2007-646
Created By: Sylvia Scott on 04/16/2008 at 09:25 AM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:


LOUISIANA BOARD OF ETHICS
acting as the
SUPERVISORY COMMITTEE ON CAMPAIGN FINANCE DISCLOSURE

DATE: April 11, 2008 OPINION NO. 2007-646

RE: In the matter of Bobby Jindal and the Bobby Jindal Campaign Committee

The Louisiana Board of Ethics, in its capacity as the Supervisory Committee on Campaign Finance Disclosure (the “Board”), pursuant to the provisions of Section 1511.4 of the Campaign Finance Disclosure Act (CFDA), conducted an investigation to determine whether Bobby Jindal and the Bobby Jindal Campaign Committee accurately reported in-kind contributions received from the Louisiana Republican Party. At the conclusion of the investigation, the Board filed the following charges:
However, the Board, with the cooperation of Bobby Jindal and the Bobby Jindal Campaign Committee, makes the following:
I.
FINDINGS OF FACT
1.
Bobby Jindal was the successful candidate for Governor in the October 20, 2007 election.
2.
Bobby Jindal established and designated the Bobby Jindal Campaign Committee to maintain the campaign’s records and to file his campaign finance reports. Therefore, under R.S. 18:1491.3 the campaign committee shall report in lieu of the candidate all information required to be reported. In 2007, Rolfe McCollister served as the treasurer for the Bobby Jindal Campaign Committee.
3.
On June 4, 2007 and June 13, 2007, the Louisiana Republican Party made expenditures totaling $118,264.76 on direct mail pieces in support of Bobby Jindal’s candidacy.
4.
On July 23, 2007, the Bobby Jindal Campaign Committee timely filed its 90th day prior to the primary campaign finance disclosure (90-P) report.
5.
The expenditure by the Louisiana Republican Party was not disclosed on Bobby Jindal’s 90-P report. It is stipulated that the expenditures by the Louisiana Republican Party totaling $118,264.76 were in-kind contributions. Thereafter, the 90-P report was amended on September 7, 2007 to properly disclose the receipt of in-kind contributions from the Louisiana Republican Party in the amount of $118,264.76.
II.
APPLICABLE LAW
The CFDA defines a contribution as including “in-kind” contributions which are defined as follows:
R.S. 18:1495.4B(2) requires disclosure all contributions received between the 191st day and the 100th day prior to the election on a report due 90 days prior the primary election.
R.S. 18:1495.2B(2) provides that the candidate and his campaign treasurer shall be responsible for any errors or omissions in the records or reports of expenditures by a third party. The statute provides in pertinent part:
Furthermore, R.S. 18:1495.4A provides: R.S. 18:1505.1C provides that the failure to accurately disclose information required by the CFDA is a violation of the CFDA.
Candidates for governor are “major office” candidates. R.S. 18:1483(11). Major office candidates are subject to a $100 per day late fee, up to a maximum of $2,500 for each day that a campaign finance report is not accurately filed. R.S. 18:1505.4.A(2)(a)(i) and R.S. 18:1505.4B.
III.
OPINION
It is the opinion of the Board that the Louisiana Republican Party made an in-kind contribution of $118,264.76 to the Bobby Jindal Campaign on June 4, 2007 and June 13, 2007. The Bobby Jindal Campaign stipulates that the direct mail made by the Louisiana Republican Party to support Mr. Jindal’s candidacy for governor was an in-kind contribution to the campaign and should have been disclosed on the 90-P report filed by the Bobby Jindal Campaign Committee. Accordingly, it is the opinion of the Board that Bobby Jindal, the Bobby Jindal Campaign Committee, and the campaign’s treasurer, Rolfe McCollister, did not accurately file the 90-P report until September 7, 2007 when the report was amended to disclose the in-kind contribution from the Louisiana Republican Party.
The CFDA provides that a civil penalty of $100, per day up to a maximum of $2,500, may be assessed for each day that a campaign finance report is not accurately filed. It is the opinion of the Board that a $2,500 civil penalty shall be imposed on Bobby Jindal and the Bobby Jindal Campaign Committee for failing to accurately file the 90-P campaign finance disclosure report as set forth in the CFDA.
IV.
ORDER
IT IS ORDERED, ADJUDGED AND DECREED that the Board finds as a matter of fact and a conclusion of law that Bobby Jindal and the Bobby Jindal Campaign Committee violated R.S. 18:1505.1C of the Louisiana Campaign Finance Disclosure Act by failing to accurately file the 90-P campaign finance disclosure report.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a two thousand five hundred dollar ($2,500) civil penalty, payable to the Treasurer of the State of Louisiana, be and is hereby imposed against Bobby Jindal and the Bobby Jindal Campaign Committee.
By Order of the Board this 10th day of April 2008.


Did not participate. s/John W. Greene
Henry C. Perret, Jr. Chairman Judge John W. Greene, Vice-Chairman

s/Herbert V. Baptiste, Sr. s/Clayton Davis
Dr. Herbert V. Baptiste, Sr. Clayton Davis

s/Joanne C. Ferriot s/Gwendolyn P. Hamilton
Dr. Joanne C. Ferriot Gwendolyn P. Hamilton


Absent and did not participate. s/C. W. Lowrey, M.D.
Michael T. Johnson Dr. Cedric Lowrey

s/Joseph Maselli s/Ernest Douglas Peterson
Joseph Maselli Dr. Ernest Douglas Peterson


s/Dolores R. Spikes
Dr. Dolores R. Spikes


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/William C. Potter 3/14/08
Bobby Jindal, Rolfe McCollister, Jr., Date
and the Bobby Jindal Campaign Committee
Through their attorney of record
William C. Potter

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