2003-908
Created By: Sylvia Scott on 02/11/2005 at 10:44 AM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:

February 10, 2005

Lenwood Broussard Committee for Honest Representation
100 Thrasher Barbara Daughdrill
Lafayette, LA 70506 101 Thrasher
Lafayette, LA 70506


Dear Mr. Broussard and Ms. Daughdrill:

The Louisiana Board of Ethics, acting in its capacity as the Supervisory Committee on Campaign Finance Disclosure, (the ABoard@), after conducting a confidential investigation, finds that you violated provisions of the Campaign Finance Disclosure Act (the “Act”). The information obtained by the Board during the course of its investigation suggests the following:

Lenwood Broussard, was a candidate for Lafayette Parish Council in the October 4, 2003 election.

The Committee for Honest Representation made expenditures in excess of $500 in opposition to Mr. Broussard’s opponent for parish council.

Mr. Broussard attended meetings of the Committee for Honest Representation and was aware that a flyer would be distributed in the name of the committee. Mr. Broussard did not report the receipt of in-kind contributions from the committee. The committee did not register or file campaign finance disclosure reports.

If called to testify, Mr. Broussard and representatives of the committee would state that they did not intentionally violate the provisions of the Campaign Finance Disclosure Act.

Section 1483 of the Act defines a “political committee” as a group of two or more person whose primary purpose is to support or oppose a candidate(s) and has more than $500 in activity. Section 1491.1 of the Act requires a political committee to register and file reports in accordance with Section 1491.6 of the Act. Also, Section 1483 defines an “in-kind contribution as an expenditures made by a person with the cooperation or consultation of the candidate. If a candidate receives an in-kind contribution, he is required to disclose the receipt of the contribution on his campaign finance reports. Failure to accurately report transactions related to a campaign results in a violation of Section 1505.1C of the Campaign Finance Disclosure Act.

Based on the facts as outlined above, the Board concludes that the committee violated Sections 1491.1 and 1491.6 of the Act and Mr. Broussard violated Section 1505.1C of the Act. The Board further concludes that a joint $1,000 penalty, payable to the State Treasurer, should be imposed for violating the Campaign Finance Disclosure Act.

By Order of the Board this 10th day of February, 2005.



s/Robert L. Roland Did not participate.
Robert L. Roland, Chairman Henry C. Perret, Jr. , Vice-Chairman

s/John W. Greene s/E. L. Guidry, Jr.
Judge John W. Greene Judge E. L. Guidry, Jr.



s/R. L. Hargrove, Jr. s/Michael J. Kantrow, Sr.
R. L. Hargrove, Jr. Michael J. Kantrow, Sr.



s/Joseph Maselli Absent and did not participate.
Joseph Maselli T. O. Perry, Jr.



s/Ascension Delgado Smith s/Dolores Spikes
Ascension Delgado Smith Dr. Dolores Spikes



s/Edwin O. Ware
Edwin O. Ware


CONSENT

The undersigned (a) stipulates to the facts found by the Board; (b) waives the procedural requirements contained in R.S. 18:1511.1 et seq.; (c) admits to the violation of R.S. 18:1505.1C described above; (d) consents to the publication of this opinion; (e) agrees to comply with the conditions and orders set forth in this opinion; and (f) agrees not to seek judicial review of the findings and actions taken in this opinion.



s/Lenwood Broussard 1/24/05
CONSENT

The undersigned (a) stipulates to the facts found by the Board; (b) waives the procedural requirements contained in R.S. 18:1511.1 et seq.; (c) admits to the violations of R.S. 18:1491.1 and 1491.6 described above; (d) consents to the publication of this opinion; (e) agrees to comply with the conditions and orders set forth in this opinion; and (f) agrees not to seek judicial review of the findings and actions taken in this opinion.



s/Barbara Daughdrill 1/24/05 Through its representative
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