Meetings
 
Agenda Item
Docket No. 11-1331
 
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RE:
Advisory opinion regarding whether individual family members of a candidate may individually contribute the maximum contribution to a campaign where the family members also own a partnership and the partnership wants to make a contribution to the same campaign.
Facts:
Gwen Cart, accountant for Darnall, Sikes, Gardes & Frederick, had two questions that she would like answered regarding contributions made by family members of a candidate and partnerships owned by family members of the candidate. She asked whether:

1) the siblings of a candidate may personally contribute the maximum contribution to the candidate's campaign and a partnership owned by siblings of a candidate can each contribute the maximum contribution?

2) two partnerships, that have their own employment identification numbers, owned by the same family members of the candidate, can contribute to the candidate's campaign?

Law:
Contribution limits are per person per contribution. "Person" is defined as any individual, partnership, limited liability company or corporation, association, labor union, political committee, corporation or other legal entity, including their subsidiaries.

The Board has recognized that sub-S corporations have a different tax status and in a previous opinion concluded that a sub-S corporation cannot be distinguished from its individual owner for purposes of the limits.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2011-1331
2011-1331- Advisory Opinion Request