House · Passed · 2025-2026 Regular Session
HB 414: Elections; "person" to include certain nonresidents; revise definition
Last action May 11, 2026 · Effective Date
House Bill 414 would let Georgia's ethics law reach people outside the state who violate campaign finance rules, and it would speed up lawsuits the Attorney General brings to enforce those rules.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.
In plain language
Georgia's campaign finance and ethics law (O.C.G.A. Chapter 5 of Title 21) currently defines 'person' in a way tied to entities recognized in Georgia. This bill expands that definition to include nonresidents, using the same definition of 'nonresident' already used in Georgia's long-arm statute (O.C.G.A. 9-10-90), so that someone outside Georgia who commits an act or does business in the state that would violate the ethics law can be held to the same rules a resident would face. The bill also changes how the Attorney General's enforcement lawsuits work: if a person sued does not respond within 30 days, the court must enter a default judgment against them, and if they do respond, a hearing must happen within 30 days of that response. It gives the State Ethics Commission new power to request documents or information from people located out of state, with court backup if they refuse. It also moves the case's location (venue) to Fulton County when the person involved is not a Georgia resident. The changes take effect once the Governor signs the bill or it becomes law without a signature.
What the bill does
- Expands the legal definition of 'person' in Georgia's campaign finance and ethics law to include certain nonresidents who act or do business in the state.
- Requires a default judgment against anyone sued by the Attorney General for an ethics violation who fails to respond within 30 days of being served.
- Sets a 30 day deadline for holding a hearing once a person sued does respond.
- Gives the State Ethics Commission authority to request documents or information from people or records located outside Georgia, with court enforcement if they refuse.
- Changes venue (the court where a case is filed) to Fulton County when the person involved is not a Georgia resident.
Who it affects
Out-of-state individuals, businesses, or organizations that engage in political activity or business affecting Georgia elections, the Attorney General's office, the State Ethics Commission, and anyone facing a civil enforcement action under Georgia's campaign finance law.
Why it matters
The change closes a gap that previously let out-of-state actors avoid Georgia's ethics rules simply by not being Georgia residents. It also speeds up enforcement cases with firm deadlines and gives investigators a clearer path to get evidence located outside the state.
Key provisions
- Section 1 revises O.C.G.A. 21-5-3(19) to include nonresidents (as defined in O.C.G.A. 9-10-90) in the definition of 'person' if they act or do business in Georgia in a way that would violate the chapter.
- Section 2 amends O.C.G.A. 21-5-6 to require default judgment if a party sued by the Attorney General does not respond within 30 days, and a hearing within 30 days if they do respond.
- Section 2 also adds a new subsection letting the State Ethics Commission request documents or information located outside Georgia and petition a superior court to compel compliance if refused.
- Section 3 revises the venue rule in O.C.G.A. 21-5-8 so cases against nonresidents are filed in Fulton County instead of the person's county of residence.
- Section 4 makes the law effective as soon as the Governor signs it or it becomes law without a signature.
From the bill
“shall include a 'nonresident' as that term is defined in Code Section 9-10-90 who commits an act or omission or transacts business within the state which if performed by a resident of this state would be subject to this chapter”
“a default judgement shall be entered against the party against whom relief is sought”
“unless the person is not a Georgia resident, in which case venue is in Fulton County”
Discussed in meetings (5)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
Senate Ethics Committee, February 2, 2026
From 0:18:16 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would let the State Ethics Commission reach out-of-state actors who influence Georgia elections but avoid requests for information. The sponsor described a substitute providing for a default judgment after 30 days without a response, requiring superior court action within another 30 days, and making the bill effective upon the governor’s signature. The commission’s executive director said faster enforcement could address undisclosed election spending before voters cast ballots. A witness for the Georgia National Organization for Women opposed the bill, citing unclear definitions, due process concerns, insufficient safeguards and possible discouragement of lawful civic activity. In response to members’ questions, the director said the bill extended the reach of existing powers rather than creating new ones, covered spending to elect or defeat candidates rather than issue advocacy, and remained subject to court review. The director said participating groups would need to register and disclose political fundraising and spending; separate Georgia accounts could limit disclosure to Georgia activity. The director acknowledged gaps involving ads without explicit election language, described repeated difficulties obtaining out-of-state records, and declined to identify cases because of professional restrictions. The sponsor and director said many outside groups already register and discussed notifying organizations through ethics-law networks. The committee approved the substitute, with two members recorded as opposed.
Senate Rules Committee, February 4, 2026
From 0:16:41 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute to HB 414, saying it would allow election oversight to reach out-of-state participants in Georgia elections. The sponsor said those participants would face the same registration, filing and disclosure requirements as in-state participants. According to the sponsor, the Ethics Commission currently cannot investigate outside Georgia to determine whether someone is violating the state's election rules. The sponsor said the substitute would enable those investigations without expanding the commission's scope or power. No members asked substantive questions. Later, a committee member requested the bill for the floor calendar, and the committee unanimously approved sending it to the floor along with two other bills.
Senate floor session, February 5, 2026 (legislative day 13)
From 1:55:51 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Engrossed)
Summary by Georgia Commons: The Senate approved a joint motion covering HB 414 and SB 403 to prevent floor amendments, 29-20. Later, the floor presenter said HB 414 would let the State Ethics Commission investigate and subpoena out-of-state contributors and groups under the same campaign-finance standards as Georgians, with 30 days to respond and cases heard in Fulton County. The committee substitute's reading also described response deadlines for Attorney General civil actions and judgments when defendants fail to respond. One senator questioned why existing donor-address disclosures were insufficient. The presenter said subpoenas were needed to examine incomplete information and concealed identities. Other senators asked how wrongdoing would be identified, whether leadership PAC rules were affected, and what protected groups from politically motivated investigations or false complaints. A second supporter said the bill changed enforcement reach, not existing rules, and cited complaint procedures, hearings and court review. Another supporter described difficulty obtaining out-of-state consultants' bank records. A further supporter called it a jurisdictional change and said constitutional due-process limits remained. Supporters said it predated current campaigns and could protect either party. The Senate adopted the substitute without objection and passed it, 50-1.
House floor session, February 11, 2026 (legislative day 17)
From 2:36:54 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Agreed Senate Amend or Sub)
Summary by Georgia Commons: The clerk described HB 414 as revising the campaign finance law's definition of a person to include certain nonresidents. The sponsor said the Senate substitute's primary change adds a defined due-process procedure for both in-state and out-of-state parties. No questions were asked. The House agreed to the Senate substitute, 169 to 0.
Status timeline
- Effective Date
- Act 438
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- House Agreed Senate Amend or Sub (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Engrossed (Senate)
Show full history (19 actions)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Recommitted (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Todd Jones (R, HD-25)
- Buddy DeLoach (R, HD-167)
- Stan Gunter (R, HD-8)
- Mitchell Scoggins (R, HD-14)
- Scott Holcomb (D, HD-101)
- Randy Robertson (R, SD-29)
Votes
- House voteFebruary 26, 2025
153 yea, 9 nay (5 not voting, 13 excused)
- Senate voteFebruary 5, 2026
29 yea, 20 nay (1 not voting, 4 excused)
- Senate voteFebruary 5, 2026
50 yea, 1 nay (0 not voting, 3 excused)
- House voteFebruary 11, 2026
169 yea, 0 nay (3 not voting, 5 excused)
Topics
- campaign finance
- state ethics commission
- election law
- government transparency
- out-of-state enforcement