Rules & Regulations of the State of Tennessee
Title 0530 - Registry of Election Finance
Chapter 0530-01-01 - Campaign Financial Disclosure Rules
Section 0530-01-01-.14 - ISSUANCE OF ADVISORY OPINIONS BY THE REGISTRY

(1) A candidate may submit to the Registry a written request for an advisory opinion as to the application of the Campaign Financial Disclosure Law. In submitting such a request, the candidate shall include a complete description of all facts relevant to the specific transaction or activity which is the subject of the opinion request.

(2) After reviewing a candidate's request for an advisory opinion and if the Registry staff determines that more information from the candidate is necessary in order for the Registry to properly respond to the request, the staff shall notify the candidate of the additional information which should be submitted to the Registry.

(3) If the Registry staff determines that an advisory opinion request contains a complete description of the proposed transaction or activity, the staff shall notify the candidate making the request that it was received by the Registry and that the matter shall be presented by the staff to the board at its next scheduled meeting for an advisory opinion to be issued.

(4) After reviewing a candidate's advisory opinion request and upon determining that the request presents essentially the same fact situation or proposed activity which was the subject of an advisory opinion previously issued by the Registry, the staff may recommend to the board at its next regularly scheduled meeting that a copy of that earlier opinion be sent to the candidate, in lieu of issuing a new opinion. If a majority of the members of the Registry present and voting at the meeting vote to adopt the staff's recommendation, a copy of the previous opinion shall be mailed to the candidate with a memorandum explaining that the analysis and conclusion(s) contained in that previous opinion are applicable to the activity being proposed by the candidate. However, if a majority of the members present and voting at the meeting determine that a new advisory opinion should be issued addressing the candidate's opinion request, the procedures outlined in paragraph 5 through 8 of this rule shall be followed in issuing the opinion, where applicable.

(5) The Registry staff shall review the question presented in the candidate's request and research the applicable provisions of the Campaign Disclosure Law. A draft of an advisory opinion shall be presented to the members of the Registry at the board's next meeting, with a recommendation from the staff. After reviewing the draft, the members of the Registry present at the meeting shall then vote as to whether to issue the opinion as drafted.

(6) If a majority of the members of the Registry present and voting at a meeting vote to issue an advisory opinion as drafted by the staff, the advisory opinion shall be issued under the signature of the chairperson. The opinion shall be provided to the candidate who requested it. Additionally, the Executive Director shall forward copies of the opinion to the office of Legislative Legal Services and to all local county election commission offices for dissemination. A copy of the opinion shall be retained on file at the Registry office for public inspection and copying.

(7) If a majority of the members of the Registry present and voting at a meeting vote not to adopt an opinion as drafted, any board recommended changes shall be made in the opinion by the staff. If the changes voted by the board are minor changes, the staff shall be directed to make those specific changes, and the opinion shall be issued under the signature of the chairperson without further review by the board. The procedures for disseminating the advisory opinion as set forth in paragraph (6) shall then be followed.

(8) If a majority of the Registry members present and voting at a meeting vote changes to be made to a draft advisory opinion which require the staff to rewrite the opinion with a different result, the Executive Director shall resent another draft of the opinion to the board members at the next scheduled meeting of the Registry.