§1463. Political material; ethics; prohibitions
A. The Legislature of Louisiana finds that the state has a compelling interest in
taking every necessary step to assure that all elections are held in a fair and ethical manner
and finds that an election cannot be held in a fair and ethical manner when any candidate or
other person is allowed to print or distribute any material which falsely alleges that a
candidate is supported by or affiliated with another candidate, group of candidates, or other
person, or a political faction, or to publish statements that make scurrilous, false, or
irresponsible adverse comments about a candidate or a proposition. The legislature further
finds that the state has a compelling interest to protect the electoral process and that the
people have an interest in knowing the identity of each candidate whose number appears on
a sample ballot in order to be fully informed and to exercise their right to vote for a candidate
of their choice. The legislature further finds that it is essential to the protection of the
electoral process that the people be able to know who is responsible for publications in order
to more properly evaluate the statements contained in them and to informatively exercise
their right to vote. The legislature further finds that it is essential to the protection of the
electoral process to prohibit misrepresentation that a person, committee, or organization
speaks, writes, or acts on behalf of a candidate, political committee, or political party, or an
agent or employee thereof.
B.(1) No person shall cause to be printed or assist in the distribution, transportation,
or transmission by any means of any facsimile of an official ballot or cause to be printed,
distributed, transported, or transmitted any unofficial sample ballot with the number of a
candidate unless the name of the candidate to whom the ballot number was assigned is
correctly listed on the ballot.
(2) No person shall cause to be printed or assist in the distribution, transportation,
or transmission by any means of any facsimile of an official ballot, or cause to be printed,
distributed, transported, or transmitted any unofficial sample ballot containing a photograph,
or likeness of any person which falsely alleges, with an intent to misrepresent, that any
person or candidate, or group of candidates in an election is endorsed by or supported by
another candidate, group of candidates or other person.
C.(1) No person shall cause to be distributed, or transmitted, any oral, visual, digital,
or written material containing any statement which he knows or should be reasonably
expected to know makes a false statement about a candidate for election in a primary or
general election or about a proposition to be submitted to the voters.
(2) Whenever any person, political committee, entity or organization makes a
disbursement for the purpose of the financing of any electioneering communication, such
communication shall comply with the following items under the following circumstances:
(a) If the communication is paid for and authorized by a candidate, an authorized
political committee of a candidate, or its agents, it shall clearly state that the communication
has been paid for by such authorized political committee. The name of the political
committee paying for the communication shall be given in full and no acronyms shall be
used.
(b) If the communication is paid for by other persons, but authorized by a candidate,
an authorized political committee of a candidate, or its agents, it shall clearly state that the
communication is paid for by such other persons and authorized by such authorized political
committee. The name of the authorized political committee shall be given in full and no
acronyms shall be used.
(c) If the communication is not authorized by a candidate, a political committee of
a candidate, or its agents, it shall clearly state the (i) name, (ii) physical address (not post
office box), and (iii) telephone number and the world-wide web address if available of the
person, committee, entity or organization who paid for the communication and state that the
communication is not authorized by any candidate or candidate committee. The name of the
payer shall be given in full and no acronyms shall be used.
(3) If an individual, association, organization, committee, or corporation is
responsible for or causes the distribution or transmission of any statements relative to
candidates or propositions which do not fully disclose the name of the individual or the name
of the association, organization, committee, or corporation, and the full and correct name and
address of its chairman or other chief administrative officer and whether or not such
individual, association, organization, committee, or corporation supports or opposes such
candidate or proposition, such individual, association, organization, committee, or
corporation shall report all expenditures incurred in relation to the publication, distribution,
transportation, or transmission in accordance with R.S. 18:1491.7, 1495.5, or 1501.1.
(4)(a) No person shall misrepresent himself or any committee or organization under
his control as speaking, writing, or otherwise acting for or on behalf of any candidate,
political committee, or political party, or any employee or agent thereof.
(b) No person shall willfully and knowingly participate in or conspire to participate
in a plan, scheme, or design to misrepresent himself or any committee or organization under
his control or under the control of any other participant in the plan, scheme, or design as
speaking, writing, or otherwise acting for or on behalf of any candidate, political committee,
or political party, or any employee or agent thereof.
(c) A radio or television broadcaster who broadcasts a paid political announcement
or advertisement, the content of which the broadcaster had no input in or control over, is not
subject to the provisions of this Paragraph.
(5) For purposes of Paragraph (2) of this Subsection, the term "electioneering
communication" means any broadcast, cable, or satellite communication that refers to a
legally qualified candidate for elected office and is broadcast within sixty days before any
election in which such candidate is on the ballot.
D.(1) An affected candidate or voter shall be entitled to an injunction to restrain
future violations of Subsections B and C of this Section.
(2) In the event a permanent injunction is granted, reasonable attorney fees shall be
allowed the petitioner by the court which shall be taxed as costs to be paid by the defendant.
E.(1) No person shall cause to be distributed or transmitted for or on behalf of a
candidate for political office any oral, visual, digital, or written material constituting a paid
political announcement or advertisement, which is paid for by a third-party entity, without
providing the name of the third-party entity on the face of the advertisement. The name of
the third-party entity shall be included on written and digital material, political
announcements, and advertisements so that it is clear and understandable.
(2) The name of the third-party entity in visual and oral political announcements or
advertisements shall be included so that it is clearly understandable as well as audible and
visible for not less than three seconds. If the advertisement is placed by a public relations
firm, advertising agency, media buyer, or other person who purchases media advertising or
time or space for such advertising, such person shall provide the information required by this
Section.
(3) In digital announcements or advertisements, the name of the third-party entity
shall appear in a text sized at least as large as the smallest text in the digital material or in a
heading or similar section of text displayed above or within the digital material that is
visually distinct from the remainder of the digital material's text and shall have a reasonable
degree of color contrast between the background and the name of the third-party entity.
(4) For the purposes of this Subsection, "person" means any individual, partnership,
association, labor union, political committee, corporation, or other legal entity, including its
subsidiaries.
(5)(a) A media entity who broadcasts a paid political announcement or
advertisement, the content of which the broadcaster has no input in or control over, is not
subject to the provisions of this Subsection.
(b) For purposes of this Subsection, a media entity includes a radio broadcast station,
television broadcast station, cable or satellite television company, or other video service
provider, streaming video provider, newspaper company, periodical company, billboard
company, advertisement agency, or media platform responsible for the production or
publication of any advertisement, voice, data, or other communications, information services,
or internet access provider, or bona fide news or public interest website operator.
F. For the purposes of this Section, the term "digital material" means any material
or communication that, for a fee, is placed or promoted on a public facing website, web
application, or digital application, including a social network, advertising network, or search
engine.
G. Whoever violates any provision of this Section shall be fined not more than two
thousand dollars or be imprisoned, with or without hard labor, for not more than two years,
or both.