House Bill 1235
By: Representatives Hilton of the 48th, Momtahan of the 17th, Reeves of the 99th, Gullett of
the 19th, Herring of the 145th, 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 provide that candidates, campaign
committees, independent committees, and leadership committees that receive more than 50
percent of their funding from non-Georgia persons shall provide certain notices on their
campaign advertisements; to provide for definitions; to provide that candidates and campaign
committees shall provide certain disclosures on their websites with regard to the percentages
of out-of-state and in-state funding received by the candidate or campaign committee; to
provide for updates of such disclosures; to provide for specifications for such notices and
disclosures; to provide for violations and penalties; to provide for related matters; to provide
an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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 revising paragraph (15) and adding new paragraphs to read as follows:
<ins>"(11.1) 'Electioneering communication' means any communications through broadcast
media, cable, radio, internet, telephone, mailing, billboard, or print that:
(1) Is made or scheduled within 120 days of an election;
(2) Exceeds the cost or value of $1,000.00;
(3) Refers to a clearly identified candidate, proposed constitutional amendment, a
state-wide referendum, or a proposed question which is to appear on the ballot; and
(4) Is targeted at the geographic area where such candidate would represent if elected or
the geographic area affected by such constitutional amendment, referendum, or ballot
question."
</ins> "(15) 'Independent committee' means any committee, club, association, partnership,
corporation, labor union, or other group of persons, other than a campaign committee,
political party, or political action committee, which receives donations during a calendar
year from persons who are members or supporters of the committee and which expends
such funds either for the purpose of affecting the outcome of an election for any elected
office or to advocate the election or defeat of any particular candidate, <ins>or is the functional
equivalent of express advocacy or electioneering communications."
"(17.11) 'Non-Georgia person' means:
(A) As to an individual, any individual except an individual who:
(i) On the date such contribution or donation was made, was a registered Georgia
voter; or
(ii) Paid individual income taxes to the State of Georgia in the calendar year
preceding the date of such contribution or donation;
(B) As to a business entity, any entity except an entity that:
(i) On the date such contribution or donation was made, was registered with the
Secretary of State to do business in this state;
(ii) Paid individual or corporate income taxes to the State of Georgia in the calendar
year preceding the date of such contribution or donation; or
</ins>
<ins>(iii) Filed a corporate income tax return with the Department or Revenue in the
preceding calendar year or maintains sufficient economic presence, property, or
payroll within this state to establish a nexus under state law; and
(C) As to a campaign committee, independent committee, or political action
committee, any such committee which cannot demonstrate that the funds from which
such committee made such contribution or donation came from individuals or entities
exempted pursuant to subparagraphs (A) and (B) of this paragraph."
</ins> SECTION 2.
Said chapter is further amended by revising Code Section 21-5-31, which is reserved, as
follows:
"21-5-31.
<ins>(a) Each candidate and his or her campaign committee, as well as each independent
committee and leadership committee, that receives more than 50 percent of their campaign
contributions in an election cycle from non-Georgia persons shall place a notice on all
campaign advertising by such candidate, campaign committee, independent committee, and
leadership committee that is made or purchased after such 50 percent threshold is met that
states, 'This political advertisement was paid for by out-of-state interests.'. Such notice
shall be in the same or larger font as the majority of the words in the print advertisement
and placed in a prominent location on the print advertisement. In the case of radio or
television advertisements, such notice shall be read aloud in a conversational tone and
speed at the conclusion of any such advertisement.
(b) Each candidate and his or her campaign committee, as well as each independent
committee and leadership committee, shall display on the candidate's or his or her
campaign committee's website in legible form a pie chart which shall show the percent of
campaign contributions received by the candidate, campaign committee, independent
committee, or leadership committee over the current election cycle from persons and
</ins>
<ins>entities domiciled in this state and the percent of campaign contributions received over the
current election cycle from non-Georgia persons. Such percentages shall be updated on a
monthly basis throughout the election cycle.
(c)(1) It shall be a violation of this chapter and unlawful to fail to comply with the
provisions of subsections (a) and (b) of this Code section. Each violation of the
provisions of subsections (a) and (b) of this Code sections shall be considered a separate
and distinct violation.
(2) Violations of this Code section may 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> <del>Reserved."
</del> SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.