Alabama Advisory Opinions January 06, 2000: AGO 2000-062 (January 6, 2000)

Alabama Attorney General Opinions

2000.

AGO 2000-062.

Dear Mr. Bennett:

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

QUESTIONS

1. Does the Alabama Fair Campaign Practices Act contain reporting requirements for federal political committees that operate independent of federal law?

2. If the answer to Question 1 is yes, would federal law that provides for computer access as an alternative to paper filings in our Office preempt state law operating to the contrary?

FACTS AND ANALYSIS

Section 17-22A-15 of the Fair Campaign Practices Act (FCPA) states:

Notwithstanding any provision of this chapter to the contrary, political committees qualified with the Federal Election Commission established under 2 U.S.C. 437 shall file a copy of any report filed with the Federal Election Commission with the Secretary of State and such filing shall constitute compliance with the reporting requirements of this chapter.

ALA. CODE § 17-22A-15 (1995).

"Political committees," as defined under the FCPA, are required to make various filings, including statements of organization and reports of contributions and expenditures. ALA. CODE §§ 17-22A-5 and 17-22A-8 (1995). A "political committee" is defined, in pertinent part, as follows:

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.

ALA. CODE § 17-22A-2(a)(10) (Supp. 1999).

A "candidate," for purposes of the FCPA, is defined as follows:

(1) CANDIDATE. An individual who has done any of the following:

a. Taken the action necessary under the laws of the state to qualify himself or herself for nomination or for election to any state office or local office or in the case of an independent . . .

ALA. CODE § 17-22A-2(a)(1) (Supp. 1999) (emphasis added).

A "state office" is defined as:

All offices under the constitution and laws of the state filled by election of the registered voters of the state or of any circuit or district and shall include legislative offices.

ALA. CODE § 17-22A-2(a)(15) (Supp. 1999) (emphasis added).

A "local office" is defined as:

Any office under the constitution and laws of the state , except circuit, district, or legislative offices, filled by election of the registered voters of a single county or municipality, or by the voters of a division contained within a county or municipality.

ALA. CODE § 17-22A-2(a)(7) (Supp. 1999) (emphasis added).

Federal offices are not "offices under the constitution and laws of the state." Accordingly, political committees that contribute to candidates for federal office are not required to comply with the reporting requirements of the FCPA. In any event, compliance with the reporting requirements under federal law (2 U.S.C. §§ 431 to 455) supersedes provisions of state law with respect to elections to federal offices. 2 U.S.C.A § 453 (West 1999).

CONCLUSION

Political committees that participate in elections for federal offices are subject to federal election campaign laws and must qualify with the Federal Election Commission and are not subject to the Fair Campaign Practices Act.

I hope this opinion answers your questions. 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

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