Louisiana Statutes § 18:1505.2.1 Designation and attribution of contributions

Statute Text

A.

(1) A candidate may receive contributions designated in writing for use in connection with either the primary election or the general election in a single election cycle. The candidate shall use an acceptable accounting method to distinguish between contributions attributed to the primary election and contributions attributed to the general election.

(2)

(a) Acceptable accounting methods include but are not limited to the creation and designation of separate accounts for each election or the establishment of separate books and records for each election.

(b) A candidate's records shall demonstrate that prior to the primary election, recorded cash on hand was at all times equal to or in excess of the sum of general election contributions received less the sum of general election disbursements made.

B. A contribution may be designated in writing in the following manner:

(1) A check, money order, or other negotiable instrument that clearly indicates the particular election for which the contribution is made.

(2) The contribution is accompanied by a written statement, signed by the contributor, that clearly indicates the particular election for which the contribution is made.

(3) The contribution is redesignated in accordance with Paragraph (G)(1) of this Section.

C. For the purposes of this Section, a contribution shall be considered to be made when the contribution is delivered to the candidate. A contribution that is mailed to the candidate shall be considered to be delivered on the date of the postmark. An in-kind contribution shall be considered to be delivered on the date that the goods or services are provided by the contributor.

D. The candidate may accept contributions that are designated in writing for use in the general election prior to the date of the primary election.

E. If the candidate does not participate in the general election, any contributions designated for the general election shall be treated as excess campaign funds and may be redesignated as provided in Subsection G of this Section or expended as provided in R.S. 18:1505.2 (I) , except that such funds may not be expended in support of or in opposition to a proposition, political party, or candidacy of a person, or maintained in a segregated fund for use in future political campaigns or activity related to preparing for future candidacy to elective office.

F.

(1) If a contribution is designated in writing for a particular election, but made after that election, the contribution shall be applied to the designated election only to the extent that the contribution satisfies any outstanding deficit from such election, subject to the limits provided in R.S. 1505.2(H)(1)(c) and (2)(e) and (f). If the contribution exceeds the outstanding deficit, the candidate shall return or deposit the contribution within ten days from the date of the candidate's receipt of the contribution. If deposited, then within sixty days from the date of receipt the candidate shall take one of the following actions:

(a) Refund the contribution using a committee check or draft.

(b) Obtain a written redesignation for another election as provided in Subsection G of this Section, subject to the limits provided in R.S. 1505.2(H).

(c) Obtain a written reattribution to another contributor as provided in Subsection H of this Section, subject to the limits provided in R.S. 1505.2(H).

(2) If a contribution is designated in writing for a particular election but made after that election and the candidate does not have an outstanding deficit for the designated election, the contribution shall be treated as excess campaign funds and may be expended as provided in R.S. 18:1505.2 (I) , except that such funds may not be expended in support of or in opposition to a proposition, political party, or candidacy of a person, or maintained in a segregated fund for use in future political campaigns or activity related to preparing for future candidacy to elective office.

G.

(1) For an undesignated contribution, a candidate may designate the contribution for a particular election if the contribution exceeds the contributions limitation provided for in R.S. 18:1505.2 (H) for a single election or the contribution was received after the date of the election for which there is an outstanding deficit on the date the contribution was received. Within sixty days following the receipt of the contribution, the candidate shall notify the contributor in writing of the amount of the contribution that was redesignated and that the contributor may request a refund of the contribution.

(2) A candidate may request that all or part of a contribution designated for a certain election be redesignated for a different election if the contribution, either on its face or when aggregated with other contributions from the same contributor for the same election, exceeds the contributions limitation provided in R.S. 18:1505.2 (H) .

(3) A contribution designated for a particular election shall be redesignated for another election if both of the following apply:

(a) The candidate requests that the contributor provide a written redesignation of the contribution and informs the contributor in writing that the contributor may, instead of providing for redesignation, request the refund of the contribution.

(b) Within sixty days from the date of the candidate's receipt of the contribution, the contributor provides the candidate with a signed, written redesignation of the contribution for another election.

H. If a contribution exceeds the contributions limitation provided in R.S. 18:1505.2 (H) , the candidate may reattribute the excess contribution to another contributor as follows:

(1) If the contribution was made by a written instrument imprinted with the names of more than one individual, the total contribution may be attributed among the named individuals unless the instrument clearly indicates otherwise or the candidate receives a separate writing signed by the contributors. Such attribution shall not cause any contributor to exceed the contributions limitation provided in R.S. 18:1505.2 (H) .

(2) If the contribution was made by a single contributor and the contribution would cause the contributor to exceed the contributions limitation provided in R.S. 18:1505.2 (H) , the candidate may ask the contributor whether the contribution was intended to be a joint contribution by more than one person. The candidate shall notify the contributor in writing of the amount of the excess contribution and that the contributor may request a refund of the contribution. If within sixty days following the date the contribution was made the contributors provide the candidate with a written reattribution of the contribution, signed by each contributor indicating the amount to be attributed to each contributor, the candidate may attribute the contribution as indicated.

I. For purposes of this Section, "candidate" includes a candidate and the candidate's principal or subsidiary campaign committee.

History

Added by Acts 2024 , No. 664 , s. 2 , eff. 1/1/2025 .