SB199: SB199 State Ethics Commission; shall not accept or reject complaints made against candidates 60 days prior to an election; provide

25 SB 199/AP Senate Bill 199 By: Senators Watson of the 11th, Gooch of the 51st, Burns of the 23rd, Goodman of the 8th, Williams of the 25th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to1 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 that certain local5 elected officials shall affirm their duty to complete all statu torily required training and6 supplemental education for their offices; to provide uniform reporting dates for campaigns7 for all levels of office; to provide for registration of certain political action committees; to8 require certain political action committees to maintain bank accounts; to provide disclosure9 reporting requirements for certain political action committees; to revise and make more10 uniform reporting dates for personal financial disclosure state ments for office holders and11 candidates; to revise provisions related to reporting income on personal financial disclosure12 statements for office holders; to provide that the commission shall not publicly release home13 address information in its possession; to revise lobbyist reporting requirements to make the14 reporting dates for such requirements more uniform; to provide for related matters; to15 provide an effective date; to repeal conflicting laws; and for other purposes.16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 S. B. 199 - 1 - 25 SB 199/AP 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, knowled ge, 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 21-5-3 4, relating to campaign37 disclosure reports relative to campaign contributions, 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 candid ate 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 S. B. 199 - 2 - 25 SB 199/AP 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 requireme nts 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 candi dates 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 princi pal 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. A final report shall68 be filed prior to December 31 of the election year.69 S. B. 199 - 3 - 25 SB 199/AP (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 elect ion superintendent shall73 cause such report to be available for inspection and copying in accordance with Article 474 of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each such75 report to the commission, electronically by eFiling or eFax, not later than 30 days after76 the end of the grace period. No fine, fee, or sanction, includ ing 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 super intendent 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 agai nst an election81 superintendent who fails to properly transmit a copy of each su ch 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 mu nicipal clerk in the86 municipality of election or, if there is no clerk, with the chi ef executive officer of the87 municipality; provided, however, that a municipality and a coun ty 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 th e 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, o r county election94 superintendent, as applicable, shall transmit a copy of each su ch report to the95 commission, electronically by eFiling or eFax, not later than 30 days after the end of the96 S. B. 199 - 4 - 25 SB 199/AP grace period. No fine, fee, or sanction, including but not lim ited 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 subparagrap h (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 subsections (a) and (d.1) of this Code section106 to the contrary, public offices listed in subparagraph (F) or (G) of paragraph (22) of Code107 Section 21-5-3 shall be subject to the following signing and fi ling requirements until108 December 31, 2026:109 (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 can didate's campaign111 committee shall sign and file the required disclosure reports w ith 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 insp ection 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, electron ically 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 failu re 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 S. B. 199 - 5 - 25 SB 199/AP report, upon finding that such 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 can didate'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 treasure rs shall file the130 required disclosure reports with the county election superinten dent instead. Upon131 receipt of any such report, the municipal clerk, chief executiv e 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 s u c h r e p o r t . T h e141 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, as applicable, who fails to properly transmit a copy144 of each such report, upon finding that such municipal clerk, chief executive officer of145 the county, or county election superintendent willfully failed to comply with the146 provisions of this chapter.147 (2)(A) In the event a candidate for nomination or election to a public office listed in148 subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson149 S. B. 199 - 6 - 25 SB 199/AP or treasurer of a campaign committee organized to bring about t he nomination or150 election of such candidate signs and files with the appropriate official specified by151 subparagraphs (A) and (B) of paragraph (1) of this subsection a written notice that such152 candidate or campaign committee does not intend to accept during such election cycle153 a combined total of contr ibutions exceeding $2,500.00 for the c ampaign nor make a154 combined total of expenditures exceeding $2,500.00 for the campaign in such election155 cycle, then such candidate or campaign committee shall not be required to file a report156 under this Code section. The appropriate official shall transmit an electronic copy of157 the written notice by eFiling or eFax to the commission within ten days of receipt of158 such notice. The failure of the appropriate official to timely transmit such copy of the159 written notice to the commission shall not disqualify the candi date or campaign160 committee from the exemption from report filing provided by this paragraph.161 (B) If such candidate or campaign committee exceeds the $2,500 .00 limit for either162 accepting contributions or making expenditures for such campaign during such election163 cycle as specified in paragraph (1) of this subsection but does not accept a combined164 total of contributions exceeding $5,000.00 in such election cycle nor make expenditures165 exceeding $5,000.00 in such election cycle, then such candidate or campaign committee166 shall be required to file only the July 31 and October 20 repor ts required by167 paragraph (2) of subsection (c) of this Code section. The first such report shall include168 all contributions received and expenditures made beginning January 1 of such calendar169 year.170 (C) If such candidate or campaign committee accepts a combined total of contributions171 exceeding $5,000.00 or makes expenditures exceeding $5,000.00 f or such campaign172 during any such election cycle, then such candidate or campaign committee chairperson173 or treasurer shall thereupon be subject to the reporting requir ements of this Code174 section the same as if the written notice authorized by this su bsection had not been175 filed.176 S. B. 199 - 7 - 25 SB 199/AP (3) This subsection shall stand repealed on December 31, 2026.177 (b)(1) All reports shall list the following:178 (A) As to any contribution of more than $100.00, its amount an d date of receipt, the179 election for which the contribution has been accepted and alloc ated, along with the180 name and mailing address of the contributor, and, if the contributor is an individual, that181 individual's occupation and the name of his or her employer. Such contributions shall182 include, but shall not be limited to, the purchase of tickets for events such as dinners,183 luncheons, rallies, and similar fund-raising events coordinated for the purpose of raising184 campaign contributions for the reporting person;185 (B) As to any expenditure of more than $100.00, its amount and date of expenditure,186 the name and mailing address of the recipient receiving the exp enditure, and, if that187 recipient is an individual, that individual's occupation and th e name of his or her188 employer and the general purpose of the expenditure;189 (C) When a contribution consists of a loan, advance, or other extension of credit, the190 report shall also contain the name of the lending institution or party making the advance191 or extension of credit and the names, mailing addresses, occupa tions, and places of192 employment of all persons having any liability for repayment of the loan, advance, or193 extension of credit; and, if any such persons shall have a fiduciary relationship to the194 lending institution or party making the advance or extension of credit, the report shall195 specify such relationship;196 (D) Total contributions received and total expenditures shall be reported for an election197 cycle as follows:198 (i) The first report filed after an election year shall list t he cash on hand brought199 forward from the previous election cycle, if any, and the total contributions received200 during the period covered by the report;201 S. B. 199 - 8 - 25 SB 199/AP (ii) Subsequent reports shall list the total contributions rec eived during the period202 covered by the report and the cumulative total of contributions received during the203 election cycle;204 (iii) The first report filed after an election year shall list the total expenditures made205 during the period covered by the report;206 (iv) Subsequent reports shall list the total expenditures made during the period207 covered by the report, the cumulative total of expenditures made during the election208 cycle, and net balance on hand; and209 (v) If a public officer seeks reelection to the same public of fice, or if the public210 officer is a member of the General Assembly seeking reelection in another district as211 a result of redistricting, the net balance on hand at the end of the current election cycle212 shall be carried forward to the first report filed after the election year;213 (E) The corporate, labor union, or other affiliation of any political action committee or214 independent committee making a contribution of more than $100.00;215 (F) Any investment made with funds of a campaign committee, in dependent216 committee, or political action committee and held outside such committee's official217 depository account during each reporting period for which an in vestment exists or a218 transaction applying to an identifiable investment is made. The report shall identify the219 name of the entity or person with whom such investment was made, the initial and any220 subsequent amount of such investment if such investment was mad e during the221 reporting period, and any profit or loss from the sale of such investment which occurred222 during such reporting period; and223 (G) Total debt owed on the last day of the reporting period.224 (2) Each report shall be in such form as will allow for the se parate identification of a225 contribution or contributions which are less than $100.00 but which become reportable226 due to the receipt of an additional contribution or contributio ns which when combined227 S. B. 199 - 9 - 25 SB 199/AP with such previously received contribution or contributions cumulatively equal or exceed $100.00.228 (c) Candidates or campaign committees which accept contributio ns, make expenditures229 designed to bring about the nomination or election of a candida te, or have filed a230 declaration of intention to accept campaign contributions pursu ant to subsection (g) of231 Code Section 21-5-30 shall file campaign contribution disclosur e reports in compliance232 with the following schedule:233 (1) In each nonelection year: on January 31, April 30, July 31, and October 20;234 (A) Candidates for public office and public officers as defined in subparagraphs (A),235 (C), and (D) of paragraph (22) of Code Section 21-5-3 shall fil e on January 31 and236 June 30.237 (B) Candidates for public office and public officers as defined in subparagraphs (B),238 (F), and (G) of paragraph (22) of Code Section 21-5-3 shall fil e on June 30 and239 December 31;240 (2) In each election year:241 (A) On January 31, April 30, June 30, September 30, October 25 , and December 31242 July 31, and October 20;243 (B) Six days before any run-off primary or election in which the candidate is listed on244 the ballot; and245 (C) During the period of time between the last report due prio r to the date of any246 election for which the candidate is qualified and the date of s uch election, all247 contributions of $1,000.00 or more shall be reported within two business days of receipt248 and also reported on the next succeeding regularly scheduled ca mpaign contribution249 disclosure report; provided, however, that this subparagraph sh all only apply to250 contributions of $1,000.00 or more that are designated for the same actual election as251 the one for which the individual is currently a candidate. Nothing in this Code section252 shall be construed to require a contribution of $1,000.00 or more that is designated as253 S. B. 199 - 10 - 25 SB 199/AP a general election contribution to be reported during the two business day report period254 of a primary election;255 (3) If the candidate is a candidate in a special primary or special primary runoff, 15 days256 prior to the special primary and six days prior to the special primary runoff; and257 (4) If the candidate is a candidate in a special election or special election runoff, 15 days258 prior to the special election and six days prior to the special election runoff.259 All persons or entities required to file reports shall have a five-day grace period in filing260 the required reports, except that the grace period shall be two days for required reports261 prior to run-off primaries or run-off elections, and no grace p eriod shall apply to262 contributions required to be reported within two business days. Reports required to be filed263 within two business days of a contribution shall be reported by facsimile or electronic264 transmission. Any facsimile filing shall also have an identical electronic filing within five265 business days following the transmission of such facsimile filing. Each report required in266 the election year shall contain cumulative totals of all contri butions which have been267 received and all expenditures which have been made in support of the campaign in question268 and which are required, or previously have been required, to be reported.269 (d) In the event any candidate covered by this chapter has no opposition in either a primary270 or a general election and receives no contribution of more than $100.00, such candidate271 shall only be required to make the initial and final report as required under this chapter.272 (d.1)(1) In the event a candidate for nomination or election t o a public office listed in273 subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or274 treasurer of a campaign committee organized to bring about the nomination or election275 of such candidate signs and files with the appropriate official specified by paragraph (3)276 or (4) of subsection (a) of this Code section commission a written notice that such277 candidate or campaign committee does not intend to accept during such election cycle a278 combined total of contributions exceeding $2,500.00 for the cam paign nor make a279 combined total of expenditures exceeding $2,500.00 for the camp aign in such election280 S. B. 199 - 11 - 25 SB 199/AP cycle, then such candidate or campaign committee shall not be required to file a report281 under this Code section. The appropriate official shall transmit an electronic copy of the282 written notice by eFiling or eFax to the commission within ten days of receipt of such283 notice. The failure of the appropriate official to timely transmit such copy of the written284 notice to the commission shall not disqualify the candidate or campaign committee from285 the exemption from report filing provided by this paragraph.286 (2) If such candidate or campaign committee exceeds the $2,500 .00 limit for either287 accepting contributions or making expenditures for such campaign during such election288 cycle as specified in paragraph (1) of this subsection but does not accept a combined total289 of contributions exceeding $5,000.00 in such election cycle nor make expenditures290 exceeding $5,000.00 in such election cycle, then such candidate or campaign committee291 shall be required to file only the June 30 and December 31 July 31 and October 20 reports292 required by paragraph (2) of subsection (c) of this Code sectio n. The first such report293 shall include all contributions received and expenditures made beginning January 1 of294 such calendar year.295 (3) If such candidate or campaign committee accepts a combined total of contributions296 exceeding $5,000.00 or makes expenditures exceeding $5,000.00 f or such campaign297 during any such election cycle, then such candidate or campaign committee chairperson298 or treasurer shall thereupon be subject to the reporting requirements of this Code section299 the same as if the written notice authorized by this subsection had not been filed.300 (e) Any person who makes contributions to, accepts contributio ns for, or makes301 expenditures on behalf of candidates, and any independent commi ttee, shall file a302 registration in the same manner as is required of campaign committees prior to accepting303 or making contributions or expenditures. Such persons, other t han independent304 committees, shall also file campaign contribution disclosure reports at the same times as305 required of the candidates they are supporting and a December 31 campaign contribution306 disclosure report regardless of whether the candidate they are supporting has a307 S. B. 199 - 12 - 25 SB 199/AP December 31 campaign contribution disclosure report due. The f ollowing persons shall308 be exempt from the foregoing registration and reporting requirements:309 (1) Individuals making aggregate contributions of $25,000.00 o r less directly to310 candidates or the candidates' campaign committees in one calendar year;311 (2) Persons other than individuals making aggregate contributions and expenditures to312 or on behalf of candidates of $25,000.00 or less in one calendar year; and313 (3) Contributors who make contributions to only one candidate during one calendar year.314 (e.1) Any political action committee which makes contributions to, accepts contributions315 for, or makes expenditures on behalf of candidates shall file a registration in the same316 manner as is required of campaign committees prior to accepting or making contributions317 or expenditures. Prior to such registration, such political ac tion committee shall open a318 bank account in the name of such political action committee and shall maintain such bank319 account until the political action committee is terminated. Such political action committee320 shall also file campaign contribution disclosure reports on January 31, April 30, July 31,321 and October 20 of each year until the bank account required by this subsection has been322 zeroed out and the political action committee has been terminated.323 (f)(1) Any independent committee which accepts contributions or makes expenditures324 for the purpose of affecting the outcome of an election or advocates the election or defeat325 of any candidate shall register with the commission prior to ac cepting contributions or326 making expenditures and shall file disclosure reports as follows:327 (A) On the first day of each of the two calendar months preceding any such election;328 (B) Two weeks prior to the date of such election; and329 (C) Within the two-week period prior to the date of such elect ion the independent330 committee shall report within two business days any contributio ns or expenditure of331 more than $1,000.00.332 S. B. 199 - 13 - 25 SB 199/AP The independent committee shall file a final report prior to December 31 of the election333 year and shall file supplemental reports on June 30 and Decembe r 31 of each year that334 such independent committee continues to accept contributions or make expenditures.335 (2) Reports filed by independent committees shall list the following:336 (A) The amount and date of receipt, along with the name, mailing address, occupation,337 and employer of any person making a contribution of more than $100.00;338 (B) The name, mailing address, occupation, and employer of any person to whom an339 expenditure or provision of goods or services of the value of more than $100.00 is made340 and the amount, date, and general purpose thereof, including the name of the candidate341 or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the342 expenditure or provision was made;343 (C) Total expenditures made as follows:344 (i) Expenditures shall be reported for the applicable reporting year;345 (ii) The first report of a reporting year shall list the total expenditures made during346 the period covered by the report; and347 (iii) Subsequent reports shall list the total expenditures mad e during the period348 covered by the report, the cumulative total of expenditures made during the reporting349 year, and net balance on hand; and350 (D) The corporate, labor union, or other affiliation of any political action committee,351 candidate, campaign committee, or independent committee making a contribution of352 the value of more than $100.00.353 (3) Whenever any independent committee makes an expenditure fo r the purpose of354 financing any communication intended to affect the outcome of a n election, such355 communication shall clearly state that it has been financed by such independent356 committee.357 S. B. 199 - 14 - 25 SB 199/AP (g) Any campaign committee which accepts contributions or makes expenditures designed358 to bring about the recall of a public officer or to oppose the recall of a public officer shall359 file campaign contribution disclosure reports as follows:360 (1) An initial report shall be filed within 15 days after the date when the official recall361 petition forms were issued to the sponsors;362 (2) A second report shall be filed 45 days after the filing of the initial report;363 (3) A third report shall be filed within 20 days after the election superintendent certifies364 legal sufficiency or insufficiency of a recall petition; and365 (4) A final report shall be filed prior to December 31 of the year in which the recall366 election is held or, in any case where such recall election is not held, a final report shall367 be filed prior to December 31 of any year in which such campaig n committee accepts368 such contributions or makes such expenditures.369 (h) Any campaign committee which accepts contributions or makes expenditures designed370 to bring about the approval or rejection by the voters of a pro posed constitutional371 amendment or a state-wide referendum shall file a campaign cont ribution disclosure372 report 75, 45, and 15 days prior to the date of the election and shall file a final report prior373 to December 31 of the election year.374 (i)(1) Any person elected to a public office who is required to file campaign contribution375 disclosure reports pursuant to this article shall, upon leaving public office with excess376 contributions, be required to file supplemental campaign contribution disclosure reports377 on June 30 and December 31 January 31, April 30, July 31, and October 20 of each year378 until such contributions are expended in a campaign for electiv e office or used as379 provided in subsection (b) of Code Section 21-5-33.380 (2) Any person who is an unsuccessful candidate in an election and who is required to381 file campaign contribution disclosure reports pursuant to this article shall for the382 remainder of the election cycle file such reports at the same t imes as a successful383 candidate and thereafter, upon having excess contributions from such campaign, be384 S. B. 199 - 15 - 25 SB 199/AP required to file a supplemental campaign contribution disclosur e report no later than385 December 31 on January 31, April 30, July 31, and October 20 of each year until such386 contributions are expended in a campaign for elective office or used as provided in387 subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who388 is required to file campaign contribution disclosure reports pu rsuant to this article and389 who receives contributions following such election to retire de bts incurred in such390 campaign for elective office shall be required to file a supple mental campaign391 contribution disclosure report no later than December 31 on January 31, April 30, July392 31, and October 20 of each year until such unpaid expenditures from such campaign are393 satisfied.394 (j) Notwithstanding any other provision of this chapter to the contrary, soil and water395 conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the396 'Soil and Water Conservation Districts Law,' shall not be requi red to file campaign397 contribution disclosure reports under this Code section.398 (k)(1) In addition to other penalties provided under this chap ter, a late fee of $125.00399 shall be imposed by the person or entity with which filing is required for each report that400 is filed late, and notice of such late fee shall be sent to the candidate and the candidate's401 committee in the same manner by which the penalized report was filed with the402 commission. However, if the report in question was not filed o r was filed with the403 commission in a manner other than electronic filing or certifie d mail, return receipt404 requested, the commission shall utilize certified mail, return receipt requested, to notify405 the candidate and the candidate's committee of the late fee due. The notice shall include406 the schedule of increasing late fees for late filings and the dates upon which such late fees407 shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day408 after the due date for such report if the report has not been filed by such date. A late fee409 of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if410 such report has not been filed. Notice by electronic means doe s shall not satisfy the411 S. B. 199 - 16 - 25 SB 199/AP requirements of this paragraph; and any increased late fees shall be stayed until at least412 ten days after proper notice has been given as specified in this paragraph.413 (2) The commission shall retain $25.00 of the first late fee received by the commission414 for processing pursuant to the provisions of Code Section 45-12-92.1.415 (l) It shall be the duty of the commission or other official when it receives for filing any416 disclosure report or statement or other document that may be filed by mail to maintain with417 the filed document a copy of the postal markings or statutory o vernight delivery service418 markings of any envelope, package, or wrapping in which the document was delivered for419 filing if mailed or sent after the date such filing was due.420 (m) Any person or entity which is required to be registered under this Code section shall421 file a termination statement together with its final campaign contribution disclosure report422 as required by this Code section within ten days of the dissolu tion of a campaign or423 committee. The termination statement shall identify the person responsible for maintaining424 campaign records as required by this chapter."425 SECTION 3.426 Said chapter is further amended in Code Section 21-5-50, relating to filing by public officers,427 filing by candidates for public office, filing by elected officials and members of the General428 Assembly, and electronic filing, by revising subsections (a) and (c) as follows:429 "(a)(1) Except as modified in subsection (c) of this Code secti on with respect to430 candidates for state-wide elected public office,:431 (A) Each each public officer, as defined in subparagraphs (A) through (D) of432 paragraph (22) of Code Section 21-5-3, and each person who qualifies as a candidate433 for election to any such public office shall file with the commission not before the first434 day of January nor no later than July April 1 of each year in which such public officer435 holds office other than an election year a financial disclosure statement for the436 preceding calendar year; and437 S. B. 199 - 17 - 25 SB 199/AP (B) Each each person who qualifies in a special election as a candidate for election as438 a public officer, as defined in subparagraphs (A) through (D) of paragraph (22) of Code439 Section 21-5-3, shall file with the commission, no later than the fifteenth day following440 the date of qualifying as a candidate, a financial disclosure statement for the preceding441 calendar year.442 (2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in443 subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file444 a financial disclosure statement pursuant to this Code section. Each such public officer445 shall, however, be deemed to be a public official for purposes of Code Section 45-10-26446 and shall be subject to the disclosure requirements set forth i n Code Section 45-10-26. 447 In addition, each such public officer shall file with the commission, prior to January 31448 each year, an affidavit confirming that such public officer took no official action in the449 previous calendar year that had a material effect on such public officer's private financial450 or business interests; provided, however, that, if a public off icer as defined in451 subparagraph (E) of paragraph (22) of Code Section 21-5-3 has p reviously filed or is452 subject to filing a financial disclosure statement with the com mission pursuant to this453 paragraph, and said such financial disclosure statement covers the same calendar year as454 would be covered by the affidavit required by this Code section, the public officer shall455 be exempted from filing an affidavit. No retired judge or senior judge of any court of this456 state shall be required to file an affidavit pursuant to this Code section.457 (3) A public officer, as defined in subparagraph (E) of paragr aph (22) of Code458 Section 21-5-3, who serves as a member of the commission shall be subject to the459 requirements for filing financial disclosure statements set forth in paragraph (1) of this460 subsection. In addition, each such public officer shall file with the commission, together461 with the financial disclosure statement, an affidavit confirming that such public officer462 took no official action in the previous calendar year that had a material effect on such463 public officer's private financial or business interests.464 S. B. 199 - 18 - 25 SB 199/AP (3.1)(A) Until December 31, 2026, a A public officer and candidates for election as a465 public officer, as defined in subparagraphs (F) and (G) of para graph (22) of Code466 Section 21-5-3, shall make filings of the same kind and in the same manner as provided467 in paragraph (1) of this subsection for other public officers and candidates for election468 as a public officer except that f ilings under this paragraph sh all be made with the469 election superintendent of the county in the case of public officers and candidates for470 election as a public officer as defined in said such subparagraph (F) and shall be made471 with the municipal clerk in the municipality of election or, if there is no clerk, with the472 chief executive officer of the municipality in the case of public officers as defined in473 said such subparagraph (G). The election superintendent, municipal cler k, or chief474 executive officer, as applicable, shall transmit, electronically by eFiling or eFax, a copy475 of each such report to the commission not later than 30 days af ter the close of the476 reporting period. No fine, fee, or sanction, including but not limited to identifying a477 public officer or candidate for election as a public officer as having filed late or failed478 to file, shall be imposed by the commission on the public offic er or candidate for479 election as a public officer for the failure of the election su perintendent, municipal480 clerk, or chief executive officer, as applicable, to timely transmit a copy of such report.481 (B) On and after January 1, 2027, a public officer and candida tes for election as a482 public officer, as defined in subparagraphs (F) and (G) of para graph (22) of Code483 Section 21-5-3, shall make filings of the same kind and in the same manner as provided484 in paragraph (1) of this subsection for other public officers and candidates for election485 as a public officer; provided, however, that a candidate for election as a public officer486 as defined in subparagraph (G) of paragraph (22) of Code Sectio n 21-5-3 shall make487 such filings no later than September 1 instead of April 1.488 (3.2)(A) In the case of public officers and candidates for election as a public officer as489 defined in subparagraph (F) of paragraph (22) of Code Section 2 1-5-3, when such490 public officers and candidates are qualifying for election to a county governing491 S. B. 199 - 19 - 25 SB 199/AP authority or to a local board of education, such public officer or candidate shall make492 an affirmation in such filings acknowledging, in the case of pu blic officers and493 candidates for a county governing authority, the requirement fo r such newly elected494 county officials to receive training pursuant to Code Section 36-20-4, and in the case495 of public officers and candidates as an elected member of a local board of education,496 the requirement for such newly elected members receive training pursuant to Code497 Section 20-2-230.498 (B) In the case of public officers and candidates for election as a public officer as499 defined in subparagraph (G) of paragraph (22) of Code Section 2 1-5-3, when such500 public officers and candidates are qualifying for election, suc h public officer or501 candidate shall make an affirmation in such filings acknowledging the requirement for502 newly elected municipal officials to receive training pursuant to Code Section 36-45-4.503 (C) The affirmations required by subparagraphs (A) and (B) of this paragraph need not504 be transmitted to the commission.505 (4) Each member of the State Transportation Board shall file a financial disclosure506 statement for the preceding calendar year no later than the six tieth day following such507 member's election to the State Transportation Board. Thereafte r, each board member508 shall file by January 31 April 1 of each year a financial disclosure statement for the509 preceding year. In addition, each board member shall file with the commission, prior to510 January 31 April 1 of each year, an affidavit confirming that such board member took no511 official action in the previous calendar year that had a materi al effect on such board512 member's private financial or business interests.513 (5) The commission or the applicable official under paragraph (3.1) of this subsection514 shall review each financial disclosure statement to determine t hat such statement is in515 compliance with the requirements of this chapter.516 (6) A public officer shall not, however, be required to file s uch a financial disclosure517 statement for the preceding calendar year in an election year if such public officer does518 S. B. 199 - 20 - 25 SB 199/AP not qualify for nomination for election to succeed himself or herself or for election to any519 other public office subject to this chapter. For purposes of this paragraph, a public officer520 shall not be deemed to hold office in a year in which the public officer holds office for521 fewer than 15 days."522 "(c)(1) Each person who qualifies with a political party as a c andidate for party523 nomination to a public office elected state wide, (including an incumbent public officer524 elected state wide qualifying to succeed himself or herself) , shall file with the525 commission, not later than seven days after so qualifying April 1 of such election year,526 a financial disclosure statement. Each person who qualifies as a candidate for election527 to a public office elected state wide through a nomination peti tion or convention shall528 likewise file a financial disclosure statement not later than seven days after filing his or529 her notice of candidacy April 1 of such election year. Such financial disclosure statement530 shall comply with the requirements of subsections (a) and (b) o f this Code section and531 shall in addition identify, for the preceding five calendar years:532 (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar533 year in which the candidate (whether for himself or herself or on behalf of any534 business) or any business in which such candidate or any member of his or her family535 has a substantial interest or is an officer of such business has transacted business with536 the government of the State of Georgia, the government of any political subdivision of537 the State of Georgia, or any agency of any such government; and538 (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar539 year in which the candidate or any business in which such candidate or any member of540 his or her family has a substantial interest or is an officer of such business received any541 income of any nature from any person who was at the time of such receipt of income542 represented by a lobbyist registered with the commission pursuant to Article 4 of this543 chapter.544 S. B. 199 - 21 - 25 SB 199/AP (2) The financial disclosure statement required by paragraph (1) of this subsection shall545 include an itemized list of the transactions required to be reported, including the date of,546 dollar amount of, and parties to each such transaction. Howeve r, with respect to any547 transactions of a privileged nature only the total amount of su ch transactions shall be548 required to be reported, and names, dates, amounts of individual transactions, and other549 identifying data may be omitted; and for this purpose 'transactions of a privileged nature'550 shall include transactions between attorney and client, transactions between psychiatrist551 and patient, transactions between physician and patient, and any other transactions which552 are by law of a similar privileged and confidential nature.553 (3) The financial disclosure statement required by paragraph (1) of this subsection shall554 be accompanied by a financial statement of the candidate's financial affairs for the five555 calendar years prior to the year in which the election is held and the first quarter of the556 calendar year in which the election is held.557 (3.1) The financial disclosure statement required by paragraph (1) of this subsection shall558 include the source or sources of the candidate's income for the five calendar years prior559 to the year in which the election is held and the first quarter of the calendar year in which560 the election is held.561 (4) As used in this subsection, the term:562 (A) 'Agency' means any agency, authority, department, board, b ureau, commission,563 committee, office, or instrumentality of the State of Georgia or any political subdivision564 of the State of Georgia.565 (B) 'Financial statement' means a statement of a candidate's financial affairs in a form566 substantially equivalent to the short form financial statement required for bank directors567 under the rules of the Department of Banking and Finance which details the source and568 type of income with an indication of which of the following categories the amount or569 value of such item of income is within:570 (i) Not more than $1,000.00;571 S. B. 199 - 22 - 25 SB 199/AP (ii) Greater than $1,000.00 but not more than $2,500.00;572 (iii) Greater than $2,500.00 but not more than $5,000.00;573 (iv) Greater than $5,000.00 but not more than $15,000.00;574 (v) Greater than $15,000.00 but not more than $50,000.00;575 (vi) Greater than $50,000.00 but not more than $100,000.00;576 (vii) Greater than $100,000.00 but not more than $250,000.00;577 (viii) Greater than $250,000.00 but not more than $500,000.00;578 (ix) Greater than $500,000.00 but not more than $1 million;579 (x) Greater than $1 million but not more than $5 million; or580 (xi) Greater than $5 million.581 (C) 'Person' and 'transact business' shall have the meanings specified set forth in Code582 Section 45-10-20.583 (D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more584 of the assets or stock of any business.585 (5) Notwithstanding any other provisions of this subsection, if, due to a special election586 or otherwise, a person does not qualify as a candidate for nomination or election to public587 office until after the filing date otherwise applicable, such person shall make the filings588 required by this subsection within seven days after so qualifying."589 SECTION 4.590 Said chapter is further amended by revising Code Section 21-5-51, relating to inspection and591 copying of financial disclosure statements, as follows:592 "21-5-51.593 (a) Financial disclosure statements filed pursuant to this article shall be public records and594 shall be subject to inspection and copying by any member of the public as provided by law595 for other public records.596 S. B. 199 - 23 - 25 SB 199/AP (b) Notwithstanding subsection (a) of this Code section or any provision of Chapter 18 of597 Title 50 to the contrary, the commission shall redact any identifiable home addresses from598 any records the commission discloses, posts, or releases to the public."599 SECTION 5.600 Said chapter is further amended in Code Section 21-5-73, relati ng to lobbyist disclosure601 reports, by revising subsections (b), (c), and (d) as follows:602 "(b) A person who is required to register under this article and:603 (1) Lobbies lobbies to promote or oppose the passage of any legislation by the General604 Assembly, or any committee of either chamber or a joint committ ee thereof, or the605 approval or veto of legislation by the Governor shall file a semimonthly disclosure report606 on the first and fifteenth day of each month, current through t he end of the preceding607 report, beginning January 15 and continuing throughout the peri od that the General608 Assembly is in session.;609 (2) Lobbies to promote or oppose the passage of any ordinance or resolution by a public610 officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,611 or any committee of such public officers, or the approval or veto of any such ordinance612 or resolution;613 (3) Lobbies to promote or oppose the passage of any legislatio n by the General614 Assembly, or any committee of either chamber or a joint committ ee thereof, or the615 approval or veto of legislation by the Governor;616 (4) As an employee of the executive branch or judicial branch of local government,617 lobbies to promote or oppose the passage of any ordinance or re solution by a public618 officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,619 or any committee of such public officers, or the approval or veto of any such ordinance620 or resolution;621 S. B. 199 - 24 - 25 SB 199/AP (5) Lobbies to influence a public officer or state agency in the selection of a vendor to622 supply any goods or services to any state agency; or623 (6) Lobbies to promote or oppose any matter before the State Transportation Board shall624 file a monthly disclosure report, current through the end of th e preceding period, on or625 before the fifth day of each month.626 (c) In addition to the requirements of subsection (b) of this Code section, a A person who627 is required to register under this article and lobbies to promote or oppose the passage of any628 ordinance or resolution by a public officer specified under sub paragraph (F) or (G) of629 paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the630 approval or veto of any such ordinance or resolution shall: file a disclosure report on or631 before the fifth day of each month, provided that all persons or entities required to file such632 reports shall have a five-day grace period in filing the required reports.633 (1) File a disclosure report, current through the end of the preceding month, on or before634 the fifth day of May, September, and January of each year instead of the reports required635 by subsections (b) and (d) of this Code section; and636 (2) File such report with the commission, file a copy of such with the election637 superintendent of each county involved if the report contains any lobbying expenditures638 relating to county or county school district affairs, and file a copy of such report with the639 municipal clerk (or if there is no municipal clerk, with the chief executive officer of the640 municipality) of each municipality involved if the report conta ins any lobbying641 expenditures relating to municipal affairs or independent school district affairs.642 (d) Reserved. A person who is required to register under this article and:643 (1) Lobbies to promote or oppose the passage of any legislatio n by the General644 Assembly, or any committee of either chamber or a joint committ ee thereof, or the645 approval or veto of legislation by the Governor;646 (2) As an employee of the executive branch or judicial branch of local government,647 lobbies to promote or oppose the passage of any ordinance or re solution by a public648 S. B. 199 - 25 - 25 SB 199/AP officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,649 or any committee of such public officers, or the approval or veto of any such ordinance650 or resolution;651 (3) Lobbies to influence a public officer or state agency in the selection of a vendor to652 supply any goods or services to any state agency; or653 (4) Lobbies to promote or oppose any matter before the State Transportation Board shall654 file a monthly disclosure report, current through the end of the preceding period, on or655 before the fifth day of each month; provided, however, that such monthly reports shall656 not be filed during any period that the lobbyist files a semimo nthly report pursuant to657 subsection (b) of this Code section."658 SECTION 6.659 This Act shall become effective on January 1, 2026.660 SECTION 7.661 All laws and parts of laws in conflict with this Act are repealed.662 S. B. 199 - 26 -