La. Admin. Code tit. 52 § I-1609

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1609 - Return of Funds Accepted by the Governor during a Legislative Session or 30 Days

A. A governor who wishes to accept a contribution, loan, or transfer of funds during a regular legislative session or within 30 days thereafter as a candidate for an office described in R.S. 18:1505.2R(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 governor who determines he will not seek the office for which he accepted funds during a regular legislative session or within 30 days thereafter, 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, or within 30 days thereafter, 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 governor determines he will not seek the office, after the close of the qualifying period for the office declared by the governor 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. 18:1505.2R(3)(b), whichever is applicable, 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 the governor in accordance with R.S. 18:1505.2R(3)(a)(ii) may be repaid at any time with funds collected during or after a regular legislative session.

La. Admin. Code tit. 52, § I-1609

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).