House Bill 1130
By: Representatives Seabaugh of the 34th, Gambill of the 15th, Rice of the 139th, DeLoach of
the 167th, Burchett of the 176th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to
government transparency and campaign finance, so as to specify the time period for a
candidate's or campaign committee treasurer's failure to comply with requests for inspection
of accounts; provide for penalties for failure to comply with such requests; to provide that
certain expenses related to security equipment and services constitute expenses of a
campaign; to provide a definition; to provide for the leasing of security equipment; to provide
for additional reporting requirements for such expenses; to provide a short title; to provide
for related matters; to provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Safeguarding Election Candidates Using
Reasonable Expenditures (SECURE) Act."
SECTION 2.
Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government
transparency and campaign finance, is amended in Code Section 21-5-3, relating to
definitions, by adding a new paragraph to read as follows:
<ins>"(24.1) 'Security expenditures' means reasonable costs for security equipment and
monitoring services, including but not limited to installation costs by licensed providers
of security services."
</ins> SECTION 3.
Said chapter is further amended in Code Section 21-5-32, relating to accounts to be kept by
candidate or campaign committee treasurer, by adding a new subsection to read as follows:
<ins>"(d) Any request to inspect accounts issued under this article shall allow the candidate or
treasurer of a campaign committee up to 30 days to comply with such request. Failure to
allow or facilitate such inspection shall constitute a violation of this article and be subject
to civil penalties as provided for in Code Section 21-5-6 or criminal penalties as provided
for in Code Section 21-5-9."
</ins> SECTION 4.
Said chapter is further amended in Code Section 21-5-33, relating to disposition of
contributions, by revising subsection (a) as follows:
"(a)(1) Contributions to a candidate, a campaign committee, or a public officer holding
elective office and any proceeds from investing such contributions shall be utilized only
to defray ordinary and necessary expenses, which may include any loan of money from
a candidate or public officer holding elective office to the campaign committee of such
candidate or such public officer, incurred in connection with such candidate's campaign
for elective office or such public officer's fulfillment or retention of such office.
<ins>(2)(A) In addition to defraying ordinary and necessary expenses pursuant to
paragraph (1) of this subsection, contributions to a candidate, a campaign committee,
or a public officer holding elective office and any proceeds from investing such
contributions may be utilized to defray expenditures incurred by a candidate or public
officer holding elective office to provide for his or her security during an ongoing
campaign or for the term of such elective office; provided, however, that no
expenditures pursuant to this paragraph shall:
(i) Be used for structural or physical improvements to property that is not directly
related to the installation of security equipment;
(ii) Be used for the purchase of any firearms, ammunition, or other weapons; or
(iii) Be used to pay a member of the family or campaign staff member of the
candidate or public officer holding elective office for the installation of security
equipment or the provision of monitoring services.
(B) Any security equipment acquired by an expenditure pursuant to this paragraph
shall be returned upon the conclusion of a candidate’s active campaign or, in the case
of a public officer, upon the expiration of the term of office. Such equipment may be
retained only if the candidate or public officer reimburses the campaign, from personal
funds, an amount equal to the full cost of the equipment. Absent such reimbursement,
the equipment shall not remain in the possession of the candidate or public officer.
(C) In addition to any other reporting that may be required by this chapter, a candidate,
chairperson or treasurer of a campaign committee, or public officer holding elective
office shall provide an itemized report to the commission on each expenditure made
pursuant to this paragraph. Such report shall include invoice documentation of the
security equipment and security services acquired and, if such equipment or services
were obtained from a licensed provider of security services, the licensing information
of such provider."
</ins>
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.