Mississippi Advisory Opinions October 04, 1995: AGO 95-0456 (October 04, 1995)

Advisory Opinion Text

Honorable Tim Ford

Speaker, House of Representatives

P. O. Box 1018

Jackson, Mississippi 39215-1018

Re: Contributions for positions in State Legislature

Dear Mr. Ford:

Attorney General Mike Moore has received your letter and has assigned it to me for research and reply. Your letter states:

“This request is for an official opinion concerning corporate contributions and other contributions for the positions of Speaker of the Mississippi House of Representatives and State Representative.

Are the offices of State Representative and Speaker of the House of Representatives considered as two separate campaigns? If so, does Section 97-13-15, Mississippi Code of 1972, impose limitations on corporate contributions for the election of the Speaker of the House of Representatives? Further, do contributions to a candidate for the office of Speaker have to be reported pursuant to Section 23-15-807, Mississippi Code of 1972 ?

In response to your inquiry, this office is of the opinion that Miss. Code Ann. (1972) Section 97-13-15 and Section 23-15-807 are specifically directed to candidates seeking public office in which the general electorate will vote. Therefore, these code sections would not, in our opinion, apply to elections within the House of Representatives; thus, corporate contributions to a candidate seeking election as Speaker of the House of Representatives would not be limited and would not be required to be reported.

However, care must be taken to insure that corporate contributions in excess of the statutory limit of Section 97-13-15 and in support of a campaign for the office of Speaker of the House are not utilized in a separate campaign for state representative or another public office.

If any funds contributed in support of a campaign for the office of Speaker of the House are subsequently expended in the furtherance of a campaign for election to a public office to be determined by the vote of the general electorate, Section 23-15-807 requires the reporting of the receipt and expenditure of said funds when in excess of certain prescribed amounts depending on the office being sought.

Please let us know if we can be of any further assistance.

Sincerely,

Mike Moore, Attorney General.

Phil Carter Special Assistant Attorney General.