Mississippi Advisory Opinions December 06, 1996: AGO 96-0814 (December 06, 1996)

Advisory Opinion Text

Honorable Tommy Gollott

President Pro Tempore

Mississippi State Senate

235 Bay View Avenue

Biloxi, Mississippi 39530

Re: Campaign Contributions

Dear Senator Gollott:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. Your letter states:

This request is for an official opinion concerning corporate contributions and other contributions for the position of State Senator and President Pro Tempore of the Mississippi State Senate.

Are the offices of State Senator and President Pro Tempore of the Senate 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 President Pro Tempore of the Senate? Further, do contributions to a candidate for the office of President Pro Tempore have to be reported pursuant to Section 23-15-807, Mississippi Code of 1972 ?

Is a candidate for the office of President Pro Tempore a ‘candidate’ as defined in Section 23-15-801(b), Mississippi Code of 1972 ?

Also, should separate accounts be kept for the campaign funds?

This office has addressed both questions in a prior opinion to Honorable Tim Ford, November 21, 1995, a copy of which is attached. In that opinion the question was posed as to whether a candidate for the office of Speaker of the House of Representatives was a “candidate” for purposes of Section 23-15-801(b) . We opined that while it was good public policy to report contributions to a campaign for Speaker of the Mississippi House of Representatives, it is not required under the campaign finance disclosure law. We further opined that the maintenance of separate accounts for campaign funds would be helpful in ensuring compliance with the campaign finance disclosure law. We cautioned that care must be taken to make sure that campaign funds contributed for the campaign for Speaker of the House are not utilized in a separate campaign for public office. See also MS AG Op., Ford (October 4, 1995), attached.

Therefore, it is the opinion of this office that a candidacy for President Pro Tempore of the Mississippi Senate would not invoke the campaign disclosure laws; however, it would be good public policy for such a candidate to disclose contributions received for election to that office. Also, although not required, a separate account for such a campaign would be helpful to ensure that campaign contributions for President Pro Tempore are not utilized for the election to public office.

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.