House Bill 963
By: Representatives Martin of the 49th, Anderson of the 10th, Fleming of the 114th, Carson
of the 46th, and Blackmon of the 146th
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 prohibit foreign nationals from
contributing to or participating in any campaign to bring about the approval or rejection by
the voters of any proposed question which appears on the ballot; to provide for definitions;
to require certifications by certain campaign committees as to compliance with such
prohibition; to prohibit the disclosure of certain protected donor information; to provide for
a penalty; to provide for related matters; 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 (2) and adding new paragraphs to read as follows:
"(2) 'Campaign committee' means the candidate, person, or committee which accepts
contributions or makes expenditures designed to bring about the nomination or election
of an individual to any elected office. The term 'campaign committee' also means any
person or committee which accepts contributions or makes expenditures designed to
bring about the recall of a public officer holding elective office or to oppose the recall of
a public officer holding elective office or any person or any committee which accepts
contributions or makes expenditures designed to bring about the approval or rejection by
the voters of any proposed constitutional amendment, a state-wide referendum, or a
proposed question which is to appear on the ballot in this state <del>or</del> including any proposed
<ins>question which is to appear on the ballot</ins> in a county or a municipal election <del>in this state."
</del> <ins>"(8.1) 'Directly or indirectly' means acting either alone or jointly with, through, or on
behalf of any other individual, person, committee, organization, business entity, or group
of persons."
"(13.1) 'Foreign national' means:
(A) An individual who is not a citizen or lawful permanent resident of the United
States;
(B) A government of a foreign country or any subdivision thereof;
(C) A foreign political party;
(D) Any business entity that is organized under the laws of, or has its principal place
of business in, a foreign country; or
(E) Any business entity organized under federal law or the law of one of the United
States which is wholly or majority owned by individuals or organizations qualifying as
foreign nationals pursuant to subparagraphs (A) through (D) of this paragraph, unless:
(i) Any contribution or expenditure made by such entity is derived entirely from
funds generated by the such business entity's operations occurring within the United
States; and
(ii) All decisions, except for setting overall budget amounts, concerning the
contribution or expenditure are made by individuals who are American citizens or
lawful permanent residents of the United States.
(13.2) 'Foreign political party' means any organization or any other combination of
individuals in a country other than the United States, or any unit or branch thereof, having
</ins>
<ins>for an aim or purpose, or which is engaged in any activity devoted in whole or in part to
the establishment, administration, control, or acquisition of administration or control, of
a government of a foreign country or any subdivision thereof, or the furtherance or
influencing of the political or public interests, policies, or relations of a government of
a foreign country or any subdivision thereof."
"(20.1) 'Preliminary activity' includes, but is not limited to, conducting a poll or a focus
group, drafting ballot measure language, telephone calls, and travel."
</ins> SECTION 2.
Said chapter is further amended in Code Section 21-5-34, relating to campaign contribution
disclosure reports and committee registration, by revising subsections (a) and (h) as follows:
"(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee
organized to bring about the nomination or election of a candidate for any office and
the chairperson or treasurer of every campaign committee designed to bring about the
recall of a public officer or to oppose the recall of a public officer or designed to bring
about the approval or rejection by the voters of any proposed constitutional amendment,
state-wide proposed question, or state-wide referendum shall electronically sign and file
with the commission the required campaign contribution disclosure reports.
(B) The chairperson or treasurer of each independent committee shall file the required
disclosure reports with the commission.
(2)(A) Any campaign committee which accepts contributions or makes expenditures
designed to bring about the approval or rejection by the voters of any proposed question
which is to appear on the ballot in this state shall register with the commission and file
campaign contribution disclosure reports as prescribed by this chapter; provided,
however, that such reports shall only be required if such campaign committee has
received contributions which total more than $500.00 or if such campaign committee
has made expenditures which total more than $500.00. All advertising pertaining to
referendums shall identify the principal officer of such campaign committee by listing
or stating the name and title of the principal officer.
(B) <ins>Any campaign committee registration required to be filed with the commission
under subparagraph (A) of this paragraph shall be accompanied by a certification
affirming that no preliminary activity was funded by one or more foreign nationals,
whether directly or indirectly.
(C) Each campaign committee report required to be filed with the commission under
subparagraph (A) of this paragraph shall be accompanied by a certification affirming
that the donor associated with each contribution is not a foreign national and has not
knowingly or willfully received, solicited, or accepted, whether directly or indirectly,
contributions or expenditures from one or more foreign nationals aggregating in excess
of $100,000.00 within the four-year period immediately preceding the date of the
contribution.
(D)</ins> If a campaign committee is required to file a report with the commission under
subparagraph (A) of this paragraph, such report shall be electronically filed. Any such
report shall be filed 15 days prior to the date of the election. A final report shall be
filed prior to December 31 of the election year."
"(h) Any campaign committee which accepts contributions or makes expenditures
designed to bring about the approval or rejection by the voters of a proposed constitutional
amendment or a state-wide referendum shall file a campaign contribution disclosure report
75, 45, and 15 days prior to the date of the election and shall file a final report prior to
December 31 of the election year. <ins>Each report required by this subsection shall be
accompanied by a certification affirming that the donor associated with each contribution
is not a foreign national and has not knowingly or willfully received, solicited, or accepted,
whether directly or indirectly, contributions or expenditures from one or more foreign
nationals aggregating in excess of $100,000.00 within the four-year period immediately
preceding the date of the contribution."
</ins>
SECTION 3.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"21-5-37.
(a) A foreign national shall not direct, dictate, or control, directly or indirectly, or
participate in the decision-making process of any person with regard to that person's
activities to influence the approval or rejection by the voters of any proposed constitutional
amendment, proposed state-wide, county, or municipal question, or state-wide referendum.
(b) A foreign national shall not solicit, directly or indirectly, the making of a donation,
contribution, or expenditure by another person to influence the approval or rejection by the
voters of any proposed constitutional amendment, proposed state-wide, county, or
municipal question, or state-wide referendum.
(c) Upon receipt of a contribution by a campaign committee which accepts contributions
or makes expenditures designed to bring about the approval or rejection by the voters of
a proposed constitutional amendment, proposed state-wide, county, or municipal question,
or state-wide referendum, the committee shall obtain from the donor an affirmation that the
donor is not a foreign national and has not knowingly or willfully accepted funds
aggregating in excess of $100,000.00 from one or more foreign nationals within the
four-year period immediately preceding the date the contribution is made.
(d) Any investigation of an alleged violation of this Code section or an action brought
pursuant to Code Section 21-5-7 shall ensure that such investigation or action shields the
identity of lawful donors from disclosure to the maximum extent possible. No state or
local governmental entity, court, or officer of the court shall collect or require the
submission of information on the identity of any donor to a tax-exempt organization other
than those directly related to an alleged violation of this chapter.
(e) No state or local governmental entity, court, or officer of the court shall disclose to the
public, or another government official not directly involved in the investigation or action
brought pursuant to Code Section 21-5-7, information revealing the identity of any donor
</ins>
<ins>to a tax-exempt organization, unless the information is regarding the identity of a donor
that engaged in conduct prohibited by this chapter after a final determination has been
made that the donor committed such violation. Knowing or willful violations of this
subsection shall be punished as provided for in Code Section 21-5-9.
(f) Nothing in this chapter shall be deemed to create any new or eliminate any existing
donor disclosure rights or duties beyond those specifically enumerated in this Code
section."
</ins> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.