Alabama Advisory Opinions September 06, 1996: AGO 1996-306 (September 6, 1996)

AGO 1996-306.

Dear Representative Papucci:

This opinion is issued in response to your request for an opinion from the Attorney General.

1. Must all candidates for municipal offices in a city that lies in two different counties file their campaign financial disclosure statements with the probate judge in both counties, or is just one county sufficient?

2. If a city lies in two different counties and a candidate is running for city council in a district which lies entirely within only one of the two counties, is the candidate still required to file campaign financial statements with the probate judge in both counties?

The filing procedure for campaign statements and reports is set forth in Code of Alabama 1975, _ 17-22A-9, which states:

"All statements and reports required of principal campaign committees under the provisions of this chapter shall be filed . . . in the case of candidates for local office or local elected officials, with the judge of probate of the county in which the office is sought."

This provision does not specify whether the statements and reports should be filed in two counties if the municipality lies within two counties, nor are there any cases which have interpreted this provision. The purpose of filing disclosure statements is to let the voters know the source of a candidate's funds. If a municipality or a district lies within two counties, it is our opinion that the better practice is to file in both counties. If a district lies only in one county and all the voters are in one county, there is no need to file disclosure statements for voters in another county. Thus, if a district lies within one county while the municipality lies within two counties, the candidate need only file in the one county in which his district lies. We note, however, that only a court of competent jurisdiction can determine whether filing in only one county is sufficient.

Although only a court can decide, it is our opinion that a candidate should file the financial disclosure statements in all counties in which the municipality lies unless a district lies entirely within one county, then the disclosure need only be filed in that one county.

If the answer to either of the above questions is yes, what are the potential penalties for candidates who have failed to comply and have not filed their statements with the probate judge in each of the two counties? If such a candidate wins an election and it is later revealed that he failed to file his statements in both counties, can he be stripped of his office?

Based upon our opinion above and the fact that a court has not ruled on whether a person must file disclosure statements in all counties in which a municipality lies, we feel we must pretermit any discussion as to the penalties that may or may not be imposed if a candidate does not file in all counties.

This office pretermits any discussion as to the penalties that may be imposed upon a candidate for failure to file disclosure statements in both counties as only a court can make this determination.

If an apartment complex has a "no soliciting" sign posted, does this prohibit the distribution of political literature in the apartment complex? Does this sign prohibit candidates from campaigning door to door? In other words, can the management of an apartment complex prevent the free practice of political campaigning by candidates in that complex?

This question concerns the use of private property. Any enforcement of the "no soliciting" prohibition would be between the owners of the apartment complex and the individuals who wish to campaign.

Whether political activities may be conducted on private property is a question for the private property owner.

I hope this sufficiently answers your questions. If our office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

JEFF SESSIONS

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

JS/BFS

P3/9.96/f