PAUL A. BONIN, Judge.
The Board of Ethics in its capacity as the Supervisory Committee on Campaign
The prospective deponents, John Doe and Jane Doe, successfully argued to the district court that the information sought by the Board was also the subject of an Order in a records-production matter that had been stayed by the First Circuit Court of Appeal.
We have reviewed the ruling granting the protective orders under an abuse-of-discretion standard. See, e.g., Whitt v. McBride, 94-896, p. 6 (La.App. 3 Cir. 3/1/95), 651 So.2d 427, 430 (review of the quashal of subpoena duces tecum under La. C.C.P. art. 1354 A is made pursuant to an abuse-of-discretion standard); cf. Mary Moe v. L.L.C. v. Louisiana Bd. of Ethics, 03-2220, pp. 9-10 (La.4/14/04), 875 So.2d 22, 29 (review of the issuance of a permanent injunction, granted under a prima facie showing for preliminary injunction, is made pursuant to the de novo standard). The abuse-of-discretion standard is highly deferential, but a district court necessarily abuses its discretion if its ruling is based on an erroneous view of the law. See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 2461, 110 L.Ed.2d 359 (1990); see also United States v. Taylor, 487 U.S. 326, 336, 108 S.Ct. 2413, 2419, 101 L.Ed.2d 297 (1988) (noting that discretionary choices are not left to a court's inclination, but to its judgment, which is guided by sound legal principles.)
The Board argues that the district court's granting of the protective order was based upon an erroneous interpretation of the prescriptive period applicable to the institution of enforcement actions arising from its investigations. The Board
The Board functions as the Supervisory Committee on Campaign Finance Disclosure and its members constitute the Supervisory Committee.
The Board may investigate any apparent or alleged violation of the Campaign Finance Disclosure Act. See La. R.S. 18:1511.4 A. When, as here, the complaint to the Board is unsworn, an investigation may only be initiated by the Board "when, as a result of its review of reports, other documents or information, filed under the provisions of [the Act], it determines that there is reason to believe a violation of [the Act] has occurred," and then only by a two-thirds vote of the Board. Id. The Board's authority to investigate a violation extends to the examination and auditing of records and reports which are required to be maintained or filed under the Act's provisions. See La. R.S. 18:1511.4 B. The Board's investigative authority also affords it the power "to hold hearings, to subpoena witnesses, administer oaths, compel the production of books, records, and papers, public and private, require the submission under oath of written reports or answers to questions" as well as to "do all that is necessary to effect the provisions" of the Act. La. R.S. 18:1511.4 C. The Board may petition a district court to compel compliance with its subpoena or order in the event of a refusal,
Id.
Complaints, reviews, and all investigations and proceedings of the Board "shall be kept strictly confidential until such time that action with which [the Board] or the district attorney has proceeded, ... the prescriptive period has elapsed, or the matter is otherwise finally disposed of." See La. R.S. 18:1511.8 A. But, the Board may divulge that a review or investigation was made or a complaint received with regard to a person or committee, and, after investigation, no substantial reason was found to believe that the Act was violated. Id.
"When the results of the investigation by [the Board] indicate that a violation of [the Act] has occurred which is subject to civil penalties, [the Board] is authorized to file civil proceedings to collect the civil penalties provided in R.S. 18:1505.5." See La. R.S. 18:1511.5 A(1) (emphasis added).
An action for the violation of the Campaign Finance Disclosure Act-the rule to show cause brought pursuant to La. R.S. 18:1511.5 A(3) — "must be commenced before three years have elapsed from the date of the violation or, if the violation is contained in a report, before one year has elapsed from filing of the relevant report." See La. R.S. 18:1511.11 B (emphasis added). The Board argues that because the violation under investigation was not "contained in a report" the three-year prescriptive period controls. The prospective deponents argue that the initiating complaint referenced a specific campaign finance disclosure report by the PAC, which disclosed four specified contributors, as well as a specified candidate report as the basis for the complaint. The prospective deponents further correctly note that no rule to show cause was filed, i.e. no enforcement action was commenced, within one year of the filing of the underlying PAC report and, thus, the prescriptive period of one year controls because the violation was "contained in a report."
The Board contends that it is investigating the prospective deponents, John Doe and Jane Doe, for suspicion that they violated the provisions of La. R.S. 18:1505.2 A(1), which provides that "[n]o person shall give, furnish, or contribute monies to or in support of a candidate or to any political committee, through or in the name of another, directly or indirectly." The individual subpoenas that were directed to John Doe and Jane Doe, who are related by consanguinity, seek the records of their financial transactions with twenty named or identifiable persons or entities in addition to each other. The subpoenas classify these persons and entities as the "Doe-Entities." Four of the Doe Entities were identified in the initial complaint as suspicious contributors, and their contributions nearly correlate in the aggregate amount to a specific, identified expenditure on the same candidate's report as the one specified in the initial complaint.
If John Doe or Jane Doe did give, furnish, or contribute monies, whether directly or indirectly, to the PAC "in the name of another," then they "shall be assessed a penalty." La. R.S. 18:1505.2 A(2). If the violation was "unknowing," then the penalty shall be an amount equal to the contribution plus ten percent. See La. R.S. 18:1505.2 A(2)(a). If the violation "could have been avoided through the exercise of due diligence," then the penalty shall be an amount equal to twice the amount of the contribution. See La. R.S. 18:1505.2 A(2)(b). Here, we consider it
But, more importantly and to the point for our purposes, viewing the provisions of the Campaign Finance Disclosure Act related to the institution of actions seeking monetary penalties, we must conclude that such provisions when ambiguous or susceptible to more than one reasonable meaning must be construed to the benefit of the putative violator. Given this conclusion, we find, for the reasons discussed below, that the district court did not abuse its discretion when it quashed the subpoenas pursuant to La. R.S. 18:1511.4 C(2) because their enforcement under the present circumstances would have been oppressive and unduly burdensome.
The Does argued successfully to the district court that the Board's subpoenas should be quashed because any potential enforcement action for civil penalties that might flow from the Board's investigation into the Does actions has prescribed. Thus, the Board contends that the district court's ruling quashing its subpoenas is legally erroneous because it was based on a misreading of La. R.S. 18:1511.11 B, which, as noted, provides that an action for a violation of the Campaign Finance Disclosure Act "must be commenced before three years have elapsed from the date of the violation or, if the violation is contained in a report, before one year has elapsed from filing of the relevant report." Having reviewed the matter thoroughly we cannot say that the district court's interpretation is legally erroneous or its subsequent ruling an abuse of discretion.
We note at the outset of our discussion that there has been no suggestion that the Board is suspicious of, or seeking to investigate, any direct or indirect giving, furnishing, or contribution of monies through, or in the name of, another person in support of a candidate or PAC which has not already been reported. In other words, the Board in this case was investigating whether certain contributions that were named in the PAC's disclosure report and ascribed to named contributors were actually furnished by someone other than the named contributors. Neither the initial complaint nor the Board's authorization for the investigation was directed at unreported contributions; the contributions under investigation were reported but they were allegedly reported by nominal contributors only.
The Board argues, however, that it is the violation itself which must be self-evident on the face of the report in order to apply the "contained in the report" one-year prescriptive period. By way of illustration, the Board points to the circumstances set out in State Bd. of Ethics v. Ourso, 02-1978 (La.4/9/03), 842 So.2d 346. There, a candidate disclosed loans on his campaign finance report in excess of the contribution limits established in La. R.S. 18:1505.2 H. Ourso, 92-1978, p. 1, 842 So.2d at 347. The Supreme Court noted, in dicta, that the one-year prescriptive period applied "because the alleged violations, the receipt of loans in excess of the contribution limits, were disclosed in the reports filed with the Board." Ourso, 02-1978, p. 4, 842 So.2d at 348. It is clear, however, from the Supreme Court's opinion that the issue in Ourso was not the construal of the phrase "contained in the report," but whether the one-year period contained within the statute was prescriptive or peremptive, and thus subject to waiver by the candidate under investigation.
Nevertheless, we acknowledge that the Board's interpretation of the phrase "contained in the report" is a reasonable reading of the term. We must also acknowledge, however, that the Board's reading of the term is not the only reasonable meaning attributable to La. R.S. 18:1511.11 B. Indeed, it is equally reasonable to read the statute as did the district court below because the suspected violations that the Board seeks to investigate via the issuance of subpoenas are clearly contained in the PAC's report. We also recognize that the Board is empowered, by virtue of La. R.S. 18:1511.2 A(2) and (3), to both clarify and define the various provisions found in the Campaign Finance Disclosure Act, but that it has not done so with respect to any phrase contained in La. R.S. 18:1511.11 B. Our review of the statute, therefore, convinces us that it is ambiguous, and that we must construe this ambiguity in favor of the Does.
It is axiomatic that the starting point for the interpretation of any statute is the language of the statute itself. See Dejoie v. Medley, 08-2223 (La.5/5/09), 9 So.3d 826. When a law is clear and unambiguous, and its application does not lead to absurd consequences, it shall be applied as written, with no further interpretation made in search of the legislative intent. See La. Civil Code. art. 9; La. R.S. 1:4; Dejoie, supra. Where a statute is ambiguous and susceptible of two constructions, however, the courts will give that construction to the statute which best comports with the principles of reason, justice, and convenience, for it is to be presumed that the legislature intended such exceptions to its language as would avoid its leading to injustice, oppression, or absurd consequences. See Freechou v. Thomas W. Hooley, Inc., 383 So.2d 337 (La.1980). Further, when the language of a law is susceptible of different meanings it must be interpreted as having the meaning that best conforms to the purpose of the law, and the meaning of ambiguous words must be sought by examination of the context in which they occur and the text of the law as a whole. See Louisiana Smoked Products, Inc. v. Savoie's Sausage and Food Products, Inc., 96-1716 (La.7/1/97), 696 So.2d 1373.
Thus, in construing the phrase "contained in a report" so as to determine which prescriptive period is controlling, we observe that the statute is penal in nature. Specifically, La. R.S. 18:1511.11 B is situated in Part VI, of Chapter 11 concerning election campaign finance, of Title 18, which contains Louisiana's election code. Part VI is subtitled "Enforcement," and, as previously discussed, sets out the enforcement mechanisms whereby the Board is empowered to investigate campaign finance violations, institute collection proceedings, and secure the imposition of penalties for violations of Louisiana's campaign finance laws. Therefore, La. R.S. 18:1511.11 B is penal as applied here because it is situated within that Part of Louisiana's election finance law that is dedicated to the enforcement of civil prohibitions and the collection of civil penalties.
Because of its penal nature, La. R.S. 18:1511.11 B must be construed in favor of the Does. Louisiana jurisprudence has long held that penal laws are strictly construed, and that any ambiguity in the language found within such statutes must be resolved with lenity and in favor of the individual subject to the penalty. State v.
Because La. R.S. 18:1511.11 B is both penal in nature and ambiguous, we conclude that the district court correctly interpreted it to mean that its one-year period applies to the facts of this case because the suspected violations that the Board seeks to investigate are contained in the PAC's report. The subpoenas, therefore, are oppressive and unduly burdensome on the Does because any potential civil enforcement action that might arise out of the information secured via the Does' response to the subpoenas has prescribed.
Accordingly, we affirm the district court's granting of the motions to quash that were filed by John Doe and Jane Doe.
LANDRIEU, J., concurs in the result.