Alabama Advisory Opinions February 22, 2000: AGO 2000-088 (February 22, 2000)

AGO 2000-088.

Dear Representative Dean:

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

QUESTIONS

1. Can a State Representative running for county commissioner, a county office, solicit and accept campaign funds for that office during the legislative session?

2. Can another elected official, such as a Legislator, serve on the finance committee and help raise funds for the campaign for the county office?

The Fair Campaign Practices Act (FCPA) prohibits a candidate for "state office," or his or her principal campaign committee, from accepting, soliciting, or receiving contributions when the Legislature is in session, with certain exceptions. ALA. CODE § 17-22A-7(b) (Supp. 1999). These prohibitions do not apply to a candidate for a "local office." A "local office" is defined as follows:

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.

The office of county commissioner is a local office; thus, a candidate for county commissioner may solicit and accept contributions during the time the Legislature is in session. The Fair Campaign Practices Act does not prohibit a candidate for county commissioner, who is also a member of the Legislature, or the candidate's principal campaign committee from soliciting and receiving contributions for the county office during the legislative session.

This Office has previously held that a member of the Legislature is not prohibited by the FCPA from soliciting funds on behalf of a Republican Caucus administrative fund or a Caucus political action committee and may receive contributions from the Caucus as long as the Legislator does not have the sole authority to make contributions or expenditures on behalf of the Caucus to his own campaign and does not participate in the decision to make such contributions. Opinion to Honorable Michael D. Rogers, State Representative, dated November 1, 1999, A. G. No. 2000-016. Similarly, the FCPA does not prohibit a member of the Legislature or other elected official from soliciting contributions on behalf of a principal campaign committee of a candidate for county office regardless of whether the Legislature is in session.

This opinion addresses the applicability of the Fair Campaign Practices Act. You may wish to seek an opinion from the State Ethics Commission concerning the applicability of the ethics law.

The Fair Campaign Practices Act does not prohibit a candidate for county commissioner, who is also a member of the Legislature, or the candidate's principal campaign committee from soliciting and receiving contributions for the county office during the legislative session.

The FCPA does not prohibit a member of the Legislature or other elected official from soliciting contributions on behalf of a principal campaign committee of a candidate for county office regardless of whether the Legislature is in session.

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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