AGO 1996-120.

• Case Date: February 01, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-120. 1996-120February 1, 1996Honorable Jim Bennett Secretary of State P.O. Box 5616 Montgomery, AL 36103 Fair Campaign Practices Act - Ethics Law - Legislation Code of Alabama 1975, § 36-25-6(a), a provision of the Ethics Law, does not repeal or supersede Code of Alabama 1975, § 17-22A-7(b) of the Fair Campaign Practices Act. Both provisions are to be applied to candidates for state office. Money or any other thing of value received by a candidate, principal campaign committee or other political committee, either before or after an election, must be reported under FCPA.Dear Mr. Bennett: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Does Code of Alabama 1975, § 36-25-6 (a), a provision of the Ethics Law, repeal or supersede Code of Alabama 1975, § 17-22A-7 (b) of the Fair Campaign Practices Act? FACTS AND ANALYSIS The Alabama Ethics Law was extensively amended during the 1995 legislative session by Act No. 95-194. One of the provisions of the act, codified at Code of Alabama 1975, § 36-25-6(a), relates to the period of time when candidates may solicit or accept campaign contributions. Questions have now arisen as to whether this provision repeals or supersedes a provision of the Fair Campaign Practices Act (FCPA) which prohibits solicitation or acceptance of campaign contributions by candidates for state offices when the Legislature is convened in session. Section 36-25-6 (a) states: "(a) Notwithstanding any other provision of law, including but not limited to Sections 17-22A-1 to 17-22A-23, inclusive, and 13A-10-61, a candidate, public official, or principal campaign committee, as defined in Section 17-22A-2, may only accept, solicit, or receive contributions, as defined in Section 17-22A, to influence the outcome of an election; in addition, a candidate, public official, or principal campaign committee may not accept, solicit or receive contributions more than 12 months before an election in which the person intends to be a candidate. The candidate may also solicit contributions for a period of 120 days after the election in which the person was a candidate, but only to the extent of any campaign debt of the candidate or the principal campaign committee of the candidate as indicated on campaign financial...