The Alabama Secretary of State yesterday asked the Attorney General to investigate the Alabama Foundation for Limited Government (AFLG) — which is widely believed to be little more than a front group for the Alabama Education Association (AEA) — for potentially breaking state campaign finance laws.
Nonprofit groups like AFLG are permitted to run educational ads and engage in issue advocacy without disclosing their donors, but are prohibited from “electioneering,” which includes promoting or attacking a specific candidate by name or displaying their likeness in an ad.
According to the Associated Press, “state law requires nonprofit organizations to disclose their donors to the secretary of state’s office if they run ads 120 days before an election that contain the name or image of a candidate and are designed to influence the outcome of an election.” The AP noted that AFLG’s ads do, indeed, display pictures and names of candidates. Perhaps most notably, they have sent mailers into House and Senate districts around the state attacking Republicans by name with their pictures prominently displayed.
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Ala. Senate President Pro Tem Del Marsh recently sent a letter to Ala. Secretary of State Jim Bennett — the state’s top election official — asking him to review AFLG’s ads to see if they violate the law. Bennet wrote back that he agreed with Marsh that they may be engaged in electioneering, but said that determination will ultimately lie with the attorney general.
“It seems to be coloring outside the lines when you have a nonprofit acting like a political action committee, but that will be up to the attorney general,” Bennett said.
Bennett sent the complaint to Attorney General Luther Strange, whose office holds the power to enforce the law with regard to campaign finance violations.
Bennett’s appeal to the AG is not the first time a senior Republican official has asked for action to be taken against AFLG in recent weeks.
Alabama Republican Party Chairman Bill Armistead last week pointed out that the Foundation had not registered as a political action committee or disclosed its contributors, but has been running negative political ads on television, through direct mail, and has conducted at least one robocall, all containing names or images of candidates for public office.
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“The Alabama Foundation for Limited Government is skirting state campaign finance laws by establishing itself as a non-profit while blatantly attempting to influence the outcome of elections,” Armistead said. “And they haven’t reported a dime. Not only could this be a violation of state law, it’s a shameful attempt to mislead Alabama voters.”
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