Contributions to Influence Official Action Prohibited; Penalty

1. Law
2. Georgia Code
3. Corporations, Partnerships, and Associations
4. Miscellaneous Provisions Relating to Corporations
5. General Provisions
6. Contributions to Influence Official Action Prohibited; Penalty

1. It shall be illegal for any corporation incorporated under the laws of, or doing business in, this state or any officer or agent thereof to make or authorize directly or indirectly any contributions from corporate funds for the purpose of influencing the vote, judgment, or action of any officer of this state, whether he is employed in the legislative, executive, or judicial branch.
2. Any person or corporation or any officer thereof who shall violate subsection (a) of this Code section relating to corporate contributions to influence official action shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine in the sum of ten times the amount of the contribution made or $1,000.00, whichever is greater, or by imprisonment for not less than one year nor more than four years, or both.

(Ga. L. 1908, p. 65, §§ 1, 2; Civil Code 1910, § 2237; Penal Code 1910, § 672; Code 1933, §§ 22-724, 22-9902; Code 1933, §§ 22-5105, 22-9901, enacted by Ga. L. 1968, p. 565, § 1; Ga. L. 1969, p. 152, § 75; Ga. L. 1981, p. 874, § 1.)

Cross references.

- Bribery, § 16-10-2.

Lobbying, § 21-5-70 et seq.

Law reviews.

- For article surveying business associations developments in Georgia from mid-1980 through mid-1981 concerning partnerships and corporations, see 33 Mercer L. Rev. 19 (1981).

OPINIONS OF THE ATTORNEY GENERAL

Corporate campaign contributions to incumbents not prohibited.

- Nothing in former Code 1933, § 22-5105 (see now O.C.G.A. § 14-5-6) or any provision of former Code 1933, § 40-38 (see now O.C.G.A. Ch. 5, T. 21), prohibited a corporate contribution to the election or reelection campaign of an incumbent candidate for state office. 1975 Op. Att'y Gen. No. 75-143.

The manifest intent of former Code 1933, § 22-5105 (see now O.C.G.A. § 14-5-6) was to prevent corporations from contributing funds designed to influence the actions, judgments, and decisions of state officers in the performance of their duties. 1975 Op. Att'y Gen. No. 75-143.

Corporation accepting contributions on behalf of candidates is subject to reporting requirements of O.C.G.A. § 21-5-4. 1981 Op. Att'y Gen. No. 81-109.

Services rendered by corporate employees collecting contributions on behalf of candidates constitute reportable contributions, and expenditures made to facilitate collection are reportable expenditures. 1981 Op. Att'y Gen. No. 81-109.

Permissibility of corporate payroll deductions.

- There is no statutory prohibition against use of corporate payroll deductions to obtain political action committee contributions, if payroll deduction is specifically authorized by employee and as long as contributions are not used to influence political actions and so long as no such prohibition is contained in corporate charter. 1981 Op. Att'y Gen. No. 81-109.

RESEARCH REFERENCES

Am. Jur. 2d.

- 18B Am. Jur. 2d, Corporations, § 1759 et seq., 1820 et seq.

ALR.

- Recovery of money paid, or property transferred, as a bribe, 60 A.L.R.2d 1273.

Criminal liability of corporation for bribery or conspiracy to bribe public official, 52 A.L.R.3d 1274.

Power of corporation to make political contribution or expenditure under state law, 79 A.L.R.3d 491.

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