Alabama Advisory Opinions January 29, 1996: AGO 1996-115 (January 29, 1996)

AGO 1996-115.

Dear Representative Knight:

This opinion is issued in response to your request for an opinion from the Attorney General.

(1) Does the expenditure by a person or political committee for television advertisements on behalf of pending legislation, including a proposed constitutional amendment, constitute the broadcasting, publishing, or circulation of campaign literature or a political advertisement as regulated by Section 17-22A-12?

(2) If the television advertisement constitutes the broadcasting, publishing, or circulation of campaign literature or a political advertisement as regulated by Section 17-22A-12, does the placement of the advertisement without identifying it as a paid advertisement and the person or committee that paid for it violate that section?

The Fair Campaign Practices Act (FCPA), Code of Alabama 1975, _ 17-22A-12, provides as follows:

"Any paid political advertisement appearing in any print media or broadcast on any electronic media shall be clearly identified or marked as a paid advertisement. It shall be unlawful for any person, candidate, principal campaign committee or other political committee to broadcast, publish or circulate any campaign literature or political advertisement, without a notice appearing on the face or front page of any printed matter, or broadcast at the beginning or end of a radio or television spot, stating that the communication was a paid advertisement and giving the identification of the person, principal campaign committee or other political committee that paid for or otherwise authorized such communication." (Emphasis added.)

A political committee is defined in Code of Alabama 1975, _ 17-22A-2(9), as:

"Any political committee, club, association, principal campaign committee, political party, or other group of one or more persons which receives or anticipates receiving contributions or makes or anticipates making expenditures to or on behalf of any elected official, proposition , candidate, principal campaign committee or other political committee . . . ." (Emphasis added.)

The term "proposition" is defined in Code of Alabama 1975, _ 17-22A-2(11), as:

"Any proposal for submission to the general public for its approval or rejection, including proposed as well as qualified ballot questions."

A proposition as defined in the FCPA does not include pending legislation because pending legislation is not submitted to the general public for its approval or rejection. A legislative bill that includes a constitutional amendment is not submitted to the general public for its approval or rejection. Only after the Legislature has approved the bill does the constitutional amendment become a proposition. Thus, advertisements for or against pending legislation are not subject to the requirements of Code of Alabama 1975, _ 17-22A-12, with respect to paid political advertisements.

Advertisements for or against pending legislation are not subject to the requirements of Code of Alabama 1975, _ 17-22A-12.

I hope this sufficiently answers your questions. If our office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

JEFF SESSIONS

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

JS/BFS

K/1.96/f