SR 292: Senate Special Committee on Investigations; investigate additional matters; to authorize the use of compulsory process to secure the attendance of witnesses; authorize

Senate Resolution 292

By: Senators Cowsert of the 46th, Kennedy of the 18th, Gooch of the 51st, Dolezal of the 27th, Anavitarte of the 31st and others

ADOPTED SENATE

A RESOLUTION

Authorizing the Senate Special Committee on Investigations to investigate additional matters; to authorize the use of compulsory process to secure the attendance of witnesses or the production of documents and materials related to such additional matters; and for other purposes.

WHEREAS, on January 15, 2025, the State Ethics Commission agreed to a settlement of a long-running ethics investigation into the New Georgia Project and the associated New Georgia Action Fund, both of which were founded by Stacey Abrams, that resulted in the payment of a $300,000.00 fine, the largest fine for an ethics violation in Georgia history; and

WHEREAS, as part of such settlement, the New Georgia Project and the New Georgia Action Fund admitted to 16 violations of Georgia campaign finance laws by illegally raising $4.2 million in donations and spending $3.2 million of dark money in support of Stacey Abrams' 2018 campaign for Governor and the state-wide campaigns of other Democrats running in the 2018 general election; and

WHEREAS, the New Georgia Project and the New Georgia Action Fund also admitted to illegally raising $646,000.00 in contributions and making $174,000.00 in dark money expenditures in support of a referendum seeking to have Gwinnett County join the Metropolitan Atlanta Rapid Transit Authority; and

WHEREAS, such funds were used for establishing field offices, canvassing activities, campaign literature promoting Stacey Abrams and other state-wide candidates, and social media engagement by the purportedly nonpartisan New Georgia Project and New Georgia Action Fund; and

WHEREAS, it is reported that Rick Thompson, the vice chairman of the State Ethics Commission, lamented that the actions of the New Georgia Project and the New Georgia Action Fund should be criminal because of the significant impact secret money can have on elections; and

WHEREAS, in February 2025, Lee Zeldin, the administrator of the federal Environmental Protection Agency, announced that another organization with ties to Stacey Abrams, Power Forward Communities, was awarded a $2 billion dollar grant in 2024; and

WHEREAS, Administrator Zeldin stated that such grant was governed by a grant agreement that provided for the funds to be disbursed within 21 days, with such disbursements made at the discretion of the organization more than 60 days before the organization was required to complete training on preparing a budget; and

WHEREAS, inquiry into the foregoing issues may show that existing state laws, including those establishing processes related to campaign finance and the operation of nonprofit organizations, are inadequate to address various legal and fiscal issues raised by the alleged and admitted conduct of multiple organizations with connections to Stacey Abrams; and

WHEREAS, such inquiry is necessary to determine whether Georgia laws related to campaign finance and ethics need to be strengthened to eliminate coordination between campaigns and advocacy organizations, or whether additional resources are necessary for state enforcement and oversight of such activities; and

WHEREAS, such inquiry is necessary to determine if any link exists between organizations receiving federal funds and political activities occurring within the State of Georgia such as the alleged and admitted conduct by multiple organizations associated with Stacey Abrams and whether additional state law or enforcement tools are necessary to address such illegal coordination and misuse of public funds; and

WHEREAS, the General Assembly, of which the Senate is a part, has "the power to make all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the United States, which it shall deem necessary and proper for the welfare of the state"; see Ga. Const. Art. III, Sec. VI, Para. I; and

WHEREAS, the General Assembly is further specifically empowered by the Constitution of the State of Georgia to pass legislation regarding the conducting of elections, see Ga. Const. Art. II, Sec. I, Para. I; and

WHEREAS, the Senate has the inherent power and authority to conduct investigations into any matter relevant to the administration and enforcement of existing laws, proposals for new or amended laws, and any other matter germane to its role as part of the legislative branch of state government; and

WHEREAS, the superior court of the Atlanta Judicial Circuit has considered the question of the Senate's authority to create the Special Committee on Investigations, see Willis v. The Georgia Senate Special Committee on Investigations, et al., Civil Action No. 24CV011204 (Ga. Super. Dec. 23, 2024); and

WHEREAS, the Superior Court in Willis agreed and acknowledged that precedent maintains that the "inherent powers of our State General Assembly are awesome … The legislature is absolutely unrestricted in its power to legislate, so long as it does not undertake to enact measures prohibited by the State or Federal Constitution," Willis at 2 (citing Ga. Power Co. v. Allied Chem. Corp., 233 Ga. 558, 565 (citing Sears v. State of Georgia, 232 Ga. 547, 553-54)); and

WHEREAS, the Willis court further recognized that the "State Constitution authorizes each chamber to adopt its own rules and create committees … Here, the Senate, as a chamber, empowered itself to issue subpoenas, which it was authorized to do," Willis at 3 (citing Ga. Const. Art. III, Sec. IV, Par. IV; Coggin v. Davey, 233 Ga. 407, 411); and

WHEREAS, such inherent powers also include the authority to create special committees for the purpose of conducting investigations and to endow such committees with all the inherent powers of investigation possessed by the Senate, including the power to compel the appearance and testimony of witnesses and the production of records and the power to place witnesses under oath or affirmation; and

WHEREAS, in addition to such inherent powers, Code Sections 45-15-17 and 45-15-19 empower the General Assembly to make investigations into the affairs of the state and further authorize compelling the appearance and testimony of witnesses and the production of records and grants, the power to place witnesses under oath or affirmation, and to enforce subpoenas issued pursuant thereto; and

WHEREAS, Article III, Section IV, Paragraph IV of the Georgia Constitution provides for the creation of interim committees pursuant to the authority of the General Assembly or of either house; and

WHEREAS, on January 13, 2025, the Senate adopted Senate Resolution 5 to recreate and reauthorize the Senate Special Committee on Investigations, and empowered such committee to investigate alleged and admitted misconduct by Fani Willis, the district attorney for the Atlanta Judicial Circuit; and

WHEREAS, Senate Resolution 5 authorized the Senate Special Committee on Investigations to undertake a legislative investigation, and granted such committee the power to administer oaths, call parties to testify under oath, require the attendance of witnesses and the production of books, records, and papers; and

WHEREAS, Senate Resolution 5 further authorized the Senate Special Committee on Investigations to issue subpoenas for witnesses or to compel the production of books, records, or papers, and authorized such committee to take such actions as it deems necessary; and

WHEREAS, in the exercise of the aforesaid powers, it is necessary to determine whether the conduct of various organizations associated with Stacey Abrams should be addressed by the enactment of new or amended laws of state-wide application, prompt some change in state enforcement of campaign finance and ethics laws, or both; and

WHEREAS, it is the sense of the Senate that such issues arising from or relating to the alleged and admitted conduct of various organizations associated with Stacey Abrams are best examined by a select group of Senators who, acting as a special committee, shall be empowered to exercise each of the Senate's inherent and statutory powers of investigation.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE:

(1) Expansion of Authority Already Delegated to the Senate Special Committee. The Senate hereby authorizes and empowers the Senate Special Committee on Investigations, established by Senate Resolution 5 to investigate and report upon the additional matters outlined in this resolution, and that such investigations and reports shall be in addition to, not in lieu of, the investigations authorized in Senate Resolution 5.

(2) Members and officers. The existing members and officers of the Senate Special Committee on Investigations shall remain as originally provided for in Senate Resolution 5.

(3) Powers and duties. The committee is hereby authorized to undertake an expanded legislative investigation into the issues mentioned above or related thereto. For the purpose of conducting any expanded investigation as provided herein, the committee shall have the same power to administer oaths; to call any party to testify under oath at such investigations; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses as provided for in Senate Resolution 5. For such purposes, the committee is reauthorized to issue subpoenas for any witness or to compel the production of any books, records, or papers and is further reauthorized to undertake such actions as may be necessary to enforce such subpoenas in cases of refusal to obey.

(4) Rules and meetings. Operation and meetings of the Senate Special Committee on Investigations carrying out the expanded investigatory powers granted in this resolution shall be governed by the provisions of Senate Resolution 5 regarding the rules and meetings of such committee to enable the committee to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution.

(5) Funding. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate.

(6) Report.

(A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation or changes in appropriations, the chairperson shall file a report of the same, subject to subparagraph (C) of this paragraph.

(B) In the event the committee adopts a report that does not include suggestions for proposed legislation or changes in appropriations, the chairperson shall file the report, subject to subparagraph (C) of this paragraph.

(C) No report shall be filed unless the same has been approved by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Secretary of the Senate.

(D) In the absence of an approved report, the chairperson may file with the Secretary of the Senate a copy of the minutes of the meetings of the committee in lieu thereof.