| Advisory opinion request as to whether paid advertisements with certain types of speech would be considered "expenditures" triggering mandatory disclosure requirements under the Campaign Finance Disclosure Act. |
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The Center for Individual Freedom (CFIF), a non-profit 501(c)(4) organization, which often speaks publicly during the months leading up to elections regarding important issues of public policy. CFIF expends funds for ads which refer to individual candidates who are relevant to the issue debate. CFIF provided samples of the types of speech CFIF is contemplating making in the future and asked if these types of expenditures would trigger mandatory disclosure under the CFDA.
(A) One week before a general election to the Louisiana Supreme Court, CFIF broadcasts the following radio advertisement that refers to a candidate for re-election to the Supreme Court:
Announcer: "Mary Smith - The first woman Justice on Louisiana's Supreme Court. Mary Smith - 35 years' experience on the bench. Mary Smith - Using common sense principles to uphold the law. Mary Smith - Putting victims' rights ahead of criminals and protecting our Supreme Court from the influence of special interests. Mary Smith - A fair and independent voice for Louisiana."
(B) CFIF broadcasts a television advertisement identical to the one described in Question A, except that it begins with: "Mary Smith - Republican Supreme Court candidate."
(C) One week before a general election to the Louisiana Supreme Court, CFIF broadcasts the following television advertisement that refers to John Doe, one of the candidates:
"We live in violent and dangerous times. As a private lawyer free to choose his own cases, John Doe chose to represent a client charged with terrorism-related crimes. To finance his own lavish lifestyle, John Doe worked to put violent criminals back on the street. Ask your neighbors: What do you know about John Doe?"
(D) CFIF broadcasts an ad identical to the one described in Question C, except that the closing line is "Is this your idea of justice for Louisiana?" (E) One week before a general election for Louisiana Supreme Court, CFIF broadcasts a television advertisement identical to that in Question C except that it includes the following about candidate Richard Roe:
Audio by Announcer
"Richard Roe chooses to represent honest citizens and businesses trying to be sure they comply with the law." "Helping honest folds comply with the law. He wants to be clear."
(F) CFIF broadcasts an ad identical to the one described in Question E, except that the closing line is "Richard Roe has the right plan for Louisiana."
(G) One week before a general election for state Attorney General, CFIF broadcasts the following radio advertisement:
Announcer: "Candidate John Doe wants to be Louisiana's Attorney General. Newspapers report John Doe has been ‘shaking down contributors -selling favors' and ‘offering lobbying help to corporate executives in exchange for campaign contributions.'John Doe just sent an e-mail to the CEO of GasCo saying: ‘If I become Attorney General, I will be in a position to help your industry. Let me know when we can schedule a fundraiser.'Don't let John Doe fool you. He's already on the take. Ask the Louisiana Ethics Board to investigate John Doe."
(H) Six weeks before a general election for members of the Louisiana Senate, CFIF broadcasts the following radio advertisement that refers to an incumbent Senator, who also is a candidate, and to actual proposed legislation:
Announcer:
"Bill 123 is a bad idea for Louisiana.
Bill 123 will drive up taxes and cut employment.
Bill 123 helps only the Widget industry, no one else.
Senator John Doe now says he supports Bill 123.
Call Senator John Doe.
Tell him to worry about our paychecks first, not his political contributions."
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La. R.S. 18:1483(9)(a) defines "expenditure" as a purchase, payment, advance, deposit, or gift, of money or anything of value made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, for the purpose of supporting or opposing a proposition or question submitted to the voters, or for the purpose of supporting or opposing the recall of a public officer, whether made before or after the election.
La. R.S. 18:1501.1A(1) requires any person, other than a candidate or a political committee, who makes any expenditure or who accepts a contribution, other than to or from a candidate or to or from a political committee, to file reports if either said expenditures or said contributions exceed five hundred dollars in the aggregate during the aggregating period as defined for committees.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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