Procedures

CAMPAIGN FINANCE COMPLAINTS

What is a campaign finance complaint?
A campaign finance complaint is a written request asking the Louisiana Board of Ethics to conduct an investigation that a person may have violated a provision of the Campaign Finance Disclosure Act (CFDA) (R.S. 18:1481, et seq.) Following are links to summaries of those laws pertaining to specific filer types: (CFDA Summary for Candidates and CFDA Summary for PACs).

Complaints are confidential and privileged. Neither the Board of Ethics nor its staff are allowed to provide information to the public about such. However, upon receipt of a complaint regarding a violation of the CFDA, the person who is the subject of the complaint is provided with a copy of the complaint, with the name and address of the complainant redacted. Please note, that staff may not be able to redact all identifying information from the body of the complaint, so the complainant should avoid including any such identifying information, if they do not want their identity as the complainant revealed to the respondent.

Who may submit a complaint?

Any person who is a resident of the State of Louisiana.

Is there a form for filing the complaint?

Yes. Following is a link to the form: Campaign Finance Complaint Form

Is the form required to file a complaint?

No. However, R.S. 18:1511.4A(2) requires that the complaint must contain all of the following information:

1. The complainant's full name and mailing address.
2. An email address for the complainant, if available.
3. The identification of each person who is alleged to have violated the Campaign Finance Disclosure Act (“CFDA”).
4. A clear and concise recitation of the facts describing the alleged violation of the CFDA.
5. With respect to statements made in the complaint, the complainant shall:
   1. Indicate whether the statements are based on the complainant’s personal knowledge, or
   2. Include reasonable identification of the source of the information which gives rise to the complainant’s belief in the truth of the statements in the complaint.
6. All documentation in the possession of the complainant that supports the facts alleged in the complaint.

How do you submit a campaign finance complaint?

It may be in a letter-format addressed to the Louisiana Board of Ethics, which may submitted by:

1. Mail – P. O. Box 4368, Baton Rouge, LA 70821;
2. Fax – 225/381-7271;
3. Upload – Send in a PDF file format through the Ethics File Upload website; or
4. Hand-delivered – 617 North Third Street, 10th Floor, Baton Rouge, LA 70802.

What is the campaign finance complaint process?

1. Once the complaint is received, it is assigned to a staff attorney, who will determine whether the complaint provides all the necessary information required by R.S. 18:1511.4A(2). The complainant will receive an acknowledgment letter, which will provide them with the docket number assigned to their complaint.
2. The person identified in the complaint as violating the CFDA is referred to as the respondent.
3. If the complaint does not substantially comply with R.S. 18:1511.4A(2), the staff attorney will send a notice to the complainant and the respondent within 5 business days that no action will be taken with respect to the complaint. A copy of the redacted complaint will be provided to the respondent.
4. If the complaint substantially complies with R.S. 18:1511.4A(2), the staff attorney will send the respondent notice of receipt of the campaign finance complaint, along with a copy of the redacted complaint. The notice shall inform the respondent that they have 15 days from receipt of the notice to submit a letter or memorandum setting forth reasons why the Board should take no action, along with supporting documentation.
5. After the 15 days has expired, the complaint and response/memorandum from the respondent, if one is received, shall be included on the Board of Ethics next agenda for consideration during executive session. At that meeting, the Board of Ethics may by a majority vote decline to investigate the matter or, by a vote of at least 10 members refer the matter to investigation.
6. The purpose of the investigation is to gather facts, which includes obtaining documents and statements from witnesses. An investigation report is compiled and presented back to the Board of Ethics to determine whether a violation of one of the laws under the jurisdiction of the Board of Ethics has occurred and what enforcement action, if any, should be taken. The respondent and the complainant is notified of the final decision of the Board of Ethics.