24 LC 47 2907
Senate Bill 528
By: Senators Williams of the 25th and Harbin of the 16th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to
1
government transparency and campaign finance, so as to provide that the State Ethics2
Commission shall not accept or reject complaints made against candidates 60 days prior to3
an election; to provide that campaign and personal finance disclosure reports for local elected4
officials shall be filed with the commission instead of locally; to provide uniform reporting5
dates for campaigns for all levels of office; to remove registration requirements for6
individuals who contribute $25,000.00 or less directly to candidates or campaign committees7
in a calendar year; to provide for registration of certain political action committees; to require8
certain political action committees to maintain bank accounts; to provide disclosure reporting9
requirements for certain political action committees; to revise and make more uniform10
reporting dates for personal financial disclosure statements for office holders and candidates;11
to revise provisions related to reporting income on personal financial disclosure statements12
for office holders and candidates; to provide that the commission shall not publicly release13
home address information in its possession; to revise lobbyist reporting requirements to make 14
the reporting dates for such requirements more uniform; to increase the expenditure cap on15
lobbyists; to provide for related matters; to repeal conflicting laws; and for other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17
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SECTION 1.
18
Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government19
transparency and campaign finance, is amended by revising Code Section 21-5-7, relating20
to initiation of complaints, as follows:21
"21-5-7.22
(a)
The commission shall not initiate any investigation or inquiry into any matter under its23
jurisdiction based upon the complaint of any person, including a staff attorney employed24
by the commission, unless that person or staff attorney shall produce the same in writing25
and verify the same under oath to the best information, knowledge, and belief of such26
person, the falsification of which shall be punishable as false swearing under Code27
Section 16-10-71.28
(b) The person against whom any complaint is made shall be furnished by hand delivery29
or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy30
of the complaint by the commission within two business days of the commission's receipt31
of such complaint and prior to any other public dissemination of such complaint.32
(c) The commission shall not accept or reject a complaint made, nor issue a complaint on33
its own cognizance, against a candidate in the 60 days immediately prior to an election in34
which such candidate is seeking nomination for election or election."35
SECTION 2.36
Said chapter is further amended by revising Code Section 21-5-34, relating to campaign37
disclosure reports, as follows:38
"21-5-34.39
(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee40
organized to bring about the nomination or election of a candidate for any office and41
the chairperson or treasurer of every campaign committee designed to bring about the42
recall of a public officer or to oppose the recall of a public officer or designed to bring43
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about the approval or rejection by the voters of any proposed constitutional amendment,
44
state-wide proposed question, or state-wide referendum shall electronically sign and file45
with the commission the required campaign contribution disclosure reports; provided,
46
however, that public offices listed in subparagraph (F) or (G) of paragraph (22) of Code47
Section 21-5-3 shall be subject to signing and filing requirements as prescribed by48
paragraph (3) or (4) of this subsection, and recalls for such offices shall be subject to49
signing and filing requirements the same as required of candidates for such offices as50
prescribed by paragraph (3) or (4) of this subsection.51
(B) The chairperson or treasurer of each independent committee shall file the required52
disclosure reports with the commission.53
(2)(A) Any campaign committee which accepts contributions or makes expenditures54
designed to bring about the approval or rejection by the voters of any proposed question55
which is to appear on the ballot in this state shall register with the commission and file56
campaign contribution disclosure reports as prescribed by this chapter or, in the case57
of any proposed question which is to appear on the ballot in a county or municipal58
election, shall register and file campaign disclosure reports with the same officials as59
prescribed by paragraph (3) or (4) of this subsection for candidates for county or60
municipal offices; provided, however, that such reports shall only be required if such61
campaign committee has received contributions which total more than $500.00 or if62
such campaign committee has made expenditures which total more than $500.00. All63
advertising pertaining to referendums shall identify the principal officer of such64
campaign committee by listing or stating the name and title of the principal officer.65
(B) If a campaign committee is required to file a report with the commission under66
subparagraph (A) of this paragraph, such report shall be electronically filed. Any such67
report shall be filed 15 days prior to the date of the election; and a final report shall be68
filed prior to December 31 of the election year.69
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(3) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code70
Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee71
shall sign and file the required disclosure reports with the election superintendent in the72
county of election. Upon receipt of any such report, the election superintendent shall73
cause such report to be available for inspection and copying in accordance with Article74
4 of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each75
such report to the commission, electronically by eFiling or eFax, not later than 30 days76
after the end of the grace period. No fine, fee, or sanction, including but not limited to77
identifying a candidate as having filed late or failed to file, shall be imposed by the78
commission on a candidate for the failure of the election superintendent to timely79
transmit a copy of such report. The commission is authorized to impose civil penalties80
pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6 against an election81
superintendent who fails to properly transmit a copy of each such report, upon finding82
that said superintendent willfully failed to comply with the provisions of this chapter.83
(4) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code84
Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee85
shall sign and file the required disclosure reports with the municipal clerk in the86
municipality of election or, if there is no clerk, with the chief executive officer of the87
municipality; provided, however, that a municipality and a county may enter into an88
agreement whereby such candidates, chairpersons, or treasurers shall file the required89
disclosure reports with the county election superintendent instead. Upon receipt of any90
such report, the municipal clerk, chief executive officer of the municipality, or county91
election superintendent, as applicable, shall cause such report to be available for92
inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The93
municipal clerk, chief executive officer of the municipality, or county election94
superintendent, as applicable, shall transmit a copy of each such report to the95
commission, electronically by eFiling or eFax, not later than 30 days after the end of the96
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grace period. No fine, fee, or sanction, including but not limited to identifying a97
candidate as having filed late or failed to file, shall be imposed by the commission on a98
candidate for the failure of the municipal clerk, chief executive officer of the county, or99
county election superintendent to timely transmit a copy of such report. The commission100
is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code101
Section 21-5-6 against a municipal clerk, chief executive officer of the county, or county102
election superintendent who fails to properly transmit a copy of each such report, upon103
finding that said municipal clerk, chief executive officer of the county, or county election104
superintendent willfully failed to comply with the provisions of this chapter.105
(a.1)(1) Notwithstanding the provisions of subsection (a) of this Code section providing106
for signing and filing with the commission to the contrary, public offices listed in107
subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 shall be subject to the108
following signing and filing requirements until December 31, 2025:109
(A) A candidate for a public office listed in subparagraph (F) of paragraph (22) of110
Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign111
committee shall sign and file the required disclosure reports with the election112
superintendent in the county of election. Upon receipt of any such report, the election113
superintendent shall cause such report to be available for inspection and copying in114
accordance with Article 4 of Chapter 18 of Title 50. The election superintendent shall115
transmit a copy of each such report to the commission, electronically by eFiling or116
eFax, not later than 30 days after the end of the grace period. No fine, fee, or sanction,117
including but not limited to identifying a candidate as having filed late or failed to file,118
shall be imposed by the commission on a candidate for the failure of the election119
superintendent to timely transmit a copy of such report. The commission is authorized120
to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6121
against an election superintendent who fails to properly transmit a copy of each such122
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report, upon finding that said superintendent willfully failed to comply with the123
provisions of this chapter; or124
(B) A candidate for a public office listed in subparagraph (G) of paragraph (22) of125
Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign126
committee shall sign and file the required disclosure reports with the municipal clerk127
in the municipality of election or, if there is no clerk, with the chief executive officer128
of the municipality; provided, however, that a municipality and a county may enter into129
an agreement whereby such candidates, chairpersons, or treasurers shall file the130
required disclosure reports with the county election superintendent instead. Upon131
receipt of any such report, the municipal clerk, chief executive officer of the132
municipality, or county election superintendent, as applicable, shall cause such report133
to be available for inspection and copying in accordance with Article 4 of Chapter 18134
of Title 50. The municipal clerk, chief executive officer of the municipality, or county135
election superintendent, as applicable, shall transmit a copy of each such report to the136
commission, electronically by eFiling or eFax, not later than 30 days after the end of137
the grace period. No fine, fee, or sanction, including but not limited to identifying a138
candidate as having filed late or failed to file, shall be imposed by the commission on139
a candidate for the failure of the municipal clerk, chief executive officer of the county,140
or county election superintendent to timely transmit a copy of such report. The141
commission is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C)142
of Code Section 21-5-6 against a municipal clerk, chief executive officer of the county,143
or county election superintendent who fails to properly transmit a copy of each such144
report, upon finding that said municipal clerk, chief executive officer of the county, or145
county election superintendent willfully failed to comply with the provisions of this146
chapter.147
(2) This subsection shall stand repealed on December 31, 2025.148
(b)(1) All reports shall list the following:149
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(A) As to any contribution of more than $100.00, its amount and date of receipt, the
150
election for which the contribution has been accepted and allocated, along with the151
name and mailing address of the contributor, and, if the contributor is an individual, that152
individual's occupation and the name of his or her employer. Such contributions shall153
include, but shall not be limited to, the purchase of tickets for events such as dinners,154
luncheons, rallies, and similar fund-raising events coordinated for the purpose of raising155
campaign contributions for the reporting person;156
(B) As to any expenditure of more than $100.00, its amount and date of expenditure,157
the name and mailing address of the recipient receiving the expenditure, and, if that158
recipient is an individual, that individual's occupation and the name of his or her159
employer and the general purpose of the expenditure;160
(C) When a contribution consists of a loan, advance, or other extension of credit, the161
report shall also contain the name of the lending institution or party making the advance162
or extension of credit and the names, mailing addresses, occupations, and places of163
employment of all persons having any liability for repayment of the loan, advance, or164
extension of credit; and, if any such persons shall have a fiduciary relationship to the165
lending institution or party making the advance or extension of credit, the report shall166
specify such relationship;167
(D) Total contributions received and total expenditures shall be reported for an election168
cycle as follows:169
(i) The first report filed after an election year shall list the cash on hand brought170
forward from the previous election cycle, if any, and the total contributions received171
during the period covered by the report;172
(ii) Subsequent reports shall list the total contributions received during the period173
covered by the report and the cumulative total of contributions received during the174
election cycle;175
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(iii) The first report filed after an election year shall list the total expenditures made
176
during the period covered by the report;177
(iv) Subsequent reports shall list the total expenditures made during the period178
covered by the report, the cumulative total of expenditures made during the election179
cycle, and net balance on hand; and180
(v) If a public officer seeks reelection to the same public office, or if the public181
officer is a member of the General Assembly seeking reelection in another district as182
a result of redistricting, the net balance on hand at the end of the current election cycle183
shall be carried forward to the first report filed after the election year;184
(E) The corporate, labor union, or other affiliation of any political action committee or185
independent committee making a contribution of more than $100.00;186
(F) Any investment made with funds of a campaign committee, independent187
committee, or political action committee and held outside such committee's official188
depository account during each reporting period for which an investment exists or a189
transaction applying to an identifiable investment is made. The report shall identify the190
name of the entity or person with whom such investment was made, the initial and any191
subsequent amount of such investment if such investment was made during the192
reporting period, and any profit or loss from the sale of such investment which occurred193
during such reporting period; and194
(G) Total debt owed on the last day of the reporting period.195
(2) Each report shall be in such form as will allow for the separate identification of a196
contribution or contributions which are less than $100.00 but which become reportable197
due to the receipt of an additional contribution or contributions which when combined198
with such previously received contribution or contributions cumulatively equal or199
exceed $100.00.200
(c) Candidates or campaign committees which accept contributions, make expenditures201
designed to bring about the nomination or election of a candidate, or have filed a202
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declaration of intention to accept campaign contributions pursuant to subsection (g) of
203
Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance204
with the following schedule:205
(1) In each nonelection year on January 31, April 30, July 31, and October 15;
:206
(A) Candidates for public office and public officers as defined in subparagraphs (A),207
(C), and (D) of paragraph (22) of Code Section 21-5-3 shall file on January 31 and208
June 30.209
(B) Candidates for public office and public officers as defined in subparagraphs (B),210
(F), and (G) of paragraph (22) of Code Section 21-5-3 shall file on June 30 and211
December 31;212
(2) In each election year:213
(A) On January 31, April 30, July 31, and October 15 June 30, September 30, October214
25, and December 31;215
(B) Six days before any run-off primary or election in which the candidate is listed on216
the ballot; and217
(C) During the period of time between the last report due prior to the date of any218
election for which the candidate is qualified and the date of such election, all219
contributions of $1,000.00 or more shall be reported within two business days of receipt220
and also reported on the next succeeding regularly scheduled campaign contribution221
disclosure report; provided, however, that this subparagraph shall only apply to222
contributions of $1,000.00 or more that are designated for the same actual election as223
the one for which the individual is currently a candidate. Nothing in this Code section224
shall be construed to require a contribution of $1,000.00 or more that is designated as225
a general election contribution to be reported during the two business day report period226
of a primary election;227
(3) If the candidate is a candidate in a special primary or special primary runoff, 15 days228
prior to the special primary and six days prior to the special primary runoff; and229
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(4) If the candidate is a candidate in a special election or special election runoff, 15 days
230
prior to the special election and six days prior to the special election runoff.231
All persons or entities required to file reports shall have a five-day
15 day grace period in232
filing the required reports, except that the grace period shall be two days for required233
reports prior to run-off primaries or run-off elections, and no grace period shall apply to234
contributions required to be reported within two business days. Reports required to be filed235
within two business days of a contribution shall be reported by facsimile or electronic236
transmission. Any facsimile filing shall also have an identical electronic filing within five237
business days following the transmission of such facsimile filing. Each report required in238
the election year shall contain cumulative totals of all contributions which have been239
received and all expenditures which have been made in support of the campaign in question240
and which are required, or previously have been required, to be reported.241
(d) In the event any candidate covered by this chapter has no opposition in either a primary242
or a general election and receives no contribution of more than $100.00, such candidate243
shall only be required to make the initial and final report as required under this chapter.244
(d.1)(1) In the event a candidate for nomination or election to a public office listed in245
subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or246
treasurer of a campaign committee organized to bring about the nomination or election247
of such candidate signs and files with the appropriate official specified by paragraph (3)248
or (4) of subsection (a) of this Code section a written notice that such candidate or249
campaign committee does not intend to accept during such election cycle a combined250
total of contributions exceeding $2,500.00 for the campaign nor make a combined total251
of expenditures exceeding $2,500.00 for the campaign in such election cycle, then such252
candidate or campaign committee shall not be required to file a report under this Code253
section. The appropriate official shall transmit an electronic copy of the written notice254
by eFiling or eFax to the commission within ten days of receipt of such notice. The255
failure of the appropriate official to timely transmit such copy of the written notice to the256
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commission shall not disqualify the candidate or campaign committee from the257
exemption from report filing provided by this paragraph.258
(2) If such candidate or campaign committee exceeds the $2,500.00 limit for either259
accepting contributions or making expenditures for such campaign during such election260
cycle as specified in paragraph (1) of this subsection but does not accept a combined total261
of contributions exceeding $5,000.00 in such election cycle nor make expenditures262
exceeding $5,000.00 in such election cycle, then such candidate or campaign committee263
shall be required to file only the June 30 and December 31 reports required by264
paragraph (2) of subsection (c) of this Code section. The first such report shall include265
all contributions received and expenditures made beginning January 1 of such calendar266
year.267
(3) If such candidate or campaign committee accepts a combined total of contributions268
exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign269
during any such election cycle, then such candidate or campaign committee chairperson270
or treasurer shall thereupon be subject to the reporting requirements of this Code section271
the same as if the written notice authorized by this subsection had not been filed.272
(e) Any person who makes contributions to, accepts contributions for, or makes273
expenditures on behalf of candidates, and any independent committee, shall file a274
registration in the same manner as is required of campaign committees prior to accepting275
or making contributions or expenditures. Such persons, other than independent276
committees, shall also file campaign contribution disclosure reports at the same times as277
required of the candidates they are supporting and a December 31 campaign contribution278
disclosure report regardless of whether the candidate they are supporting has a279
December 31 campaign contribution disclosure report due. The following persons shall280
be exempt from the foregoing registration and reporting requirements:281
(1) Individuals making aggregate contributions of $25,000.00 or less directly to282
candidates or the candidates' campaign committees in one calendar year;283
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(2) Persons other than individuals making aggregate contributions and expenditures to284
or on behalf of candidates of $25,000.00 or less in one calendar year; and285
(3) (2) Contributors who make contributions to only one candidate during one calendar286
year.287
(e.1) Any political action committee which makes contributions to, accepts contributions288
for, or makes expenditures on behalf of candidates shall file a registration in the same289
manner as is required of campaign committees prior to accepting or making contributions290
or expenditures. Prior to such registration, such political action committee shall open a291
bank account in the name of such committee. Such political action committee shall292
maintain such bank account until the political action committee is terminated. Such293
political action committee shall also file campaign contribution disclosure reports on294
January 31, April 30, July 31, and October 15 until the bank account required by this295
subsection has been zeroed out and the political action committee has been terminated.296
(f)(1) Any independent committee which accepts contributions or makes expenditures297
for the purpose of affecting the outcome of an election or advocates the election or defeat298
of any candidate shall register with the commission prior to accepting contributions or299
making expenditures and shall file disclosure reports as follows:300
(A) On the first day of each of the two calendar months preceding any such election;301
(B) Two weeks prior to the date of such election; and302
(C) Within the two-week period prior to the date of such election the independent303
committee shall report within two business days any contributions or expenditure of304
more than $1,000.00.305
The independent committee shall file a final report prior to December 31 of the election306
year and shall file supplemental reports on June 30 and December 31 of each year that307
such independent committee continues to accept contributions or make expenditures.308
(2) Reports filed by independent committees shall list the following:309
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(A) The amount and date of receipt, along with the name, mailing address, occupation,
310
and employer of any person making a contribution of more than $100.00;311
(B) The name, mailing address, occupation, and employer of any person to whom an312
expenditure or provision of goods or services of the value of more than $100.00 is made313
and the amount, date, and general purpose thereof, including the name of the candidate314
or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the315
expenditure or provision was made;316
(C) Total expenditures made as follows:317
(i) Expenditures shall be reported for the applicable reporting year;318
(ii) The first report of a reporting year shall list the total expenditures made during319
the period covered by the report; and320
(iii) Subsequent reports shall list the total expenditures made during the period321
covered by the report, the cumulative total of expenditures made during the reporting322
year, and net balance on hand; and323
(D) The corporate, labor union, or other affiliation of any political action committee,324
candidate, campaign committee, or independent committee making a contribution of325
the value of more than $100.00.326
(3) Whenever any independent committee makes an expenditure for the purpose of327
financing any communication intended to affect the outcome of an election, such328
communication shall clearly state that it has been financed by such independent329
committee.330
(g) Any campaign committee which accepts contributions or makes expenditures designed331
to bring about the recall of a public officer or to oppose the recall of a public officer shall332
file campaign contribution disclosure reports as follows:333
(1) An initial report shall be filed within 15 days after the date when the official recall334
petition forms were issued to the sponsors;335
(2) A second report shall be filed 45 days after the filing of the initial report;336
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(3) A third report shall be filed within 20 days after the election superintendent certifies
337
legal sufficiency or insufficiency of a recall petition; and338
(4) A final report shall be filed prior to December 31 of the year in which the recall339
election is held or, in any case where such recall election is not held, a final report shall340
be filed prior to December 31 of any year in which such campaign committee accepts341
such contributions or makes such expenditures.342
(h) Any campaign committee which accepts contributions or makes expenditures designed343
to bring about the approval or rejection by the voters of a proposed constitutional344
amendment or a state-wide referendum shall file a campaign contribution disclosure345
report 75, 45, and 15 days prior to the date of the election and shall file a final report prior346
to December 31 of the election year.347
(i)(1) Any person elected to a public office who is required to file campaign contribution348
disclosure reports pursuant to this article shall, upon leaving public office with excess349
contributions, be required to file supplemental campaign contribution disclosure reports350
on June 30 and December 31
January 31, April 30, July 31, and October 15 of each year351
until such contributions are expended in a campaign for elective office or used as352
provided in subsection (b) of Code Section 21-5-33.353
(2) Any person who is an unsuccessful candidate in an election and who is required to354
file campaign contribution disclosure reports pursuant to this article shall for the355
remainder of the election cycle file such reports at the same times as a successful356
candidate and thereafter, upon having excess contributions from such campaign, be357
required to file a supplemental campaign contribution disclosure report no later than358
December 31 on January 31, April 30, July 31, and October 15 of each year until such359
contributions are expended in a campaign for elective office or used as provided in360
subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who361
is required to file campaign contribution disclosure reports pursuant to this article and362
who receives contributions following such election to retire debts incurred in such363
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campaign for elective office shall be required to file a supplemental campaign
364
contribution disclosure report no later than December 31
on January 31, April 30, July365
31, and October 15 of each year until such unpaid expenditures from such campaign are366
satisfied. Such reports shall be current through the end of the preceding month.367
(j) Notwithstanding any other provision of this chapter to the contrary, soil and water368
conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the369
'Soil and Water Conservation Districts Law,' shall not be required to file campaign370
contribution disclosure reports under this Code section.371
(k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00372
shall be imposed by the person or entity with which filing is required for each report that373
is filed late, and notice of such late fee shall be sent to the candidate and the candidate's374
committee in the same manner by which the penalized report was filed with the375
commission. However, if the report in question was not filed or was filed with the376
commission in a manner other than electronic filing or certified mail, return receipt377
requested, the commission shall utilize certified mail, return receipt requested, to notify378
the candidate and the candidate's committee of the late fee due. The notice shall include379
the schedule of increasing late fees for late filings and the dates upon which such late fees380
shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day381
after the due date for such report if the report has not been filed by such date. A late fee382
of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if383
such report has not been filed. Notice by electronic means does not satisfy the384
requirements of this paragraph; and any increased late fees shall be stayed until at least385
ten days after proper notice has been given as specified in this paragraph.386
(2) The commission shall retain $25.00 of the first late fee received by the commission387
for processing pursuant to the provisions of Code Section 45-12-92.1.388
(l) It shall be the duty of the commission or other official when it receives for filing any389
disclosure report or statement or other document that may be filed by mail to maintain with390
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the filed document a copy of the postal markings or statutory overnight delivery service
391
markings of any envelope, package, or wrapping in which the document was delivered for392
filing if mailed or sent after the date such filing was due.393
(m) Any person or entity which is required to be registered under this Code section shall394
file a termination statement together with its final campaign contribution disclosure report395
as required by this Code section within ten days of the dissolution of a campaign or396
committee. The termination statement shall identify the person responsible for maintaining397
campaign records as required by this chapter."398
SECTION 3.399
Said chapter is further amended in Code Section 21-5-50, relating to filing by public officers,400
filing by candidates for public office, filing by elected officials and members of the General401
Assembly, and electronic filing, by revising subsections (a) and (c) as follows:402
"(a)(1) Except as modified in subsection (c) of this Code section with respect to403
candidates for state-wide elected public office:
404
(A) Each each public officer, as defined in subparagraphs (A) through (D) of paragraph405
(22) of Code Section 21-5-3, and each person who qualifies as a candidate for election406
to any such public office shall file with the commission not before the first day of407
January nor no later than July April 1 of each year in which such public officer holds408
office other than an election year a financial disclosure statement for the preceding409
calendar year; and410
(B) Each each person who qualifies in a special election as a candidate for election as411
a public officer, as defined in subparagraphs (A) through (D) of paragraph (22) of Code412
Section 21-5-3, shall file with the commission, no later than the fifteenth day following413
the date of qualifying as a candidate, a financial disclosure statement for the preceding414
calendar year.415
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(2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in
416
subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file417
a financial disclosure statement pursuant to this Code section. Each such public officer418
shall, however, be deemed to be a public official for purposes of Code Section 45-10-26419
and shall be subject to the disclosure requirements set forth in Code Section 45-10-26. 420
In addition, each such public officer shall file with the commission, prior to January 31421
each year, an affidavit confirming that such public officer took no official action in the422
previous calendar year that had a material effect on such public officer's private financial423
or business interests; provided, however, that, if a public officer as defined in424
subparagraph (E) of paragraph (22) of Code Section 21-5-3 has previously filed or is425
subject to filing a financial disclosure statement with the commission pursuant to this426
paragraph, and said financial disclosure statement covers the same calendar year as would427
be covered by the affidavit required by this Code section, the public officer shall be428
exempted from filing an affidavit. No retired judge or senior judge of any court of this429
state shall be required to file an affidavit pursuant to this Code section.430
(3) A public officer, as defined in subparagraph (E) of paragraph (22) of Code431
Section 21-5-3, who serves as a member of the commission shall be subject to the432
requirements for filing financial disclosure statements set forth in paragraph (1) of this433
subsection. In addition, each such public officer shall file with the commission, together434
with the financial disclosure statement, an affidavit confirming that such public officer435
took no official action in the previous calendar year that had a material effect on such436
public officer's private financial or business interests.437
(3.1) Until December 31, 2025, a
A public officer and candidates for election as a public438
officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section439
21-5-3, shall make filings of the same kind and in the same manner as provided in440
paragraph (1) of this subsection for other public officers and candidates for election as441
a public officer except that filings under this paragraph shall be made with the election442
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superintendent of the county in the case of public officers and candidates for election as
443
a public officer as defined in said subparagraph (F) and shall be made with the municipal444
clerk in the municipality of election or, if there is no clerk, with the chief executive445
officer of the municipality in the case of public officers as defined in said subparagraph446
(G). The election superintendent, municipal clerk, or chief executive officer, as447
applicable, shall transmit, electronically by eFiling or eFax, a copy of each such report448
to the commission not later than 30 days after the close of the reporting period. No fine,449
fee, or sanction, including but not limited to identifying a public officer or candidate for450
election as a public officer as having filed late or failed to file, shall be imposed by the451
commission on the public officer or candidate for election as a public officer for the452
failure of the election superintendent, municipal clerk, or chief executive officer to timely453
transmit a copy of such report. As of January 1, 2026, such public officers and
454
candidates shall file disclosure statements with the commission in the same manner455
provided for in paragraph (1) of this subsection.456
(4) Each member of the State Transportation Board shall file a financial disclosure457
statement for the preceding calendar year no later than the sixtieth day following such458
member's election to the State Transportation Board. Thereafter, each board member459
shall file by January 31 April 1 of each year a financial disclosure statement for the460
preceding year. In addition, each board member shall file with the commission, prior to461
January 31 April 1 of each year, an affidavit confirming that such board member took no462
official action in the previous calendar year that had a material effect on such board463
member's private financial or business interests.464
(5) The commission or the applicable official under paragraph (3.1) of this subsection465
shall review each financial disclosure statement to determine that such statement is in466
compliance with the requirements of this chapter.467
(6) A public officer shall not, however, be required to file such a financial disclosure468
statement for the preceding calendar year in an election year if such public officer does469
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not qualify for nomination for election to succeed himself or herself or for election to any
470
other public office subject to this chapter. For purposes of this paragraph, a public officer471
shall not be deemed to hold office in a year in which the public officer holds office for472
fewer than 15 days."473
"(c)(1) Each person who qualifies with a political party as a candidate for party474
nomination to a public office elected state wide,
(including an incumbent public officer475
elected state wide qualifying to succeed himself or herself), shall file with the476
commission, not later than seven days after so qualifying April 1 of such election year,477
a financial disclosure statement. Each person who qualifies as a candidate for election478
to a public office elected state wide through a nomination petition or convention shall479
likewise file a financial disclosure statement not later than seven days after filing his or480
her notice of candidacy April 1 of such election year. Such financial disclosure statement481
shall comply with the requirements of subsections (a) and (b) of this Code section and482
shall in addition identify, for the preceding five calendar years:483
(A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar484
year in which the candidate (whether for himself or herself or on behalf of any485
business) or any business in which such candidate or any member of his or her family486
has a substantial interest or is an officer of such business has transacted business with487
the government of the State of Georgia, the government of any political subdivision of488
the State of Georgia, or any agency of any such government; and489
(B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar490
year in which the candidate or any business in which such candidate or any member of491
his or her family has a substantial interest or is an officer of such business received any492
income of any nature from any person who was at the time of such receipt of income493
represented by a lobbyist registered with the commission pursuant to Article 4 of this494
chapter.495
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(2) The financial disclosure statement required by paragraph (1) of this subsection shall
496
include an itemized list of the transactions required to be reported, including the date of,497
dollar amount of, and parties to each such transaction. However, with respect to any498
transactions of a privileged nature only the total amount of such transactions shall be499
required to be reported, and names, dates, amounts of individual transactions, and other500
identifying data may be omitted; and for this purpose 'transactions of a privileged nature'501
shall include transactions between attorney and client, transactions between psychiatrist502
and patient, transactions between physician and patient, and any other transactions which503
are by law of a similar privileged and confidential nature.504
(3) The financial disclosure statement required by paragraph (1) of this subsection shall505
be accompanied by a financial statement of the candidate's financial affairs for the five506
calendar years prior to the year in which the election is held and the first quarter of the507
calendar year in which the election is held.508
(3.1) The financial disclosure statement required by paragraph (1) of this subsection shall509
include the source or sources of the candidate's income for the five calendar years prior510
to the year in which the election is held and the first quarter of the calendar year in which
511
the election is held.512
(4) As used in this subsection, the term:513
(A) 'Agency' means any agency, authority, department, board, bureau, commission,514
committee, office, or instrumentality of the State of Georgia or any political subdivision515
of the State of Georgia.516
(B) 'Financial statement' means a statement of a candidate's financial affairs in a form517
substantially equivalent to the short form financial statement required for bank directors518
under the rules of the Department of Banking and Finance which details the source and519
type of income with an indication of which of the following categories the amount or520
value of such item of income is within:521
(i) Not more than $1,000.00;522
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(ii) Greater than $1,000.00 but not more than $2,500.00;523
(iii) Greater than $2,500.00 but not more than $5,000.00;524
(iv) Greater than $5,000.00 but not more than $15,000.00;525
(v) Greater than $15,000.00 but not more than $50,000.00;526
(vi) Greater than $50,000.00 but not more than $100,000.00;527
(vii) Greater than $100,000.00 but not more than $1 million;528
(viii) Greater than $1 million but not more than $5 million; or529
(ix) Greater than $5 million.530
(C) 'Person' and 'transact business' shall have the meanings specified in Code531
Section 45-10-20.532
(D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more533
of the assets or stock of any business.534
(5) Notwithstanding any other provisions of this subsection, if, due to a special election535
or otherwise, a person does not qualify as a candidate for nomination or election to public536
office until after the filing date otherwise applicable, such person shall make the filings537
required by this subsection within seven days after so qualifying."538
SECTION 4.539
Said chapter is further amended by revising Code Section 21-5-51, relating to inspection and540
copying of financial disclosure statements, as follows:541
"21-5-51.542
(a) Financial disclosure statements filed pursuant to this article shall be public records and543
shall be subject to inspection and copying by any member of the public as provided by law544
for other public records.545
(b) Notwithstanding subsection (a) of this Code section or any provision of Chapter 18 of546
Title 50 to the contrary, the commission shall redact any identifiable home addresses from547
any records the commission discloses, posts, or releases to the public."548
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SECTION 5.
549
Said chapter is further amended in Code Section 21-5-70, relating to definitions, by revising 550
paragraphs (1) and (4.1) as follows:551
"(1) 'Expenditure': 552
(A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance553
of money or anything of value made for the purpose of influencing the actions of any554
public officer, specifically including any such transaction which is made on behalf of555
or for the benefit of a public employee for the purpose of influencing a public officer; 556
(B) Includes any other form of payment when such can be reasonably construed as557
designed to encourage or influence a public officer; 558
(B.1) Includes reimbursement or payment of expenses exceeding $75.00
$250.00559
provided to a public officer from any individual lobbyist for transportation, travel,560
lodging, registration, food, and beverages; 561
(C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of562
money, services, tickets for admission to athletic, sporting, recreational, musical563
concert, or other entertainment events, or anything of value, unless consideration of564
equal or greater than face value is received;565
(D) Includes reimbursement or payment of expenses for recreational or leisure566
activities; and567
(E) Does not include anything defined in paragraph (4.1) of this Code section as a568
lobbying expenditure, the provisions of subparagraphs (A) through (D) of this569
paragraph notwithstanding."570
"(4.1) 'Lobbying expenditure' means:571
(A) Promotional items generally distributed to the general public or to public officers572
and food and beverages produced in Georgia;573
(B) An award, plaque, certificate, memento, or similar item given in recognition of the574
recipient's civic, charitable, political, professional, or public service;575
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(C) Discounts, upgrades, memberships, or other accommodations extended by a
576
business to a bona fide customer; or legitimate salary, benefits, fees, commissions, or577
expenses associated with a recipient's nonpublic business, employment, trade, or578
profession;579
(D) Food, beverages, and registration at group events to which all members of an580
agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are581
invited. For purposes of this subparagraph, an agency shall also include the House of582
Representatives, the Senate, standing committees of such bodies but not for more than583
one of such group events per committee per calendar year, caucuses of members of the584
majority or minority political parties of the House or Senate, other caucuses of the585
House or Senate as approved by the House Committee on Ethics or the Senate Ethics586
Committee, and the governing body of each political subdivision of this state;587
(E) Campaign contributions or expenditures as defined by Code Section 21-5-3 and588
reported as required by Article 2 of this chapter;589
(F) Reimbursement or payment of actual and reasonable expenses provided to a public590
officer and his or her necessary public employee staff members for such public officer's591
and staff members' individual transportation, lodging, travel, and registration for592
attending educational, informational, charitable, or civic meetings or conferences that593
are held at locations within the United States and directly relate to the official duties of594
that public officer or the office of that public officer, plus food and beverages for such595
public officer, his or her necessary public employee staff members, and spouse while596
attending such educational, informational, charitable, or civic meetings or conferences; 597
(G) Anything which:598
(i) Does not qualify as a lobbying expenditure under subparagraphs (A) through (F)599
of this paragraph; and600
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(ii) Would qualify as an expenditure under subparagraph (B.1) of paragraph (1) of
601
this Code section except that it does not exceed an amount or value of $75.00
$250.00602
per person."603
SECTION 6.604
Said chapter is further amended in Code Section 21-5-73, relating to lobbyist disclosure605
reports, by revising subsections (b), (c), (d), and (e) as follows:606
"(b) A person who is required to register under this article and:607
(1) Lobbies lobbies to promote or oppose the passage of any legislation by the General608
Assembly, or any committee of either chamber or a joint committee thereof, or the609
approval or veto of legislation by the Governor: shall file a semimonthly disclosure report610
on the first and fifteenth day of each month, current through the end of the preceding611
report, beginning January 15 and continuing throughout the period that the General612
Assembly is in session.613
(2) Lobbies to promote or oppose the passage of any ordinance or resolution by a public614
officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,615
or any committee of such public officers, or the approval or veto of any such ordinance616
or resolution;617
(3) Lobbies to promote or oppose the passage of any legislation by the General618
Assembly, or any committee of either chamber or a joint committee thereof, or the619
approval or veto of legislation by the Governor;620
(4) As an employee of the executive branch or judicial branch of local government,621
lobbies to promote or oppose the passage of any ordinance or resolution by a public622
officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,623
or any committee of such public officers, or the approval or veto of any such ordinance624
or resolution;625
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(5) Lobbies to influence a public officer or state agency in the selection of a vendor to626
supply any goods or services to any state agency; or627
(6) Lobbies to promote or oppose any matter before the State Transportation Board628
shall file a monthly disclosure report, current through the end of the preceding period, on629
or before the fifth day of each month.630
(c) In addition to the requirements of subsection (b) of this Code section, a A person who631
is required to register under this article and lobbies to promote or oppose the passage of any632
ordinance or resolution by a public officer specified under subparagraph (F) or (G) of633
paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the634
approval or veto of any such ordinance or resolution shall: file a disclosure report on or635
before the fifth day of each month, provided that all persons or entities required to file such636
reports shall have a five-day grace period in filing the required reports.637
(1) File a disclosure report, current through the end of the preceding month, on or before638
the fifth day of May, September, and January of each year instead of the reports required639
by subsections (b) and (d) of this Code section; and640
(2) File such report with the commission, file a copy of such with the election641
superintendent of each county involved if the report contains any lobbying expenditures642
relating to county or county school district affairs, and file a copy of such report with the643
municipal clerk (or if there is no municipal clerk, with the chief executive officer of the644
municipality) of each municipality involved if the report contains any lobbying645
expenditures relating to municipal affairs or independent school district affairs.646
(d) A person who is required to register under this article and:647
(1) Lobbies to promote or oppose the passage of any legislation by the General648
Assembly, or any committee of either chamber or a joint committee thereof, or the649
approval or veto of legislation by the Governor;650
(2) As an employee of the executive branch or judicial branch of local government,651
lobbies to promote or oppose the passage of any ordinance or resolution by a public652
S. B. 528
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officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,653
or any committee of such public officers, or the approval or veto of any such ordinance654
or resolution;655
(3) Lobbies to influence a public officer or state agency in the selection of a vendor to656
supply any goods or services to any state agency; or657
(4) Lobbies to promote or oppose any matter before the State Transportation Board658
shall file a monthly disclosure report, current through the end of the preceding period, on659
or before the fifth day of each month; provided, however, that such monthly reports shall660
not be filed during any period that the lobbyist files a semimonthly report pursuant to661
subsection (b) of this Code section.662
(d) Reserved.663
(e) Reports filed by lobbyists shall be verified and shall include: 664
(1) A description of all lobbying expenditures described in subparagraphs (D), (F),665
and (G) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made on behalf666
of or for the benefit of a public officer or on behalf of or for the benefit of a public667
employee for the purpose of influencing a public officer by the lobbyist or employees of668
the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has669
actual knowledge of such lobbying expenditure. The description of each reported670
lobbying expenditure shall include: 671
(A) The name and title of the public officer or public employee or, if the lobbying672
expenditure is simultaneously incurred for an identifiable group of public officers or673
public employees the individual identification of whom would be impractical, a general674
description of that identifiable group; 675
(B) The amount, date, and description of the lobbying expenditure and a summary of676
all spending classified by category. Such categories shall include meals, lodging,677
travel, and tickets; 678
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(C) The aggregate lobbying expenditures described in subparagraph (D) of
679
paragraph (4.1) of Code Section 21-5-70 incurred during the reporting period; provided,680
however, that expenses for travel and for food, beverage, and lodging in connection681
therewith afforded a public officer or public employee shall be reported in the same682
manner as under subparagraphs (A), (B), and (D) of this paragraph; 683
(D) If applicable, the number of the bill, resolution, ordinance, or regulation pending684
before the governmental entity in support of or opposition to which the lobbying685
expenditure was made; and686
(E) If applicable, the rule or regulation number or description of the rule or regulation687
pending before the state agency in support of or opposition to which the lobbying688
expenditure was made; 689
(1.1) In any case where lobbying expenditures are reported pursuant to subparagraph (A)690
of paragraph (1) of this subsection for an identifiable group not listed in subparagraph (D)691
of paragraph (4.1) of Code Section 21-5-70, the lobbyist shall certify on the disclosure692
report that no lobbying expenditure made on behalf of or for the benefit of any individual693
public officer exceeded $75.00
$250.00; 694
(2) For those who are required to register under this article and lobby to influence a695
public officer or state agency in the selection of a vendor to supply any goods or services696
to any state agency, the name of any vendor or vendors for which the lobbyist undertook697
to influence the awarding of a contract or contracts by any state agency together with a698
description of the contract or contracts and the monetary amount of the contract or699
contracts; and700
(3) For those who are required to register under this article and lobby to promote or701
oppose the passage of any rule or regulation of any state agency, the name of the702
individual or entity for which the lobbyist undertook to influence the rule or regulation703
of a state agency."704
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SECTION 7.
705
All laws and parts of laws in conflict with this Act are repealed.706
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