Mississippi Advisory Opinions March 15, 1983: 19830315 (March 15, 1983)

Advisory Opinion Text

Honorable Ben H. Stone

Chairman

Harrison County Democratic Party

2300 Fourteenth Street

Gulfport, Mississippi 39501

Dear Mr. Stone:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“The Harrison County Democratic Executive Committee has received several inquiries regarding the interpretation of the reporting requirements of the Corrupt Practices Act.

“Pursuant to Section 23-3-41, Mississippi Code of 1972 , candidates for statewide office are required to file a list of names of persons who have made contributions 'the reasonable value of which exceeds the sum of five hundred dollars ($500.00) or more to their respective campaigns.' A similar provision requires reporting of $200.00 contributions for candidates for other offices. Subsection (3) provides that ' in each election a report must be made and filed by all candidates whose name shall be on the ballot on the following Tuesday on the Saturday preceding the day of the election.'

“Subsection (1)(a) defines a candidate as 'an individual who seeks nomination for election or election to any elective office.'

“It would appear that Section 23-3-41 would apply the limitations for reporting separately for the primary election and for the general election while no separate distinction would be made between the first and second primary elections since the primary and the general election are separately set forth in that section.

“The Harrison County Democratic Party would like to request your opinion as to whether a candidate could receive $500.00 or $200.00 respectively from a single contributor in the primary election without reporting the same and then receive a second contribution during the general election from the same contributor which does not exceed the $500.00 or $200.00 contribution respectively and not report that contribution since it occurs in a separate election? We appreciate your consideration on this matter.”

In response to your inquiry, it is the opinion of this office that Mississippi Code Annotated § 23-3-41 (Supp. 1982) contemplates that, for reporting purposes, the period for receiving contributions received by candidates for nomination or election runs throughout the primary and general elections and are cumulative in nature.

Therefore, contributions received by a candidate for election subsequent to the primary elections from a particular contributor must be added to any contributions received by that candidate from the same contributor prior to the primary elections in determining whether or not reporting is required.

Very truly yours,

Bill Allain, Attorney General