Request By:
Mr. Charles Beach, Jr.
Chairman
Kentucky Registry of Election Finance
1604 Louisville Road
Frankfort, Kentucky 40601
Opinion
Opinion By: David L. Armstrong, Attorney General
This is in response to your recent letter in which you, on behalf of the Kentucky Registry of Election Finance, seek an opinion as to whether or not the county executive committees of the two major political parties are required under KRS Ch. 121 to "register" with the Registry. You further relate that up to the present time they have not been doing so. You also enclose a copy of an opinion issued by Mr. Allen Prewitt, the Registry's contract attorney, who takes the position that these committees are required to register with your agency.
After reviewing the provisions of the corrupt practice act, we have concluded that it was not the intent of the Legislature to require such committees to register with the Registry pursuant to KRS 121.170. It is true that KRS 121.015(3)(d) defines the term "committee" as used in the corrupt practice act to include an executive committee of a political party. Also, it is true that KRS 121.180(1) requires the filing of financial reports by state and county executive committees. However, KRS 121.170 governing the registration of committees clearly states that it applies to those committees organized under the provisions of this chapter.
The corrupt practice act is designed to require the regulation of committees established by or on behalf of a candidate or candidates to receive and expend campaign contributions to support or defeat a candidate or candidates in a particular election. On the other hand, county executive committees of the major parties are not organized under the provisions of the corrupt practice act, but are established by the Democratic and Republican party rules as the governing body of the parties in each county with such powers and duties as are given them by the two state executive committees. Thus these county executive committees are not organized under KRS Ch. 121 and are not organized for the purpose of receiving and expending campaign funds for the election of particular candidates to public office.
We, therefore, do not believe that the act as presently written was intended to embrace the major party committees organized pursuant to party rules. This conclusion is also supported somewhat by the requirements of KRS 121.230 dealing with the use of funds allocated for party use by individual taxpayers on their income tax returns. This statute, effective January 1, 1983, requires each state or local governing authority of a political party to which you refer to file special reports with the Registry concerning the expenditure of these specially designated funds, and also requires the Registry to audit the accounts and records of receipts and expenditures of such funds as remitted to each state and local governing authority. Thus the requirements of this act are separate and distinct from the general reporting requirements under KRS 121.180, and strongly imply an intent on the part of the Legislature to deal separately with these committees. You will also note that this statute is the only provision in KRS Ch. 121 that specifically refers to state and local governing authorities of the major political parties.
In view of the above, it is our opinion that unless or until the state Legislature specifically requires the local governing authority of each political party to register as a campaign committee by amending and clarifying not only the definition section but also the provisions of KRS 121.170, we are of the opinion that these local governing authorities of the major parties are not required to register with your agency as campaign committees pursuant to KRS 121.170.