| Advisory opinion request by Ralph Alexis, III, on behalf of Third District Volunteer Fire Department (Jefferson Parish), regarding whether the reporting requirements of the Campaign Finance Disclosure Act requires persons to file reports in connection with expenditures made for a mailer opposing a proposition on the April 29, 2017 election. |
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The Third District Volunteer Fire Department (Department) has previously entered into a contract with Jefferson Parish Fire Protection District No. 3 (District) to provide fire protection and suppression and related services to the District.
A proposition was put to a vote by the District on April 29, 2017 with the purpose of increasing the millage used to fund fire protection in the District. If passed, this proposition would have terminated the Department's contract with the District. Jefferson Parish East Bank Consolidated Fire Department would take their place for fire protection and suppression.
Jody Sanderson, a Department member, entered into an agreement with LeBlanc & Schuster Public Relations Inc. to print and mail a flier. The cost of the mailing and fliers was $4,366.33 and no payment has been made to LeBlanc & Shuster. Mr. Sanderson has requested that the Department pay all or part of his obligation. The Department is interest in soliciting donations to offset the costs of paying the total bill related to the fliers.
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La. R.S. 18:1486A(1) provides that any person, including a political committee, who receives and accepts any contribution, loan, or transfer of funds, or makes any expenditure in support of or in opposition to a proposition or question submitted to the voters shall be required to file reports of such contributions and expenditures.
La. R.S. 18:1486B provides that these requirements shall be applicable only if the aggregate amount of contributions, loans, and transfers of funds received and accepted or expenditures made equals or exceeds two hundred dollars at any time during the aggregating period; except that, with regard to expenditures made in support of or in opposition to a proposition or question submitted to the voters by a person who is not a candidate or a member of the principal campaign committee of a candidate or of a political committee, these requirements shall be applicable only if the aggregate amount of expenditures made equals or exceeds one thousand dollars. "Aggregating period" for purposes of this Section shall mean the period from the date on which the first contribution is received or the first expenditure is made by the person or political committee, whichever is earlier, through the closing date for the last report required to be filed in accordance with this Chapter.
La. R.S. 18:1486C(1) provides that reports required as provided in Paragraph A(1) of this Section shall be filed not later than the thirtieth day prior to the election, which shall be complete through the fortieth day prior to the election, not later than the tenth day prior to the election, which shall be complete through the twentieth day prior to the election, and not later than the fortieth day after the election, which shall be complete through the thirtieth day after the election. During the period from midnight of the twentieth day prior to the election and extending through midnight of election day a report shall be filed within forty-eight hours after the time any contribution, loan, or transfer of funds is received and accepted or expenditure in excess of two hundred dollars is made; if such time falls other than during regular working hours, this report shall be filed with the supervisory committee on the next working day after the report is otherwise due. Such report shall provide information relative to such contributions, loans, and transfers of funds and expenditures in excess of two hundred dollars as provided in R.S. 18:1491.6(C). If the report filed on the fortieth day after the election shows a deficit, the person or political committee reporting shall be required to file supplemental reports as required by R.S. 18:1491.6(D).
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| Assigned Attorney: |
Brett Robinson |
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