Alabama Advisory Opinions November 15, 2001: AGO 2002-062 (November 15, 2001)

AGO 2002-062.

Dear Representative Rogers:

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

What is the relationship between Alabama laws (the Fair Campaign Practices Act and the Ethics Law) and the federal election laws with respect to a candidate for federal office?

You seek additional information after receipt of Attorney General's Opinion No. 2002-040 and Advisory Opinion No. 2001-49 from the Ethics Commission concerning your candidacy for a federal office. The Attorney General's opinion advised that the Fair Campaign Practices Act does not prohibit a member of the Alabama Legislature who is a candidate for a federal office from soliciting and/or receiving contributions to the federal campaign while the Legislature is in session. Opinion to Honorable Mike Rogers, State Representative, dated October 24, 2001, A.G. No. 2002-040. The Ethics Commission's opinion advised that a member of the Alabama Legislature who is a candidate for federal office cannot, under the Alabama Ethics Law, solicit contributions to his or her federal campaign from a lobbyist. Ethics Commission Advisory Opinion No. 2001-49, dated November 7, 2001.

This Office expresses no opinion on the legal analysis expressed in the Ethics Commission opinion. You have inquired, however, about the relationship between the Alabama laws and the federal election laws. Under the Federal Election Campaign Act, federal election laws "supersede and preempt any provision of State law with respect to election to Federal office." 2 U.S.C. § 453.

The Federal Election Commission (FEC) has issued several opinions interpreting section 453 of the United States Code in relation to various state laws that place limitations on fundraising by candidates seeking federal office. In Opinion No. 1978-66, which involved an almost identical factual situation, the FEC considered a California law that prohibited an elected state official from receiving contributions from registered lobbyists. The FEC concluded that federal law preempted the state law prohibitions on contributions by registered state lobbyists with respect to a candidate for a federal office. The FEC found that the federal law provides the sole authority under which federal elections will be regulated. FEC Advisory Opinion No. 1978-66. A copy of this opinion is attached. Accordingly, the candidate for federal office could accept contributions from registered lobbyists for his federal campaign. See also FEC Advisory Opinions No. 1995-48, No. 1994-2, and No. 1993-25 (copies attached).

In addition, the United States Court of Appeals for the Eleventh Circuit held that a Georgia statute prohibiting any member of the Georgia General Assembly from accepting contributions for a political campaign while the General Assembly was in session was preempted by the Federal Election Campaign Act to the extent it applied to prevent a state legislator from accepting contributions for a campaign for a federal office. Teper v. Miller , 82 F. 3d 989 (11th Cir. 1996).

Federal election laws preempt any provision of state law with respect to a candidate's election to federal office.

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

Attachments

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