Mississippi Advisory Opinions September 02, 1982: 19820902 (September 02, 1982)

Advisory Opinion Text

Honorable Joe W. Martin Jr.

Circuit Clerk

Post Office Box 998

Pascagoula, Mississippi 39567

Dear Mr. Martin:

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

Your letter states:

“Our Election Commission has been asked if it is legal to charge a candidate for the opportunity to speak at a political rally for a special election or a general election. Also - if there is a law to prohibit charging candidates for the opportunity to speak at a political rally for a special election or a general election, what are the duties or authority of the election commission regarding the enforcement of same?”

We base our response to your inquiry on the assumption that neither the election commission nor any member thereof in any official capacity is arranging, scheduling or promoting the political rally in question, but that such rally is the result of action by private citizens.

In response to your last question, it is the opinion of this office that, after a careful review of the statutes and Supreme Court decisions, no duty or authority devolves upon the election commission or any member thereof in either the collective or individual official capacity regarding such private political functions.

A political rally for a special or general election is characterized by those attributes desired by the sponsors thereof, wholly independent of any official participation or involvement by the election commission.

In response to the first question you present as to whether “. . . it is legal to charge a candidate for the opportunity to speak at a political rally for a special election or a general election”, again assuming the political rally to be the product of private citizens acting in no official capacity whatever as election commissioners, it is the opinion of this office that such matters are of a private nature as determined by the candidates and those private citizens conducting the rally.

By way of further discussion, it has been observed as a common practice for those conducting a political rally to make pro-rata assessments to candidates or their supporters as rental for the time the public address and sound system and other facilities are used, including a proportionate charge for expenses such as electricity, advertisement and entertainment associated with the rally.

Very truly yours,

Bill Allain, Attorney General.