Contribution to Campaign Committee Deemed Contribution to Candidate; Rules for Construction

1. Law
2. Georgia Code
3. Elections
4. Ethics in Government
5. Contributions to Candidates for Public Office
6. Contribution to Campaign Committee Deemed Contribution to Candidate; Rules for Construction

For purposes of this article, a contribution to a campaign committee of a candidate for any public office shall be deemed to be a contribution to such candidate. If during any calendar year there occur both a special election including a special primary, special primary runoff, and special election runoff as appropriate and a general election for the same public office and if the same person is a candidate for nomination or election at both such special election including a special primary, special primary runoff, and special election runoff as appropriate and such general election, then this Code section shall apply. Where this Code section applies, a person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article to such person or such person's campaign committee for the purpose of influencing such candidate's nomination or election at the special primary, special primary runoff, special election, or special election runoff; and the same person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article for the purpose of influencing such candidate's election at the general election or general election runoff. This Code section shall be construed according to the following rules:

1. It is the general intent of this Code section to allow a person who is a candidate for election at both a special election and a general election in the same calendar year to receive up to but no more than twice the amount of contributions which could otherwise be received from any one donor during the year; and
2. Seeking nomination at a special primary or general primary shall be considered as seeking election at the ensuing special election or general election for the purpose of determining whether a person is a candidate for election at both the special election and the general election and allowing the application of this Code section; but seeking election at only a single primary and its ensuing election shall not bring this Code section into effect.

(Code 1981, §21-5-44, enacted by Ga. L. 1990, p. 922, § 6; Ga. L. 1992, p. 1075, § 12; Ga. L. 1994, p. 258, § 11; Code Section21-5-42, as redesignated by Ga. L. 2000, p. 1491, § 4.)

Editor's notes.

- Ga. L. 2000, p. 1491, § 4, effective January 1, 2001, redesignated the provisions of former Code Section21-5-44 as this Code section. Former Code Section21-5-42, concerning the maximum allowable contribution by corporations, was based on Code 1981, § 21-5-42, enacted by Ga. L. 1990, p. 922, § 6, Ga. L. 1992, p. 1075, § 9, Ga. L. 1994, p. 258, § 11.

Ga. L. 2000, p. 1491, § 5, not codified by the General Assembly, provides for severability.

Ga. L. 2000, p. 1491, § 6, not codified by the General Assembly, provides that for purposes of issuing rules and regulations that Act became effective May 1, 2000.

Law reviews.

- For note on the 1992 amendment of this Code section, see 9 Ga. St. U. L. Rev. 247 (1992).

JUDICIAL DECISIONS

Cited in Georgia State Conference of NAACP Branches v. Cox, 183 F.3d 1263 (11th Cir. 1999).

Download our app to see the most-to-date content.