§1483. Definitions
As used in this Chapter, the following terms shall have the meanings given to each
in this Section unless the context clearly indicates otherwise:
(1) "Affiliated organization" means any organization which is not a committee but
which directly or indirectly establishes, administers, or financially supports a committee.
(2) "Aggregating period" means:
(a) For a committee, except a committee which supports only one candidate, the
period from January first of the calendar year through December thirty-first of the same
calendar year.
(b) For a candidate, the period from the date on which he became a candidate as
defined herein through the closing date for the current report.
(c) For a committee which supports only one candidate, the period from the time
when the committee first participates in the election through the closing date for the current
report.
(3)(a) "Candidate" means a person who seeks nomination or election to public office,
except the office of president or vice president of the United States, presidential elector,
delegate to a political party convention, United States senator, United States congressman,
or political party office. An individual shall be deemed to seek nomination or election to such
office if the individual has:
(i) Since prior participation in an election, if any, received and accepted a
contribution or made an expenditure, or has given his consent for any other person or
committee to receive a contribution or make an expenditure with a view to influencing his
nomination or election to office whether or not the specific public office for which he will
be a candidate is known at the time the contribution is received or the expenditure is made,
or
(ii) Taken the action necessary under the laws of the state of Louisiana to qualify
himself for nomination or election to public office.
(iii) Been selected as a party nominee in accordance with R.S. 18:410.6.
(b) Notwithstanding any provision of R.S. 42:1101 et seq. and specifically
notwithstanding any provision of R.S. 42:1115, for purposes of R.S. 42:1123(5) a
"candidate" shall mean a "candidate" as defined in this Paragraph and shall also mean any
public servant required to file reports under the provisions of this Chapter.
(4) "Chairman" means the principal executive officer of a committee regardless of
his title.
(5) "Closing date" means the date through which the report is complete.
(6)(a) "Committee" means any legal entity, including an association or political
party, or other group of two or more persons, other than a husband and wife, which receives
or anticipates receiving contributions and makes or anticipates making expenditures, and has
the primary purpose of making contributions to or expenditures to or on behalf of any state
or local elected official, candidate, campaign, or other committee. An entity shall not be a
committee if the entity makes expenditures for the purpose of supporting or opposing
candidates or recalls using only the entity's general revenues and does not receive
contributions for the purpose of supporting or opposing candidates or recalls. "Committee"
includes any independent expenditure-only committee, leadership committee, political
committee, or principal campaign committee, or subsidiary committee thereof.
(b) An entity that during a reporting period has supported candidates in states other
than Louisiana; has received less than fifty percent of its total receipts for the applicable
reporting period from Louisiana candidates or committees formed to support Louisiana
candidates; and has expended less than fifty percent, but not more than fifty thousand dollars,
of its total disbursements for the applicable reporting period in support of or in opposition
to Louisiana candidates shall not constitute a "committee" for purposes of requirements of
R.S. 18:1491.1 through 1491.9 which would require such an entity to keep records and
submit reports.
(7)(a) "Contribution", except as otherwise provided in this Chapter, means 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:
(i) A committee.
(ii) A candidate for the purpose of supporting, opposing, or otherwise influencing
the nomination or election of the candidate to public office, whether made before or after the
election.
(iii) Any person for the purpose of funding an expenditure to influence the
nomination or election of a person to public office, whether made before or after the election.
(iv) Any person for the purpose of funding an expenditure to support or oppose a
proposition or question submitted to the voters.
(v) Any person for the purpose of funding an expenditure to influence the recall of
a public officer, whether made before or after the election.
(b) "Contribution" shall also include, without limitation:
(i) Contributions in-kind made for any of the purposes stated in this Paragraph,
having an attributable monetary value in excess of fifty dollars. Contributions in-kind shall
include without limitation: the donation by any person, other than a candidate or a political
committee, of the services of paid employees, the value of which services exceeds fifty
dollars, such value to be the amount paid for such services; the donation of, or the donation
of the right to use, any item of tangible property when the same is used or consumed and not
exchanged or converted to cash or the equivalent of cash and when the accepting candidate,
the chairman of the accepting political committee, or accepting person required to file reports
under this Chapter and the treasurer of such recipient, if any, determines that its value or the
use value, when only the right of use is given, exceeds fifty dollars and such determination
shall be prima facie evidence of the correctness of the valuation of the item or of the use
value when applicable. In addition, successive donations made by the same person, which
donations individually are valued below fifty dollars but which together exceed such amount,
shall be deemed to be in-kind contributions and shall be aggregated for purposes of the
requirements of this Chapter.
(ii) Coordinated expenditures made for the purpose of supporting, opposing, or
otherwise influencing the nomination or election of the candidate and shall be considered to
be a contribution to such candidate.
(iii) A promissory note or written contract to make a contribution as defined above.
(iv) A payment to purchase campaign paraphernalia other than expenditures made
by a candidate or political committee to purchase its own paraphernalia.
(v) A payment for tickets to a testimonial or similar fundraising event.
(c) "Contribution" shall not include:
(i) Personal services provided voluntarily by any person without compensation or by
any person who is employed for purposes other than solely campaign purposes by the
reporting candidate, by a partnership of which he is a member, or by a corporation of which
he owns a majority of the stock.
(ii) Any dues or membership fees of any membership organization or corporation
made by its members or stockholders, if such membership organization or corporation 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. However, any funds of
such an organization or corporation used for the purpose of contributions to candidates or
committees or to publicly advocate support or defeat of a candidate or for expenditures as
defined in this Chapter shall be reportable and all contributions made by such membership
organization or corporation which are otherwise reportable under the provisions of this
Chapter shall be reported.
(iii) A transfer of funds between political committees.
(iv) A loan.
(d) A contribution of anything of value other than money or an in-kind contribution
shall be considered for all purposes of this Chapter as a contribution of money in the amount
of the fair market value thereof.
(8) "Coordinated expenditure" means an expenditure made by any person in
cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, his
principal campaign committee or a subsidiary committee thereof, or their agents for the
purpose of supporting, opposing, or otherwise influencing the nomination or election of the
candidate.
(9) "District office" means the following offices but shall not include any major
office:
(a) The office of a member of the Louisiana Legislature.
(b) All public offices elected parishwide.
(c) All public offices elected in more than one parish.
(d) All public offices elected in any election district containing a population in
excess of thirty-five thousand as determined by the most recently published decennial federal
census. All public offices elected in any city or parish election in a parish containing a
municipality with a population of three hundred thousand or more as determined by the most
recent decennial federal census. All elected public offices to a board or governing authority
which has, within its jurisdiction, a municipality with a population of two hundred
twenty-five thousand or more as determined by the most recent decennial federal census.
(e) The offices of district court judge, except in a judicial district comprised of a
single parish with a population in excess of four hundred fifty thousand persons as
determined by the most recently published decennial federal census where the election
district is parishwide, family court judge, juvenile court judge, city court judge, city court
marshal, and city court constable, as long as these offices are elective offices.
(10) "Election" means any party primary, primary, general, special, or other election
held, pursuant to the laws of this state or a parish or municipal charter or ordinance or a court
order, to choose a public officer or nominee. For purposes of the reporting requirements for
the support or opposition of a proposition or question submitted to the voters, "election" shall
also mean any primary, general, or special election, except local option elections held
pursuant to the provisions of Chapter 3 of Title 26 of the Louisiana Revised Statutes of 1950,
at which a proposition or question is submitted to the voters in accordance with Chapters 6-A, 6-B, and 6-C of this Code.
(11)(a) "Expenditure" means a purchase, payment, advance, deposit, or gift, of
money or anything of value made for a purpose provided for in R.S. 18:1501.1(A) or
1505.2(I).
(b) "Expenditure" shall also include:
(i) A promissory note or written contract to make an expenditure as defined above.
(ii) Expenditures in-kind which have an attributable monetary value in excess of fifty
dollars, made for any of the purposes stated in this Paragraph. Expenditures in-kind shall
include without limitation: the donation by any person, candidate, or committee of the
services of paid employees, the value of which services exceeds fifty dollars, such value to
be the amount paid for such services; the donation of, or the donation of the right to use, any
item of tangible property when the same is used or consumed and not exchanged or
converted to cash or the equivalent of cash and when the donating candidate, the chairman
of the donating committee, or the donating person required to file reports under this Chapter,
and the campaign treasurer of such donor, if any, determines that its value or the use value,
when only the right to use is given, exceeds fifty dollars and such determination shall be
prima facie evidence of the correctness of the valuation of the item or the use value when
applicable. In addition, successive donations made to the same person, which donations
individually are valued below fifty dollars but which together exceed such amount, shall be
deemed to be in-kind expenditures and shall be aggregated for purposes of the requirements
of this Chapter.
(c) Expenditures made by a public relations firm, an advertising agency, or agent for
a candidate, committee, or other person required to file reports under this Chapter shall be
considered expenditures of the candidate, committee, or such other person, and must be
specifically reported as required by this Chapter. Each such firm, agency, or agent, which
makes any expenditure for any candidate, committee, or other person required to file reports
under this Chapter, shall timely furnish to such candidate, committee, or person such
information relative thereto as may be required for compliance with this Chapter.
(d) "Expenditure" shall not include:
(i) Personal services provided voluntarily by any person without compensation or by
any person who is employed for purposes other than solely campaign purposes by the
reporting candidate, by a partnership of which he is a member, or by a corporation of which
he owns a majority of the stock.
(ii) Any communication by any membership organization or business entity to its
employees, members, directors, or stockholders, or their family members, 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 or for the purpose of supporting or opposing a proposition or
question to be submitted to the voters. All other expenditures made by such membership
organization or business entity which are otherwise reportable under the provisions of this
Chapter shall be reported. For purposes of this definition, business entity means any
proprietorship, partnership, corporation, or other legal entity, including their subsidiaries.
(iii) A transfer of funds between committees.
(iv) A loan.
(v) Any communication disseminated by a church unless the communication is of
express advocacy for or against a specific candidate. Nothing in this Chapter shall require
a church to disclose the identities, donations, or contributions of members of the church. For
purposes of this Item, "church" means an organization considered a church by the Internal
Revenue Service for federal tax purposes.
(e) An expenditure of anything of value other than money or an in-kind expenditure
shall be considered for all purposes of this Chapter as an expenditure of money in the amount
of the fair market value thereof.
(12) "Express advocacy" means communications containing express words of
advocacy of election, recall, or defeat, including but not limited to "vote for", "elect",
"support", "cast your ballot for", "vote against", "recall", "defeat", or "reject" or the name of
a candidate in combination with the office the candidate is seeking.
(13)(a) "Independent expenditure-only committee" means a committee registered
with the supervisory committee which makes independent expenditures, makes no political
contributions to any candidate for any elected office in this state or any of its subdivisions,
or such candidate's principal campaign committee or a subsidiary committee thereof, and
makes no coordinated expenditures with a candidate or such candidate's principal campaign
committee or a subsidiary committee thereof.
(b) "Independent expenditure" means an expenditure for express advocacy for the
election or defeat of a clearly identified or identifiable, qualified candidate for public office,
including supporting or opposing the candidates of a political party, and that is not made in
cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a
candidate's principal campaign committee or a subsidiary committee thereof, or their agents,
or a political party committee or its agents.
(14) "Intentional criminal violation" means conduct which establishes that a violator
was in the state of mind which exists when the circumstances indicated that the offender
actively desired the prescribed criminal consequences to follow his act or failure to act.
(15) "Joint fundraising agreement" means a written agreement between committees
or other organizations to engage in joint fundraising efforts, proportionately share expenses
of the joint fundraising, and distribute proceeds according to an allotment schedule in
accordance with R.S. 18:1491.9.
(16) "Leadership committee" means a committee registered with the supervisory
committee which is 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 or in opposition to any opponent of the elected official and that makes
expenditures only as authorized by R.S. 18:1505.2(I)(1)(a) and (c).
(17) "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 any purpose provided for in R.S.
18:1501.1(A) or 1505.2(I), whether made before or after the election.
(18) "Major office" means the following offices: 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 in a judicial district
comprised of a single parish with a population in excess of four hundred fifty thousand
persons as determined by the most recently published decennial federal census where the
election district is parishwide, as long as these offices are elective offices, and any candidate
for office with an election district containing a population in excess of two hundred fifty
thousand persons as determined by either the most recently published decennial federal
census or the annual American Community Survey data, whichever is most recent.
(19) "Nonparty primary candidate" means a candidate for a party primary office who
qualified for the general election for a party primary office in the manner provided by R.S.
18:410.8.
(20) "Paraphernalia" means campaign pins, buttons, badges, flags, emblems, hats,
shirts, banners, literature, and similar items.
(21) "Participation" or "participating" in an election means the following:
(a) With regard to a candidate, that the candidate was opposed by another candidate
in the election; however, any person who is a candidate as defined in this Chapter shall be
deemed to participate in the primary election whether or not the candidate has failed to
qualify for office after becoming a candidate, has withdrawn from the election, or is
unopposed therefor. Any candidate who withdraws from a general election subsequent to
a party primary election or the primary election and prior to the general election who would
have been qualified to appear on the general election ballot shall be deemed to participate in
the general election, as shall the person who would have been opposed by the one
withdrawing. Any candidate who withdraws after a party primary election and prior to the
second party primary election who would have been qualified to appear on the second party
primary election ballot shall be deemed to participate in the second party primary election,
as shall the person who would have been opposed by the candidate withdrawing.
(b) With regard to a political committee, that the committee:
(i) With regard to the primary election, gave or received a contribution prior to the
primary election from, to, or for a candidate participating in that primary election, made an
expenditure in support of or in opposition to a candidate participating in that primary
election, made a loan to or received a loan from a candidate or committee participating in
that primary election, or made a transfer of funds to or from another committee participating
in that primary election.
(ii) With regard to the party primary election, gave or received a contribution prior
to the party primary election from, to, or for a candidate participating in the party primary
election, made an expenditure in support of or in opposition to a candidate participating in
the party primary election, made a loan to or received a loan from a candidate or committee
participating in the party primary election, or made a transfer of funds to or from another
committee participating in the party primary election.
(iii) With regard to the second party primary election, gave or received a contribution
subsequent to the first party primary election and prior to the second party primary election
from, to, or for a candidate participating in the second party primary election, made an
expenditure in support of or in opposition to a candidate participating in the second party
primary election, made a loan to or received a loan from a candidate or committee
participating in the second party primary election, or made a transfer of funds to or from
another committee participating in the second party primary election.
(iv) With regard to the general election, that the committee gave or received a
contribution subsequent to the primary election from, to, or for a candidate participating in
the general election, made an expenditure in support of or in opposition to a candidate
participating in the general election, made a loan to or received a loan from a candidate or
committee participating in that general election, or made a transfer of funds to or from
another committee participating in the general election.
(c) A candidate or committee which participates in a party primary election, primary
election, or the general election shall be deemed to participate in the election.
(d) With regard to a person who solicits or receives any contribution or makes any
expenditure in support of or in opposition to a proposition or question submitted to the
voters, that said person solicited or received a contribution or made an expenditure of five
hundred dollars or more.
(22) "Person" means any individual, partnership, limited liability company or
corporation, association, labor union, committee, corporation, or other legal entity, including
their subsidiaries.
(23) "Personal use" means any use of funds of a candidate, principal campaign
committee or subsidiary committee thereof, or leadership committee to fulfill a commitment,
obligation, or expense that primarily furthers the purposes of the candidate or elected official
or his immediate family member not connected to the conduct of a campaign by a candidate
or the holding of office and that would exist irrespective of the candidate's campaign or the
holding of office.
(24)(a)(i) "Political committee" means a committee organized for the primary
purpose of making expenditures supporting or opposing one or more candidates,
propositions, recalls of a public officer, or political parties, which accepts contributions in
the name of the political committee, or makes expenditures from political committee funds
or in the name of the political 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 one thousand dollars within any calendar year.
(ii) "Political committee" shall also include a committee which supports or opposes
one or more candidates, propositions, recalls of a public officer, or political parties, and
which accepts direct payments for personal services related to an election or a campaign in
the name of the political committee in an aggregate amount in excess of one thousand dollars
within any calendar year. Except that an entity that holds a license or permit duly issued by
the appropriate governmental entity to provide the personal services provided, regularly does
business in the state, and regularly has done business in the state for at least ninety days prior
to the date the personal services are provided and the personal services provided are the same
as the personal services regularly provided by the business in the normal and usual scope of
its usual business activities shall not constitute a "political committee" for purposes of the
requirements of R.S. 18:1491.1 through 1491.9 which would require such an entity to keep
records and submit reports.
(iii) Any state central committee, parish executive committee, and any other
committee of any political party which receives contributions or makes expenditures in an
aggregate amount in excess of two thousand five hundred dollars within any calendar year
shall be considered a "political committee" for the purposes of this Chapter.
(b) A principal campaign committee or subsidiary committee thereof, leadership
committee, or independent expenditure-only committee shall not be considered a "political
committee".
(c) Repealed by Acts 2008, No. 821, §2, eff. July 8, 2008.
(25) "Primary election" means any type of primary election, including a party
primary election and a second party primary election.
(26) "Primary purpose" means the purpose of making contributions or expenditures
that constitute the preponderance of the association, political party, or group's spending
during a calendar year.
(27) "Principal campaign committee" means a committee designated by a candidate
pursuant to R.S. 18:1491.3(A) or a committee which has designated subsidiary committee(s).
(28) "Public office" means any state, parish, municipal, ward, district, or other office
or position that is filled by election of the voters, except those specifically excepted in
Paragraph (3) of this Section.
(29) "Reporting period" shall mean those periods established by R.S. 18:1491.6(G)
and R.S. 18:1495.4(G).
(30) "Subsidiary committee" means a committee other than a principal campaign
committee, designated by a candidate or by a principal campaign committee pursuant to R.S.
18:1491.3(B) or (C) to receive contributions or make expenditures on behalf of the candidate
or the principal campaign committee.
(31) "Supervisory committee" means the Board of Ethics established in R.S. 42:1132
when functioning as the Supervisory Committee on Campaign Finance Disclosure, as
provided in R.S. 18:1511.1, to enforce the provisions of this Chapter.
(32) "Transfer of funds" means any money, regardless of amount, received by a
committee from another committee or money given by a committee to another committee for
any purpose provided for in R.S. 18:1505.2(I).