Louisiana Amendment 1, Ban on Private or Foreign Funding of Election Costs Amendment (October 2023)

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Louisiana Amendment 1
Flag of Louisiana.png
Election date
October 14, 2023
Topic
Elections and campaigns and Administration of government
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

Louisiana Amendment 1, the Ban on Private or Foreign Funding of Election Costs Amendment, was on the ballot in Louisiana as a legislatively referred constitutional amendment on October 14, 2023.[1] The ballot measure was approved.

A "yes" vote supported prohibiting state and local governments from using funds, goods, and services donated by foreign governments or nongovernmental (private) sources for the purpose of conducting elections.

A "no" vote opposed prohibiting state and local governments from using funds, goods, and services donated by foreign governments or nongovernmental (private) sources for the purpose of conducting elections.


Election results

Louisiana Amendment 1

Result Votes Percentage

Approved Yes

734,324 72.57%
No 277,564 27.43%
Results are officially certified.
Source


Overview

What did Amendment 1 do?

See also: Text of measure

The amendment prohibited state and local governments from using funds, goods, and services donated by foreign governments or nongovernmental (private) sources for the purpose of conducting elections. Specifically, it added a provision to the Louisiana Constitution stating that "No funds, goods, or services donated by a foreign government or a nongovernmental source shall be used to conduct elections unless provided for in the election code and subject to restrictions provided by general law."[1]

Do other states have bans on private funding for election administration?

See also: Laws governing private funding for election administration

As of June 2023, 25 states had enacted legislation to prohibit private funding for election administration. According to NCSL, these laws were enacted in 2021 or 2022. Twenty-one of the 25 states that have enacted legislation restricting the use of private funds for election administration had Republican trifectas at the time of enactment. The remaining four had divided governments.[2]

This is the first state constitutional amendment designed to ban private or foreign election funding. In 2022, voters in Michigan approved an amendment that allowed local governments to accept charitable and in-kind donations to assist with running elections as long as donations are disclosed and aren’t from foreign entities.

How did Louisiana legislators vote on this amendment?

See also: Path to the ballot

In Louisiana, a two-thirds supermajority vote is needed in each chamber of the Louisiana State Legislature to refer a legislatively referred constitutional amendment to the ballot for voter consideration.

This amendment was introduced as House Bill 311 on April 3, 2023. It was passed in the House by a vote of 70-30 on May 18, 2023. Among House Republicans, 67 were in favor, none were opposed, and three were absent or not voting. Among House Democrats, three voted in favor, 28 were opposed, and two were absent or not voting. Two Independent members of the House voted against the amendment.[1]

The Senate passed the bill on June 8 along partisan lines by a vote of 27-12 with Republicans in favor and Democrats opposed.[1]

What did supporters and opponents say about this amendment?

See also: Support and Opposition

State Representative Blake Miguez (R-49), who sponsored the amendment in the House, said, "With the passage of HB 311, the Republican legislative supermajority in Louisiana took a strong step today towards prohibiting the use of foreign and private funds to pay for any part of our election system. In October, the voters of Louisiana will get a voice in strengthening election integrity in our beloved state."[3]

Democracy Docket, an organization that describes itself as a progressive source of analysis on elections and voting, said, "Should voters approve the ban in October, Louisiana will be the latest GOP state to enact such a ban. These measures are fueled by election conspiracy theories and could make chronic underfunding of our elections offices even worse."[4]

Text of measure

Ballot question

The ballot question for the amendment was as follows:[1]

Do you support an amendment to prohibit the use of funds, goods, or services from a foreign government or a nongovernmental source for the conduct of elections and election functions and duties unless the use is authorized by law or by the secretary of state in accordance with policies established in accordance with law? (Adds Article XI, Section 6)[5]

Constitutional changes

See also: Article XI, Louisiana Constitution

The ballot measure added a Section 6 to Article XI of the Louisiana Constitution. The following underlined text was added:[1]

§6. Use of Monies, Goods, or Services for Conduct of Elections; Prohibitions

No funds, goods, or services donated by a foreign government or a nongovernmental source shall be used to conduct elections unless provided for in the election code and subject to restrictions provided by general law.[5]

Support

Louisiana Voter Protection PAC led the Yes on 1 campaign in support of the amendment.

Supporters

Officials

Organizations

  • Association of Mature American Citizens
  • Election Integrity Network
  • Election Transparency Initiative
  • Louisiana Freedom Caucus
  • State Freedom Caucus Network

Arguments

  • Andy Roth, president of the State Freedom Caucus Network: "The State Freedom Caucus Network has been working with the Louisiana Freedom Caucus, as well as the Election Integrity Network, to help build local awareness in Louisiana about this important amendment. It is crucial for election integrity in Louisiana to keep Zuckerbucks and foreign money out of the realm of influence in America’s elections."
  • Ken Cuccinelli, former Virginia Attorney General and chair of the Election Transparency Initiative: "The House and Senate should be applauded for advancing this critical anti-corruption amendment letting voters decide whether the ‘Zuckerbucks’ campaign financing scheme should be allowed to pollute Louisiana’s elections. We thank Rep. Blake Miguez, the bill’s author, as well as chairwoman Sharon Hewitt for protecting the integrity of our elections and extend profound appreciation to the State Freedom Caucus Network and Louisiana Freedom Caucus Chairman Alan Seabaugh for their thoughtful, diligent coordination. In 2020, Attorney General Jeff Landry sounded the alarm as private money began flowing into local elections offices, and we are grateful for his continued leadership. Elections should never be privatized in Louisiana or anywhere else, and we urge voters to ban ‘Zuckerbucks’ once and for all at the polls in October."
  • State Rep. Blake Miguez (R-49), the amendment sponsor: "With the passage of HB 311, the Republican legislative supermajority in Louisiana took a strong step today towards prohibiting the use of foreign and private funds to pay for any part of our election system. In October, the voters of Louisiana will get a voice in strengthening election integrity in our beloved state."


Opposition

Opponents

Organizations

  • Democracy Docket

Arguments

  • Democracy Docket: "Should voters approve the ban in October, Louisiana will be the latest GOP state to enact such a ban. These measures are fueled by election conspiracy theories and could make chronic underfunding of our elections offices even worse."


Campaign finance

See also: Campaign finance requirements for Louisiana ballot measures
The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through December 18, 2023.


Louisiana Voter Protection PAC registered to support the amendment. The committee reported $0 in contributions and $3,463.69 in expenditures.[6]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $3,463.69 $3,463.69
Oppose $0.00 $0.00 $0.00 $0.00 $0.00

Support

The following table includes contribution and expenditure totals for the committee in support of Amendment 1.[6]

Committees in support of Amendment 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Louisiana Voter Protection PAC $0.00 $0.00 $0.00 $3,463.69 $3,463.69
Total $0.00 $0.00 $0.00 $3,463.69 $3,463.69

Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Laws governing private funding for election administration

See also: Legislation governing private funding for election administration in the United States, 2023

As of June 2023, 25 states had enacted legislation to prohibit private funding for election administration. According to NCSL, these laws were enacted in 2021 or 2022. Twenty-one of the 25 states that have enacted legislation restricting the use of private funds for election administration had Republican trifectas at the time of enactment. Of the remaining four, three had Republican-controlled legislatures and Democratic governors, while in Virginia, Democrats controlled the Senate, and Republicans controlled the House of Delegates and the governorship.[7] The following map shows the states that enacted legislation to prohibit private funding for election administration purposes as of January 2023, with Louisiana highlighted in yellow:

Mark Zuckerberg donations to Center for Tech and Civil Life (CTCL) and Center for Election Innovation and Research

In the run-up to the November 3, 2020, general election, Facebook CEO Mark Zuckerberg and his wife, Dr. Priscilla Chan, donated $350 million to the Center for Tech and Civic Life (CTCL). They also donated $50 million to the Center for Election Innovation and Research, saying the money was intended to help "election officials across the nation reach their voters with critical information about voter registration, mail voting, early voting, polling locations and hours, and the vote-counting process."[8]

These donations sparked debate about the propriety of non-governmental entities providing private funding for election administration efforts. In a Newsweek op-ed, the Brennan Center's Wendy Weiser and Jennifer Weiss-Wolf, said, "[The COVID-19] pandemic poses a national emergency impacting the very foundation of our democracy, and the Senate adjourned until Labor Day without giving states and local officials the funding they need to run safe and fair elections this fall. … We have reached an extraordinary point where we have no choice but to look to civil society—the business community and other private groups and organizations—to help fill the breach." Scott Walter, president of the Capital Research Center, said that CTCL staffers were former Democratic Party operatives whose goal was to improve Democrats' electoral prospects: "Can you imagine if the Charles Koch Foundation were to become involved with election officials? It would be front page news in The New York Times."[9][10] For more information about about CTCL grants given to local election officials in 2020, see this article.

Private funding legislation

See also: Legislation governing private funding for election administration in the United States, 2022

In 2021 and 2022, state legislatures across the U.S. considered bills that were designed to, if enacted, prohibit or otherwise regulate the use of private funding for election administration.

The table below lists private funding bills introduced during or carried over to each state's 2022 legislative session. The following information is included for each bill:

  • State
  • Bill number
  • Official name or caption
  • Most recent action date
  • Legislative status
  • Topics dealt with by the bill

Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, simply click the bill number. This will open a separate page with additional information.

Odd-year ballot measures in Louisiana

A total of 56 constitutional amendments appeared on the statewide ballot in Louisiana during odd-numbered years from 1999 through 2021. Of the 56 amendments, 37 (67.27%) were approved and 19 (34.54%) were defeated.

Legislatively-referred constitutional amendments, 1999-2021
Total number Approved Percent approved Defeated Percent defeated Odd-year average Odd-year median Odd-year minimum Odd-year maximum
56 37 67.27% 19 34.54% 5 4 0 16


Path to the ballot

See also: Amending the Louisiana Constitution

In Louisiana, a two-thirds vote is needed in each chamber of the Louisiana State Legislature to refer a legislatively referred constitutional amendment to the ballot for voter consideration.

This amendment was introduced as House Bill 311 on April 3, 2023. It was passed in the House by a vote of 70-30 on May 18, 2023. The Senate passed the bill on June 8 along partisan lines by a vote of 27-12 with Republicans in favor and Democrats opposed.[1]

Vote in the Louisiana House of Representatives
May 18, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 70  Approveda
YesNoNot voting
Total70305
Total percent66.67%28.57%4.76%
Democrat3282
Republican6703
Independent020

Vote in the Louisiana State Senate
June 8, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 26  Approveda
YesNoNot voting
Total27120
Total percent69.23%30.77%0.00%
Democrat0120
Republican2700

How to cast a vote

See also: Voting in Louisiana

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Louisiana.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Louisiana State Legislature, "House Bill 311," accessed April 4, 2023
  2. NCSL, "Prohibiting Private Funding of Elections," accessed August 24, 2022
  3. The Federalist, "Louisiana Sends Constitutional Amendment Proposal Banning ‘Zuckbucks’ In Elections To Voters For Approval," accessed June 26, 2023
  4. Democracy Docket, "Louisiana Legislature Proposes Amendment to Ban Private Grants for Election Administration," accessed June 26, 2023
  5. 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  6. 6.0 6.1 Louisiana Ethics Administration Program, "Louisiana Voter Protection PAC," accessed November 10, 2023
  7. NCSL, "Prohibiting Private Funding of Elections," accessed August 24, 2022
  8. Facebook, "Mark Zuckerberg: October 13, 2020," accessed March 23, 2021
  9. Newsweek, "Let the Private Sector Help Save the Election. We Have No Choice | Opinion," September 2, 2020
  10. Legal Newsline, "Center for Tech and Civic Life: Democratic election operatives masquerading as concerned voters’ group, critic says," August 24, 2020
  11. Louisiana Secretary of State, "FAQ: Voting on Election Day," accessed April 11, 2023
  12. Louisiana Secretary of State, "Vote on Election Day," accessed April 11, 2023
  13. 13.0 13.1 13.2 Louisiana Secretary of State, "Register to Vote," accessed April 11, 2023
  14. 14.0 14.1 Louisiana Secretary of State, "Vote on Election Day," accessed October 3, 2019
  15. Louisiana Secretary of State, "Louisiana voters' bill of rights and voting information," accessed April 11, 2023