§1505.3. Subterfuge to avoid compliance with Chapter
A. As more specifically provided in R.S. 18:1491.3(D), no committee shall
nominally support an additional candidate or candidates for the purpose of avoiding
designation as a subsidiary committee and the requirements of this Chapter. The committee
chairman of any committee which violates the provisions of said Subsection D shall be
subject to the penalties provided in R.S. 18:1505.4, R.S. 18:1505.5, and R.S. 18:1505.6.
B. As more specifically provided in R.S. 18:1491.2(B) no committee shall dissolve
and reorganize under a modified name, charter, or organizational structure as a subterfuge
to avoid the reporting and other requirements of this Chapter. The chairman of any
committee(s) which violates the provisions of R.S. 18:1491.2(B) shall be subject to the
penalties provided in R.S. 18:1505.4, 1505.5, and 1505.6.
C. As more specifically provided in R.S. 18:1491.5(B)(2)(b) and 1495.3(B)(2)(b),
no person shall sell or buy raffle tickets or campaign paraphernalia in successive single
transactions for amounts below those for which specific records are required as a subterfuge
to avoid the requirements of this Chapter. Any person who violates the provisions of said
Paragraphs shall be subject to the penalties provided in R.S. 18:1505.4, 1505.5, and 1505.6.
D.(1)(a) No public relations firm, advertising agency, media buyer, or other person
who purchases media advertising time or space shall accept payment for placing any
advertisement which purports to be paid for by a particular candidate or committee from any
source other than such candidate or committee.
(b) Any person who violates the provisions of this Paragraph shall be assessed a
penalty by the supervisory committee of not more than five thousand dollars or the amount
of the payment, whichever is greater.
(2)(a)(i) No person shall pay for an advertisement which purports to be paid for by
a particular candidate or committee without the consent of such candidate or committee.
(ii) Any person who violates the provisions of this Subparagraph shall be assessed
a penalty by the supervisory committee of not more than five thousand dollars or the amount
of the payment, whichever is greater.
(b) If a publisher or broadcaster of an advertisement which purports to be paid for
by a particular candidate or committee accepts payment for such an advertisement from any
source other than such candidate or committee, the publisher or broadcaster shall require,
prior to publishing or broadcasting the advertisement, that the person making the payment
provide a written statement containing the following:
(i) The full name and address of the individual or name of the organization,
committee, or corporation, and the full name and address of its chairman or other chief
administrative officer who is the source of the funds used to pay for the advertisement, and
(ii) A statement that the advertisement is being run with the knowledge and consent
of the candidate or committee which the advertisement purports has paid for the
advertisement.
(c) A completed form meeting the standards required by the rules promulgated by
the Federal Communications Commission with regard to sponsorship identification of
political advertisements shall be sufficient to meet the requirements of Subparagraph (b) of
this Paragraph.
(d) The publisher or broadcaster shall maintain the statement as a public record at
its official business address or at the station address for a period of two years during which
time the publisher or broadcaster shall make the statement available for public inspection as
the custodian of a public record, pursuant to R.S. 44:1 et seq.
(e) Any person who provides false or inaccurate information in a statement required
by this Paragraph shall be assessed a penalty by the supervisory committee of not more than
ten thousand dollars.
(3) Nothing in this Subsection shall prohibit any person who publishes or broadcasts
political advertisements from accepting payment for a political advertisement from any
person, so long as the advertisement does not misrepresent who paid for the advertisement
either directly or indirectly through the person who purchased the advertising time or space.
However, if a third-party entity pays for a political announcement or advertisement for a
candidate, the name of the third-party entity shall be displayed on the face of the
advertisement. The font size of such display shall be no less than half of the font size of the
content of the advertisement.
(4) The provisions of R.S. 18:1505.5 and 1505.6 shall not apply to violations of this
Subsection.
Acts 1980, No. 786, §1, eff. Jan. 1, 1981. Acts 1988, No. 994, §1, eff. Jan. 1, 1989;
Acts 2001, No. 1194, §1; Acts 2008, 1st Ex. Sess., No. 14, §1, eff. Jan. 1, 2010; Acts 2020,
No. 161, §1, eff. Jan. 1, 2021; Acts 2025, No. 398, §1, eff. June 20, 2025.