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Last modified
7/12/2021 1:35:46 PM
Creation date
3/25/2014 3:14:40 PM
Metadata
2014-097
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2014-097
Requesting Party
Lane Grigsby
James Donohue, Attorney
Parties Involved
Cajun Industries LLC
Joey Couvillon
Decision Date
3/21/2014
Law
R.S. 18:1505.2(h)(1)(a)(1)
R.S. 18:1505.2(F)
Caption
Advisory opinion that the Campaign Finance Disclosure Act does not prohibit Mr. Lane Grigsby, who owns 73% total sharing ratio and voting rights of Cajun Industries, LLC, (Cajun) and Cajun, individually, from making the maximum campaign contribution to the same candidate, subject to the contribution limits set forth in the Campaign Finance Disclosure Act.
Campaign Finance Subject Matters
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In a prior opinion, Ethics Docket No. 2006-476,Joey Couvillon owned one wholly-owned limited <br /> liability company, one Subchapter S corporation, and 50% of three limited liability companies. Mr. <br /> Couvillon wanted to know what contribution limits applied to his companies and himself <br /> individually. The Board concluded that wholly -owned Subchapter S corporations and wholly - <br /> owned limited liability companies, because of their tax status and the interests of a stockholder in <br /> those legal entities, cannot be distinguished from its individual owner for purposes of contribution <br /> limits: Therefore, the contributor's individual contribution(s)were aggregated with any contribution <br /> made by his wholly-owned Subchapter S corporation and his wholly -owned limited liability <br /> company.With respect to the limited liability companies of which he owns 50 %, the Board <br /> concluded that the contribution made by the contributor and those three limited liability companies <br /> did not need to be aggregated for contribution limit purposes. <br /> La. R.S. 18:1483 (13) defines a "person" as any individual,partnership,Limited Liability Company or <br /> corporation,association,labor union,political committee,corporation or other legal entity,including <br /> their subsidiaries. In view of the 2006 opinion and La. R.S. 1505.2(F), since Mr. Grigsby does not <br /> have 100% ownership in the limited liability company, any contribution made by the limited liability <br /> company will not be aggregated with the contribution that Mr. Grigsby makes individually. <br /> Therefore, Mr. Grigsby may make a campaign contribution in the maximum amount in his <br /> own name and the limited liability company of which he owns 73% may make contributions <br /> subject to the contribution limits set forth in the CFDA. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or laws other than the Code of Governmental Ethics. If you <br /> have any questions,please contact me at(225)219-5600 or;(800).842]-6630. <br /> Sincerely, <br /> OUISIANA BOARD OF ETHICS <br /> Aneatra P. Boykin <br /> For the Board <br />
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