2004 Regular Session Highlights
Ethics
by: Tabitha Irvin-Gray
(225) 342-0645
CAMPAIGN FINANCE / ETHICS
As part of the Governor’s agenda House Bill
530 by Representative Charles Lancaster (Act 115) and companion bill Senate Bill
580 by Senator Charles Jones (pending S&GA) prohibits a person making a
campaign contribution in the name of another person. A penalty of the amount of
the contribution plus 10% is imposed for a person who unknowingly violates the
prohibition, and for a penalty of twice the amount of the contribution for any
person who knowingly and willfully violates the prohibition. The definition of
knowing and willful for purposes of this bill means any conduct which could have
been avoided through the exercise of due diligence.
House Bill 1015 by Representative Charles
Lancaster(Act 783) was encouraged by the governor to promote good government
which prohibits legislators and the governor from accepting and depositing
certain campaign contributions, campaign loans, or transfers of funds during a
regular session, to prevent the appearance of undue influence on decision-making
by certain persons who may have a particular substantial economic interest in
legislation. Any campaign contributions, campaign loans, or transfer of funds
received during a regular session must be returned within 10 days after its
receipt. A legislator or the governor may obtain a loan by a financial
institution or certain depository institutions for his own campaign during a
regular session if the official is the sole endorser and guarantor. If a
legislator or the governor seeks election to an office other than the office he
currently holds and accepts and deposits campaign contributions, loans, or
transfer of funds during a regular session, the official must return all monies
raised but not expended or otherwise encumbered for election to the office if he
withdraws form the election. The money is permitted to reduce the balance of or
pay off a loan obtained for the official’s campaign. A legislator or the
governor who is a candidate for U.S. Congress or an office to be filled by an
election occurring during the regular session or within 60 days after such
regular session adjourns or an office other than the office held by the
official. The acceptance and deposit of campaign contributions is prohibited in
the regular session of the legislature occurring in the year of the regular
legislative or gubernatorial election.
From the perspective of ethics and good
government, Governor Blanco supported House Bill 1126 by Representative Edwin
Murray (Acat 862) which required persons who make independent expenditures
in support or opposition to a candidate to the same reporting standard required
for candidates and political committees participating in the election of a
candidate. Candidates and political committees participating in the election of
a candidate is required to file 48-hour reports of contributions and
expenditures in excess of certain amounts in the 20 days prior to the election.
Persons making independent expenditures or who accept contributions other than
to or from a candidate or political committee file regularly scheduled campaign
finance reports of such expenditures and contributions exceed $500. Persons who
make independent expenditures in support or opposition to a candidate to file
48-hour reports in the 20 days prior to an election if the independent
expenditures are in excess of $1,000 for major office; $500 for district office;
and $500 for any other office.
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