Campaign Organization & LA Campaign Finance Law Summary

1. Campaign Organization & LA Campaign Finance Law Summary Political Campaigning 101 Workshop – Lafayette, LA June 13, 2011 South Regional Library Jimmy Burland, J.D. 225-767-7163 office jimmy@burland.org e-mail 742 N. 5th Street Baton Rouge, LA 70802

2. Campaign Organization: • Initial preparation should include: • mental, physical and financial commitments • Lay the groundwork—first priorities include: • Learn Sec. of State/Clerk of Court qualifying rules! • Visibility—establish pre-emption in race • Key leaders—stay non-partisan early! • Core support—speak to groups that endorse • Opponents—information & research gathering • Fund-raising & financial policies • Personnel & headquarters set-up • Race & Precinct research: know your demographics and your local Registrar of Voter!

3. Make a Campaign Plan: • Cover these areas: • Develop clear objectives and goals — TO WIN! • 50% + 1 is overall goal • Establish research & Information Base • Budget & Cash-flow calendar with deadlines • Staff & Volunteer Structure with job descriptions • Message & GOTV—target your voters! • Strategy & Issues Development: focus on key issues and create a distinction from your opponent!

4. Candidate’s Time Management: • Candidate should be: • Spreading the message • Fund-raising (by phone & in person) • Meeting voters • Recruiting volunteers • Signing off on major strategy plans • Scheduled every day!

5. Time Management: • Candidate Should Not be: • Serving as campaign manager • In the office, except for meetings, phoning and thanking volunteers • Overseeing day-to-day operations • Doing anything NOT on your schedule • Avoiding media—call back immediately!

6. The Home Stretch . . . • Campaigns are usually won or lost during the final 30 days . . . as your field effort shifts from identifying favorable voters to getting them out to vote! (GOTV) • Election day effort is just as important as the rest of the campaign activity! • So have “GOTV” and “ED” Plans ready!

7. LA Campaign Finance Law Summary • LA Board of Ethics acts as the Supervisory Committee on Campaign Finance Disclosure • And administers the Campaign Finance Disclosure Act (LA RS 18:1482 et seq.)

8. When are you a candidate? • "Candidate" Person who seeks nomination or election to public office (except national offices and political party offices). • A person is a candidate when: (1) he receives a contribution or makes an expenditure, or gives his consent for another person to do so, with a view to influencing his nomination or election to office, even if the specific office is not known, or • (2) he qualifies for office.

9. Levels of Office for Candidates • Major • offices elected statewide • Public Service Commissioner, Supreme Court Justice, Court of Appeal Judges, • BESE, and district court judges elected parishwide in Orleans • any office with an election district containing a population in excess of 250,000, including • offices elected parishwide in Caddo, East Baton Rouge, Jefferson and Orleans. • District • Any Other

10. Levels of Office for Candidates District • a. office of a member of the Louisiana Legislature • b. offices elected parishwide (except in Caddo, East Baton Rouge, Jefferson and Orleans) • c. offices elected in more than one parish (unless the population exceeds 250,000) • d. offices elected in a district with a population in excess of 35,000, but less than 250,000, • including offices elected citywide in the cities of Alexandria, Bossier City, Kenner, Lafayette, • Lake Charles, Marrero, Metairie, Monroe and Shreveport, and offices elected in East Baton • Rouge that are not parishwide. • e. district court judgeships (except those in Orleans Parish); family court; juvenile; and, city • court judgeships; city court marshals and city court constables. • f. offices elected in a city or parish election in a parish with a municipality with a population • of 450,000 or more (Orleans Parish). • g. offices to a board or governing authority which has within its jurisdiction a municipality with • a population of 225,000 or more (East Baton Rouge Parish).

11. Levels of Office for Candidates • Any Other: • means offices not considered major or district, i.e., offices elected in a • district having a population of 35,000 or less and not elected parishwide.

12. Importance of Levels of Office for Political Committees--determine: • Contribution Limits (More $$ allowed for larger offices) • Reporting Requirements (PACs file on same schedule as candidates)

13. Contribution Limitsto Candidates • Major - $5,000 per election • District - $2,500 per election • Any Other - $1,000 per election • (primary & general are “separate” elections!) • “Big PACs” to candidates – double the limit • Aggregate PAC limits (for both elections): • Major: $80,000 max • District: $60,000 max • Other: $20,000 max

14. Political Committees • Defined • Two or more persons, other than a husband and wife, and any corporation organized for the primary purpose of supporting or opposing one or more candidates, political parties, propositions or recall efforts with activity over $500 in a calendar year. • Any corporation or group that accepts payments for personal services related to an election or campaign in excess of $500 during a calendar year, unless it has been permitted or licensed to provide that type of service and has been doing so on a regular basis in the area at least 90 days prior to the services being rendered. • Big PACs • A PAC that had over 250 members who contributed at least $50 to the PAC during the preceding calendar year and receive a certification as such from our office

15. Political Committees • Registration • Annual requirements • Must be on check drawn on committee’s account • Out-of-State PACs: • Supports candidates in states other than LA; • Receives less than 50% of its receipts during calendar year from persons in Louisiana; and, • Expends less than 50% of its disbursements during calendar year, but not more than $20,000, to support or oppose Louisiana candidates. • Officers: Must have Chairman or Treasurer; others optional

16. Contribution Limitsto Political Committees • From individuals or legal entities • $100,000 between 1/1/11 and 12/31/14 • From another political committee • Determined by highest level of office sought by candidate supported or opposed by the recipient PAC • Act 848 of 2010 Regular Session – contributions from PAC to a Party PAC is $100,00 during set 4 year period

17. Recordkeeping Requirements • Retention of Records-2 or 6 yrs. • Designation of campaign depository--bank • Contributions data • Cash Contributions-receipt! • Expenditures data • Contributions to Candidates

18. Reporting Requirements • Political committees that either receive contributions or loans in excess of $50,0000 or make expenditures in excess of $50,000 in a calendar year MUST electronically file reports. The report is deemed filed on the date it is electronically submitted. • For reports that are not required to be filed electronically, the report is deemed filed when it is: • Received; • Postmarked; • Date receipted on a return receipt, if sent by U.S Postal Service; • Date filed electronically; or, • Date deposited with a commercial delivery service as evidenced on a receipt.

19. Reporting Requirements and Deadlines • Monthly Reporting • Must opt in to file on a monthly basis • Reports are due by the 10th of the subsequent month • Special reports must be filed if participating in an election • Candidate Elections • Deemed to be participating in an election when support or oppose a candidate in the election • Not required to file election day report unless made election day expenditures • Proposition/Recalls

20. Failure to Timely File Per day penalties: • PACs - $200/day - $3,000/max • Proposition - $40/day - $1,000/max

21. Prohibited Practices • Contributions through or in the name of another • Contributions from an anonymous source • Cash Contributions over $100 • Payments to haul voters to the polls • Coercing persons to make contributions • Contributions from those interested in the riverboat gaming industry and the land based casino industry

22. Use of Campaign Funds • Appropriate use of campaign funds • Cannot be used for any personal use unrelated to a political campaign or the holding of public office • PAC may use for administrative or operating expenses • Use of surplus funds

23. Where to Get More Information • Ethics Website: www.ethics.state.la.us • Informal Advice: (225) 219-5600; (800) 842-6630 225-767-7163 office phone 742 N. 5th Street, Baton Rouge, LA 70802 jimmy@burland.org e-mail www.burland.org web site