CIA Election

Core mechanics for private election framework.

Private Elections Manual is the primary procedural reference for how private elections are administered when state support is involved (as defined in the Louisiana Administrative Code):

➤ Key Requirements

Ballot Format — Guidelines for how ballots should be formatted for private elections.
Available Dates & Calendar — Lists when private elections may be scheduled.
Deadlines & Contracts — Timelines for election requests, contract execution, and requirements to use state staff/services.
Cost Estimates & Contracts — Estimated services and costs must be provided before conducting a private election.

➤ Contract and Payment Rules

All private elections must include a signed contract returned by the deadline to the Louisiana Department of State.
Payments for election services (staff time, ballot printing, drayage services) must accompany the contract — typically via certified check or money order.
Cancellations up to two weeks before a scheduled election may allow partial refunds (50% of department services; 100% on some service costs if applicable).
All funds received for private elections are deposited into the Voting Technology Fund.

?️ 3. Connection to State Election Code

It’s important to distinguish private elections from official public elections:

The Louisiana Election Code (Title 18 of the Louisiana Revised Statutes) governs official state and local elections (e.g., primary, general, bond elections).
Private elections are not public official elections, but state rules may allow the Secretary of State’s office to assist in conducting them under contract.
Louisiana law also states the Election Code preempts local election rules — meaning local governments cannot enact separate election conduct laws that conflict with state law.

Private Elections (Title 31, Part I, Chapter 8)

Private Elections Manual

The Private Elections Manual itself (referred to in the administrative rules) provides procedural guidance — including deadlines, ballot specs, and sample contract forms — that the Department of State uses when administering private elections upon request. It is part of or referenced within Title 31 administrative rules.

2. Private Elections — Louisiana Administrative Rules

Louisiana’s Private Elections Manual (Admin Code Title 31) allows private entities (such as associations, unions, student government, or other organizations) to request assistance from the state’s Elections Division for their own elections. This manual covers:

procedures (e.g., ballot format, deadlines, cost estimates),
contract requirements with the Department of State to use services,
and scheduling of available dates for private elections.

But the Private Elections Manual and Administrative Code do not:
✔ authorize holding a private organizational election at a state public polling place concurrently with a public governmental election,
✔ provide that private elections can automatically share the same venue and timeframe as public elections, or
✔ exempt private elections from the electioneering and polling place use rules of the public Election Code.

As a result, there is no statutory language in Louisiana law stating that a private election can legally be held at the same time and venue as a public governmental election simply by request.

? 3. Practical & Legal Considerations

Even if a private organization requests use of state election staff or facilities:

? Polling Place Use Restrictions

Louisiana law restricts how polling places are used on election day and during early voting to ensure integrity (e.g., 600-foot campaign-free zones, official activities only).
Private activities that resemble campaigning or ballot solicitation would likely conflict with public electioneering laws if they occur in or immediately around an official public polling place on election day.

?️ Scheduling & Venue

The Louisiana Private Elections Manual includes a calendar of available dates for private elections — separate from the regularly scheduled public election calendar.
In practice, private elections are scheduled on different dates or off-hours to avoid conflicts with public elections and regulatory restrictions.

3. Private Elections Are Governed Separately

Under the Louisiana Administrative Code (Title 31), private elections may occur:

On dates chosen by the private entity
With or without state assistance
At locations selected by the organizing entity

Nothing in Title 31:

Prohibits same-day scheduling with public elections
Requires private elections to avoid public election dates
Mandates coordination unless state election services are requested

Application to a Community Investment Authority Election

Assuming the CIA is:

A pre-formation authority, trust, district, or nonprofit instrumentality
Not yet a political subdivision
Conducting a community ratification, membership, or governance vote

✔️ Lawful Structure

Element	Requirement
Date	May be the same day as public election
Location	Must be different from any public polling place
Ballots	Separate ballots, no public offices or propositions
Staffing	No public election officials acting in official capacity
Funding	No public funds, equipment, or ballot machines
Messaging	No implication that it is an “official” public election
Voter Eligibility	Defined by CIA charter or organizing instrument

What You Must Avoid

? Holding the CIA election:

Inside a public polling place
Within the restricted perimeter
Using state voting machines without authorization
Using parish election officials in their official role
Suggesting the vote has statutory public-election effect

Any of those could trigger Title 18 violations.

Best-Practice Legal Safeguards (Strongly Recommended)

Written Notice & Disclaimer “This is a private community election and is not conducted by the State of Louisiana, any parish, or any political subdivision.”
Separate Governance Instrument
- Charter, trust agreement, or ordinance-in-formation
- Defines voter class and legal effect of the vote
Physical Separation
- Different building or campus
- No shared entrances or signage
No Public Election Branding
- No use of state seals
- No reference to “official election day polling”
Optional Coordination (Not Required)
- Courtesy notice to parish clerk or the Louisiana Secretary of State
- Especially useful for community transparency

Legal Conclusion

A Community Investment Authority may lawfully conduct a private election on the same day as a public election in Louisiana, so long as it is held at a different location and is clearly private in nature.

This structure:

Does not violate the Louisiana Election Code
Does not require special legislative authorization
Is consistent with Title 31 private election principles

I. FORMAL ELIGIBILITY & ELECTION-AUTHORITY LANGUAGE

(Private Community Election)

Section 1. Nature of Authority

The Community Investment Authority (“Authority”) is a privately organized community investment instrumentality established for the purpose of facilitating community-backed capital formation, infrastructure financing, and revenue-supported obligations, including but not limited to community investment bonds, revenue notes, and credit enhancement mechanisms.

The Authority is not a political subdivision of the State of Louisiana, and no powers herein are exercised pursuant to Title 18 of the Louisiana Revised Statutes unless and until expressly constituted by statute or ordinance.

Section 2. Authority to Conduct Private Community Election

The Authority is authorized to conduct a private community election for the purpose of:

ratifying governance documents;

approving the issuance or support of community investment obligations;

authorizing community guarantees, moral obligations, or revenue pledges;

approving membership, representation, or trustee appointments.

Such election shall constitute a private organizational vote and shall not be deemed a public governmental election.

Section 3. Voter Eligibility

Eligible voters (“Eligible Participants”) shall consist exclusively of persons or entities meeting all of the following criteria as of the record date:

Residency, property ownership, membership, service usage, or economic participation within the defined community or service area;
Inclusion within the Authority’s Eligibility Register maintained by the Election Administrator;
Execution (or deemed execution) of a participation acknowledgment recognizing the private nature of the election.

No voter registration under Louisiana public election law is required.

Section 4. Election Administration

The election shall be administered by:

an independent private election administrator, or
an internal election committee designated by the Authority.

No parish clerk of court, state election official, or public voting equipment shall be utilized unless separately contracted under applicable administrative rules.

Section 5. Binding Effect

Approval by the required voting threshold shall constitute valid private authorization for the Authority to:

issue, support, or guarantee community investment obligations;

enter into trust, securitization, or bond documents;

represent such approval to investors, banks, trustees, and counterparties as a valid private act.

II. MODEL DISCLAIMER & NOTICE POSTING

(Must Be Posted at Venue & on Ballot)

Official Notice – Private Community Election

NOTICE OF PRIVATE ELECTION

This election is a private community election conducted by the Community Investment Authority.

This election:

is not conducted by the State of Louisiana, any parish, or any political subdivision;

is not a public governmental election;

is not governed by Title 18 of the Louisiana Revised Statutes;

does not involve public funds, public voting machines, or public election officials.

Participation is voluntary and limited to eligible community participants as defined by the Authority’s governing documents.

Ballot Disclaimer (Short Form)

This ballot relates to a private community authorization and does not constitute a public election or referendum.

III. MAPPING THE VOTE TO BOND RATIFICATION & COMMUNITY GUARANTEE MECHANICS

A. Legal Function of the Vote

The private election operates as a community consent mechanism, serving one or more of the following functions:

Bond Ratification Substitute
- Approves issuance of bonds by a private authority or SPV
- Replaces statutory referendum where not required
Community Guarantee Authorization
- Authorizes a moral obligation, service pledge, assessment support, or revenue covenant
- Establishes community-backed credit enhancement
Investor Reliance Instrument
- Allows offering documents to state: “The obligations have been approved by a duly conducted private community vote.”

B. Vote Thresholds (Customizable)

Typical thresholds used in private finance:

Purpose	Recommended Threshold
Governance approval	Majority of votes cast
Bond issuance	≥60% approval
Community guarantee	≥66⅔% approval
Assessment-backed pledge	≥75% approval

C. Representations in Bond Documents

Bond or offering documents may include:

“The Community Investment Authority has received valid private authorization from eligible community participants approving the issuance and/or support of the obligations pursuant to a private election held on [date].”

IV. LEGALLY COGNIZABLE AUTHORIZATION INSTRUMENT

(Result Conversion Document)

COMMUNITY INVESTMENT AUTHORIZATION CERTIFICATE

Date: __________
Authority: Community Investment Authority
Election Date: __________
Election Type: Private Community Election

Certification

The undersigned hereby certifies that:

A private community election was duly conducted pursuant to the Authority’s governing documents;

Proper notice and disclaimers were issued;

Eligible participants voted in accordance with established procedures;

The required approval threshold was achieved.

Authorization Granted

By virtue of such approval, the Authority is hereby authorized to:

☑ Issue community investment bonds or notes
☑ Enter into trust or securitization structures
☑ Pledge designated revenues or community support mechanisms
☑ Represent such approval to banks, trustees, investors, and regulators

Reliance Clause

This Certificate may be relied upon by any bank, trustee, underwriter, investor, or counterparty as evidence of valid private authorization.

Execution

Authorized Officer / Trustee: ____________________
Title: ____________________
Signature: ____________________
Date: ____________________

V. LEGAL CHARACTERIZATION (Why This Holds)

This structure is legally cognizable because it is:

✔ Contractual (private law, not election law)
✔ Associational (membership / community consent)
✔ Non-coercive (no public compulsion)
✔ Non-publicly funded
✔ Properly disclaimed

It mirrors mechanisms used in:

private HOAs
utility cooperatives
mutual associations
infrastructure SPVs
family-office–sponsored districts