Ann. §§ 18:1491.6, 18:1495.4)
Filing Method
- All candidates, slates of candidates, committees and contributing organizations must file campaign finance reports electronically.
- Statewide offices and legislative members offices should file campaign finance reports electronically.
- Political committees that receive contributions over $50,000 or make expenditures over $50,000 in a calendar year must file disclosure reports electronically.
(La. Rev. Stat. Ann. § 18:1485)
Penalties
- Failure to submit reports or failure to disclose information constitutes a violation.
- Any candidate, political committee or any other person required to file reports and who knowingly fails to file or who knowingly fails to timely file may be assessed a civil penalty. The amount of such penalty may be:
- $100 per day, not to exceed $2,500, for each candidate for major office and any treasurer or chairman of any political committee designated as a principal campaign committee or subsidiary committee of such a candidate.
- $60 per day, not to exceed $2,000, for any candidate for district office and any treasurer or chairman of any political committee designated as a principal campaign committee or subsidiary committee of such a candidate.
- $40 per day, not to exceed $1,000, for any candidate for all other offices and any treasurer or chairman of any political committee designated as a principal campaign committee or subsidiary committee of such a candidate.
- $40 per day, no to exceed $1,000, for any person or the treasurer or chairman of any political committee, not supporting or opposing a candidate, but only supporting or opposing any proposition or question submitted to the voters or any recall of a public officer.
- $200 per day, not to exceed $3,000, for the treasurer or chairman of any political committee supporting or opposing a candidate, other than a candidate’s principal or subsidiary campaign committee.
- A knowing or willful violation of the campaign finance laws carries a civil penalty, criminal penalty or both.
- Any candidate, treasurer or chairman of a political committee or any other person required to file such reports who knowingly, willfully and fraudulently fails to disclose any such information or who knowingly, willfully and fraudulently fails to accurately disclose such information will, upon conviction, be sentenced to not over six months in jail or to pay a fine of not more than $500, or both.
(La. Rev. Stat. Ann. §§ 18:1505.4, 18:1505.5, 18:1505.6)