Running for Office in Louisiana: First Steps
Run for Something Action Fund State Guides are not meant to be all-encompassing nor covering the full breadth of a campaign’s lifespan. Instead, their purpose is to serve as jumping-off points for candidates so that they have an idea of how to begin to proceed at the outset of their political journey. This document is for advisory purposes, does not constitute legal advice, and each candidate should confirm that there have not been changes to election guidance since the date the document was last updated.
Important things to know as a potential candidate in Louisiana
Determine when you need to file additional financial disclosures
Develop a financial record-keeping system
Apply for an employer identification number (EIN)
IMPORTANT THINGS TO KNOW AS A POTENTIAL CANDIDATE IN LOUISIANA
- The Louisiana State Legislature consists of a lower house, the Louisiana House of Representatives with 105 representatives (currently 41 Democrats, 58 Republicans, 3 Independents, and 3 vacancies), and the upper house, the Louisiana Senate with 39 senators (currently 14 Democrats and 25 Republicans. Members of both houses of the legislature serve a four-year term, with a term limit of three terms (twelve years). The term limits are consecutive rather than lifetime.
- Each precinct or parish in Louisiana has a representative for each district in that parish. Representatives are elected in accordance with the gubernatorial election by the voters in that parish and serve four years.
- Louisiana has six congressional districts and currently has 5 republican and 1 democratic member in the US House of Representatives and 2 Republican Senators.
Qualification Requirements for Elected Offices.
The qualifications to run for office vary by office.
The general qualifications of persons permitted to hold public office.
Candidates may qualify for office by paying a qualifying fee or by filing a nominating petition.
To become a candidate in a congressional, state or local election, you must qualify for the office you are seeking. Louisiana does not allow write-in candidates.
Candidates may qualify by paying the State Fee (plus State Central Committee Fee and Parish Executive Committee Fee, where applicable) OR by filing a Nominating Petition.
A candidate may obtain a nominating petition form from their parish clerk of court or from the secretary of state’s office and gather signatures of persons who are registered to vote for the office he or she seeks no more than 120 days before the qualifying period begins.
Requirements of a nominating petition include:
- candidate’s name, domicile address, office he or she seeks, political party (if any), date of election;
- name of each voter who signed, typed or legibly written;
- signature of registered voter in the district, dated and witnessed;
- registered voter’s ward and precinct where registered; and
- registered voter’s residence address.
Local candidates qualify at the parish Clerk of Court's Office. Congressional and state candidates qualify at the Secretary of State's Office at 8585 Archives Ave. in Baton Rouge, LA 70809. Candidates may qualify for office by paying a qualifying fee or by filing a nominating petition. Nominating petition forms are available for download and print here. The number of signatures required on nominating petitions varies depending upon the office. The registrar of voters is required to certify the nominating petition
Once certified the nominating petition is returned to the candidate to file with his or her notice of candidacy form during the qualifying period to qualify for congressional, state, or local office (notice of candidacy form).
A candidate serving in the armed forces of the United States who is stationed or deployed outside of the United States is not required to pay any qualifying fee or any additional fee. Such candidates file with the qualifying official a military qualifying certification form prepared by the secretary of state certifying that at the time of qualifying they are serving in the armed forces of the United States and that they are eligible to become a candidate pursuant to United States Department of Defense Directive 1344.10.
If you are not able to qualify in person or by mail, you may use an agent to file your completed qualifying form, signed by you. In addition to filing your notice of candidacy, the agent shall file with the qualifying official an agent affidavit form attesting that the agent has your authorization and consent to file the notice of candidacy.
On the standard notice of qualifying form used for congressional, state, or local office, a candidate certifies to the following:
- Registered Voter: you are a registered voter in the jurisdiction where you qualify to run for office;
- Felony Conviction: you are not currently under an order of imprisonment for conviction of a felony;
- Taxes: if you are a candidate for any office other than U.S. senator or representative you have filed federal and state income tax returns for each of the previous five tax years, or was not required to file either a federal or state income tax return or both;
- Campaign Finance: you acknowledge that you are subject to the provisions of the Campaign Finance Disclosure Act if you are a candidate for any office other than U.S. senator, representative or member of a committee of a political party and that you do not owe any outstanding fines, fees or penalties pursuant to the Campaign Finance Disclosure Act;
- Campaign Finance: if you are a candidate for a major or district office as defined in La. R.S. 18:1483, you have filed each report that is required by the Campaign Finance Disclosure Act,
- Ethics: you do not owe any outstanding fines, fees or penalties pursuant to the Code of Governmental Ethics; and
- Election Offenses: you are knowledgeable regarding the laws governing election offenses in chapter 10 of Title 18 and the prohibitions relative to erecting, displaying or posting political campaign signs as provided in La. R.S. 48:347(D), La R.S. 30:2544(A) and La R.S. 18:1470.
Persons Required to File Financial Disclosure Reports (R.S. 18:1484 and 1486)
A. Candidates for “Major” or "District" offices. A detailed list of offices may be found at: http://ethics.la.gov/Pub/Laws/cfdasum.pdf. All candidates for Major or District offices are required to electronically file campaign finance disclosure reports. Electronic filing for other candidates is voluntary
B. Candidates for "Any Other" public office who:
1. makes expenditures in excess of $2,500; or,
2. receives contributions from a single source; other than from the candidate's personal funds, totaling in excess of $200.
C. All political committees.
D. Any person who makes independent expenditures in excess of $500. (R.S. 18:1501.1)
E. Any person, other than a candidate or political committee, who solicits or receives any contribution or makes any expenditure in support of, or opposition to, a proposition or question submitted to the voters if the aggregate amount of contributions or expenditures equals or exceeds $1,000. See, http://ethics.la.gov/Pub/Laws/cfdasum.pdf.
Contributions, in-kind contributions, loans, endorsements or guarantees on loans and transfers of funds are all counted towards the contribution limits, however, personal funds are not subject to the limits. The primary and general elections are considered as two separate elections. A candidate may accept contributions for the general election only if he is in the general election and only after the primary election
- DO YOUR HOMEWORK
Key Dates and Deadlines for candidates for the 2022 election cycle:
Information on qualifying to run for office may be found at:
https://www.sos.la.gov/ElectionsAndVoting/BecomeACandidate/QualifyForAnElection/Pages/default.aspx
2. FILE YOUR CAMPAIGN STATEMENT WITH THE RELEVANT ENTITY
Campaign Finance Laws.
Louisiana Election Code which outlines election campaign finance laws. More specifically, see La R.S. 18:1481-18:1951, the Campaign Finance Disclosure Act.
- Candidates for Federal Office: Candidates for federal office (e.g., U.S. Representative or Senator) must file personal financial disclosure reports to the IRS within 30 days after they formally become a candidate or by May 15 of the same calendar year, whichever is later. Federal regulations state that an individual becomes a candidate for federal office when he or she (or a person authorized to do so) receives political contributions or makes expenses in excess of an aggregate amount of $5,000. See 11 C.F.R. § 100.3(a)(2).
- Candidates for state office are also required to register and file campaign financial disclosure reports. See http://ethics.la.gov/CampFinanHome.aspx.
3. OPEN A CAMPAIGN BANK ACCOUNT
A candidate must open and maintain a separate bank account into which all campaign contributions are to be deposited. All receipts must be deposited into the account and all expenditures (except for petty cash) should be drawn on the account.
4. CONNECT TO YOUR LOCAL PARTY
The importance of being a known quantity to your local constituency and infrastructure cannot be overstated. Local voters and groups, whose votes you’ll ultimately need in your primary (if you have one) and general elections, will be far more likely to go to bat for you and provide support if you make a concerted, clear effort to connect with them and learn what local issues they believe are important. Make a list of your local neighborhood groups, both entities chartered by the party and independent local clubs, and reach out to them as early as possible.
5. DETERMINE WHEN YOU NEED TO FILE ADDITIONAL FINANCIAL DISCLOSURES
Campaign Finance Reports, Lobbyists and Political Action Committees.
A searchable database of candidates or PACs that have electronically filed a campaign finance report with the Louisiana Board of Ethics may be found at: http://ethics.la.gov/CampaignFinanceSearch/PACLists.aspx
A database of registered lobbyists is also available at: http://ethics.la.gov/LobbyistData/SearchByLobbyist.aspx
Filing deadlines for financial disclosures may be found at: http://ethics.la.gov/CampFinanFilingSchedules.aspx
A list of campaign financial disclosure statements and forms a candidate may need to file are found at: http://ethics.la.gov/CampFinanForms.aspx
R.S. 18:1495.3(B)(2)) A record must be kept for every transaction, including the sale of tickets to fundraising events. The sale of a ticket to a fundraising event is reported as a contribution. Exception: In the case of a single transaction involving the sale of campaign paraphernalia for $25 or less, no record need be kept except the total amount received and deposited and the fact that such amount was received from such sale.
If a company or person is paid to make calls, an approval of campaign telephone communications must be filed with the secretary of state before authorized calls begin. The filing may be made by fax as long as within two days, exclusive of legal holidays, the original approval received is forwarded by United States mail to:
Secretary of State
Attn: Elections-Balloting Division
P.O. Box 94125
Baton Rouge, LA 70804-9125
Political Campaign Treasurers. A candidate appoints himself or herself as the political treasurer, unless he or she appoints a campaign treasurer.
6. DEVELOP A FINANCIAL RECORD-KEEPING SYSTEM
Records of receipts and disbursements must be kept by the candidate or his committee and maintained for two years after the final report is filed. Records of PACs and persons supporting propositions must be maintained for six years. See page 3 of http://ethics.la.gov/Pub/Laws/cfdasum.pdf.
7. APPLY FOR AN EMPLOYER IDENTIFICATION NUMBER (EIN)
An EIN, also known as a federal tax identification number, formally identifies a corporation, partnership, political committee, and other entities for tax filing and reporting purposes. An EIN is needed to open a bank account. Submit an electronic application to the Internal Revenue Service (IRS). Make sure to select “Political Organization” when asked for the type of organization. Consult this guide from Minnesota’s Campaign Finance and Public Disclosure Board for more information.
8. HIT THE GROUND RUNNING
Running a political campaign can be an exceedingly time-consuming slog, no matter how many hands you have helping you along the way, so make sure that you always keep in mind why you’re running in the first place and what things you’d be able to do for your community if you won. Make sure to keep abreast of all early candidacy responsibilities and requirements!
Being a political candidate can be stressful, so don’t shy away from asking questions or seeking advice when you need to. If you have questions…
- Run for Something Action Fund: hello@runforsomethingaction.net
- LA Secretary of State -- Elections Division: 225-922-2880
Page of 7 https://wherecanirun.org July 2022