(The Center Square) — The Louisiana Department of Civil Service’s Board of Ethics has proposed a new rule to standardize the handling of campaign finance complaints under the Campaign Finance Disclosure Act.
The proposal requires complaints to be signed and submitted on an approved form, including the complainant’s name, address, and a clear description of alleged CFDA violations, backed by supporting documents.
Within five business days, board staff will assess compliance, notifying parties if the complaint falls short or, if valid, sending a redacted version to the accused — known as the respondent — who has 15 days to reply. The board, requiring a two-thirds quorum, can dismiss complaints by majority vote or find violations with a two-thirds vote, issuing detailed findings.
The rule codifies Act 664 from the 2024 session, refining procedures amid pressure to renew the board’s authority, which is tied to the state’s civil service system and set to expire without legislative action.
Public comments were due by Feb. 10, but according to the Board of Ethics’ website, none were received. The final rule is scheduled to be finalized and published on April 10.
Stephen Gelé, an attorney with Griffin & Bivalacqua, told the House and Governmental Affairs Committee in October that the board’s broad interpretations of the disclosure act infringe on First Amendment rights.
“Where the First Amendment is implicated, the tie goes to the speaker, not the censor,” Gelé said, citing the U.S. Supreme Court’s Citizens United v. FEC (2010) ruling, which warns against laws forcing individuals to hire lawyers before engaging in political speech.
He argues the board’s theories and investigations burden respondents, diverting funds from speech to compliance, and that the law lacks clarity required by the Louisiana Supreme Court for penal laws.
The new rule might address some of Gelé’s clarity concerns by spelling out complaint requirements and timelines, potentially reducing arbitrary enforcement.
