2007-07-16 - WRITTEN OPINIONS

2007-07-16. WRITTEN OPINIONS

GARY O. BART LETT

Executive Director

MAILING ADDRESS:

P.O. BOX 27255

RALEIGH, NC 27611-7255

July 16, 2007

Mr. John Wallace

Wallace, Nordan & Sarda, L.L.P.

Post Office Box 12065

Raleigh, North Carolina 27605

Re: Request of the Hevvett for Sheriff Committee Pursuant to N.C.G.S. § 163-278.23

Dear Mr. Wallace:

1 am in receipt of your letter dated June 29, 2007, in which you request an advisory opinion in behaif of your client, the Committee to Elect Ronald E. Hewett, and Deborah Jsenhour, Treasurer. According to your letter, Sheriff Hewett would like to use his Committee funds to make expenditures for legal counsel and related costs in connection with inquiries made by the United States Attorney of the Eastern District of North Carolina. You indicate that these inquiries are related to Sheriff Hewett's candidacy and matters arising from his holding of public office.

Effective October 1, 2006, candidates must comply with the provisions of N.C.G.S. § 163-278.16B, when making campaign expenditures. Specifically, the statute provides eight permissible purposes for which a candidate or the candidate campaign committee can use contributions. The first two purposes provide for expenditures resulting from the campaign for public office by the candidate or the candidate's campaign committee and expenditures resulting from holding public office. Based on the information provided in your letter, the expenditures for legal counsel and related costs are either a result of campaigning for public office or as a result of holding public office. Therefore, expenditures from the campaign would be permissible for these purposes. If the inquiries are not a result of activities related to Sheriff Hewett's candidacy for public office or his holding of public office, the expenditures would not be permitted.

This opinion is based upon the information provided in your letter of June 29, 2007. If the information should change, you should evaluate whether this opinion is still applicable and binding. Finally, this opinion will be filed with the Codifier of Rules to be published unedited in the North Carolina Register and the North Carolina Administrative Code.

Sincerely,

North Carolina Register Volume 29, Issue 09, November 3, 2014

Gary O. Bartlett

cc: Julian Mann, III, Codifier of Rules

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