HB 414: Elections; "person" to include certain nonresidents; revise definition

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.

• 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.

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.

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.

• 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.

1. 2026-05-11Effective Date 2026-05-11
2. 2026-05-11Act 438
3. 2026-05-11House Date Signed by Governor (Cámara de Representantes)
4. 2026-04-06House Sent to Governor (Cámara de Representantes)
5. 2026-02-11House Agreed Senate Amend or Sub (Cámara de Representantes)
6. 2026-02-05Senate Passed/Adopted By Substitute (Senado)
7. 2026-02-05Senate Third Read (Senado)
8. 2026-02-05Senate Engrossed (Senado)

• Todd Jones (R, HD-025)Patrocinador principal
• Buddy DeLoach (R, HD-167)
• Stan Gunter (R, HD-008)
• Mitchell Scoggins (R, HD-014)
• Scott Holcomb (D, HD-101)
• Randy Robertson (R, SD-029)

1. AprobadaVotación: Cámara de Representantes26 de febrero de 2025

   153 a favor, 9 en contra (5 sin votar, 13 ausentes)

   Passage: House Vote #97

2. AprobadaVotación: Senado5 de febrero de 2026

   29 a favor, 20 en contra (1 sin votar, 4 ausentes)

   Motion To Engross: Sb 403, Hb 414: Senate Vote #518

3. AprobadaVotación: Senado5 de febrero de 2026

   50 a favor, 1 en contra (0 sin votar, 3 ausentes)

   Passage By Substitute: Senate Vote #521

4. AprobadaVotación: Cámara de Representantes11 de febrero de 2026

   167 a favor, 0 en contra (3 sin votar, 5 ausentes)

   Agree To Senate Substitute: House Vote #503

• campaign finance
• state ethics commission
• election law
• government transparency
• out-of-state enforcement