Wyss, 080511 INAGO, AGO 2011-6

• Case Date: August 05, 2011
• Court: Indiana

The Honorable Thomas J. Wyss AGO 2011-6 Official Opinion No. 2011-6 Indiana Attorney General Opinion August 5, 2011          The Honorable Thomas J. Wyss          Indiana State Senate          200 W. Washington St.          Indianapolis, IN 46204          RE: Proposed City Ordinance in Fort Wayne          Dear Senator Wyss:          In your letter of July 14, 2011, you requested an opinion concerning the validity of a proposed city ordinance (Bill No. G-11-07-11) being considered by the Fort Wayne Common Council. The proposed ordinance would prohibit a city contractor from making political contributions to candidates or office holders.          BRIEF ANSWER          The proposed ordinance, if enacted by the City of Fort Wayne, would be invalid as an attempt to regulate, without specific statutory authority, conduct which is regulated by a state agency.          ANALYSIS          Bill No. G-11-07-11 prohibits a city contractor from making a political contribution of any amount to a candidate or holder of any elected city office or their respective political fundraising committees. The restriction on making contributions also extends to the owner of a city contractor, spouse or domestic partner of the owner of a city contractor, subcontractor of any city contractor, owner of any subcontractor of any city contractor, and the spouse or domestic partner of any owner of any subcontractor of any city contractor. The term “contribution” is defined in the ordinance to mean “any gift, subscription, loan, advance, deposit of money, allotment of money, or anything of value given or transferred by one person to another, including in cash, by check, by draft, through a payroll deduction or allotment plan, by pledge or promise, whether or not enforceable, or otherwise, for purposes of influencing in any way the outcome of any election.” (Emphasis added.) The definition of “contribution” also references Ind. Code Chpt. 3-9-5 which is a chapter within the Indiana election code concerning campaign contributions and reports required of candidates and committees. ...