Opinion No. (2002)

BILL LOCKYER Attorney General MARJORIE E. COX Deputy Attorney General THE HONORABLE TONY RACKAUCKAS, DISTRICT ATTORNEY, COUNTY OF ORANGE, has requested an opinion on the following question: May a county ordinance prohibit the transfer of funds into a county candidate or elective county officer's campaign committee from any other campaign committee controlled by a candidate? CONCLUSION A county ordinance may prohibit the transfer of funds into a county candidate's or elective county officer's campaign committee from any other campaign committee controlled by a candidate but only with respect to transfers from one candidate to another and only in order to avoid "funneling" where a valid contribution limit is in place. ANALYSIS In 1992, the voters of Orange County adopted an ordinance that contained the following campaign finance provision: "No funds may be transferred into any County candidate or elective County officer's campaign committee from any other campaign committee controlled by a candidate." The question presented for resolution is whether this provision is constitutional. We conclude that it is constitutional in limited circumstances. 1 By use of the indefinite article…