ROANOKE TIMES Copyright (c) 1996, Roanoke Times DATE: Thursday, August 15, 1996 TAG: 9608150061 SECTION: VIRGINIA PAGE: C-1 EDITION: METRO DATELINE: RICHMOND SOURCE: Associated Press
The state attorney general's office Wednesday declined a Democratic lawmaker's request that it look into whether the Christian Coalition's activities comply with state election laws.
Attorney General Jim Gilmore's office said a week ago that it would study the legality of the organization's involvement in state and local elections in response to a request from Fairfax Sen. Joseph Gartlan.
But in a letter to Gartlan, Chief Deputy Attorney General David Anderson said the office cannot render an opinion because it is involved in a lawsuit on similar issues. In that case in federal court in Roanoke, the anti-abortion group Virginia Society for Human Life is challenging the constitutionality of state law that requires political committees to disclose their finances and activities.
``This office does not issue formal opinions on legal issues which are pending before a court that will decide those issues in a case,'' Anderson wrote.
Gartlan said he would ask Gilmore's office to reconsider its response.
``The chief deputy who wrote this letter is way off the mark in declining to opine based on the litigation out in Roanoke,'' Gartlan said in a telephone interview with The Associated Press on Wednesday night. ``It's an apples and oranges comparison on his part.''
The Roanoke case deals with constitutionality, Gartlan said, while his request seeks Gilmore's position on whether a hypothetical group whose conduct Gartlan described would be required to register and report receipts.
The issues raised by his request parallel the complaints lodged in a lawsuit filed two weeks ago by the Federal Election Commission, which alleged the Christian Coalition illegally coordinated campaign activities with GOP candidates. The group distributes voter guides, operates phone banks and conducts polls but does not endorse candidates.
Much like federal law, the state code in Virginia requires political committees to disclose their activities, expenses, sources of revenue and contributions to candidates. The Christian Coalition and other grass-roots advocacy groups have argued that they do not fall under those rules because they are nonpartisan.
Gilmore, a Republican, is the likely GOP nominee for governor next year. The Christian Coalition's founder, Pat Robertson, attended a fund-raiser for Gilmore this year.
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