Answer

There are three primary issues that a public official must address in order to advertise using the funds of their office. First, the Attorney General (AG) has noted that in order for a public entity or official to expend public funds for advertising without violating Article VII, §14 of the Louisiana Constitution, the entity or official must have the legal authority to advertise. Public entities or officials may have explicit or implicit authority to pay for advertising that provides general information and knowledge to the public concerning programs and legally required activities of the public entity or official’s office. This determination must be done on a case by case basis, and be based on both the legal authority of the official and their office and the nature of the advertisement proposed to be funded. The public official in this matter will need to discuss with their legal counsel to determine if the proposed advertisement is of a type for which the official and their office is legally authorized to carry out. Second, Article XI, §4 of the Louisiana Constitution prohibits the expenditure of any public funds in order to urge any elector to vote for or against any candidate. The public official should consult with their legal counsel to ensure that no violation ofArticle XI, §4 of the Louisiana Constitution will occur through any proposed advertisement by their office. Finally, R.S. 43:111.1 prohibits the expenditure of public funds for any advertisement containing the name of any public official except for: · those advertisements required or authorized by law, or · advertisements placed by public agencies or officials when authorized to advertise in the furtherance of their office’s functions and duties. The Attorney General has discussed this statutory prohibition in AG Op. No. 07-0028, AG Op. No. 06-0119A, AG Op. No. 05-0407, and AG Op. No. 92-0737. The public official should consult with their legal counsel to determine based upon the language of the statute and the guidance by the AG in the aforementioned opinions whether the proposed advertisement would violate the provisions of R.S. 43:111.1. If any of these three provisions would be violated, the public official should refrain from using any public funds of their office to pay for the advertisement. Any advertisements paid for from the campaign funds of the public official should be in accord with the laws and regulations governing their expenditure. Louisiana Legislative Auditor website: 05/13/2025 11:52:23 PM