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ACT No. 8062026 Regular Session
HOUSE BILL NO. 459
BY REPRESENTATIVES MANDIE LANDRY AND DOMANGUE
1 AN ACT
2 To amend and reenact R.S. 18:1463(A), (F), and (G), 1483(7)(a)(iii), (b)(ii), and (c)(ii), (8),
3 (11)(a) and (d)(ii), and 1501.1(A)(1), to enact R.S. 18:1463(H) and (I) and 1483(33),
4 and to repeal R.S. 18:1463(C)(5), 1491.7(B)(22), and 1495.5(B)(21), relative to
5 political campaigns; to provide for required disclosures in political materials and
6 communications; to provide for disclosures related to the use of artificial intelligence
7 to create the image or likeness of a candidate; to provide for criminal penalties; to
8 provide for campaign finance reporting requirements of persons other than
9 candidates and committees; to provide relative to contributions and expenditures
10 related to electioneering communications; to provide relative to coordinated
11 expenditures; to provide for definitions; to provide for effectiveness; and to provide
12 for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 18:1463(A), (F), and (G), 1483(7)(a)(iii), (b)(ii), and (c)(ii), (8),
15 (11)(a) and (d)(ii), and 1501.1(A)(1) are hereby amended and reenacted and R.S. 18:1463(H)
16 and (I) and 1483(33) are hereby enacted to read as follows:
17 §1463. Political material; ethics; prohibitions
18 A. The Legislature of Louisiana finds that the state has a compelling interest
19 in taking every necessary step to assure that all elections are held in a fair and ethical
20 manner and finds that an election cannot be held in a fair and ethical manner when
21 any candidate or other person is allowed to print or distribute any material which
22 falsely alleges that a candidate is supported by or affiliated with another candidate,
23 group of candidates, or other person, or a political faction, or to publish statements
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1 that make scurrilous, false, or irresponsible adverse comments about a candidate or
2 a proposition. The legislature further finds that the state has a compelling interest
3 to protect the electoral process and that the people have an interest in knowing the
4 identity of each candidate whose number appears on a sample ballot in order to be
5 fully informed and to exercise their right to vote for a candidate of their choice. The
6 legislature further finds that it is essential to the protection of the electoral process
7 that the people be able to know who is responsible for publications in order to more
8 properly evaluate the statements contained in them and to informatively exercise
9 their right to vote. The legislature further finds that it is essential to the protection
10 of the electoral process to prohibit misrepresentation that a person, committee, or
11 organization speaks, writes, or acts on behalf of a candidate, political committee, or
12 political party, or an agent or employee thereof. The legislature further finds that it
13 is essential to the protection of the electoral process that the public not be deceived
14 or misled by an image, likeness, or voice of a candidate or elected official subject to
15 recall that is created using artificial intelligence.
16 * * *
17 F.(1) No person shall make or cause to be made any electioneering
18 communication that portrays a candidate or an elected official subject to recall and
19 that is, through the use of artificial intelligence, created, altered, or digitally
20 manipulated in a manner that would falsely appear to a reasonable observer to be an
21 authentic record of the actual speech or conduct of a candidate or an elected official
22 subject to recall and that would falsely appear to replace an individual's likeness with
23 the likeness of a candidate or an elected official subject to recall without providing
24 a clear and understandable disclosure on the electioneering communication that it
25 was created using artificial intelligence. The form of the disclosure shall be
26 consistent with the disclosure requirements of Subsection (E) of this Section.
27 (2) For purposes of this Subsection, the following terms have the following
28 meanings:
29 (a) "Artificial intelligence" shall have the same meaning as provided in R.S.
30 14:73.14.
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1 (b) "Candidate" shall have the same meaning as provided in R.S. 18:1483.
2 G.F. For the purposes of this Section, the following terms have the following
3 meanings: term "digital
4 (1) "Digital material" means any material or communication that, for a fee
5 or other payment, is placed or promoted on a public facing website, web application,
6 or digital application, including a social network, advertising network, or search
7 engine.
8 (2) "Electioneering communication" shall have the same meaning as
9 provided in R.S. 18:1483."
10 H. G. Whoever violates any provision of this Section with the intent to injure
11 the reputation of a candidate or elected official subject to recall or to otherwise
12 deceive a voter shall be fined not more than two thousand dollars or be imprisoned,
13 with or without hard labor, for not more than two years, or both.
14 I. The provisions of this Section shall not apply to a media entity that
15 broadcasts a paid political announcement, advertisement, or electioneering
16 communication in which the broadcaster has had no input in or control over the
17 announcement, advertisement, or electioneering communication. As used in this
18 Subsection, the term "media entity" includes the same entities as provided in
19 R.S.18:1483(33).
20 * * *
21 §1483. Definitions
22 As used in this Chapter, the following terms shall have the meanings given
23 to each in this Section unless the context clearly indicates otherwise:
24 * * *
25 (7)(a) "Contribution", except as otherwise provided in this Chapter, means
26 a gift, conveyance, payment, or deposit of money or anything of value, or the
27 forgiveness of a loan or of a debt made to any of the following:
28 * * *
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1 (iii) Any person for the purpose of funding an expenditure to influence the
2 nomination or election of a person to public office, whether made before or after the
3 an election.
4 * * *
5 (b) "Contribution" shall also include, without limitation:
6 * * *
7 (ii) Coordinated expenditures, which made for the purpose of supporting,
8 opposing, or otherwise influencing the nomination or election of the candidate and
9 shall be considered to be a contribution to such the candidate, the principal campaign
10 committee, or the subsidiary committee thereof that, directly or through an agent,
11 cooperated with, consulted with, or acted in concert with the creator or disseminator
12 of or requested or suggested the creation or dissemination of the electioneering
13 communication.
14 * * *
15 (c) "Contribution" shall not include:
16 * * *
17 (ii) Any dues or membership fees of any membership organization or
18 corporation made by its members or stockholders, if such membership organization
19 or corporation is not organized primarily for the purpose of supporting, opposing or
20 otherwise influencing the nomination for election, or election, of any person to
21 public office making expenditures for electioneering communications. However, any
22 funds of such an organization or corporation used for the purpose of contributions
23 to candidates or committees or to publicly advocate support or defeat of a candidate
24 or for expenditures as defined in this Chapter expenditures for electioneering
25 communications shall be reportable and all contributions made by such membership
26 organization or corporation which are otherwise reportable under the provisions of
27 this Chapter shall be reported.
28 * * *
29 (8) "Coordinated expenditure" means an expenditure made by any person in
30 cooperation, consultation, or concert with, or at the request or suggestion of, a
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1 candidate, his principal campaign committee or a subsidiary committee thereof, or
2 their agents for the purpose of supporting, opposing, or otherwise influencing the
3 nomination or election of the candidate of expenditures for electioneering
4 communications.
5 * * *
6 (11)(a) "Expenditure" means a purchase, payment, advance, deposit, or gift,
7 of money or anything of value made for a purpose provided for in R.S. 18:1501.1(A)
8 or 1505.2(I) by a candidate or committee. For a person other than a candidate or
9 committee, "expenditure" means a purchase, payment, advance, deposit, or gift, of
10 money or anything of value made for an electioneering communication.
11 * * *
12 (d) "Expenditure" shall not include:
13 * * *
14 (ii) Any communication, including an electioneering communication, by any
15 membership organization or business entity to its employees, members, directors, or
16 stockholders, or their family members, if such membership organization or business
17 entity is not organized primarily for the purpose of supporting, opposing, or
18 otherwise influencing the nomination for election, or election, of any person to
19 public office or for the purpose of supporting or opposing a proposition or question
20 to be submitted to the voters making electioneering communications. All other
21 expenditures made by such membership organization or business entity which are
22 otherwise reportable under the provisions of this Chapter shall be reported. For
23 purposes of this definition, business entity means any proprietorship, partnership,
24 corporation, or other legal entity, including their subsidiaries.
25 * * *
26 (33)(a) "Electioneering communication" means any communication, whether
27 printed, digital, or broadcast by a media entity, that meets either of the following:
28 (i) Contains express advocacy supporting or opposing the nomination or
29 election of a person to public office, the recall of a public official, or a proposition
30 or question submitted to the voters.
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1 (ii) The only reasonable conclusion to be drawn from the presentation,
2 content, and context of the communication is that it is intended to appeal for a vote
3 in a specific election for or against a specific candidate or for or against the recall of
4 a specific elected official or a proposition or for or against a question submitted to
5 the voters. Consideration of the context of a communication shall include the
6 temporal proximity to the specific election, whether the communication is primarily
7 directed to voters in the specific election, and whether the communication is part of
8 a larger campaign of communication regarding an issue other than the specific
9 election.
10 (b) For purposes of this Paragraph, "media entity" includes a radio broadcast
11 station, television broadcast station, cable or satellite television company, or other
12 video service provider, streaming video provider, newspaper company, periodical
13 company, billboard company, advertisement agency, or media platform responsible
14 for the production or publication of any advertisement, voice, data, or other
15 communications, information services, or internet access provider, or bona fide news
16 or public interest website operator.
17 * * *
18 §1501.1. Reports by persons not candidates or committees
19 A.(1) Any person, other than a candidate or a committee, who makes any
20 expenditure for express advocacy supporting or opposing the nomination or election
21 of a person to public office, the recall of a public official, or a proposition or
22 question submitted to the voters, or for a communication for which the only
23 reasonable conclusion to be drawn from the presentation and content is that it is
24 intended to appeal to vote for or against a specific candidate or for or against the
25 recall of a specific elected official or a proposition or question submitted to the
26 voters an electioneering communication shall file reports if such expenditures exceed
27 one thousand dollars in the aggregate during the aggregating period as defined for
28 committees.
29 * * *
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1 Section 2. R.S. 18:1463(C)(5), 1491.7(B)(22), and 1495.5(B)(21) are hereby
2 repealed.
3 Section 3. The Louisiana State Law Institute is authorized and directed to
4 arrange in alphabetical order and renumber definitions contained in R.S. 18:1483 and
5 to correct any cross-references to the renumbered paragraphs if necessary, consistent
6 with the provisions of this Act.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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