AGO 1996-115.

Case DateJanuary 29, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-115. 1996-115January 29, 1996Honorable Al Knight Member, House of Representatives District No. 40 2969 M Alpine Square Montgomery Highway Pelham, AL 35124 Fair Campaign Practices Act - Advertising - Political Activities - LegislationAdvertisements for or against pending legislation are not subject to the requirements of Code of Alabama 1975, _ 17-22A-12.Dear Representative Knight: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS (1) Does the expenditure by a person or political committee for television advertisements on behalf of pending legislation, including a proposed constitutional amendment, constitute the broadcasting, publishing, or circulation of campaign literature or a political advertisement as regulated by Section 17-22A-12? (2) If the television advertisement constitutes the broadcasting, publishing, or circulation of campaign literature or a political advertisement as regulated by Section 17-22A-12, does the placement of the advertisement without identifying it as a paid advertisement and the person or committee that paid for it violate that section? FACTS AND ANALYSIS The Fair Campaign Practices Act (FCPA), Code of Alabama 1975, _ 17-22A-12, provides as follows: "Any paid political advertisement appearing in any print media or broadcast on any electronic media shall be clearly identified or marked as a paid advertisement. It shall be unlawful for any person, candidate, principal campaign committee or other political committee to broadcast, publish or circulate any campaign literature or political advertisement, without a notice appearing on the face or front page of any printed matter, or broadcast at the beginning or end of a radio or television spot, stating that the communication was a paid advertisement and giving the identification of the person, principal campaign committee or other political committee that paid for or otherwise authorized such...

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