Answer

Promotional items may be legal. However, there are two issues that must be considered First, promotional items purchased with public funds must not be used as a means of campaigning by an elected official. Article XI, §4 of the Louisiana Constitution prohibits the use of public funds in order to urge for or against any political candidate or proposition. Generally, the Attorney General (AG) has noted that Article XI, §4 of the Louisiana Constitution is not violated when public funds are used for informational purposes. The second issue that must also be addressed is in regard to the prohibition against donation of public funds under Article VII, §14 of the Louisiana Constitution. In order for an expenditure of public funds, including promotional items, to not be in violation of Article VII, §14 of the Louisiana Constitution, the expenditure must be both reasonable in nature and satisfy the three-prong Cabela test established by the AG in light of the Louisiana Supreme Court’s interpretation of Article VII, §14 of the Louisiana Constitution in the Cabela’s decision. The three-prong Cabela’s test as established by the AG is as follows: 1. The expenditure must be related to a public purpose, for which the entity is authorized to perform; 2. The entire expenditure on its face must not appear to be gratuitous in nature; and 3. The public entity must have a reasonable expectation of receiving an equal or greater benefit than the value of the amount expended. All three elements of the three-prong Cabela test must be met in order for an expenditure of public funds to not violate the provisions of Article VII, §14 of the Louisiana Constitution. See the Cabela’s Test and CEA Memo and Sample FAQ which can be found on the Legal Assistance & FAQs Overview page of the LLA Website. Louisiana Legislative Auditor website: 05/15/2026 10:40:24 AM