Alabama Advisory Opinions December 18, 2008: AGO 2009-23 (December 18, 2008)

AGO 2009-23.

Dear Speaker Newton:

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

Can legislators use their campaign funds to cover expenses for traveling and attending the inaugural events for the President of the United States?

Your request states that many legislators from the State of Alabama are planning to attend the inauguration of the Forty-fourth President of the United States, and many of these legislators wish to know whether excess campaign funds in their principal campaign accounts can be used to cover the expenses for the trip.

The Fair Campaign Practices Act ("FCPA") specifies the ways that cam-paign funds may be used. Section 17-5-7 of the FCPA states, in pertinent part, as follows:

(a) A candidate, public official, or principal cam-paign committee as defined in this chapter, may only use campaign contributions, and any proceeds from investing the contributions that are in excess of any amount necessary to defray expenditures of the can-didate, public official, or principal campaign com-mittee, for the following purposes:

(1) Necessary and ordinary expenditures of the campaign.

(2) Expenditures that are reasonably related to performing the duties of the office held. For purposes of this section, expenditures that are reasonably related to performing the duties of the office held do not include personal and legislative living expenses, as defined in this chapter.

(3) Donations to the State General Fund, the Education Trust Fund, or equivalent county or munici-pal funds. Donations to an organization to which a fed-eral income tax deduction is permitted under sub-paragraph (A) of paragraph (1) of subsection (b) of Section 170 of the Internal Revenue Code of 1986, as amended, or any other charitable, educational, or elee-mosynary cause of Section 501 of Title 26 of the U. S. Code.

(4) Transfers to another political committee as defined in this chapter.

(5) Inaugural or transitional expenses.

This section provides that a candidate, public official, or principal cam-paign committee may use campaign contributions for inaugural expenses. This term is not defined in the FCPA, and there are no limitations placed on its application. For example, it is not defined as applying to only state-sanctioned inaugural events. Accordingly, the term "inaugural expenses" should be given its plain, ordinary, and commonly understood meaning. Ex parte Cove Proper-ties, Inc ., 796 So. 2d 331, 333-34 (Ala. 2000); Ex parte T.B ., 698 So. 2d 127, 130 (Ala. 1997).

The term "inauguration" is defined as "to introduce or induct into an office with suitable ceremonies or solemnities." Webster's Third New International Dictionary 1140 (2002). This Office has previously recog-nized that an inauguration is a government-sponsored event participated in and enjoyed by the public at large and serves as the ceremonial recognition of the beginning of a new term of office for newly elected officials. Opinion to Honorable Wendell W. Mitchell, State Senator, dated March 10, 1995, A.G. No. 95-00146. Thus, inaugural expenses would include the costs of attending an inaugural event. Based on the foregoing, it is the opinion of this Office that section 17-5-7 of the Code of Alabama allows a public official to use excess campaign funds to cover the costs for traveling and attending the inaugural events for the President of the United States.

Section 17-5-7 of the Code of Alabama allows a public official to use excess campaign funds to cover the costs for traveling and attending the inaugural events for the President of the United States.

I hope this opinion answers your question. If this Office can be of further assistance, please contact me.

Sincerely,

TROY KING

Attorney General

By:

BRENDA F. SMITH

Chief, Opinions Division

TK/BFS

731645/128082