State of Louisiana Board of Ethics v. Corbett Ourso, Jr.

Summary

The Supreme Court of Louisiana held that the time limitation in La. R.S. 18:1511.11(B) for bringing enforcement actions under the Campaign Finance Disclosure Act is prescriptive rather than peremptive. Accordingly, the period may be renounced, and the court reversed the lower courts' dismissal and remanded for consideration of whether any claims remained prescribed despite the respondent's waiver.

Holdings

1. The time limitation in La. R.S. 18:1511.11(B) is prescriptive, not peremptive.
2. Because the period is prescriptive, it may be renounced, interrupted, or suspended; therefore, Ourso's waiver could preserve the Board's ability to pursue the action, subject to the trial court's consideration of the scope and effect of the waiver.

Questions Presented

1. Whether the one-year filing period for campaign-finance enforcement actions under La. R.S. 18:1511.11(B) is prescriptive or peremptive.
2. If the period is prescriptive, whether Ourso's waiver could renounce prescription and whether any claims nevertheless prescribed.

Disposition

reversed_and_remanded