Request By:
Mr. David A. Ives
Law Department
The LTV Corporation
LTV Tower
P.O. Box 225003
Dallas, Texas 75265
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of September 12 in which you request an opinion concerning the following:
"May a business corporation allow candidates for state/local office to appear at its premises to meet and address employees as part of an educational program to encourage employee participation in the political process, provided that all candidates for the office are allowed to appear under substantially similar circumstances (although not necessarily at the same time) and provided that the company does not express support of one candidate or party over another candidate or party?"
Our response to the above question would be in the affirmative. Section 150 of the Kentucky Constitution and KRS 121.025 prohibit corporations or their offices or agents on their behalf, from contributing, either directly or indirectly, money, services or other things of value toward the nomination or election of any state, city, county or district officer. Referring to the case of
Kentucky Registry of Election Finance v. Kentucky Bar Association, Ky.App. 579 S.W.2d 622 (1978), we find where the court had before it a question involving the legality of the Bar Association's publication of the results of its judicial qualification poll by paid newspaper advertisement.
The court declared that there was no violation of § 150 of the Constitution or KRS 121.025, previously referred to, and stated that:
"The purpose of both the constitutional and statutory provisions appear to be for the prevention of the exertion of unwarranted and perhaps unwholesome influence over political affairs by corporations formed for profit. . . ."
The court thus concluded that the activity of the Louisville Bar Association clearly did not fall within the conduct sought to be avoided by the referred to sections.
Under the circumstances, we would be of the opinion that the business corporation to which you refer would not be in violation of the Constitution or the referred to section of the Corrupt Practices Act were it to invite all candidates for state and local office to appear at the corporation's premises to meet and address its employees as a part of an educational program and to encourage participation in the coming election, provided all candidates are treated alike as far as being given the opportunity to appear before the election and provided the company does not attempt to influence its employees to support one candidate or party over another.