Alabama Advisory Opinions December 19, 1996: AGO 1997-054 (December 19, 1996)

AGO 1997-054.

Dear Representative Hammett:

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

May a member of the Legislature who maintains a principal campaign committee participate in the establishment and operation of a separate and distinct political committee for the purpose of receiving contributions and making expenditures to other members of the Legislature and nonmembers who are candidates for election to the Legislature, if the political committee's organizational document prohibits contributions to or expenditures on behalf of the member of the Legislature participating in such establishment and operation?

The Fair Campaign Practices Act, Code of Alabama 1975, _ 17-22A-1, et seq ., defines a principal campaign committee as a committee established primarily to benefit an individual candidate or an individual elected official. Code of Alabama 1975, _ 17-22A-2, subsection (9). A political committee, commonly referred to as a PAC, is defined 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. For purposes of this chapter an individual who makes a personal political contribution (other than a candidate who makes a contribution to himself), shall not be considered a political committee."

Each political committee must file a statement of organization which identifies the purposes of the committee, the chairman, treasurer, and principal officers of the committee and the candidates or elected officials that the committee is supporting. Code of Alabama 1975, _ 17-22A-5.

We note that candidates for state offices and their principal campaign committees are limited with respect to the time period during which they can solicit and/or accept contributions; however, political committees, other than principal campaign committees, are not subject to this limitation. Code of Alabama 1975, _ 17-22A-7 and _ 36-25-6. Thus, a political committee that sought contributions or made expenditures to a member of the Legislature who assisted in the establishment and operation of that political committee could violate these limitations. Our research does not reveal any provisions that prohibit a member of the Legislature from participating in the establishment and operation of a political committee that seeks to receive contributions and make expenditures for candidates seeking election to the Legislature, when the political committee does not make contributions or expenditures on behalf of the Legislator participating in the political committee.

We note that solicitation of campaign contributions and the use of such contributions by candidates and principal campaign committees are also covered under the Ethics Law. In this instance, since the individual is not soliciting in that capacity the Ethics Law is not applicable.

A member of the Legislature who maintains a principal campaign committee may participate in the establishment and operation of a separate and distinct political committee for the purpose of receiving contributions and making expenditures to other members of the Legislature and nonmembers who are candidates for election to the Legislature, if the political committee's organizational document prohibits contributions to or expenditures on behalf of the member of the Legislature participating in such establishment and operation.

I hope this sufficiently answers your question. 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

H2/11.96/f