2008-678
Created By: Lauren Abrams on 04/07/2009 at 01:29 PM
Category: Campaign Finance Advisory Opinions
Caption: The Board allowed a candidate to amend report to reflect contribution as a loan since it had been reported as a loan on the Candidate’s Special Report.
Dismissed Document:

November 17, 2008

David Danel
P.O. Box 2726
Hammond, LA 70404-2726

RE: Ethics Board Docket No. 2008-678

Dear Mr. Danel:

The Louisiana Board of Ethics, acting as the Supervisory Committee on Campaign Finance Disclosure, at its November 13, 2008 meeting, considered your request for an advisory opinion concerning the propriety of amending Gordon Burgess’ 40-G campaign finance report filed in connection with his campaign for Tangipahoa Parish President in the October 20, 2007 election. You stated that you erroneously listed $60,000 in personal funds as a contribution to Mr Burgess’ campaign, rather than as loans. Mr. Burgess had made loans to his campaign on several occasions prior to the November loans, all of which were accurately disclosed on his campaign finance disclosure reports. The loans that were dated November 5, 2007 and November 6, 2007 were accurately reported on the candidate’s Special reports filed on November 7, 2007. Mr. Burgess provided documentation that he gave to your firm which clearly indicate that the contributions were intended as loans.

The Board concluded, and instructed me to inform you, that generally the Campaign Finance Disclosure Act would prohibit the amendment you described. The amendment and repayment would result in a violation of the Campaign Finance Disclosure Act, since the information would have been inaccurately reported at the time it was reported. However, in this situation, based on the specific facts as detailed above, the Campaign Finance Disclosure Act would not prohibit your firm from amending the 40-G campaign finance disclosure report to reflect the contributions from Mr. Burgess as loans to the campaign. The Board issues no opinion as to laws other than the Campaign Finance Disclosure Act. If you have any questions, please call me at (800) 842-6630 or (225) 763-8777.

Sincerely,

LOUISIANA BOARD OF ETHICS


Alesia M. Ardoin
For the Board
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