Mississippi Advisory Opinions August 30, 1996: AGO 96-0556 (August 30, 1996)

Advisory Opinion Text

Hon. Donna Ross Philip

Legal Counsel

Secretary of State

Post Office Box 136

Jackson, Mississippi 39205-0136

Re: Campaign Finance Disclosure

Dear Ms. Philip:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. You inquire:

1. When a political committee pays funds to a campaign consultant, advertising firm, polling organization or media buying firm and the specialized firm performs services which benefits a specific candidate for elective office, is the political committee required to report the candidate(s) by name who received value from the services?

2. Pursuant to Miss. Code Section 23-15-809, persons making independent expenditures are considered a political committee and must itemize and report expenditures over $200. When the independent entity pays over $200 to a specialized firm as discussed above and that firm assists a candidate by providing something of value, does the independent entity then fall under the reporting provisions of Sections 23-15-805 and 23-15-807?

Miss. Code Ann. §§ 23-15-805 and 23-15-807 provide the reporting requirements of candidates and political committees. Candidates and political committees are required to report contributions and disbursements, and expenditures made for the purpose of influencing or attempting to influence the action of voters in an election. Additionally, Section 23-15-809 states that all persons who make independent expenditures in an aggregate amount in excess of $200 shall also be subject to the reporting requirements of Sections 23-15-805 and 23-15-807 .

Section 23-15-807(c)(ii)(2) sets forth the pertinent contents of the reports to be filed:

(c) Contents of reports. Each report under this article shall disclose: ***

(ii) The identification of: ***

2. Each person or organization who receives a expenditure 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.

It is the opinion of this office that the name of a candidate who is the recipient of specialized services provided either by a political committee or an independent entity in an aggregate amount in excess of $200.00 should be disclosed as provided in the Campaign Finance Disclosure Laws, Sections 23-15-801 et seq.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore Attorney General

Sandra M. Shelson Special Assistant Attorney General