Mississippi Advisory Opinions January 27, 1995: AGO 94-0882 (January 27, 1995)

Advisory Opinion Text

Constance Slaughter–Harvey, Esquire

Assistant Secretary of State

State of Mississippi

Post Office Box 136

Jackson, Mississippi 39205–0136

Re: Campaign Finance

Dear Ms. Slaughter–Harvey:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. We understand your two (2) specific questions to be: 1) whether a political committee must identify and report a contribution it makes to a candidate for statewide offices when the aggregate amount in a calendar year exceeds $200 or when the aggregate amount exceeds $500?; and 2) are statewide candidates who have authorized political committees required to itemize contributions and expenditures which exceed $200 in the aggregate or only such contributions and expenditures which exceed $500 in the aggregate?

Mississippi Code Annotated, Section 23–15–807(c) (Revised 1990) provides:

“Contents of reports. Each report under this article shall disclose:

(i) For the reporting period and the calendar year, the total amount of all contributions and the total amount of all expenditures of the candidate or reporting committee required to be identified pursuant to item (ii) of this paragraph. Such reports shall be cumulative during the calendar year to which they relate;

(ii) The identification of:

1. Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) when made to a political committee or to a candidate for an office other than statewide office or office elected by Supreme Court district, or in excess of Five Hundred Dollars ($500.00) when made to a candidate for statewide office or office elected by Supreme Court district, together with the date and amount of any such contribution;

2. Each person or organization who receives an expenditure or expenditures from the reporting candidate or political committee during the reporting period when the expenditure or expenditures to such person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00) when received from a political committee or candidate for an office other than statewide office or office elected by Supreme Court district, or in excess of Five Hundred Dollars ($500.00) when received from a candidate for statewide office or office elected by Supreme Court district, together with the date and amount of such expenditure.” (emphasis ours)

In response to your first question, we are of the opinion that a “contribution” from a political committee to a statewide candidate or his committee constitutes an expenditure of the contributing committee. It necessarily follows and is the opinion of this office that a political committee must identify and report expenditures made to a statewide candidate, or his committee, in accordance with Section 23–15–807(c)(ii)(2) which requires such identification and reporting when such expenditures exceed, in the aggregate, $200 in a calendar year.

In response to your second question, it is our opinion that Section 23–15–807(c) requires political committees, including statewide candidate authorized committees, to identify and report contributions and expenditures from or to any one person or entity which exceed in the aggregate two hundred dollars ($200.00).

Sincerely,

Mike Moore Attorney General

Phil Carter Assistant Attorney General.