25 LC 47 3469 Senate Resolution 292 By: Senators Cowsert of the 46th, Kennedy of the 18th, Gooch of the 51st, Dolezal of the 27th, Anavitarte of the 31st and others ADOPTED SENATE A RESOLUTION Authorizing the Senate Special Committee on Investigations to investigate additional 1 matters; to authorize the use of compulsory process to secure the attendance of witnesses or2 the production of documents and materials related to such additional matters; and for other3 purposes.4 WHEREAS, on January 15, 2025, the State Ethics Commission agreed to a settlement of a5 long-running ethics investigation into the New Georgia Project and the associated New6 Georgia Action Fund, both of which were founded by Stacey Abrams, that resulted in the7 payment of a $300,000.00 fine, the largest fine for an ethics violation in Georgia history; and8 WHEREAS, as part of such settlement, the New Georgia Project and the New Georgia9 Action Fund admitted to 16 violations of Georgia campaign finance laws by illegally raising10 $4.2 million in donations and spending $3.2 million of dark money in support of Stacey11 Abrams' 2018 campaign for Governor and the state-wide campaigns of other Democrats12 running in the 2018 general election; and13 WHEREAS, the New Georgia Project and the New Georgia Action Fund also admitted to14 illegally raising $646,000.00 in contributions and making $174,000.00 in dark money15 S. R. 292 - 1 - 25 LC 47 3469 expenditures in support of a referendum seeking to have Gwinnett County join the 16 Metropolitan Atlanta Rapid Transit Authority; and17 WHEREAS, such funds were used for establishing field offices, canvassing activities,18 campaign literature promoting Stacey Abrams and other state-wide candidates, and social19 media engagement by the purportedly nonpartisan New Georgia Project and New Georgia20 Action Fund; and 21 WHEREAS, it is reported that Rick Thompson, the vice chairman of the State Ethics22 Commission, lamented that the actions of the New Georgia Project and the New Georgia23 Action Fund should be criminal because of the significant impact secret money can have on 24 elections; and25 WHEREAS, in February 2025, Lee Zeldin, the administrator of the federal Environmental26 Protection Agency, announced that another organization with ties to Stacey Abrams, Power27 Forward Communities, was awarded a $2 billion dollar grant in 2024; and28 WHEREAS, Administrator Zeldin stated that such grant was governed by a grant agreement29 that provided for the funds to be disbursed within 21 days, with such disbursements made at30 the discretion of the organization more than 60 days before the organization was required to31 complete training on preparing a budget; and 32 WHEREAS, inquiry into the foregoing issues may show that existing state laws, including33 those establishing processes related to campaign finance and the operation of nonprofit34 organizations, are inadequate to address various legal and fiscal issues raised by the alleged35 and admitted conduct of multiple organizations with connections to Stacey Abrams; and36 S. R. 292 - 2 - 25 LC 47 3469 WHEREAS, such inquiry is necessary to determine whether Georgia laws related to 37 campaign finance and ethics need to be strengthened to eliminate coordination between38 campaigns and advocacy organizations, or whether additional resources are necessary for39 state enforcement and oversight of such activities; and 40 WHEREAS, such inquiry is necessary to determine if any link exists between organizations 41 receiving federal funds and political activities occurring within the State of Georgia such as42 the alleged and admitted conduct by multiple organizations associated with Stacey Abrams43 and whether additional state law or enforcement tools are necessary to address such illegal44 coordination and misuse of public funds; and45 WHEREAS, the General Assembly, of which the Senate is a part, has "the power to make46 all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the47 United States, which it shall deem necessary and proper for the welfare of the state"; see Ga.48 Const. Art. III, Sec. VI, Para. I; and49 WHEREAS, the General Assembly is further specifically empowered by the Constitution of50 the State of Georgia to pass legislation regarding the conducting of elections, see Ga. Const.51 Art. II, Sec. I, Para. I; and52 WHEREAS, the Senate has the inherent power and authority to conduct investigations into53 any matter relevant to the administration and enforcement of existing laws, proposals for new54 or amended laws, and any other matter germane to its role as part of the legislative branch55 of state government; and56 WHEREAS, the superior court of the Atlanta Judicial Circuit has considered the question of57 the Senate's authority to create the Special Committee on Investigations, see Willis v. The58 S. R. 292 - 3 - 25 LC 47 3469 Georgia Senate Special Committee on Investigations, et al., Civil Action No. 24CV011204 59 (Ga. Super. Dec. 23, 2024); and60 WHEREAS, the Superior Court in Willis agreed and acknowledged that precedent maintains61 that the "inherent powers of our State General Assembly are awesome … The legislature is62 absolutely unrestricted in its power to legislate, so long as it does not undertake to enact63 measures prohibited by the State or Federal Constitution," Willis at 2 (citing Ga. Power Co.64 v. Allied Chem. Corp., 233 Ga. 558, 565 (citing Sears v. State of Georgia, 232 Ga. 547,65 553-54)); and 66 WHEREAS, the Willis court further recognized that the "State Constitution authorizes each67 chamber to adopt its own rules and create committees … Here, the Senate, as a chamber,68 empowered itself to issue subpoenas, which it was authorized to do," Willis at 3 (citing Ga.69 Const. Art. III, Sec. IV, Par. IV; Coggin v. Davey, 233 Ga. 407, 411); and70 WHEREAS, such inherent powers also include the authority to create special committees for71 the purpose of conducting investigations and to endow such committees with all the inherent72 powers of investigation possessed by the Senate, including the power to compel the73 appearance and testimony of witnesses and the production of records and the power to place74 witnesses under oath or affirmation; and75 WHEREAS, in addition to such inherent powers, Code Sections 45-15-17 and 45-15-1976 empower the General Assembly to make investigations into the affairs of the state and further77 authorize compelling the appearance and testimony of witnesses and the production of78 records and grants, the power to place witnesses under oath or affirmation, and to enforce79 subpoenas issued pursuant thereto; and80 S. R. 292 - 4 - 25 LC 47 3469 WHEREAS, Article III, Section IV, Paragraph IV of the Georgia Constitution provides for 81 the creation of interim committees pursuant to the authority of the General Assembly or of82 either house; and83 WHEREAS, on January 13, 2025, the Senate adopted Senate Resolution 5 to recreate and84 reauthorize the Senate Special Committee on Investigations, and empowered such committee85 to investigate alleged and admitted misconduct by Fani Willis, the district attorney for the86 Atlanta Judicial Circuit; and87 WHEREAS, Senate Resolution 5 authorized the Senate Special Committee on Investigations88 to undertake a legislative investigation, and granted such committee the power to administer89 oaths, call parties to testify under oath, require the attendance of witnesses and the production90 of books, records, and papers; and91 WHEREAS, Senate Resolution 5 further authorized the Senate Special Committee on92 Investigations to issue subpoenas for witnesses or to compel the production of books,93 records, or papers, and authorized such committee to take such actions as it deems necessary; 94 and95 WHEREAS, in the exercise of the aforesaid powers, it is necessary to determine whether the96 conduct of various organizations associated with Stacey Abrams should be addressed by the97 enactment of new or amended laws of state-wide application, prompt some change in state98 enforcement of campaign finance and ethics laws, or both; and99 WHEREAS, it is the sense of the Senate that such issues arising from or relating to the100 alleged and admitted conduct of various organizations associated with Stacey Abrams are101 S. R. 292 - 5 - 25 LC 47 3469 best examined by a select group of Senators who, acting as a special committee, shall be 102 empowered to exercise each of the Senate's inherent and statutory powers of investigation.103 NOW, THEREFORE, BE IT RESOLVED BY THE SENATE:104 (1) Expansion of Authority Already Delegated to the Senate Special Committee. 105 The Senate hereby authorizes and empowers the Senate Special Committee on106 Investigations, established by Senate Resolution 5 to investigate and report upon the107 additional matters outlined in this resolution, and that such investigations and reports108 shall be in addition to, not in lieu of, the investigations authorized in Senate Resolution109 5.110 (2) Members and officers. The existing members and officers of the Senate Special111 Committee on Investigations shall remain as originally provided for in Senate Resolution112 5.113 (3) Powers and duties. The committee is hereby authorized to undertake an expanded114 legislative investigation into the issues mentioned above or related thereto. For the115 purpose of conducting any expanded investigation as provided herein, the committee116 shall have the same power to administer oaths; to call any party to testify under oath at117 such investigations; to require the attendance of witnesses and the production of books,118 records, and papers; and to take the depositions of witnesses as provided for in Senate 119 Resolution 5. For such purposes, the committee is reauthorized to issue subpoenas for120 any witness or to compel the production of any books, records, or papers and is further121 reauthorized to undertake such actions as may be necessary to enforce such subpoenas122 in cases of refusal to obey. 123 (4) Rules and meetings. Operation and meetings of the Senate Special Committee on124 Investigations carrying out the expanded investigatory powers granted in this resolution125 shall be governed by the provisions of Senate Resolution 5 regarding the rules and126 S. R. 292 - 6 - 25 LC 47 3469 meetings of such committee to enable the committee to exercise fully and effectively its 127 powers, perform its duties, and accomplish the objectives and purposes of this resolution.128 (5) Funding. Funds necessary to carry out the provisions of this resolution shall come129 from funds appropriated to the Senate.130 (6) Report.131 (A) In the event the committee adopts any specific findings or recommendations that132 include suggestions for proposed legislation or changes in appropriations, the133 chairperson shall file a report of the same, subject to subparagraph (C) of this134 paragraph.135 (B) In the event the committee adopts a report that does not include suggestions for136 proposed legislation or changes in appropriations, the chairperson shall file the report,137 subject to subparagraph (C) of this paragraph.138 (C) No report shall be filed unless the same has been approved by majority vote of a139 quorum of the committee. A report so approved shall be signed by the chairperson of140 the committee and filed with the Secretary of the Senate.141 (D) In the absence of an approved report, the chairperson may file with the Secretary142 of the Senate a copy of the minutes of the meetings of the committee in lieu thereof.143 S. R. 292 - 7 -