Opinion No. (2005)

BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General THE HONORABLE BENJAMIN DE MAYO, COUNTY COUNSEL, COUNTY OF ORANGE, has requested an opinion on the following question: May a county ordinance that sets a campaign contribution limit for county elective offices require that contributions made by a husband and wife be aggregated for purposes of the limit? CONCLUSION A county ordinance that sets a campaign contribution limit for county elective offices may not require that contributions made by a husband and wife be aggregated for purposes of the limit. ANALYSIS A county has established a $1,400 limit upon individual contributions to county office election campaigns. The county ordinance states: No person shall make to any candidate for County elective office or the controlled committee of such a candidate, and no such candidate or committee shall accept from any such person, a contribution or contributions totaling more than one thousand four hundred dollars ($1,400.00) for each of the following elections for which the person is a candidate; a primary election, a special election, or a general (runoff) election. For purposes of the $1,400 contribution limit, the…