Alabama Advisory Opinions June 22, 1999: AGO 1999-232 (June 22, 1999)

Alabama Attorney General Opinions

1999.

AGO 1999-232.

Dear Senator French:

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

QUESTION 1

Does the Fair Campaign Practices Act prohibit elected officials from raising money as a candidate for delegate to a National Convention?

FACTS AND ANALYSIS

Delegates to the national convention of a political party are elected pursuant to the provisions of sections 17-16A-1, et seq ., of the Code of Alabama. Section 17-16A-1(b) provides:

(b) Subject to the rules and procedures of the political party of any such presidential candidate, the names of any candidates for delegate to the national conventions pledged to a presidential candidate shall be placed under his name and such delegates shall be elected in the primary election on the first Tuesday in June of each year as provided herein.

ALA. CODE § 17-16A-1(b) (1995). Candidates for delegate must file petitions in support of their candidacy with the state party chairman of the appropriate political party in compliance with section 17-16A-3 of the Code of Alabama. ALA. CODE § 17-16A-3 (1995).

A candidate for purposes of the Fair Campaign Practices Act (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 . . .

ALA. CODE § 17-22A-2(a)(1) (Supp. 1998) (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(15) (Supp. 1998).

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(7) (Supp. 1998).

Based upon the definition of candidate, and state and local offices as used within the FCPA, this Office has previously held that candidates for and elected members of state political party executive committees are not subject to the filing and reporting requirements of the FCPA. Attorney General's Opinion to Honorable Perry A. Hand, Secretary of State, dated March 8, 1990, A. G. No. 90-00171. That opinion stated that although a political party executive committee position may be filled by an election, the position is a "party office" and not a public or elective office. Id . at 3. The rationale used in that opinion is also applicable to candidates for delegate to a national convention. Although candidates for delegate are elected, those candidates are not candidates for purposes of the FCPA because they are not seeking election to a state or local office. Accordingly, the FCPA does not prohibit an elected official from raising money as a candidate for delegate to a national convention.

CONCLUSION

Candidates for delegate to a national convention are not subject to the Fair Campaign Practices Act.

QUESTION 2

Are political organizations that raise money on behalf of or make contributions to candidates for delegate to the Democratic National Convention, or for delegate to the Republican National Convention subject to the solicitation, filing, and reporting requirements of the Fair Campaign Practices Act?

FACTS AND ANALYSIS

Political committees, as defined in the FCPA, are required to comply with various filing and reporting requirements of the FCPA. See , ALA. CODE §§ 17-22A-3 to 17-22A-5 and 17-22A-8 (1995). A "political committee" is defined as:

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. For purposes of this chapter, an individual who makes a personal political contribution, other than a candidate who makes a contribution to himself or herself, shall not be considered a political committee.

ALA. CODE § 17-22A-2(10) (Supp. 1998) (emphasis added).

This Office has previously stated that political organizations or committees that receive or make contributions only to candidates for or members of state political party executive committees are not receiving or making contributions to "elected officials" or "candidates" as those terms are defined in the FCPA. Attorney General's Opinion to Honorable Perry A. Hand, Secretary of State, dated March 8, 1990, A. G. No. 90-00171. Similarly, political organizations or committees that make contributions only to candidates for delegate to a national convention are not making contributions to "elected officials" or "candidates" as defined in the FCPA.

CONCLUSION

Political organizations or committees that raise money on behalf of or make contributions only to candidates for delegate to a national convention are not subject to the filing and reporting requirements of 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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