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 to
government transparency and campaign finance, so as to provide that the State Ethics
Commission shall not accept or reject complaints made against candidates 60 days prior to
an election; to provide that campaign and personal finance disclosure reports for local elected
officials shall be filed with the commission instead of locally; to provide that certain local
elected officials shall affirm their duty to complete all statutorily required training and
supplemental education for their offices; to provide uniform reporting dates for campaigns
for all levels of office; to provide for registration of certain political action committees; to
require certain political action committees to maintain bank accounts; to provide disclosure
reporting requirements for certain political action committees; to revise and make more
uniform reporting dates for personal financial disclosure statements for office holders and
candidates; to revise provisions related to reporting income on personal financial disclosure
statements for office holders; to provide that the commission shall not publicly release home
address information in its possession; to revise lobbyist reporting requirements to make the
reporting dates for such requirements more uniform; 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 by revising Code Section 21-5-7, relating
to initiation of complaints, as follows:
"21-5-7.
<ins>(a)</ins> The commission shall not initiate any investigation or inquiry into any matter under its
jurisdiction based upon the complaint of any person, including a staff attorney employed
by the commission, unless that person or staff attorney shall produce the same in writing
and verify the same under oath to the best information, knowledge, and belief of such
person, the falsification of which shall be punishable as false swearing under Code
Section 16-10-71.
<ins>(b)</ins> The person against whom any complaint is made shall be furnished by hand delivery
or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy
of the complaint by the commission within two business days of the commission's receipt
of such complaint and prior to any other public dissemination of such complaint.
<ins>(c) The commission shall not accept or reject a complaint made, nor issue a complaint on
its own cognizance, against a candidate in the 60 days immediately prior to an election in
which such candidate is seeking nomination for election or election."
</ins> SECTION 2.
Said chapter is further amended by revising Code Section 21-5-34, relating to campaign
disclosure reports relative to campaign contributions, as follows:
"21-5-34.
(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; <del>provided,
however, that public offices listed in subparagraph (F) or (G) of paragraph (22) of Code
Section 21-5-3 shall be subject to signing and filing requirements as prescribed by
paragraph (3) or (4) of this subsection, and recalls for such offices shall be subject to
signing and filing requirements the same as required of candidates for such offices as
prescribed by paragraph (3) or (4) of this subsection.
</del> (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 <del>or, in the case
of any proposed question which is to appear on the ballot in a county or municipal
election, shall register and file campaign disclosure reports with the same officials as
prescribed by paragraph (3) or (4) of this subsection for candidates for county or
municipal offices;</del> 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) 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; <del>and a.</del> <ins>A</ins> final report shall
be filed prior to December 31 of the election year.
<del>(3) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code
Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee
shall sign and file the required disclosure reports with the election superintendent in the
county of election. Upon receipt of any such report, the election superintendent shall
cause such report to be available for inspection and copying in accordance with Article 4
of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each such
report to the commission, electronically by eFiling or eFax, not later than 30 days after
the end of the grace period. No fine, fee, or sanction, including but not limited to
identifying a candidate as having filed late or failed to file, shall be imposed by the
commission on a candidate for the failure of the election superintendent to timely
transmit a copy of such report. The commission is authorized to impose civil penalties
pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6 against an election
superintendent who fails to properly transmit a copy of each such report, upon finding
that said superintendent willfully failed to comply with the provisions of this chapter.
(4) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code
Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee
shall sign and file the required disclosure reports with the municipal clerk in the
municipality of election or, if there is no clerk, with the chief executive officer of the
municipality; provided, however, that a municipality and a county may enter into an
agreement whereby such candidates, chairpersons, or treasurers shall file the required
disclosure reports with the county election superintendent instead. Upon receipt of any
such report, the municipal clerk, chief executive officer of the municipality, or county
election superintendent, as applicable, shall cause such report to be available for
inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The
municipal clerk, chief executive officer of the municipality, or county election
superintendent, as applicable, shall transmit a copy of each such report to the
commission, electronically by eFiling or eFax, not later than 30 days after the end of the
</del>
<del>grace period. No fine, fee, or sanction, including but not limited to identifying a
candidate as having filed late or failed to file, shall be imposed by the commission on a
candidate for the failure of the municipal clerk, chief executive officer of the county, or
county election superintendent to timely transmit a copy of such report. The commission
is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code
Section 21-5-6 against a municipal clerk, chief executive officer of the county, or county
election superintendent who fails to properly transmit a copy of each such report, upon
finding that said municipal clerk, chief executive officer of the county, or county election
superintendent willfully failed to comply with the provisions of this chapter.
</del> <ins>(a.1)(1) Notwithstanding the provisions of subsections (a) and (d.1) of this Code section
to the contrary, public offices listed in subparagraph (F) or (G) of paragraph (22) of Code
Section 21-5-3 shall be subject to the following signing and filing requirements until
December 31, 2026:
(A) A candidate for a public office listed in subparagraph (F) of paragraph (22) of
Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign
committee shall sign and file the required disclosure reports with the election
superintendent in the county of election. Upon receipt of any such report, the election
superintendent shall cause such report to be available for inspection and copying in
accordance with Article 4 of Chapter 18 of Title 50. The election superintendent shall
transmit a copy of each such report to the commission, electronically by eFiling or
eFax, not later than 30 days after the end of the grace period. No fine, fee, or sanction,
including but not limited to identifying a candidate as having filed late or failed to file,
shall be imposed by the commission on a candidate for the failure of the election
superintendent to timely transmit a copy of such report. The commission is authorized
to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6
against an election superintendent who fails to properly transmit a copy of each such
</ins>
<ins>report, upon finding that such superintendent willfully failed to comply with the
provisions of this chapter; or
(B) A candidate for a public office listed in subparagraph (G) of paragraph (22) of
Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign
committee shall sign and file the required disclosure reports with the municipal clerk
in the municipality of election or, if there is no clerk, with the chief executive officer
of the municipality; provided, however, that a municipality and a county may enter into
an agreement whereby such candidates, chairpersons, or treasurers shall file the
required disclosure reports with the county election superintendent instead. Upon
receipt of any such report, the municipal clerk, chief executive officer of the
municipality, or county election superintendent, as applicable, shall cause such report
to be available for inspection and copying in accordance with Article 4 of Chapter 18
of Title 50. The municipal clerk, chief executive officer of the municipality, or county
election superintendent, as applicable, shall transmit a copy of each such report to the
commission, electronically by eFiling or eFax, not later than 30 days after the end of
the grace period. No fine, fee, or sanction, including but not limited to identifying a
candidate as having filed late or failed to file, shall be imposed by the commission on
a candidate for the failure of the municipal clerk, chief executive officer of the county,
or county election superintendent to timely transmit a copy of such report. The
commission is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C)
of Code Section 21-5-6 against a municipal clerk, chief executive officer of the county,
or county election superintendent, as applicable, who fails to properly transmit a copy
of each such report, upon finding that such municipal clerk, chief executive officer of
the county, or county election superintendent willfully failed to comply with the
provisions of this chapter.
(2)(A) In the event a candidate for nomination or election to a public office listed in
subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson
</ins>
<ins>or treasurer of a campaign committee organized to bring about the nomination or
election of such candidate signs and files with the appropriate official specified by
subparagraphs (A) and (B) of paragraph (1) of this subsection a written notice that such
candidate or campaign committee does not intend to accept during such election cycle
a combined total of contributions exceeding $2,500.00 for the campaign nor make a
combined total of expenditures exceeding $2,500.00 for the campaign in such election
cycle, then such candidate or campaign committee shall not be required to file a report
under this Code section. The appropriate official shall transmit an electronic copy of
the written notice by eFiling or eFax to the commission within ten days of receipt of
such notice. The failure of the appropriate official to timely transmit such copy of the
written notice to the commission shall not disqualify the candidate or campaign
committee from the exemption from report filing provided by this paragraph.
(B) If such candidate or campaign committee exceeds the $2,500.00 limit for either
accepting contributions or making expenditures for such campaign during such election
cycle as specified in paragraph (1) of this subsection but does not accept a combined
total of contributions exceeding $5,000.00 in such election cycle nor make expenditures
exceeding $5,000.00 in such election cycle, then such candidate or campaign committee
shall be required to file only the July 31 and October 20 reports required by
paragraph (2) of subsection (c) of this Code section. The first such report shall include
all contributions received and expenditures made beginning January 1 of such calendar
year.
(C) If such candidate or campaign committee accepts a combined total of contributions
exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign
during any such election cycle, then such candidate or campaign committee chairperson
or treasurer shall thereupon be subject to the reporting requirements of this Code
section the same as if the written notice authorized by this subsection had not been
filed.
</ins>
<ins>(3) This subsection shall stand repealed on December 31, 2026.
</ins> (b)(1) All reports shall list the following:
(A) As to any contribution of more than $100.00, its amount and date of receipt, the
election for which the contribution has been accepted and allocated, along with the
name and mailing address of the contributor, and, if the contributor is an individual, that
individual's occupation and the name of his or her employer. Such contributions shall
include, but shall not be limited to, the purchase of tickets for events such as dinners,
luncheons, rallies, and similar fund-raising events coordinated for the purpose of raising
campaign contributions for the reporting person;
(B) As to any expenditure of more than $100.00, its amount and date of expenditure,
the name and mailing address of the recipient receiving the expenditure, and, if that
recipient is an individual, that individual's occupation and the name of his or her
employer and the general purpose of the expenditure;
(C) When a contribution consists of a loan, advance, or other extension of credit, the
report shall also contain the name of the lending institution or party making the advance
or extension of credit and the names, mailing addresses, occupations, and places of
employment of all persons having any liability for repayment of the loan, advance, or
extension of credit; and, if any such persons shall have a fiduciary relationship to the
lending institution or party making the advance or extension of credit, the report shall
specify such relationship;
(D) Total contributions received and total expenditures shall be reported for an election
cycle as follows:
(i) The first report filed after an election year shall list the cash on hand brought
forward from the previous election cycle, if any, and the total contributions received
during the period covered by the report;
(ii) Subsequent reports shall list the total contributions received during the period
covered by the report and the cumulative total of contributions received during the
election cycle;
(iii) The first report filed after an election year shall list the total expenditures made
during the period covered by the report;
(iv) Subsequent reports shall list the total expenditures made during the period
covered by the report, the cumulative total of expenditures made during the election
cycle, and net balance on hand; and
(v) If a public officer seeks reelection to the same public office, or if the public
officer is a member of the General Assembly seeking reelection in another district as
a result of redistricting, the net balance on hand at the end of the current election cycle
shall be carried forward to the first report filed after the election year;
(E) The corporate, labor union, or other affiliation of any political action committee or
independent committee making a contribution of more than $100.00;
(F) Any investment made with funds of a campaign committee, independent
committee, or political action committee and held outside such committee's official
depository account during each reporting period for which an investment exists or a
transaction applying to an identifiable investment is made. The report shall identify the
name of the entity or person with whom such investment was made, the initial and any
subsequent amount of such investment if such investment was made during the
reporting period, and any profit or loss from the sale of such investment which occurred
during such reporting period; and
(G) Total debt owed on the last day of the reporting period.
(2) Each report shall be in such form as will allow for the separate identification of a
contribution or contributions which are less than $100.00 but which become reportable
due to the receipt of an additional contribution or contributions which when combined
with such previously received contribution or contributions cumulatively equal or exceed $100.00.
(c) Candidates or campaign committees which accept contributions, make expenditures
designed to bring about the nomination or election of a candidate, or have filed a
declaration of intention to accept campaign contributions pursuant to subsection (g) of
Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance
with the following schedule:
(1) In each nonelection year: <ins>on January 31, April 30, July 31, and October 20;
</ins> <del>(A) Candidates for public office and public officers as defined in subparagraphs (A),
(C), and (D) of paragraph (22) of Code Section 21-5-3 shall file on January 31 and
June 30.
(B) Candidates for public office and public officers as defined in subparagraphs (B),
(F), and (G) of paragraph (22) of Code Section 21-5-3 shall file on June 30 and
December 31;
</del> (2) In each election year:
(A) On January 31, April 30, <del>June 30, September 30, October 25, and December 31
</del> <ins>July 31, and October 20;
</ins> (B) Six days before any run-off primary or election in which the candidate is listed on
the ballot; and
(C) During the period of time between the last report due prior to the date of any
election for which the candidate is qualified and the date of such election, all
contributions of $1,000.00 or more shall be reported within two business days of receipt
and also reported on the next succeeding regularly scheduled campaign contribution
disclosure report; provided, however, that this subparagraph shall only apply to
contributions of $1,000.00 or more that are designated for the same actual election as
the one for which the individual is currently a candidate. Nothing in this Code section
shall be construed to require a contribution of $1,000.00 or more that is designated as
a general election contribution to be reported during the two business day report period
of a primary election;
(3) If the candidate is a candidate in a special primary or special primary runoff, 15 days
prior to the special primary and six days prior to the special primary runoff; and
(4) If the candidate is a candidate in a special election or special election runoff, 15 days
prior to the special election and six days prior to the special election runoff.
All persons or entities required to file reports shall have a five-day grace period in filing
the required reports, except that the grace period shall be two days for required reports
prior to run-off primaries or run-off elections, and no grace period shall apply to
contributions required to be reported within two business days. Reports required to be filed
within two business days of a contribution shall be reported by facsimile or electronic
transmission. Any facsimile filing shall also have an identical electronic filing within five
business days following the transmission of such facsimile filing. Each report required in
the election year shall contain cumulative totals of all contributions which have been
received and all expenditures which have been made in support of the campaign in question
and which are required, or previously have been required, to be reported.
(d) In the event any candidate covered by this chapter has no opposition in either a primary
or a general election and receives no contribution of more than $100.00, such candidate
shall only be required to make the initial and final report as required under this chapter.
(d.1)(1) In the event a candidate for nomination or election to a public office listed in
subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or
treasurer of a campaign committee organized to bring about the nomination or election
of such candidate signs and files with the <del>appropriate official specified by paragraph (3)
or (4) of subsection (a) of this Code section</del> <ins>commission</ins> a written notice that such
candidate or campaign committee does not intend to accept during such election cycle a
combined total of contributions exceeding $2,500.00 for the campaign nor make a
combined total of expenditures exceeding $2,500.00 for the campaign in such election
cycle, then such candidate or campaign committee shall not be required to file a report
under this Code section. <del>The appropriate official shall transmit an electronic copy of the
written notice by eFiling or eFax to the commission within ten days of receipt of such
notice. The failure of the appropriate official to timely transmit such copy of the written
notice to the commission shall not disqualify the candidate or campaign committee from
the exemption from report filing provided by this paragraph.
</del> (2) If such candidate or campaign committee exceeds the $2,500.00 limit for either
accepting contributions or making expenditures for such campaign during such election
cycle as specified in paragraph (1) of this subsection but does not accept a combined total
of contributions exceeding $5,000.00 in such election cycle nor make expenditures
exceeding $5,000.00 in such election cycle, then such candidate or campaign committee
shall be required to file only the <del>June 30 and December 31</del> <ins>July 31 and October 20</ins> reports
required by paragraph (2) of subsection (c) of this Code section. The first such report
shall include all contributions received and expenditures made beginning January 1 of
such calendar year.
(3) If such candidate or campaign committee accepts a combined total of contributions
exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign
during any such election cycle, then such candidate or campaign committee chairperson
or treasurer shall thereupon be subject to the reporting requirements of this Code section
the same as if the written notice authorized by this subsection had not been filed.
(e) Any person who makes contributions to, accepts contributions for, or makes
expenditures on behalf of candidates, and any independent committee, shall file a
registration in the same manner as is required of campaign committees prior to accepting
or making contributions or expenditures. Such persons, other than independent
committees, shall also file campaign contribution disclosure reports at the same times as
required of the candidates they are supporting and a December 31 campaign contribution
disclosure report regardless of whether the candidate they are supporting has a
December 31 campaign contribution disclosure report due. The following persons shall
be exempt from the foregoing registration and reporting requirements:
(1) Individuals making aggregate contributions of $25,000.00 or less directly to
candidates or the candidates' campaign committees in one calendar year;
(2) Persons other than individuals making aggregate contributions and expenditures to
or on behalf of candidates of $25,000.00 or less in one calendar year; and
(3) Contributors who make contributions to only one candidate during one calendar year.
<ins>(e.1) Any political action committee which makes contributions to, accepts contributions
for, or makes expenditures on behalf of candidates shall file a registration in the same
manner as is required of campaign committees prior to accepting or making contributions
or expenditures. Prior to such registration, such political action committee shall open a
bank account in the name of such political action committee and shall maintain such bank
account until the political action committee is terminated. Such political action committee
shall also file campaign contribution disclosure reports on January 31, April 30, July 31,
and October 20 of each year until the bank account required by this subsection has been
zeroed out and the political action committee has been terminated.
</ins> (f)(1) Any independent committee which accepts contributions or makes expenditures
for the purpose of affecting the outcome of an election or advocates the election or defeat
of any candidate shall register with the commission prior to accepting contributions or
making expenditures and shall file disclosure reports as follows:
(A) On the first day of each of the two calendar months preceding any such election;
(B) Two weeks prior to the date of such election; and
(C) Within the two-week period prior to the date of such election the independent
committee shall report within two business days any contributions or expenditure of
more than $1,000.00.
The independent committee shall file a final report prior to December 31 of the election
year and shall file supplemental reports on June 30 and December 31 of each year that
such independent committee continues to accept contributions or make expenditures.
(2) Reports filed by independent committees shall list the following:
(A) The amount and date of receipt, along with the name, mailing address, occupation,
and employer of any person making a contribution of more than $100.00;
(B) The name, mailing address, occupation, and employer of any person to whom an
expenditure or provision of goods or services of the value of more than $100.00 is made
and the amount, date, and general purpose thereof, including the name of the candidate
or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the
expenditure or provision was made;
(C) Total expenditures made as follows:
(i) Expenditures shall be reported for the applicable reporting year;
(ii) The first report of a reporting year shall list the total expenditures made during
the period covered by the report; and
(iii) Subsequent reports shall list the total expenditures made during the period
covered by the report, the cumulative total of expenditures made during the reporting
year, and net balance on hand; and
(D) The corporate, labor union, or other affiliation of any political action committee,
candidate, campaign committee, or independent committee making a contribution of
the value of more than $100.00.
(3) Whenever any independent committee makes an expenditure for the purpose of
financing any communication intended to affect the outcome of an election, such
communication shall clearly state that it has been financed by such independent
committee.
(g) Any campaign committee which accepts contributions or makes expenditures designed
to bring about the recall of a public officer or to oppose the recall of a public officer shall
file campaign contribution disclosure reports as follows:
(1) An initial report shall be filed within 15 days after the date when the official recall
petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report;
(3) A third report shall be filed within 20 days after the election superintendent certifies
legal sufficiency or insufficiency of a recall petition; and
(4) A final report shall be filed prior to December 31 of the year in which the recall
election is held or, in any case where such recall election is not held, a final report shall
be filed prior to December 31 of any year in which such campaign committee accepts
such contributions or makes such expenditures.
(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.
(i)(1) Any person elected to a public office who is required to file campaign contribution
disclosure reports pursuant to this article shall, upon leaving public office with excess
contributions, be required to file supplemental campaign contribution disclosure reports
on <del>June 30 and December 31</del> <ins>January 31, April 30, July 31, and October 20</ins> of each year
until such contributions are expended in a campaign for elective office or used as
provided in subsection (b) of Code Section 21-5-33.
(2) Any person who is an unsuccessful candidate in an election and who is required to
file campaign contribution disclosure reports pursuant to this article shall for the
remainder of the election cycle file such reports at the same times as a successful
candidate and thereafter, upon having excess contributions from such campaign, be
required to file a supplemental campaign contribution disclosure report <del>no later than
December 31</del> <ins>on January 31, April 30, July 31, and October 20</ins> of each year until such
contributions are expended in a campaign for elective office or used as provided in
subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who
is required to file campaign contribution disclosure reports pursuant to this article and
who receives contributions following such election to retire debts incurred in such
campaign for elective office shall be required to file a supplemental campaign
contribution disclosure report <del>no later than December 31</del> <ins>on January 31, April 30, July
31, and October 20</ins> of each year until such unpaid expenditures from such campaign are
satisfied.
(j) Notwithstanding any other provision of this chapter to the contrary, soil and water
conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the
'Soil and Water Conservation Districts Law,' shall not be required to file campaign
contribution disclosure reports under this Code section.
(k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00
shall be imposed by the person or entity with which filing is required for each report that
is filed late, and notice of such late fee shall be sent to the candidate and the candidate's
committee in the same manner by which the penalized report was filed with the
commission. However, if the report in question was not filed or was filed with the
commission in a manner other than electronic filing or certified mail, return receipt
requested, the commission shall utilize certified mail, return receipt requested, to notify
the candidate and the candidate's committee of the late fee due. The notice shall include
the schedule of increasing late fees for late filings and the dates upon which such late fees
shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day
after the due date for such report if the report has not been filed by such date. A late fee
of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if
such report has not been filed. Notice by electronic means <del>does</del> <ins>shall</ins> not satisfy the
requirements of this paragraph; and any increased late fees shall be stayed until at least
ten days after proper notice has been given as specified in this paragraph.
(2) The commission shall retain $25.00 of the first late fee received by the commission
for processing pursuant to the provisions of Code Section 45-12-92.1.
(l) It shall be the duty of the commission <del>or other official</del> when it receives for filing any
disclosure report or statement or other document that may be filed by mail to maintain with
the filed document a copy of the postal markings or statutory overnight delivery service
markings of any envelope, package, or wrapping in which the document was delivered for
filing if mailed or sent after the date such filing was due.
(m) Any person or entity which is required to be registered under this Code section shall
file a termination statement together with its final campaign contribution disclosure report
as required by this Code section within ten days of the dissolution of a campaign or
committee. The termination statement shall identify the person responsible for maintaining
campaign records as required by this chapter."
SECTION 3.
Said chapter is further amended in Code Section 21-5-50, relating to filing by public officers,
filing by candidates for public office, filing by elected officials and members of the General
Assembly, and electronic filing, by revising subsections (a) and (c) as follows:
"(a)(1) Except as modified in subsection (c) of this Code section with respect to
candidates for state-wide elected public office,:
<ins>(A) Each</ins> <del>each</del> public officer, as defined in subparagraphs (A) through (D) of
paragraph (22) of Code Section 21-5-3, <ins>and each person who qualifies as a candidate
for election to any such public office</ins> shall file with the commission <del>not before the first
day of January nor</del> <ins>no</ins> later than <del>July</del> <ins>April</ins> 1 of each year in which such public officer
holds office <del>other than an election year</del> a financial disclosure statement for the
preceding calendar year; and
<ins>(B) Each</ins> <del>each</del> person who qualifies <ins>in a special election</ins> as a candidate for election as
a public officer, as defined in subparagraphs (A) through (D) of paragraph (22) of Code
Section 21-5-3, shall file with the commission, no later than the fifteenth day following
the date of qualifying as a candidate, a financial disclosure statement for the preceding
calendar year.
(2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in
subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file
a financial disclosure statement pursuant to this Code section. Each such public officer
shall, however, be deemed to be a public official for purposes of Code Section 45-10-26
and shall be subject to the disclosure requirements set forth in Code Section 45-10-26.
In addition, each such public officer shall file with the commission, prior to January 31
each year, an affidavit confirming that such public officer took no official action in the
previous calendar year that had a material effect on such public officer's private financial
or business interests; provided, however, that, if a public officer as defined in
subparagraph (E) of paragraph (22) of Code Section 21-5-3 has previously filed or is
subject to filing a financial disclosure statement with the commission pursuant to this
paragraph, and <del>said</del> <ins>such</ins> financial disclosure statement covers the same calendar year as
would be covered by the affidavit required by this Code section, the public officer shall
be exempted from filing an affidavit. No retired judge or senior judge of any court of this
state shall be required to file an affidavit pursuant to this Code section.
(3) A public officer, as defined in subparagraph (E) of paragraph (22) of Code
Section 21-5-3, who serves as a member of the commission shall be subject to the
requirements for filing financial disclosure statements set forth in paragraph (1) of this
subsection. In addition, each such public officer shall file with the commission, together
with the financial disclosure statement, an affidavit confirming that such public officer
took no official action in the previous calendar year that had a material effect on such
public officer's private financial or business interests.
(3.1)(A) <ins>Until December 31, 2026, a</ins> <del>A</del> public officer and candidates for election as a
public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code
Section 21-5-3, shall make filings of the same kind and in the same manner as provided
in paragraph (1) of this subsection for other public officers and candidates for election
as a public officer except that filings under this paragraph shall be made with the
election superintendent of the county in the case of public officers and candidates for
election as a public officer as defined in <del>said</del> <ins>such</ins> subparagraph (F) and shall be made
with the municipal clerk in the municipality of election or, if there is no clerk, with the
chief executive officer of the municipality in the case of public officers as defined in
<del>said</del> <ins>such</ins> subparagraph (G). The election superintendent, municipal clerk, or chief
executive officer, as applicable, shall transmit, electronically by eFiling or eFax, a copy
of each such report to the commission not later than 30 days after the close of the
reporting period. No fine, fee, or sanction, including but not limited to identifying a
public officer or candidate for election as a public officer as having filed late or failed
to file, shall be imposed by the commission on the public officer or candidate for
election as a public officer for the failure of the election superintendent, municipal
clerk, or chief executive officer, <ins>as applicable,</ins> to timely transmit a copy of such report.
<ins>(B) On and after January 1, 2027, a public officer and candidates for election as a
public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code
Section 21-5-3, shall make filings of the same kind and in the same manner as provided
in paragraph (1) of this subsection for other public officers and candidates for election
as a public officer; provided, however, that a candidate for election as a public officer
as defined in subparagraph (G) of paragraph (22) of Code Section 21-5-3 shall make
such filings no later than September 1 instead of April 1.
(3.2)(A) In the case of public officers and candidates for election as a public officer as
defined in subparagraph (F) of paragraph (22) of Code Section 21-5-3, when such
public officers and candidates are qualifying for election to a county governing
</ins>
<ins>authority or to a local board of education, such public officer or candidate shall make
an affirmation in such filings acknowledging, in the case of public officers and
candidates for a county governing authority, the requirement for such newly elected
county officials to receive training pursuant to Code Section 36-20-4, and in the case
of public officers and candidates as an elected member of a local board of education,
the requirement for such newly elected members receive training pursuant to Code
Section 20-2-230.
(B) In the case of public officers and candidates for election as a public officer as
defined in subparagraph (G) of paragraph (22) of Code Section 21-5-3, when such
public officers and candidates are qualifying for election, such public officer or
candidate shall make an affirmation in such filings acknowledging the requirement for
newly elected municipal officials to receive training pursuant to Code Section 36-45-4.
(C) The affirmations required by subparagraphs (A) and (B) of this paragraph need not
be transmitted to the commission.
</ins> (4) Each member of the State Transportation Board shall file a financial disclosure
statement for the preceding calendar year no later than the sixtieth day following such
member's election to the State Transportation Board. Thereafter, each board member
shall file by <del>January 31</del> <ins>April 1</ins> of each year a financial disclosure statement for the
preceding year. In addition, each board member shall file with the commission, prior to
<del>January 31</del> <ins>April 1</ins> of each year, an affidavit confirming that such board member took no
official action in the previous calendar year that had a material effect on such board
member's private financial or business interests.
(5) The commission or the applicable official under paragraph (3.1) of this subsection
shall review each financial disclosure statement to determine that such statement is in
compliance with the requirements of this chapter.
(6) A public officer shall not, however, be required to file such a financial disclosure
statement for the preceding calendar year in an election year if such public officer does
not qualify for nomination for election to succeed himself or herself or for election to any
other public office subject to this chapter. For purposes of this paragraph, a public officer
shall not be deemed to hold office in a year in which the public officer holds office for
fewer than 15 days."
"(c)(1) Each person who qualifies with a political party as a candidate for party
nomination to a public office elected state wide, (including an incumbent public officer
elected state wide qualifying to succeed himself or herself), shall file with the
commission, not later than <del>seven days after so qualifying</del> <ins>April 1 of such election year,
</ins> a financial disclosure statement. Each person who qualifies as a candidate for election
to a public office elected state wide through a nomination petition or convention shall
likewise file a financial disclosure statement not later than <del>seven days after filing his or
her notice of candidacy</del> <ins>April 1 of such election year.</ins> Such financial disclosure statement
shall comply with the requirements of subsections (a) and (b) of this Code section and
shall in addition identify, for the preceding five calendar years:
(A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar
year in which the candidate (whether for himself or herself or on behalf of any
business) or any business in which such candidate or any member of his or her family
has a substantial interest or is an officer of such business has transacted business with
the government of the State of Georgia, the government of any political subdivision of
the State of Georgia, or any agency of any such government; and
(B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar
year in which the candidate or any business in which such candidate or any member of
his or her family has a substantial interest or is an officer of such business received any
income of any nature from any person who was at the time of such receipt of income
represented by a lobbyist registered with the commission pursuant to Article 4 of this
chapter.
(2) The financial disclosure statement required by paragraph (1) of this subsection shall
include an itemized list of the transactions required to be reported, including the date of,
dollar amount of, and parties to each such transaction. However, with respect to any
transactions of a privileged nature only the total amount of such transactions shall be
required to be reported, and names, dates, amounts of individual transactions, and other
identifying data may be omitted; and for this purpose 'transactions of a privileged nature'
shall include transactions between attorney and client, transactions between psychiatrist
and patient, transactions between physician and patient, and any other transactions which
are by law of a similar privileged and confidential nature.
(3) The financial disclosure statement required by paragraph (1) of this subsection shall
be accompanied by a financial statement of the candidate's financial affairs for the five
calendar years prior to the year in which the election is held and the first quarter of the
calendar year in which the election is held.
(3.1) The financial disclosure statement required by paragraph (1) of this subsection shall
include the source or sources of the candidate's income for the five calendar years prior
to the year in which the election is held <del>and the first quarter of the calendar year in which
the election is held.
</del> (4) As used in this subsection, the term:
(A) 'Agency' means any agency, authority, department, board, bureau, commission,
committee, office, or instrumentality of the State of Georgia or any political subdivision
of the State of Georgia.
(B) 'Financial statement' means a statement of a candidate's financial affairs <del>in a form
substantially equivalent to the short form financial statement required for bank directors
under the rules of the Department of Banking and Finance</del> <ins>which details the source and
type of income with an indication of which of the following categories the amount or
value of such item of income is within:
(i) Not more than $1,000.00;
</ins>
<ins>(ii) Greater than $1,000.00 but not more than $2,500.00;
(iii) Greater than $2,500.00 but not more than $5,000.00;
(iv) Greater than $5,000.00 but not more than $15,000.00;
(v) Greater than $15,000.00 but not more than $50,000.00;
(vi) Greater than $50,000.00 but not more than $100,000.00;
(vii) Greater than $100,000.00 but not more than $250,000.00;
(viii) Greater than $250,000.00 but not more than $500,000.00;
(ix) Greater than $500,000.00 but not more than $1 million;
(x) Greater than $1 million but not more than $5 million; or
(xi) Greater than $5 million.
</ins> (C) 'Person' and 'transact business' shall have the meanings <del>specified</del> <ins>set forth</ins> in Code
Section 45-10-20.
(D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more
of the assets or stock of any business.
(5) Notwithstanding any other provisions of this subsection, if, due to a special election
or otherwise, a person does not qualify as a candidate for nomination or election to public
office until after the filing date otherwise applicable, such person shall make the filings
required by this subsection within seven days after so qualifying."
SECTION 4.
Said chapter is further amended by revising Code Section 21-5-51, relating to inspection and
copying of financial disclosure statements, as follows:
"21-5-51.
<ins>(a)</ins> Financial disclosure statements filed pursuant to this article shall be public records and
shall be subject to inspection and copying by any member of the public as provided by law
for other public records.
<ins>(b) Notwithstanding subsection (a) of this Code section or any provision of Chapter 18 of
Title 50 to the contrary, the commission shall redact any identifiable home addresses from
any records the commission discloses, posts, or releases to the public."
</ins> SECTION 5.
Said chapter is further amended in Code Section 21-5-73, relating to lobbyist disclosure
reports, by revising subsections (b), (c), and (d) as follows:
"(b) A person who is required to register under this article and:
<ins>(1) Lobbies</ins> <del>lobbies</del> to promote or oppose the passage of any legislation by the General
Assembly, or any committee of either chamber or a joint committee thereof, or the
approval or veto of legislation by the Governor <del>shall file a semimonthly disclosure report
on the first and fifteenth day of each month, current through the end of the preceding
report, beginning January 15 and continuing throughout the period that the General
Assembly is in session.;
</del> <ins>(2) Lobbies to promote or oppose the passage of any ordinance or resolution by a public
officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,
or any committee of such public officers, or the approval or veto of any such ordinance
or resolution;
(3) Lobbies to promote or oppose the passage of any legislation by the General
Assembly, or any committee of either chamber or a joint committee thereof, or the
approval or veto of legislation by the Governor;
(4) As an employee of the executive branch or judicial branch of local government,
lobbies to promote or oppose the passage of any ordinance or resolution by a public
officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,
or any committee of such public officers, or the approval or veto of any such ordinance
or resolution;
</ins>
<ins>(5) Lobbies to influence a public officer or state agency in the selection of a vendor to
supply any goods or services to any state agency; or
(6) Lobbies to promote or oppose any matter before the State Transportation Board shall
file a monthly disclosure report, current through the end of the preceding period, on or
before the fifth day of each month.
</ins> (c) <ins>In addition to the requirements of subsection (b) of this Code section, a</ins> <del>A</del> person who
is required to register under this article and lobbies to promote or oppose the passage of any
ordinance or resolution by a public officer specified under subparagraph (F) or (G) of
paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the
approval or veto of any such ordinance or resolution shall: <ins>file a disclosure report on or
before the fifth day of each month, provided that all persons or entities required to file such
reports shall have a five-day grace period in filing the required reports.
</ins> <del>(1) File a disclosure report, current through the end of the preceding month, on or before
the fifth day of May, September, and January of each year instead of the reports required
by subsections (b) and (d) of this Code section; and
(2) File such report with the commission, file a copy of such with the election
superintendent of each county involved if the report contains any lobbying expenditures
relating to county or county school district affairs, and file a copy of such report with the
municipal clerk (or if there is no municipal clerk, with the chief executive officer of the
municipality) of each municipality involved if the report contains any lobbying
expenditures relating to municipal affairs or independent school district affairs.
</del> (d) <ins>Reserved.</ins> <del>A person who is required to register under this article and:
(1) Lobbies to promote or oppose the passage of any legislation by the General
Assembly, or any committee of either chamber or a joint committee thereof, or the
approval or veto of legislation by the Governor;
(2) As an employee of the executive branch or judicial branch of local government,
lobbies to promote or oppose the passage of any ordinance or resolution by a public
</del>
<del>officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3,
or any committee of such public officers, or the approval or veto of any such ordinance
or resolution;
(3) Lobbies to influence a public officer or state agency in the selection of a vendor to
supply any goods or services to any state agency; or
(4) Lobbies to promote or oppose any matter before the State Transportation Board shall
file a monthly disclosure report, current through the end of the preceding period, on or
before the fifth day of each month; provided, however, that such monthly reports shall
not be filed during any period that the lobbyist files a semimonthly report pursuant to
subsection (b) of this Code section."
</del> SECTION 6.
This Act shall become effective on January 1, 2026.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.