Alabama Campaign Finance Law BY EDWARD A. HOSP
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here are no campaign finance laws in the State of Alabama. That statement may sound like hyperbole, and perhaps it is slightly overstated. To be sure, there exists an entire chapter in the Code of Alabama, titled “The Fair Campaign Practices Act,” that purports to regulate issues related to campaign finance. Additionally, there are code sections or provisions elsewhere in Alabama law, such as in Title 10, and in the Ethics Act (Chapter 25 of Title 36), that make reference to campaign finance. However, to the extent that campaign finance laws are conceptualized as restrictions on the amount of money that can be donated and spent, or concrete requirements to disclose contributions in a manner that allows the general public to know who is supporting a particular candidate, such laws do not exist in Alabama today. Perhaps stated more accurately, the campaign finance laws that do exist are so riddled with holes—some intentional, others no doubt unintended—that they are effectively meaningless. As a result, under current Alabama law, any entity, whether an individual, a political action committee or a
corporation, can legally give any amount of money to any candidate in a manner that makes it nearly impossible to trace. While this system certainly has its critics, a strong argument can be made that in taking a minimalist approach to campaign finance regulation, Alabama adheres faithfully to the dictates of the First Amendment. And while calls for reform are common, and some opinion polls indicate the public would welcome change, the voters have not demonstrated that this is an issue on which they demand change. Numerous measures have been introduced in the legislature over the past several years–without success, and the failure to address these issues has not resulted in any adverse consequences from the voters. This article sets forth a basic summary of Alabama’s current campaign finance laws and the requirements those laws impose on individuals, candidates, PACs and corporations. The article also examines the various interpretations of those laws and the results that those interpretations have had on campaign finance in Alabama. T H E A L A B A M A L AW Y E R
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