La. Admin. Code tit. 52 § I-1608

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1608 - Return of Funds Accepted by a Legislator during a Legislative Session

A. A legislator who wishes to accept a contribution, loan, or transfer of funds during a regular legislative session as a candidate for an office described in R.S. 18:1505.2Q(3)(b) must open a bank account, separate from any existing campaign or personal accounts, into which such contributions, loans, or transfer of funds are deposited.

B. A legislator who determines he will not seek the office for which he accepted funds during a regular legislative session, or who fails to qualify for the office for which funds were collected, must return each such contribution, loan, or transfer collected during the regular legislative session which remains unencumbered or unexpended for expenses directly related to his campaign for an office other than a federal office, no later than 30 days after the legislator determines he will not seek the office, after the close of the qualifying period for the office declared by the legislator and for which he did not qualify, or after the close of the qualifying period in which he qualified for an office other than one described above, whichever occurs first.

C. In determining whether a contribution, loan, or transfer was expended or encumbered for expenses directly related to a campaign, a "first in, first out" basis of accounting shall be used, with the candidate deemed to have expended funds as they were collected. Funds still on hand, and therefore subject to return, will be the latest funds collected.

D. To determine whether the expenditure or encumbrance was directly related to an office described in R.S. 18:1505.2Q(3)(b), other than a federal office, the Supervisory Committee will examine the nature of expenditures made or debts incurred including the nature of the advertising, geographic distribution of the advertising, and whether the advertising specifically promoted the elected official for a particular office. Expenditures other than advertising will be examined using similar criteria.

E. Any loans accepted by a legislator in accordance with R.S. 18:1505.2Q(3)(a)(ii) may be repaid at any time with funds collected during a regular legislative session.

La. Admin. Code tit. 52, § I-1608

Promulgated by the Department of Civil Service, Board of Ethics, LR 30:2687 (December 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 42:1134(A).