HB1235: HB1235 Elections; candidates and certain committees that receive more than 50 percent of their funding from non-Georgia persons shall provide certain notices on their campaign advertisements; provide

26 LC 47 3983 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 to1 government transparency and campaign finance, so as to provide that candidates, campaign2 committees, independent committees, and leadership committees that receive more than 503 percent of their funding from non-Georgia persons shall provide certain notices on their4 campaign advertisements; to provide for definitions; to provide that candidates and campaign5 committees shall provide certain disclosures on their websites with regard to the percentages6 of out-of-state and in-state funding received by the candidate or campaign committee; to7 provide for updates of such disclosures; to provide for specifi cations for such notices and8 disclosures; to provide for violations and penalties; to provide for related matters; to provide9 an effective date; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Chapter 5 of Title 21 of the Official Code of Georgia Annotated , relating to government13 transparency and campaign finance, is amended in Code Section 2 1-5-3, relating to14 definitions, by revising paragraph (15) and adding new paragraphs to read as follows:15 H. B. 1235 - 1 - 26 LC 47 3983 "(11.1) 'Electioneering communication' means any communications through broadcast16 media, cable, radio, internet, telephone, mailing, billboard, or print that:17 (1) Is made or scheduled within 120 days of an election;18 (2) Exceeds the cost or value of $1,000.00;19 (3) Refers to a clearly identified candidate, proposed constit utional amendment, a20 state-wide referendum, or a proposed question which is to appear on the ballot; and21 (4) Is targeted at the geographic area where such candidate would represent if elected or22 the geographic area affected by such constitutional amendment, referendum, or ballot23 question."24 "(15) 'Independent committee' means any committee, club, associ ation, partnership,25 corporation, labor union, or other group of persons, other than a campaign committee,26 political party, or political action committee, which receives donations during a calendar27 year from persons who are members or supporters of the committe e and which expends28 such funds either for the purpose of affecting the outcome of a n election for any elected29 office or to advocate the election or defeat of any particular candidate, or is the functional30 equivalent of express advocacy or electioneering communications." 31 "(17.11) 'Non-Georgia person' means:32 (A) As to an individual, any individual except an individual who:33 (i) On the date such contribution or donation was made, was a registered Georgia34 voter; or35 (ii) Paid individual income taxes to the State of Georgia in t he calendar year36 preceding the date of such contribution or donation;37 (B) As to a business entity, any entity except an entity that:38 (i) On the date such contribution or donation was made, was re gistered with the39 Secretary of State to do business in this state;40 (ii) Paid individual or corporate income taxes to the State of Georgia in the calendar41 year preceding the date of such contribution or donation; or42 H. B. 1235 - 2 - 26 LC 47 3983 (iii) Filed a corporate income tax return with the Department or Revenue in the43 preceding calendar year or maintains sufficient economic presen ce, property, or44 payroll within this state to establish a nexus under state law; and45 (C) As to a campaign committee, independent committee, or poli tical action46 committee, any such committee which cannot demonstrate that the funds from which47 such committee made such contribution or donation came from individuals or entities48 exempted pursuant to subparagraphs (A) and (B) of this paragraph."49 SECTION 2.50 Said chapter is further amended by revising Code Section 21-5-3 1, which is reserved, as51 follows:52 "21-5-31.53 (a) Each candidate and his or her campaign committee, as well as each independent54 committee and leadership committee, that receives more than 50 percent of their campaign55 contributions in an election cycle from non-Georgia persons sha ll place a notice on all56 campaign advertising by such candidate, campaign committee, independent committee, and57 leadership committee that is made or purchased after such 50 percent threshold is met that58 states, 'This political advertisement was paid for by out-of-st ate interests.'. Such notice59 shall be in the same or larger font as the majority of the words in the print advertisement60 and placed in a prominent location on the print advertisement. In the case of radio or61 television advertisements, such notice shall be read aloud in a conversational tone and62 speed at the conclusion of any such advertisement.63 (b) Each candidate and his or her campaign committee, as well as each independent64 committee and leadership committee, shall display on the candid ate's or his or her 65 campaign committee's website in legible form a pie chart which shall show the percent of66 campaign contributions received by the candidate, campaign comm ittee, independent67 committee, or leadership committee over the current election cy cle from persons and68 H. B. 1235 - 3 - 26 LC 47 3983 entities domiciled in this state and the percent of campaign contributions received over the69 current election cycle from non-Georgia persons. Such percentages shall be updated on a70 monthly basis throughout the election cycle.71 (c)(1) It shall be a violation of this chapter and unlawful to fail to comply with the72 provisions of subsections (a) and (b) of this Code section. Ea ch violation of the73 provisions of subsections (a) and (b) of this Code sections shall be considered a separate74 and distinct violation.75 (2) Violations of this Code section may be subject to civil pe nalties as provided for in76 Code Section 21-5-6 or criminal penalties as provided for in Co de Section 21-5-9.77 Reserved."78 SECTION 3.79 This Act shall become effective upon its approval by the Governor or upon its becoming law80 without such approval.81 SECTION 4.82 All laws and parts of laws in conflict with this Act are repealed.83 H. B. 1235 - 4 -