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2007-787
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Last modified
7/12/2021 3:46:37 PM
Creation date
4/20/2010 8:57:18 AM
Metadata
2007-787
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2007-787
Requesting Party
Louisiana Board of Ethics
Parties Involved
James David Cain
Agency at Issue
Campaign Finance Disclosure Act
Decision Date
9/30/2009
Law
1505.2I
Caption
James David Cain violated the restrictions on the use of campaign funds in the CFDA when he used campaign funds for a personal use unrelated to the holding of or seeking of public office.
Campaign Finance Subject Matters
Prohibited Use of Campaign Finance Funds
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iihEthics Board Docket No. 2007-787 <br /> Page 3 of 7 <br /> 11. <br /> - a$50 donation on September 24,2007 to Lauren Nugent, donation was for Rodeo Queen <br /> 4. <br /> On Mr.Cain's tenth day prior to the general(10-G)campaign finance disclosure report,filed <br /> on November 7, 2007,he disclosed the following expenditure: <br /> - a$25 donation on October 23, 2007 to Phillip Rush <br /> 5. <br /> On Mr. Cain's fortieth day after the general(40-G)campaign finance disclosure report, <br /> filed on December 27, 2007,he disclosed the following expenditure: <br /> - a$100 donation on November 16, 2007 to Earl Smith,birthday gift <br /> II. <br /> 9 <br /> APPLICABLE LAW <br /> Section 1505.2I of the Campaign Finance Disclosure Act ("CFDA") prohibits campaign <br /> funds from being used,loaned,or pledged for any personal use unrelated to a political campaign or <br /> the holding of public office; except that excess campaign funds may be returned to contributors on <br /> a pro rata basis,given as a charitable contribution as provided in 26 USC 170©given to a charitable <br /> organization as defined in 26 USC 501(c)(3), expended in support of or in opposition to a <br /> proposition,political party, or candidacy of any person,or maintained in a segregated fund for use <br /> in a future political campaign or activity related to preparing for future candidacy to elective office. <br /> The provisions of LSA-R.S. 18:1505.2(J) provide that any candidate who violates the <br /> prohibition on personal use of campaign funds shall be assessed a penalty of$5,000 or the amount <br /> of the violation, whichever is greater, except that the penalty for a knowing and willful violation <br />
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