1 | 1 | | 24 LC 47 2907 |
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2 | 2 | | Senate Bill 528 |
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3 | 3 | | By: Senators Williams of the 25th and Harbin of the 16th |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to |
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7 | 7 | | 1 |
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8 | 8 | | government transparency and campaign finance, so as to provide that the State Ethics2 |
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9 | 9 | | Commission shall not accept or reject complaints made against candidates 60 days prior to3 |
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10 | 10 | | an election; to provide that campaign and personal finance disclosure reports for local elected4 |
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11 | 11 | | officials shall be filed with the commission instead of locally; to provide uniform reporting5 |
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12 | 12 | | dates for campaigns for all levels of office; to remove registration requirements for6 |
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13 | 13 | | individuals who contribute $25,000.00 or less directly to candidates or campaign committees7 |
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14 | 14 | | in a calendar year; to provide for registration of certain political action committees; to require8 |
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15 | 15 | | certain political action committees to maintain bank accounts; to provide disclosure reporting9 |
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16 | 16 | | requirements for certain political action committees; to revise and make more uniform10 |
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17 | 17 | | reporting dates for personal financial disclosure statements for office holders and candidates;11 |
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18 | 18 | | to revise provisions related to reporting income on personal financial disclosure statements12 |
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19 | 19 | | for office holders and candidates; to provide that the commission shall not publicly release13 |
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20 | 20 | | home address information in its possession; to revise lobbyist reporting requirements to make 14 |
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21 | 21 | | the reporting dates for such requirements more uniform; to increase the expenditure cap on15 |
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22 | 22 | | lobbyists; to provide for related matters; to repeal conflicting laws; and for other purposes.16 |
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23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 |
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24 | 24 | | S. B. 528 |
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25 | 25 | | - 1 - 24 LC 47 2907 |
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26 | 26 | | SECTION 1. |
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27 | 27 | | 18 |
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28 | 28 | | Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government19 |
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29 | 29 | | transparency and campaign finance, is amended by revising Code Section 21-5-7, relating20 |
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30 | 30 | | to initiation of complaints, as follows:21 |
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31 | 31 | | "21-5-7.22 |
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32 | 32 | | (a) |
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33 | 33 | | The commission shall not initiate any investigation or inquiry into any matter under its23 |
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34 | 34 | | jurisdiction based upon the complaint of any person, including a staff attorney employed24 |
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35 | 35 | | by the commission, unless that person or staff attorney shall produce the same in writing25 |
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36 | 36 | | and verify the same under oath to the best information, knowledge, and belief of such26 |
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37 | 37 | | person, the falsification of which shall be punishable as false swearing under Code27 |
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38 | 38 | | Section 16-10-71.28 |
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39 | 39 | | (b) The person against whom any complaint is made shall be furnished by hand delivery29 |
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40 | 40 | | or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy30 |
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41 | 41 | | of the complaint by the commission within two business days of the commission's receipt31 |
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42 | 42 | | of such complaint and prior to any other public dissemination of such complaint.32 |
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43 | 43 | | (c) The commission shall not accept or reject a complaint made, nor issue a complaint on33 |
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44 | 44 | | its own cognizance, against a candidate in the 60 days immediately prior to an election in34 |
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45 | 45 | | which such candidate is seeking nomination for election or election."35 |
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46 | 46 | | SECTION 2.36 |
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47 | 47 | | Said chapter is further amended by revising Code Section 21-5-34, relating to campaign37 |
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48 | 48 | | disclosure reports, as follows:38 |
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49 | 49 | | "21-5-34.39 |
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50 | 50 | | (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee40 |
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51 | 51 | | organized to bring about the nomination or election of a candidate for any office and41 |
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52 | 52 | | the chairperson or treasurer of every campaign committee designed to bring about the42 |
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53 | 53 | | recall of a public officer or to oppose the recall of a public officer or designed to bring43 |
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54 | 54 | | S. B. 528 |
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55 | 55 | | - 2 - 24 LC 47 2907 |
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56 | 56 | | about the approval or rejection by the voters of any proposed constitutional amendment, |
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57 | 57 | | 44 |
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58 | 58 | | state-wide proposed question, or state-wide referendum shall electronically sign and file45 |
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59 | 59 | | with the commission the required campaign contribution disclosure reports; provided, |
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60 | 60 | | 46 |
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61 | 61 | | however, that public offices listed in subparagraph (F) or (G) of paragraph (22) of Code47 |
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62 | 62 | | Section 21-5-3 shall be subject to signing and filing requirements as prescribed by48 |
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63 | 63 | | paragraph (3) or (4) of this subsection, and recalls for such offices shall be subject to49 |
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64 | 64 | | signing and filing requirements the same as required of candidates for such offices as50 |
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65 | 65 | | prescribed by paragraph (3) or (4) of this subsection.51 |
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66 | 66 | | (B) The chairperson or treasurer of each independent committee shall file the required52 |
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67 | 67 | | disclosure reports with the commission.53 |
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68 | 68 | | (2)(A) Any campaign committee which accepts contributions or makes expenditures54 |
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69 | 69 | | designed to bring about the approval or rejection by the voters of any proposed question55 |
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70 | 70 | | which is to appear on the ballot in this state shall register with the commission and file56 |
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71 | 71 | | campaign contribution disclosure reports as prescribed by this chapter or, in the case57 |
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72 | 72 | | of any proposed question which is to appear on the ballot in a county or municipal58 |
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73 | 73 | | election, shall register and file campaign disclosure reports with the same officials as59 |
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74 | 74 | | prescribed by paragraph (3) or (4) of this subsection for candidates for county or60 |
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75 | 75 | | municipal offices; provided, however, that such reports shall only be required if such61 |
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76 | 76 | | campaign committee has received contributions which total more than $500.00 or if62 |
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77 | 77 | | such campaign committee has made expenditures which total more than $500.00. All63 |
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78 | 78 | | advertising pertaining to referendums shall identify the principal officer of such64 |
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79 | 79 | | campaign committee by listing or stating the name and title of the principal officer.65 |
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80 | 80 | | (B) If a campaign committee is required to file a report with the commission under66 |
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81 | 81 | | subparagraph (A) of this paragraph, such report shall be electronically filed. Any such67 |
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82 | 82 | | report shall be filed 15 days prior to the date of the election; and a final report shall be68 |
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83 | 83 | | filed prior to December 31 of the election year.69 |
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84 | 84 | | S. B. 528 |
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85 | 85 | | - 3 - 24 LC 47 2907 |
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86 | 86 | | (3) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code70 |
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87 | 87 | | Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee71 |
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88 | 88 | | shall sign and file the required disclosure reports with the election superintendent in the72 |
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89 | 89 | | county of election. Upon receipt of any such report, the election superintendent shall73 |
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90 | 90 | | cause such report to be available for inspection and copying in accordance with Article74 |
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91 | 91 | | 4 of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each75 |
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92 | 92 | | such report to the commission, electronically by eFiling or eFax, not later than 30 days76 |
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93 | 93 | | after the end of the grace period. No fine, fee, or sanction, including but not limited to77 |
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94 | 94 | | identifying a candidate as having filed late or failed to file, shall be imposed by the78 |
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95 | 95 | | commission on a candidate for the failure of the election superintendent to timely79 |
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96 | 96 | | transmit a copy of such report. The commission is authorized to impose civil penalties80 |
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97 | 97 | | pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6 against an election81 |
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98 | 98 | | superintendent who fails to properly transmit a copy of each such report, upon finding82 |
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99 | 99 | | that said superintendent willfully failed to comply with the provisions of this chapter.83 |
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100 | 100 | | (4) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code84 |
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101 | 101 | | Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee85 |
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102 | 102 | | shall sign and file the required disclosure reports with the municipal clerk in the86 |
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103 | 103 | | municipality of election or, if there is no clerk, with the chief executive officer of the87 |
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104 | 104 | | municipality; provided, however, that a municipality and a county may enter into an88 |
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105 | 105 | | agreement whereby such candidates, chairpersons, or treasurers shall file the required89 |
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106 | 106 | | disclosure reports with the county election superintendent instead. Upon receipt of any90 |
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107 | 107 | | such report, the municipal clerk, chief executive officer of the municipality, or county91 |
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108 | 108 | | election superintendent, as applicable, shall cause such report to be available for92 |
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109 | 109 | | inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The93 |
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110 | 110 | | municipal clerk, chief executive officer of the municipality, or county election94 |
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111 | 111 | | superintendent, as applicable, shall transmit a copy of each such report to the95 |
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112 | 112 | | commission, electronically by eFiling or eFax, not later than 30 days after the end of the96 |
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113 | 113 | | S. B. 528 |
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114 | 114 | | - 4 - 24 LC 47 2907 |
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115 | 115 | | grace period. No fine, fee, or sanction, including but not limited to identifying a97 |
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116 | 116 | | candidate as having filed late or failed to file, shall be imposed by the commission on a98 |
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117 | 117 | | candidate for the failure of the municipal clerk, chief executive officer of the county, or99 |
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118 | 118 | | county election superintendent to timely transmit a copy of such report. The commission100 |
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119 | 119 | | is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code101 |
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120 | 120 | | Section 21-5-6 against a municipal clerk, chief executive officer of the county, or county102 |
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121 | 121 | | election superintendent who fails to properly transmit a copy of each such report, upon103 |
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122 | 122 | | finding that said municipal clerk, chief executive officer of the county, or county election104 |
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123 | 123 | | superintendent willfully failed to comply with the provisions of this chapter.105 |
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124 | 124 | | (a.1)(1) Notwithstanding the provisions of subsection (a) of this Code section providing106 |
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125 | 125 | | for signing and filing with the commission to the contrary, public offices listed in107 |
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126 | 126 | | subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 shall be subject to the108 |
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127 | 127 | | following signing and filing requirements until December 31, 2025:109 |
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128 | 128 | | (A) A candidate for a public office listed in subparagraph (F) of paragraph (22) of110 |
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129 | 129 | | Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign111 |
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130 | 130 | | committee shall sign and file the required disclosure reports with the election112 |
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131 | 131 | | superintendent in the county of election. Upon receipt of any such report, the election113 |
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132 | 132 | | superintendent shall cause such report to be available for inspection and copying in114 |
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133 | 133 | | accordance with Article 4 of Chapter 18 of Title 50. The election superintendent shall115 |
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134 | 134 | | transmit a copy of each such report to the commission, electronically by eFiling or116 |
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135 | 135 | | eFax, not later than 30 days after the end of the grace period. No fine, fee, or sanction,117 |
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136 | 136 | | including but not limited to identifying a candidate as having filed late or failed to file,118 |
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137 | 137 | | shall be imposed by the commission on a candidate for the failure of the election119 |
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138 | 138 | | superintendent to timely transmit a copy of such report. The commission is authorized120 |
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139 | 139 | | to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6121 |
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140 | 140 | | against an election superintendent who fails to properly transmit a copy of each such122 |
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141 | 141 | | S. B. 528 |
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142 | 142 | | - 5 - 24 LC 47 2907 |
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143 | 143 | | report, upon finding that said superintendent willfully failed to comply with the123 |
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144 | 144 | | provisions of this chapter; or124 |
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145 | 145 | | (B) A candidate for a public office listed in subparagraph (G) of paragraph (22) of125 |
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146 | 146 | | Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign126 |
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147 | 147 | | committee shall sign and file the required disclosure reports with the municipal clerk127 |
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148 | 148 | | in the municipality of election or, if there is no clerk, with the chief executive officer128 |
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149 | 149 | | of the municipality; provided, however, that a municipality and a county may enter into129 |
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150 | 150 | | an agreement whereby such candidates, chairpersons, or treasurers shall file the130 |
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151 | 151 | | required disclosure reports with the county election superintendent instead. Upon131 |
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152 | 152 | | receipt of any such report, the municipal clerk, chief executive officer of the132 |
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153 | 153 | | municipality, or county election superintendent, as applicable, shall cause such report133 |
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154 | 154 | | to be available for inspection and copying in accordance with Article 4 of Chapter 18134 |
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155 | 155 | | of Title 50. The municipal clerk, chief executive officer of the municipality, or county135 |
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156 | 156 | | election superintendent, as applicable, shall transmit a copy of each such report to the136 |
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157 | 157 | | commission, electronically by eFiling or eFax, not later than 30 days after the end of137 |
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158 | 158 | | the grace period. No fine, fee, or sanction, including but not limited to identifying a138 |
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159 | 159 | | candidate as having filed late or failed to file, shall be imposed by the commission on139 |
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160 | 160 | | a candidate for the failure of the municipal clerk, chief executive officer of the county,140 |
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161 | 161 | | or county election superintendent to timely transmit a copy of such report. The141 |
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162 | 162 | | commission is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C)142 |
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163 | 163 | | of Code Section 21-5-6 against a municipal clerk, chief executive officer of the county,143 |
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164 | 164 | | or county election superintendent who fails to properly transmit a copy of each such144 |
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165 | 165 | | report, upon finding that said municipal clerk, chief executive officer of the county, or145 |
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166 | 166 | | county election superintendent willfully failed to comply with the provisions of this146 |
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167 | 167 | | chapter.147 |
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168 | 168 | | (2) This subsection shall stand repealed on December 31, 2025.148 |
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169 | 169 | | (b)(1) All reports shall list the following:149 |
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170 | 170 | | S. B. 528 |
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171 | 171 | | - 6 - 24 LC 47 2907 |
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172 | 172 | | (A) As to any contribution of more than $100.00, its amount and date of receipt, the |
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173 | 173 | | 150 |
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174 | 174 | | election for which the contribution has been accepted and allocated, along with the151 |
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175 | 175 | | name and mailing address of the contributor, and, if the contributor is an individual, that152 |
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176 | 176 | | individual's occupation and the name of his or her employer. Such contributions shall153 |
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177 | 177 | | include, but shall not be limited to, the purchase of tickets for events such as dinners,154 |
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178 | 178 | | luncheons, rallies, and similar fund-raising events coordinated for the purpose of raising155 |
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179 | 179 | | campaign contributions for the reporting person;156 |
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180 | 180 | | (B) As to any expenditure of more than $100.00, its amount and date of expenditure,157 |
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181 | 181 | | the name and mailing address of the recipient receiving the expenditure, and, if that158 |
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182 | 182 | | recipient is an individual, that individual's occupation and the name of his or her159 |
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183 | 183 | | employer and the general purpose of the expenditure;160 |
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184 | 184 | | (C) When a contribution consists of a loan, advance, or other extension of credit, the161 |
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185 | 185 | | report shall also contain the name of the lending institution or party making the advance162 |
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186 | 186 | | or extension of credit and the names, mailing addresses, occupations, and places of163 |
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187 | 187 | | employment of all persons having any liability for repayment of the loan, advance, or164 |
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188 | 188 | | extension of credit; and, if any such persons shall have a fiduciary relationship to the165 |
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189 | 189 | | lending institution or party making the advance or extension of credit, the report shall166 |
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190 | 190 | | specify such relationship;167 |
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191 | 191 | | (D) Total contributions received and total expenditures shall be reported for an election168 |
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192 | 192 | | cycle as follows:169 |
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193 | 193 | | (i) The first report filed after an election year shall list the cash on hand brought170 |
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194 | 194 | | forward from the previous election cycle, if any, and the total contributions received171 |
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195 | 195 | | during the period covered by the report;172 |
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196 | 196 | | (ii) Subsequent reports shall list the total contributions received during the period173 |
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197 | 197 | | covered by the report and the cumulative total of contributions received during the174 |
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198 | 198 | | election cycle;175 |
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199 | 199 | | S. B. 528 |
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200 | 200 | | - 7 - 24 LC 47 2907 |
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201 | 201 | | (iii) The first report filed after an election year shall list the total expenditures made |
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202 | 202 | | 176 |
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203 | 203 | | during the period covered by the report;177 |
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204 | 204 | | (iv) Subsequent reports shall list the total expenditures made during the period178 |
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205 | 205 | | covered by the report, the cumulative total of expenditures made during the election179 |
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206 | 206 | | cycle, and net balance on hand; and180 |
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207 | 207 | | (v) If a public officer seeks reelection to the same public office, or if the public181 |
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208 | 208 | | officer is a member of the General Assembly seeking reelection in another district as182 |
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209 | 209 | | a result of redistricting, the net balance on hand at the end of the current election cycle183 |
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210 | 210 | | shall be carried forward to the first report filed after the election year;184 |
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211 | 211 | | (E) The corporate, labor union, or other affiliation of any political action committee or185 |
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212 | 212 | | independent committee making a contribution of more than $100.00;186 |
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213 | 213 | | (F) Any investment made with funds of a campaign committee, independent187 |
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214 | 214 | | committee, or political action committee and held outside such committee's official188 |
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215 | 215 | | depository account during each reporting period for which an investment exists or a189 |
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216 | 216 | | transaction applying to an identifiable investment is made. The report shall identify the190 |
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217 | 217 | | name of the entity or person with whom such investment was made, the initial and any191 |
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218 | 218 | | subsequent amount of such investment if such investment was made during the192 |
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219 | 219 | | reporting period, and any profit or loss from the sale of such investment which occurred193 |
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220 | 220 | | during such reporting period; and194 |
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221 | 221 | | (G) Total debt owed on the last day of the reporting period.195 |
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222 | 222 | | (2) Each report shall be in such form as will allow for the separate identification of a196 |
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223 | 223 | | contribution or contributions which are less than $100.00 but which become reportable197 |
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224 | 224 | | due to the receipt of an additional contribution or contributions which when combined198 |
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225 | 225 | | with such previously received contribution or contributions cumulatively equal or199 |
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226 | 226 | | exceed $100.00.200 |
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227 | 227 | | (c) Candidates or campaign committees which accept contributions, make expenditures201 |
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228 | 228 | | designed to bring about the nomination or election of a candidate, or have filed a202 |
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229 | 229 | | S. B. 528 |
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230 | 230 | | - 8 - 24 LC 47 2907 |
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231 | 231 | | declaration of intention to accept campaign contributions pursuant to subsection (g) of |
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232 | 232 | | 203 |
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233 | 233 | | Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance204 |
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234 | 234 | | with the following schedule:205 |
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235 | 235 | | (1) In each nonelection year on January 31, April 30, July 31, and October 15; |
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236 | 236 | | :206 |
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237 | 237 | | (A) Candidates for public office and public officers as defined in subparagraphs (A),207 |
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238 | 238 | | (C), and (D) of paragraph (22) of Code Section 21-5-3 shall file on January 31 and208 |
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239 | 239 | | June 30.209 |
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240 | 240 | | (B) Candidates for public office and public officers as defined in subparagraphs (B),210 |
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241 | 241 | | (F), and (G) of paragraph (22) of Code Section 21-5-3 shall file on June 30 and211 |
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242 | 242 | | December 31;212 |
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243 | 243 | | (2) In each election year:213 |
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244 | 244 | | (A) On January 31, April 30, July 31, and October 15 June 30, September 30, October214 |
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245 | 245 | | 25, and December 31;215 |
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246 | 246 | | (B) Six days before any run-off primary or election in which the candidate is listed on216 |
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247 | 247 | | the ballot; and217 |
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248 | 248 | | (C) During the period of time between the last report due prior to the date of any218 |
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249 | 249 | | election for which the candidate is qualified and the date of such election, all219 |
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250 | 250 | | contributions of $1,000.00 or more shall be reported within two business days of receipt220 |
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251 | 251 | | and also reported on the next succeeding regularly scheduled campaign contribution221 |
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252 | 252 | | disclosure report; provided, however, that this subparagraph shall only apply to222 |
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253 | 253 | | contributions of $1,000.00 or more that are designated for the same actual election as223 |
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254 | 254 | | the one for which the individual is currently a candidate. Nothing in this Code section224 |
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255 | 255 | | shall be construed to require a contribution of $1,000.00 or more that is designated as225 |
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256 | 256 | | a general election contribution to be reported during the two business day report period226 |
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257 | 257 | | of a primary election;227 |
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258 | 258 | | (3) If the candidate is a candidate in a special primary or special primary runoff, 15 days228 |
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259 | 259 | | prior to the special primary and six days prior to the special primary runoff; and229 |
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260 | 260 | | S. B. 528 |
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261 | 261 | | - 9 - 24 LC 47 2907 |
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262 | 262 | | (4) If the candidate is a candidate in a special election or special election runoff, 15 days |
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263 | 263 | | 230 |
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264 | 264 | | prior to the special election and six days prior to the special election runoff.231 |
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265 | 265 | | All persons or entities required to file reports shall have a five-day |
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266 | 266 | | 15 day grace period in232 |
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267 | 267 | | filing the required reports, except that the grace period shall be two days for required233 |
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268 | 268 | | reports prior to run-off primaries or run-off elections, and no grace period shall apply to234 |
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269 | 269 | | contributions required to be reported within two business days. Reports required to be filed235 |
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270 | 270 | | within two business days of a contribution shall be reported by facsimile or electronic236 |
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271 | 271 | | transmission. Any facsimile filing shall also have an identical electronic filing within five237 |
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272 | 272 | | business days following the transmission of such facsimile filing. Each report required in238 |
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273 | 273 | | the election year shall contain cumulative totals of all contributions which have been239 |
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274 | 274 | | received and all expenditures which have been made in support of the campaign in question240 |
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275 | 275 | | and which are required, or previously have been required, to be reported.241 |
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276 | 276 | | (d) In the event any candidate covered by this chapter has no opposition in either a primary242 |
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277 | 277 | | or a general election and receives no contribution of more than $100.00, such candidate243 |
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278 | 278 | | shall only be required to make the initial and final report as required under this chapter.244 |
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279 | 279 | | (d.1)(1) In the event a candidate for nomination or election to a public office listed in245 |
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280 | 280 | | subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or246 |
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281 | 281 | | treasurer of a campaign committee organized to bring about the nomination or election247 |
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282 | 282 | | of such candidate signs and files with the appropriate official specified by paragraph (3)248 |
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283 | 283 | | or (4) of subsection (a) of this Code section a written notice that such candidate or249 |
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284 | 284 | | campaign committee does not intend to accept during such election cycle a combined250 |
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285 | 285 | | total of contributions exceeding $2,500.00 for the campaign nor make a combined total251 |
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286 | 286 | | of expenditures exceeding $2,500.00 for the campaign in such election cycle, then such252 |
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287 | 287 | | candidate or campaign committee shall not be required to file a report under this Code253 |
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288 | 288 | | section. The appropriate official shall transmit an electronic copy of the written notice254 |
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289 | 289 | | by eFiling or eFax to the commission within ten days of receipt of such notice. The255 |
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290 | 290 | | failure of the appropriate official to timely transmit such copy of the written notice to the256 |
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291 | 291 | | S. B. 528 |
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292 | 292 | | - 10 - 24 LC 47 2907 |
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293 | 293 | | commission shall not disqualify the candidate or campaign committee from the257 |
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294 | 294 | | exemption from report filing provided by this paragraph.258 |
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295 | 295 | | (2) If such candidate or campaign committee exceeds the $2,500.00 limit for either259 |
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296 | 296 | | accepting contributions or making expenditures for such campaign during such election260 |
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297 | 297 | | cycle as specified in paragraph (1) of this subsection but does not accept a combined total261 |
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298 | 298 | | of contributions exceeding $5,000.00 in such election cycle nor make expenditures262 |
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299 | 299 | | exceeding $5,000.00 in such election cycle, then such candidate or campaign committee263 |
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300 | 300 | | shall be required to file only the June 30 and December 31 reports required by264 |
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301 | 301 | | paragraph (2) of subsection (c) of this Code section. The first such report shall include265 |
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302 | 302 | | all contributions received and expenditures made beginning January 1 of such calendar266 |
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303 | 303 | | year.267 |
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304 | 304 | | (3) If such candidate or campaign committee accepts a combined total of contributions268 |
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305 | 305 | | exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign269 |
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306 | 306 | | during any such election cycle, then such candidate or campaign committee chairperson270 |
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307 | 307 | | or treasurer shall thereupon be subject to the reporting requirements of this Code section271 |
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308 | 308 | | the same as if the written notice authorized by this subsection had not been filed.272 |
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309 | 309 | | (e) Any person who makes contributions to, accepts contributions for, or makes273 |
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310 | 310 | | expenditures on behalf of candidates, and any independent committee, shall file a274 |
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311 | 311 | | registration in the same manner as is required of campaign committees prior to accepting275 |
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312 | 312 | | or making contributions or expenditures. Such persons, other than independent276 |
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313 | 313 | | committees, shall also file campaign contribution disclosure reports at the same times as277 |
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314 | 314 | | required of the candidates they are supporting and a December 31 campaign contribution278 |
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315 | 315 | | disclosure report regardless of whether the candidate they are supporting has a279 |
---|
316 | 316 | | December 31 campaign contribution disclosure report due. The following persons shall280 |
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317 | 317 | | be exempt from the foregoing registration and reporting requirements:281 |
---|
318 | 318 | | (1) Individuals making aggregate contributions of $25,000.00 or less directly to282 |
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319 | 319 | | candidates or the candidates' campaign committees in one calendar year;283 |
---|
320 | 320 | | S. B. 528 |
---|
321 | 321 | | - 11 - 24 LC 47 2907 |
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322 | 322 | | (2) Persons other than individuals making aggregate contributions and expenditures to284 |
---|
323 | 323 | | or on behalf of candidates of $25,000.00 or less in one calendar year; and285 |
---|
324 | 324 | | (3) (2) Contributors who make contributions to only one candidate during one calendar286 |
---|
325 | 325 | | year.287 |
---|
326 | 326 | | (e.1) Any political action committee which makes contributions to, accepts contributions288 |
---|
327 | 327 | | for, or makes expenditures on behalf of candidates shall file a registration in the same289 |
---|
328 | 328 | | manner as is required of campaign committees prior to accepting or making contributions290 |
---|
329 | 329 | | or expenditures. Prior to such registration, such political action committee shall open a291 |
---|
330 | 330 | | bank account in the name of such committee. Such political action committee shall292 |
---|
331 | 331 | | maintain such bank account until the political action committee is terminated. Such293 |
---|
332 | 332 | | political action committee shall also file campaign contribution disclosure reports on294 |
---|
333 | 333 | | January 31, April 30, July 31, and October 15 until the bank account required by this295 |
---|
334 | 334 | | subsection has been zeroed out and the political action committee has been terminated.296 |
---|
335 | 335 | | (f)(1) Any independent committee which accepts contributions or makes expenditures297 |
---|
336 | 336 | | for the purpose of affecting the outcome of an election or advocates the election or defeat298 |
---|
337 | 337 | | of any candidate shall register with the commission prior to accepting contributions or299 |
---|
338 | 338 | | making expenditures and shall file disclosure reports as follows:300 |
---|
339 | 339 | | (A) On the first day of each of the two calendar months preceding any such election;301 |
---|
340 | 340 | | (B) Two weeks prior to the date of such election; and302 |
---|
341 | 341 | | (C) Within the two-week period prior to the date of such election the independent303 |
---|
342 | 342 | | committee shall report within two business days any contributions or expenditure of304 |
---|
343 | 343 | | more than $1,000.00.305 |
---|
344 | 344 | | The independent committee shall file a final report prior to December 31 of the election306 |
---|
345 | 345 | | year and shall file supplemental reports on June 30 and December 31 of each year that307 |
---|
346 | 346 | | such independent committee continues to accept contributions or make expenditures.308 |
---|
347 | 347 | | (2) Reports filed by independent committees shall list the following:309 |
---|
348 | 348 | | S. B. 528 |
---|
349 | 349 | | - 12 - 24 LC 47 2907 |
---|
350 | 350 | | (A) The amount and date of receipt, along with the name, mailing address, occupation, |
---|
351 | 351 | | 310 |
---|
352 | 352 | | and employer of any person making a contribution of more than $100.00;311 |
---|
353 | 353 | | (B) The name, mailing address, occupation, and employer of any person to whom an312 |
---|
354 | 354 | | expenditure or provision of goods or services of the value of more than $100.00 is made313 |
---|
355 | 355 | | and the amount, date, and general purpose thereof, including the name of the candidate314 |
---|
356 | 356 | | or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the315 |
---|
357 | 357 | | expenditure or provision was made;316 |
---|
358 | 358 | | (C) Total expenditures made as follows:317 |
---|
359 | 359 | | (i) Expenditures shall be reported for the applicable reporting year;318 |
---|
360 | 360 | | (ii) The first report of a reporting year shall list the total expenditures made during319 |
---|
361 | 361 | | the period covered by the report; and320 |
---|
362 | 362 | | (iii) Subsequent reports shall list the total expenditures made during the period321 |
---|
363 | 363 | | covered by the report, the cumulative total of expenditures made during the reporting322 |
---|
364 | 364 | | year, and net balance on hand; and323 |
---|
365 | 365 | | (D) The corporate, labor union, or other affiliation of any political action committee,324 |
---|
366 | 366 | | candidate, campaign committee, or independent committee making a contribution of325 |
---|
367 | 367 | | the value of more than $100.00.326 |
---|
368 | 368 | | (3) Whenever any independent committee makes an expenditure for the purpose of327 |
---|
369 | 369 | | financing any communication intended to affect the outcome of an election, such328 |
---|
370 | 370 | | communication shall clearly state that it has been financed by such independent329 |
---|
371 | 371 | | committee.330 |
---|
372 | 372 | | (g) Any campaign committee which accepts contributions or makes expenditures designed331 |
---|
373 | 373 | | to bring about the recall of a public officer or to oppose the recall of a public officer shall332 |
---|
374 | 374 | | file campaign contribution disclosure reports as follows:333 |
---|
375 | 375 | | (1) An initial report shall be filed within 15 days after the date when the official recall334 |
---|
376 | 376 | | petition forms were issued to the sponsors;335 |
---|
377 | 377 | | (2) A second report shall be filed 45 days after the filing of the initial report;336 |
---|
378 | 378 | | S. B. 528 |
---|
379 | 379 | | - 13 - 24 LC 47 2907 |
---|
380 | 380 | | (3) A third report shall be filed within 20 days after the election superintendent certifies |
---|
381 | 381 | | 337 |
---|
382 | 382 | | legal sufficiency or insufficiency of a recall petition; and338 |
---|
383 | 383 | | (4) A final report shall be filed prior to December 31 of the year in which the recall339 |
---|
384 | 384 | | election is held or, in any case where such recall election is not held, a final report shall340 |
---|
385 | 385 | | be filed prior to December 31 of any year in which such campaign committee accepts341 |
---|
386 | 386 | | such contributions or makes such expenditures.342 |
---|
387 | 387 | | (h) Any campaign committee which accepts contributions or makes expenditures designed343 |
---|
388 | 388 | | to bring about the approval or rejection by the voters of a proposed constitutional344 |
---|
389 | 389 | | amendment or a state-wide referendum shall file a campaign contribution disclosure345 |
---|
390 | 390 | | report 75, 45, and 15 days prior to the date of the election and shall file a final report prior346 |
---|
391 | 391 | | to December 31 of the election year.347 |
---|
392 | 392 | | (i)(1) Any person elected to a public office who is required to file campaign contribution348 |
---|
393 | 393 | | disclosure reports pursuant to this article shall, upon leaving public office with excess349 |
---|
394 | 394 | | contributions, be required to file supplemental campaign contribution disclosure reports350 |
---|
395 | 395 | | on June 30 and December 31 |
---|
396 | 396 | | January 31, April 30, July 31, and October 15 of each year351 |
---|
397 | 397 | | until such contributions are expended in a campaign for elective office or used as352 |
---|
398 | 398 | | provided in subsection (b) of Code Section 21-5-33.353 |
---|
399 | 399 | | (2) Any person who is an unsuccessful candidate in an election and who is required to354 |
---|
400 | 400 | | file campaign contribution disclosure reports pursuant to this article shall for the355 |
---|
401 | 401 | | remainder of the election cycle file such reports at the same times as a successful356 |
---|
402 | 402 | | candidate and thereafter, upon having excess contributions from such campaign, be357 |
---|
403 | 403 | | required to file a supplemental campaign contribution disclosure report no later than358 |
---|
404 | 404 | | December 31 on January 31, April 30, July 31, and October 15 of each year until such359 |
---|
405 | 405 | | contributions are expended in a campaign for elective office or used as provided in360 |
---|
406 | 406 | | subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who361 |
---|
407 | 407 | | is required to file campaign contribution disclosure reports pursuant to this article and362 |
---|
408 | 408 | | who receives contributions following such election to retire debts incurred in such363 |
---|
409 | 409 | | S. B. 528 |
---|
410 | 410 | | - 14 - 24 LC 47 2907 |
---|
411 | 411 | | campaign for elective office shall be required to file a supplemental campaign |
---|
412 | 412 | | 364 |
---|
413 | 413 | | contribution disclosure report no later than December 31 |
---|
414 | 414 | | on January 31, April 30, July365 |
---|
415 | 415 | | 31, and October 15 of each year until such unpaid expenditures from such campaign are366 |
---|
416 | 416 | | satisfied. Such reports shall be current through the end of the preceding month.367 |
---|
417 | 417 | | (j) Notwithstanding any other provision of this chapter to the contrary, soil and water368 |
---|
418 | 418 | | conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the369 |
---|
419 | 419 | | 'Soil and Water Conservation Districts Law,' shall not be required to file campaign370 |
---|
420 | 420 | | contribution disclosure reports under this Code section.371 |
---|
421 | 421 | | (k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00372 |
---|
422 | 422 | | shall be imposed by the person or entity with which filing is required for each report that373 |
---|
423 | 423 | | is filed late, and notice of such late fee shall be sent to the candidate and the candidate's374 |
---|
424 | 424 | | committee in the same manner by which the penalized report was filed with the375 |
---|
425 | 425 | | commission. However, if the report in question was not filed or was filed with the376 |
---|
426 | 426 | | commission in a manner other than electronic filing or certified mail, return receipt377 |
---|
427 | 427 | | requested, the commission shall utilize certified mail, return receipt requested, to notify378 |
---|
428 | 428 | | the candidate and the candidate's committee of the late fee due. The notice shall include379 |
---|
429 | 429 | | the schedule of increasing late fees for late filings and the dates upon which such late fees380 |
---|
430 | 430 | | shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day381 |
---|
431 | 431 | | after the due date for such report if the report has not been filed by such date. A late fee382 |
---|
432 | 432 | | of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if383 |
---|
433 | 433 | | such report has not been filed. Notice by electronic means does not satisfy the384 |
---|
434 | 434 | | requirements of this paragraph; and any increased late fees shall be stayed until at least385 |
---|
435 | 435 | | ten days after proper notice has been given as specified in this paragraph.386 |
---|
436 | 436 | | (2) The commission shall retain $25.00 of the first late fee received by the commission387 |
---|
437 | 437 | | for processing pursuant to the provisions of Code Section 45-12-92.1.388 |
---|
438 | 438 | | (l) It shall be the duty of the commission or other official when it receives for filing any389 |
---|
439 | 439 | | disclosure report or statement or other document that may be filed by mail to maintain with390 |
---|
440 | 440 | | S. B. 528 |
---|
441 | 441 | | - 15 - 24 LC 47 2907 |
---|
442 | 442 | | the filed document a copy of the postal markings or statutory overnight delivery service |
---|
443 | 443 | | 391 |
---|
444 | 444 | | markings of any envelope, package, or wrapping in which the document was delivered for392 |
---|
445 | 445 | | filing if mailed or sent after the date such filing was due.393 |
---|
446 | 446 | | (m) Any person or entity which is required to be registered under this Code section shall394 |
---|
447 | 447 | | file a termination statement together with its final campaign contribution disclosure report395 |
---|
448 | 448 | | as required by this Code section within ten days of the dissolution of a campaign or396 |
---|
449 | 449 | | committee. The termination statement shall identify the person responsible for maintaining397 |
---|
450 | 450 | | campaign records as required by this chapter."398 |
---|
451 | 451 | | SECTION 3.399 |
---|
452 | 452 | | Said chapter is further amended in Code Section 21-5-50, relating to filing by public officers,400 |
---|
453 | 453 | | filing by candidates for public office, filing by elected officials and members of the General401 |
---|
454 | 454 | | Assembly, and electronic filing, by revising subsections (a) and (c) as follows:402 |
---|
455 | 455 | | "(a)(1) Except as modified in subsection (c) of this Code section with respect to403 |
---|
456 | 456 | | candidates for state-wide elected public office: |
---|
457 | 457 | | 404 |
---|
458 | 458 | | (A) Each each public officer, as defined in subparagraphs (A) through (D) of paragraph405 |
---|
459 | 459 | | (22) of Code Section 21-5-3, and each person who qualifies as a candidate for election406 |
---|
460 | 460 | | to any such public office shall file with the commission not before the first day of407 |
---|
461 | 461 | | January nor no later than July April 1 of each year in which such public officer holds408 |
---|
462 | 462 | | office other than an election year a financial disclosure statement for the preceding409 |
---|
463 | 463 | | calendar year; and410 |
---|
464 | 464 | | (B) Each each person who qualifies in a special election as a candidate for election as411 |
---|
465 | 465 | | a public officer, as defined in subparagraphs (A) through (D) of paragraph (22) of Code412 |
---|
466 | 466 | | Section 21-5-3, shall file with the commission, no later than the fifteenth day following413 |
---|
467 | 467 | | the date of qualifying as a candidate, a financial disclosure statement for the preceding414 |
---|
468 | 468 | | calendar year.415 |
---|
469 | 469 | | S. B. 528 |
---|
470 | 470 | | - 16 - 24 LC 47 2907 |
---|
471 | 471 | | (2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in |
---|
472 | 472 | | 416 |
---|
473 | 473 | | subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file417 |
---|
474 | 474 | | a financial disclosure statement pursuant to this Code section. Each such public officer418 |
---|
475 | 475 | | shall, however, be deemed to be a public official for purposes of Code Section 45-10-26419 |
---|
476 | 476 | | and shall be subject to the disclosure requirements set forth in Code Section 45-10-26. 420 |
---|
477 | 477 | | In addition, each such public officer shall file with the commission, prior to January 31421 |
---|
478 | 478 | | each year, an affidavit confirming that such public officer took no official action in the422 |
---|
479 | 479 | | previous calendar year that had a material effect on such public officer's private financial423 |
---|
480 | 480 | | or business interests; provided, however, that, if a public officer as defined in424 |
---|
481 | 481 | | subparagraph (E) of paragraph (22) of Code Section 21-5-3 has previously filed or is425 |
---|
482 | 482 | | subject to filing a financial disclosure statement with the commission pursuant to this426 |
---|
483 | 483 | | paragraph, and said financial disclosure statement covers the same calendar year as would427 |
---|
484 | 484 | | be covered by the affidavit required by this Code section, the public officer shall be428 |
---|
485 | 485 | | exempted from filing an affidavit. No retired judge or senior judge of any court of this429 |
---|
486 | 486 | | state shall be required to file an affidavit pursuant to this Code section.430 |
---|
487 | 487 | | (3) A public officer, as defined in subparagraph (E) of paragraph (22) of Code431 |
---|
488 | 488 | | Section 21-5-3, who serves as a member of the commission shall be subject to the432 |
---|
489 | 489 | | requirements for filing financial disclosure statements set forth in paragraph (1) of this433 |
---|
490 | 490 | | subsection. In addition, each such public officer shall file with the commission, together434 |
---|
491 | 491 | | with the financial disclosure statement, an affidavit confirming that such public officer435 |
---|
492 | 492 | | took no official action in the previous calendar year that had a material effect on such436 |
---|
493 | 493 | | public officer's private financial or business interests.437 |
---|
494 | 494 | | (3.1) Until December 31, 2025, a |
---|
495 | 495 | | A public officer and candidates for election as a public438 |
---|
496 | 496 | | officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section439 |
---|
497 | 497 | | 21-5-3, shall make filings of the same kind and in the same manner as provided in440 |
---|
498 | 498 | | paragraph (1) of this subsection for other public officers and candidates for election as441 |
---|
499 | 499 | | a public officer except that filings under this paragraph shall be made with the election442 |
---|
500 | 500 | | S. B. 528 |
---|
501 | 501 | | - 17 - 24 LC 47 2907 |
---|
502 | 502 | | superintendent of the county in the case of public officers and candidates for election as |
---|
503 | 503 | | 443 |
---|
504 | 504 | | a public officer as defined in said subparagraph (F) and shall be made with the municipal444 |
---|
505 | 505 | | clerk in the municipality of election or, if there is no clerk, with the chief executive445 |
---|
506 | 506 | | officer of the municipality in the case of public officers as defined in said subparagraph446 |
---|
507 | 507 | | (G). The election superintendent, municipal clerk, or chief executive officer, as447 |
---|
508 | 508 | | applicable, shall transmit, electronically by eFiling or eFax, a copy of each such report448 |
---|
509 | 509 | | to the commission not later than 30 days after the close of the reporting period. No fine,449 |
---|
510 | 510 | | fee, or sanction, including but not limited to identifying a public officer or candidate for450 |
---|
511 | 511 | | election as a public officer as having filed late or failed to file, shall be imposed by the451 |
---|
512 | 512 | | commission on the public officer or candidate for election as a public officer for the452 |
---|
513 | 513 | | failure of the election superintendent, municipal clerk, or chief executive officer to timely453 |
---|
514 | 514 | | transmit a copy of such report. As of January 1, 2026, such public officers and |
---|
515 | 515 | | 454 |
---|
516 | 516 | | candidates shall file disclosure statements with the commission in the same manner455 |
---|
517 | 517 | | provided for in paragraph (1) of this subsection.456 |
---|
518 | 518 | | (4) Each member of the State Transportation Board shall file a financial disclosure457 |
---|
519 | 519 | | statement for the preceding calendar year no later than the sixtieth day following such458 |
---|
520 | 520 | | member's election to the State Transportation Board. Thereafter, each board member459 |
---|
521 | 521 | | shall file by January 31 April 1 of each year a financial disclosure statement for the460 |
---|
522 | 522 | | preceding year. In addition, each board member shall file with the commission, prior to461 |
---|
523 | 523 | | January 31 April 1 of each year, an affidavit confirming that such board member took no462 |
---|
524 | 524 | | official action in the previous calendar year that had a material effect on such board463 |
---|
525 | 525 | | member's private financial or business interests.464 |
---|
526 | 526 | | (5) The commission or the applicable official under paragraph (3.1) of this subsection465 |
---|
527 | 527 | | shall review each financial disclosure statement to determine that such statement is in466 |
---|
528 | 528 | | compliance with the requirements of this chapter.467 |
---|
529 | 529 | | (6) A public officer shall not, however, be required to file such a financial disclosure468 |
---|
530 | 530 | | statement for the preceding calendar year in an election year if such public officer does469 |
---|
531 | 531 | | S. B. 528 |
---|
532 | 532 | | - 18 - 24 LC 47 2907 |
---|
533 | 533 | | not qualify for nomination for election to succeed himself or herself or for election to any |
---|
534 | 534 | | 470 |
---|
535 | 535 | | other public office subject to this chapter. For purposes of this paragraph, a public officer471 |
---|
536 | 536 | | shall not be deemed to hold office in a year in which the public officer holds office for472 |
---|
537 | 537 | | fewer than 15 days."473 |
---|
538 | 538 | | "(c)(1) Each person who qualifies with a political party as a candidate for party474 |
---|
539 | 539 | | nomination to a public office elected state wide, |
---|
540 | 540 | | (including an incumbent public officer475 |
---|
541 | 541 | | elected state wide qualifying to succeed himself or herself), shall file with the476 |
---|
542 | 542 | | commission, not later than seven days after so qualifying April 1 of such election year,477 |
---|
543 | 543 | | a financial disclosure statement. Each person who qualifies as a candidate for election478 |
---|
544 | 544 | | to a public office elected state wide through a nomination petition or convention shall479 |
---|
545 | 545 | | likewise file a financial disclosure statement not later than seven days after filing his or480 |
---|
546 | 546 | | her notice of candidacy April 1 of such election year. Such financial disclosure statement481 |
---|
547 | 547 | | shall comply with the requirements of subsections (a) and (b) of this Code section and482 |
---|
548 | 548 | | shall in addition identify, for the preceding five calendar years:483 |
---|
549 | 549 | | (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar484 |
---|
550 | 550 | | year in which the candidate (whether for himself or herself or on behalf of any485 |
---|
551 | 551 | | business) or any business in which such candidate or any member of his or her family486 |
---|
552 | 552 | | has a substantial interest or is an officer of such business has transacted business with487 |
---|
553 | 553 | | the government of the State of Georgia, the government of any political subdivision of488 |
---|
554 | 554 | | the State of Georgia, or any agency of any such government; and489 |
---|
555 | 555 | | (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar490 |
---|
556 | 556 | | year in which the candidate or any business in which such candidate or any member of491 |
---|
557 | 557 | | his or her family has a substantial interest or is an officer of such business received any492 |
---|
558 | 558 | | income of any nature from any person who was at the time of such receipt of income493 |
---|
559 | 559 | | represented by a lobbyist registered with the commission pursuant to Article 4 of this494 |
---|
560 | 560 | | chapter.495 |
---|
561 | 561 | | S. B. 528 |
---|
562 | 562 | | - 19 - 24 LC 47 2907 |
---|
563 | 563 | | (2) The financial disclosure statement required by paragraph (1) of this subsection shall |
---|
564 | 564 | | 496 |
---|
565 | 565 | | include an itemized list of the transactions required to be reported, including the date of,497 |
---|
566 | 566 | | dollar amount of, and parties to each such transaction. However, with respect to any498 |
---|
567 | 567 | | transactions of a privileged nature only the total amount of such transactions shall be499 |
---|
568 | 568 | | required to be reported, and names, dates, amounts of individual transactions, and other500 |
---|
569 | 569 | | identifying data may be omitted; and for this purpose 'transactions of a privileged nature'501 |
---|
570 | 570 | | shall include transactions between attorney and client, transactions between psychiatrist502 |
---|
571 | 571 | | and patient, transactions between physician and patient, and any other transactions which503 |
---|
572 | 572 | | are by law of a similar privileged and confidential nature.504 |
---|
573 | 573 | | (3) The financial disclosure statement required by paragraph (1) of this subsection shall505 |
---|
574 | 574 | | be accompanied by a financial statement of the candidate's financial affairs for the five506 |
---|
575 | 575 | | calendar years prior to the year in which the election is held and the first quarter of the507 |
---|
576 | 576 | | calendar year in which the election is held.508 |
---|
577 | 577 | | (3.1) The financial disclosure statement required by paragraph (1) of this subsection shall509 |
---|
578 | 578 | | include the source or sources of the candidate's income for the five calendar years prior510 |
---|
579 | 579 | | to the year in which the election is held and the first quarter of the calendar year in which |
---|
580 | 580 | | 511 |
---|
581 | 581 | | the election is held.512 |
---|
582 | 582 | | (4) As used in this subsection, the term:513 |
---|
583 | 583 | | (A) 'Agency' means any agency, authority, department, board, bureau, commission,514 |
---|
584 | 584 | | committee, office, or instrumentality of the State of Georgia or any political subdivision515 |
---|
585 | 585 | | of the State of Georgia.516 |
---|
586 | 586 | | (B) 'Financial statement' means a statement of a candidate's financial affairs in a form517 |
---|
587 | 587 | | substantially equivalent to the short form financial statement required for bank directors518 |
---|
588 | 588 | | under the rules of the Department of Banking and Finance which details the source and519 |
---|
589 | 589 | | type of income with an indication of which of the following categories the amount or520 |
---|
590 | 590 | | value of such item of income is within:521 |
---|
591 | 591 | | (i) Not more than $1,000.00;522 |
---|
592 | 592 | | S. B. 528 |
---|
593 | 593 | | - 20 - 24 LC 47 2907 |
---|
594 | 594 | | (ii) Greater than $1,000.00 but not more than $2,500.00;523 |
---|
595 | 595 | | (iii) Greater than $2,500.00 but not more than $5,000.00;524 |
---|
596 | 596 | | (iv) Greater than $5,000.00 but not more than $15,000.00;525 |
---|
597 | 597 | | (v) Greater than $15,000.00 but not more than $50,000.00;526 |
---|
598 | 598 | | (vi) Greater than $50,000.00 but not more than $100,000.00;527 |
---|
599 | 599 | | (vii) Greater than $100,000.00 but not more than $1 million;528 |
---|
600 | 600 | | (viii) Greater than $1 million but not more than $5 million; or529 |
---|
601 | 601 | | (ix) Greater than $5 million.530 |
---|
602 | 602 | | (C) 'Person' and 'transact business' shall have the meanings specified in Code531 |
---|
603 | 603 | | Section 45-10-20.532 |
---|
604 | 604 | | (D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more533 |
---|
605 | 605 | | of the assets or stock of any business.534 |
---|
606 | 606 | | (5) Notwithstanding any other provisions of this subsection, if, due to a special election535 |
---|
607 | 607 | | or otherwise, a person does not qualify as a candidate for nomination or election to public536 |
---|
608 | 608 | | office until after the filing date otherwise applicable, such person shall make the filings537 |
---|
609 | 609 | | required by this subsection within seven days after so qualifying."538 |
---|
610 | 610 | | SECTION 4.539 |
---|
611 | 611 | | Said chapter is further amended by revising Code Section 21-5-51, relating to inspection and540 |
---|
612 | 612 | | copying of financial disclosure statements, as follows:541 |
---|
613 | 613 | | "21-5-51.542 |
---|
614 | 614 | | (a) Financial disclosure statements filed pursuant to this article shall be public records and543 |
---|
615 | 615 | | shall be subject to inspection and copying by any member of the public as provided by law544 |
---|
616 | 616 | | for other public records.545 |
---|
617 | 617 | | (b) Notwithstanding subsection (a) of this Code section or any provision of Chapter 18 of546 |
---|
618 | 618 | | Title 50 to the contrary, the commission shall redact any identifiable home addresses from547 |
---|
619 | 619 | | any records the commission discloses, posts, or releases to the public."548 |
---|
620 | 620 | | S. B. 528 |
---|
621 | 621 | | - 21 - 24 LC 47 2907 |
---|
622 | 622 | | SECTION 5. |
---|
623 | 623 | | 549 |
---|
624 | 624 | | Said chapter is further amended in Code Section 21-5-70, relating to definitions, by revising 550 |
---|
625 | 625 | | paragraphs (1) and (4.1) as follows:551 |
---|
626 | 626 | | "(1) 'Expenditure': 552 |
---|
627 | 627 | | (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance553 |
---|
628 | 628 | | of money or anything of value made for the purpose of influencing the actions of any554 |
---|
629 | 629 | | public officer, specifically including any such transaction which is made on behalf of555 |
---|
630 | 630 | | or for the benefit of a public employee for the purpose of influencing a public officer; 556 |
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631 | 631 | | (B) Includes any other form of payment when such can be reasonably construed as557 |
---|
632 | 632 | | designed to encourage or influence a public officer; 558 |
---|
633 | 633 | | (B.1) Includes reimbursement or payment of expenses exceeding $75.00 |
---|
634 | 634 | | $250.00559 |
---|
635 | 635 | | provided to a public officer from any individual lobbyist for transportation, travel,560 |
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636 | 636 | | lodging, registration, food, and beverages; 561 |
---|
637 | 637 | | (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of562 |
---|
638 | 638 | | money, services, tickets for admission to athletic, sporting, recreational, musical563 |
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639 | 639 | | concert, or other entertainment events, or anything of value, unless consideration of564 |
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640 | 640 | | equal or greater than face value is received;565 |
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641 | 641 | | (D) Includes reimbursement or payment of expenses for recreational or leisure566 |
---|
642 | 642 | | activities; and567 |
---|
643 | 643 | | (E) Does not include anything defined in paragraph (4.1) of this Code section as a568 |
---|
644 | 644 | | lobbying expenditure, the provisions of subparagraphs (A) through (D) of this569 |
---|
645 | 645 | | paragraph notwithstanding."570 |
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646 | 646 | | "(4.1) 'Lobbying expenditure' means:571 |
---|
647 | 647 | | (A) Promotional items generally distributed to the general public or to public officers572 |
---|
648 | 648 | | and food and beverages produced in Georgia;573 |
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649 | 649 | | (B) An award, plaque, certificate, memento, or similar item given in recognition of the574 |
---|
650 | 650 | | recipient's civic, charitable, political, professional, or public service;575 |
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651 | 651 | | S. B. 528 |
---|
652 | 652 | | - 22 - 24 LC 47 2907 |
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653 | 653 | | (C) Discounts, upgrades, memberships, or other accommodations extended by a |
---|
654 | 654 | | 576 |
---|
655 | 655 | | business to a bona fide customer; or legitimate salary, benefits, fees, commissions, or577 |
---|
656 | 656 | | expenses associated with a recipient's nonpublic business, employment, trade, or578 |
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657 | 657 | | profession;579 |
---|
658 | 658 | | (D) Food, beverages, and registration at group events to which all members of an580 |
---|
659 | 659 | | agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are581 |
---|
660 | 660 | | invited. For purposes of this subparagraph, an agency shall also include the House of582 |
---|
661 | 661 | | Representatives, the Senate, standing committees of such bodies but not for more than583 |
---|
662 | 662 | | one of such group events per committee per calendar year, caucuses of members of the584 |
---|
663 | 663 | | majority or minority political parties of the House or Senate, other caucuses of the585 |
---|
664 | 664 | | House or Senate as approved by the House Committee on Ethics or the Senate Ethics586 |
---|
665 | 665 | | Committee, and the governing body of each political subdivision of this state;587 |
---|
666 | 666 | | (E) Campaign contributions or expenditures as defined by Code Section 21-5-3 and588 |
---|
667 | 667 | | reported as required by Article 2 of this chapter;589 |
---|
668 | 668 | | (F) Reimbursement or payment of actual and reasonable expenses provided to a public590 |
---|
669 | 669 | | officer and his or her necessary public employee staff members for such public officer's591 |
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670 | 670 | | and staff members' individual transportation, lodging, travel, and registration for592 |
---|
671 | 671 | | attending educational, informational, charitable, or civic meetings or conferences that593 |
---|
672 | 672 | | are held at locations within the United States and directly relate to the official duties of594 |
---|
673 | 673 | | that public officer or the office of that public officer, plus food and beverages for such595 |
---|
674 | 674 | | public officer, his or her necessary public employee staff members, and spouse while596 |
---|
675 | 675 | | attending such educational, informational, charitable, or civic meetings or conferences; 597 |
---|
676 | 676 | | (G) Anything which:598 |
---|
677 | 677 | | (i) Does not qualify as a lobbying expenditure under subparagraphs (A) through (F)599 |
---|
678 | 678 | | of this paragraph; and600 |
---|
679 | 679 | | S. B. 528 |
---|
680 | 680 | | - 23 - 24 LC 47 2907 |
---|
681 | 681 | | (ii) Would qualify as an expenditure under subparagraph (B.1) of paragraph (1) of |
---|
682 | 682 | | 601 |
---|
683 | 683 | | this Code section except that it does not exceed an amount or value of $75.00 |
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684 | 684 | | $250.00602 |
---|
685 | 685 | | per person."603 |
---|
686 | 686 | | SECTION 6.604 |
---|
687 | 687 | | Said chapter is further amended in Code Section 21-5-73, relating to lobbyist disclosure605 |
---|
688 | 688 | | reports, by revising subsections (b), (c), (d), and (e) as follows:606 |
---|
689 | 689 | | "(b) A person who is required to register under this article and:607 |
---|
690 | 690 | | (1) Lobbies lobbies to promote or oppose the passage of any legislation by the General608 |
---|
691 | 691 | | Assembly, or any committee of either chamber or a joint committee thereof, or the609 |
---|
692 | 692 | | approval or veto of legislation by the Governor: shall file a semimonthly disclosure report610 |
---|
693 | 693 | | on the first and fifteenth day of each month, current through the end of the preceding611 |
---|
694 | 694 | | report, beginning January 15 and continuing throughout the period that the General612 |
---|
695 | 695 | | Assembly is in session.613 |
---|
696 | 696 | | (2) Lobbies to promote or oppose the passage of any ordinance or resolution by a public614 |
---|
697 | 697 | | officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,615 |
---|
698 | 698 | | or any committee of such public officers, or the approval or veto of any such ordinance616 |
---|
699 | 699 | | or resolution;617 |
---|
700 | 700 | | (3) Lobbies to promote or oppose the passage of any legislation by the General618 |
---|
701 | 701 | | Assembly, or any committee of either chamber or a joint committee thereof, or the619 |
---|
702 | 702 | | approval or veto of legislation by the Governor;620 |
---|
703 | 703 | | (4) As an employee of the executive branch or judicial branch of local government,621 |
---|
704 | 704 | | lobbies to promote or oppose the passage of any ordinance or resolution by a public622 |
---|
705 | 705 | | officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,623 |
---|
706 | 706 | | or any committee of such public officers, or the approval or veto of any such ordinance624 |
---|
707 | 707 | | or resolution;625 |
---|
708 | 708 | | S. B. 528 |
---|
709 | 709 | | - 24 - 24 LC 47 2907 |
---|
710 | 710 | | (5) Lobbies to influence a public officer or state agency in the selection of a vendor to626 |
---|
711 | 711 | | supply any goods or services to any state agency; or627 |
---|
712 | 712 | | (6) Lobbies to promote or oppose any matter before the State Transportation Board628 |
---|
713 | 713 | | shall file a monthly disclosure report, current through the end of the preceding period, on629 |
---|
714 | 714 | | or before the fifth day of each month.630 |
---|
715 | 715 | | (c) In addition to the requirements of subsection (b) of this Code section, a A person who631 |
---|
716 | 716 | | is required to register under this article and lobbies to promote or oppose the passage of any632 |
---|
717 | 717 | | ordinance or resolution by a public officer specified under subparagraph (F) or (G) of633 |
---|
718 | 718 | | paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the634 |
---|
719 | 719 | | approval or veto of any such ordinance or resolution shall: file a disclosure report on or635 |
---|
720 | 720 | | before the fifth day of each month, provided that all persons or entities required to file such636 |
---|
721 | 721 | | reports shall have a five-day grace period in filing the required reports.637 |
---|
722 | 722 | | (1) File a disclosure report, current through the end of the preceding month, on or before638 |
---|
723 | 723 | | the fifth day of May, September, and January of each year instead of the reports required639 |
---|
724 | 724 | | by subsections (b) and (d) of this Code section; and640 |
---|
725 | 725 | | (2) File such report with the commission, file a copy of such with the election641 |
---|
726 | 726 | | superintendent of each county involved if the report contains any lobbying expenditures642 |
---|
727 | 727 | | relating to county or county school district affairs, and file a copy of such report with the643 |
---|
728 | 728 | | municipal clerk (or if there is no municipal clerk, with the chief executive officer of the644 |
---|
729 | 729 | | municipality) of each municipality involved if the report contains any lobbying645 |
---|
730 | 730 | | expenditures relating to municipal affairs or independent school district affairs.646 |
---|
731 | 731 | | (d) A person who is required to register under this article and:647 |
---|
732 | 732 | | (1) Lobbies to promote or oppose the passage of any legislation by the General648 |
---|
733 | 733 | | Assembly, or any committee of either chamber or a joint committee thereof, or the649 |
---|
734 | 734 | | approval or veto of legislation by the Governor;650 |
---|
735 | 735 | | (2) As an employee of the executive branch or judicial branch of local government,651 |
---|
736 | 736 | | lobbies to promote or oppose the passage of any ordinance or resolution by a public652 |
---|
737 | 737 | | S. B. 528 |
---|
738 | 738 | | - 25 - 24 LC 47 2907 |
---|
739 | 739 | | officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,653 |
---|
740 | 740 | | or any committee of such public officers, or the approval or veto of any such ordinance654 |
---|
741 | 741 | | or resolution;655 |
---|
742 | 742 | | (3) Lobbies to influence a public officer or state agency in the selection of a vendor to656 |
---|
743 | 743 | | supply any goods or services to any state agency; or657 |
---|
744 | 744 | | (4) Lobbies to promote or oppose any matter before the State Transportation Board658 |
---|
745 | 745 | | shall file a monthly disclosure report, current through the end of the preceding period, on659 |
---|
746 | 746 | | or before the fifth day of each month; provided, however, that such monthly reports shall660 |
---|
747 | 747 | | not be filed during any period that the lobbyist files a semimonthly report pursuant to661 |
---|
748 | 748 | | subsection (b) of this Code section.662 |
---|
749 | 749 | | (d) Reserved.663 |
---|
750 | 750 | | (e) Reports filed by lobbyists shall be verified and shall include: 664 |
---|
751 | 751 | | (1) A description of all lobbying expenditures described in subparagraphs (D), (F),665 |
---|
752 | 752 | | and (G) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made on behalf666 |
---|
753 | 753 | | of or for the benefit of a public officer or on behalf of or for the benefit of a public667 |
---|
754 | 754 | | employee for the purpose of influencing a public officer by the lobbyist or employees of668 |
---|
755 | 755 | | the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has669 |
---|
756 | 756 | | actual knowledge of such lobbying expenditure. The description of each reported670 |
---|
757 | 757 | | lobbying expenditure shall include: 671 |
---|
758 | 758 | | (A) The name and title of the public officer or public employee or, if the lobbying672 |
---|
759 | 759 | | expenditure is simultaneously incurred for an identifiable group of public officers or673 |
---|
760 | 760 | | public employees the individual identification of whom would be impractical, a general674 |
---|
761 | 761 | | description of that identifiable group; 675 |
---|
762 | 762 | | (B) The amount, date, and description of the lobbying expenditure and a summary of676 |
---|
763 | 763 | | all spending classified by category. Such categories shall include meals, lodging,677 |
---|
764 | 764 | | travel, and tickets; 678 |
---|
765 | 765 | | S. B. 528 |
---|
766 | 766 | | - 26 - 24 LC 47 2907 |
---|
767 | 767 | | (C) The aggregate lobbying expenditures described in subparagraph (D) of |
---|
768 | 768 | | 679 |
---|
769 | 769 | | paragraph (4.1) of Code Section 21-5-70 incurred during the reporting period; provided,680 |
---|
770 | 770 | | however, that expenses for travel and for food, beverage, and lodging in connection681 |
---|
771 | 771 | | therewith afforded a public officer or public employee shall be reported in the same682 |
---|
772 | 772 | | manner as under subparagraphs (A), (B), and (D) of this paragraph; 683 |
---|
773 | 773 | | (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending684 |
---|
774 | 774 | | before the governmental entity in support of or opposition to which the lobbying685 |
---|
775 | 775 | | expenditure was made; and686 |
---|
776 | 776 | | (E) If applicable, the rule or regulation number or description of the rule or regulation687 |
---|
777 | 777 | | pending before the state agency in support of or opposition to which the lobbying688 |
---|
778 | 778 | | expenditure was made; 689 |
---|
779 | 779 | | (1.1) In any case where lobbying expenditures are reported pursuant to subparagraph (A)690 |
---|
780 | 780 | | of paragraph (1) of this subsection for an identifiable group not listed in subparagraph (D)691 |
---|
781 | 781 | | of paragraph (4.1) of Code Section 21-5-70, the lobbyist shall certify on the disclosure692 |
---|
782 | 782 | | report that no lobbying expenditure made on behalf of or for the benefit of any individual693 |
---|
783 | 783 | | public officer exceeded $75.00 |
---|
784 | 784 | | $250.00; 694 |
---|
785 | 785 | | (2) For those who are required to register under this article and lobby to influence a695 |
---|
786 | 786 | | public officer or state agency in the selection of a vendor to supply any goods or services696 |
---|
787 | 787 | | to any state agency, the name of any vendor or vendors for which the lobbyist undertook697 |
---|
788 | 788 | | to influence the awarding of a contract or contracts by any state agency together with a698 |
---|
789 | 789 | | description of the contract or contracts and the monetary amount of the contract or699 |
---|
790 | 790 | | contracts; and700 |
---|
791 | 791 | | (3) For those who are required to register under this article and lobby to promote or701 |
---|
792 | 792 | | oppose the passage of any rule or regulation of any state agency, the name of the702 |
---|
793 | 793 | | individual or entity for which the lobbyist undertook to influence the rule or regulation703 |
---|
794 | 794 | | of a state agency."704 |
---|
795 | 795 | | S. B. 528 |
---|
796 | 796 | | - 27 - 24 LC 47 2907 |
---|
797 | 797 | | SECTION 7. |
---|
798 | 798 | | 705 |
---|
799 | 799 | | All laws and parts of laws in conflict with this Act are repealed.706 |
---|
800 | 800 | | S. B. 528 |
---|
801 | 801 | | - 28 - |
---|