Alabama Advisory Opinions March 13, 2008: AGO 2008-59 (March 13, 2008)

Alabama Attorney General Opinions

2008.

AGO 2008-59.

Dear Representative Hilliard:

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

QUESTION

Is it appropriate for a state representative who is running as a delegate to the national convention of a political party to solicit funds to assist in defraying the costs of the election?

FACTS AND ANALYSIS

You have informed this Office that you ran as a delegate to the national convention of a political party in the upcoming Presidential election. You ask whether it is appropriate for you, as a state representative from District 60 of Jefferson County, to solicit funds to help defray the costs of your election as a delegate.

"Candidate," for purposes of the Fair Campaign Practices Act ("FCPA"), is defined 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 § 17-5-2(a)(1) (2006) (emphasis added). "State office" is defined as "[a]ll 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 § 17-5-2(15) (2006).

This Office was previously asked whether the Fair Campaign Practices Act prohibits an elected official from raising money as a candidate for delegate to a national convention. Opinion to Honorable Steve French, Senator, Alabama State Senate, dated June 22, 1999, A.G. No. 99-00232. The French opinion states as follows:

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 pro-hibit an elected official from raising money as a can-didate for delegate to a national convention.

French at 3 (emphasis added). In accordance with the French opinion, a dele-gate to the national convention of a political party does not hold a "state office" and is, therefore, not a "candidate" for purposes of the FCPA. Because a dele-gate is not a "candidate" under the FCPA, you are not prohibited by the FCPA from raising money to offset the costs of your campaign for delegate to the national convention.

This opinion addresses the applicability of the Fair Campaign Prac-tices Act. You may wish to contact the Federal Election Commission for their guid-ance on this matter. You may also wish to seek an opinion from the State Ethics Commis-sion concerning the applicability of the State Ethics Law.

CONCLUSION

The Fair Campaign Practices Act does not prohibit a state representative who is running as a delegate to the national convention of a political party from soliciting funds to assist in defraying the costs of the campaign for delegate to the national convention.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Noel S. Barnes of my staff.

Sincerely,

TROY KING

Attorney General

By:

BRENDA F. SMITH

Chief, Opinions Division

TK/NB

379341/118077