Board of ethics 'violating constitutional rights'

(The Center Square) − Stephen Gelé, an attorney for Griffin & Bivalacqua, worries that the Louisiana Board of Ethics is violating the First Amendment by over-regulating campaign finance.

“Where the First Amendment is implicated, the tie goes to the speaker, not the censor,” Gelé said at a hearing before the House and Governmental Affairs committee. “That is not how the ethics board has been operating.”

Gelé worries that the board is jumping the gun and coming up with “theories” which place the Campaign Finance Disclosure Act above the First Amendment rights to free speech.

The Louisiana Supreme Court has also established that penal laws must be clear enough for ordinary people to understand what conduct is prohibited and to prevent arbitrary or discriminatory enforcement.

"It's become apparent that our law is not clear, does not have sufficient definiteness that ordinary people can understand what conduct is prohibited," Gelé said. "The money that's spent on me is money that's not spent on free speech, and my role should be primarily compliance."

Under the First Amendment, the U.S. Supreme Court held that laws should not require individuals to hire campaign finance lawyers, conduct political research, or seek legal guidance before discussing key political matters, as seen in the 2010 Citizens United v. FEC decision.

"The board of ethics has made that particularly difficult," Gelé said. “I believe that their investigations have been violating the constitutional rights of respondents, and the ethics board has not been interpreting the Louisiana campaign finance Disclosure Act or the laws regulating public servants as penal statutes, and therefore strictly and narrowly and in favor of the respondents.”

Article 10, Section 21 of the Louisiana Constitution establishes a civil service system, ensuring state employment and promotions are based on merit through competitive exams. An ethics code was first introduced in 1964, covering elected officials and state employees, and was managed by separate boards.

By 1996, legislation consolidated oversight under a single board responsible for enforcing ethical standards for both elected officials and public employees.

"Since that time, you have had a code of governmental ethics that applied to all public servants throughout the state," said Kathleen Allen, ethics administrator and general counsel for the Board of Ethics.

The Louisiana Board of Ethics, which oversees the state's code of governmental ethics for public officials and employees, is set to expire alongside the State Civil Service unless legislation passed to extend the term.