Alabama Advisory Opinions October 24, 2001: AGO 2002-040 (October 24, 2001)

AGO 2002-040.

Dear Representative Rogers:

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

May a member of the Alabama Legislature who is an openly declared and formally registered candidate for federal office solicit and/or receive contributions to the federal campaign from individuals, including lobbyists registered with the State of Alabama, during the period of time the Alabama Legislature is convened in a special session?

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. 2000).

A candidate, for purposes of the FCPA, is defined in section 17-22A-2(a)(1) 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 . . .

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.

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.

This Office has previously held that federal offices are not "offices under the constitution and laws of the state." Opinion to Honorable Jim Bennett, Secretary of State, dated January 6, 2000, A.G. No. 2000-062 at 3. Thus, a candidate for a federal office is not considered a candidate for purposes of the Alabama FCPA. Accordingly, the provisions of the FCPA, in particular section 17-22-7(b)(2) of the Code of Alabama, are not applicable to a candidate for a federal office. The fact that the candidate is currently a member of the Alabama Legislature does not subject the candidate to the provisions of the FCPA.

The Fair Campaign Practices Act does not prohibit a member of the Alabama Legislature who is an openly declared and formally registered candidate for federal office from soliciting and/or receiving contributions to the federal campaign while the Legislature is in session.

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

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