Alabama Advisory Opinions November 17, 1998: AGO 1999-043 (November 17, 1998)

AGO 1999-043.

Dear Representative McAdory:

This opinion of the Attorney General is issued in response to your request.

Under section 17-22A-7(b)(4) of the Code of Alabama, may I raise funds to pay the expenses associated with the litigation involving my election contest even though more than 120 days has expired since I appeared on the ballot as a candidate in the June 2, 1998, Democratic primary election?

Your request states that you have been involved in litigation which started as an election contest timely filed following the June 2, 1998, Democratic primary election for House District 56. This litigation is currently ongoing in the Alabama Supreme Court and may continue for some time.

Section 17-22A-7 of the Code of Alabama, authorizing the solicitation of campaign contributions provides, in pertinent part:

(b) Notwithstanding any other provision of law, including, but not limited to, Section 13A-10-61, a candidate, public official, or principal campaign committee may only accept, solicit, or receive contributions:

* * *

(3) For a period of 120 days after the election in which the person was a candidate, but only to the extent of any campaign debt of the candidate or principal campaign committee of the candidate . . .

(4) For the purpose of paying all expenses associated with an election challenge including, but not limited to, quo warranto challenges.

This section authorizes a candidate, public official, or principal campaign committee to solicit and accept contributions for the purpose of paying all expenses associated with an election challenge. The 120-day limitation found in subsection (b)(3), applicable to campaign debt, is not applicable to subsection (b)(4). A candidate, public official, or principal campaign committee may, therefore, solicit and accept contributions to pay all expenses associated with an election contest, without regard to the 120-day limitation after an election, applicable to campaign debt.

Pursuant to section 17-22A-7 of the Code of Alabama, a candidate, public official, or principal campaign committee may solicit and accept contributions to pay all expenses associated with an election contest without regard to time limitations.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

Mc/11.98/f