Eleanor Finch
Campaign finance laws in Georgia are governed by the Federal Election Commission (FEC) and the Georgia Government Transparency and Campaign Finance Commission. These laws apply to direct campaign contributions as well as independent expenditures by third-party organisations and nonprofits. While the FEC governs federal election campaigns and contribution limits, individual states enforce their own regulations and reporting requirements, which vary across states. In Georgia, a candidate seeking state office must file with the Georgia Government Transparency and Campaign Finance Commission, while a candidate seeking federal office must file with the FEC.
| Characteristics | Values |
|---|---|
| Regulatory agency that administers and enforces federal campaign election laws | Federal Election Commission (FEC) |
| Agency that oversees candidate filing and election procedures | Georgia Government Transparency and Campaign Finance Commission |
| Agency that oversees campaign finance reporting and compliance with the Campaign Finance Act | Georgia Government Transparency and Campaign Finance Commission |
| Individuals | Individuals can give to independent expenditure-only groups, but there are limits on how much they can contribute directly to candidates |
| Corporations | Cannot limit corporate funding of independent political broadcasts in candidate elections; can broadcast electioneering communications in the 30 days before a presidential primary and the 60 days before a general election |
| For-profit and not-for-profit corporations and unions | Can broadcast electioneering communications in the 30 days before a presidential primary and the 60 days before a general election |
| Third-party organizations and nonprofit organizations | Campaign finance laws apply to those seeking to influence elections through independent expenditures or issue advocacy |
| Political action committees (PACs) | Can make unlimited contributions to other federal political committees |
| Super PACs | Can accept unlimited contributions, including from corporations and labor organizations |
| National party committees | Separate limits for presidential nominating conventions, election recounts, legal proceedings, and national party headquarters buildings |
| Date of receipt | The date the contribution is received by the campaign or a person acting on its behalf; used for reporting purposes and affects the application of the net debts outstanding rule |
| Electronic contributions | The date of receipt is the date the committee receives authorization of the transaction |
| In-kind contributions | The date of receipt is the date the goods or services are provided to the committee |
| Nonpartisan groups | Asian Americans Advancing Justice Atlanta, The New Georgia Project, NAACP Georgia, and Galeo |
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What You'll Learn
Federal Election Commission (FEC) regulations
The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign election laws. The FEC enforces the Federal Election Campaign Act of 1971 (FECA), which limits the amount of money individuals and political organisations can give to a candidate running for federal office.
FECA requires candidates for president, Senate, and the House of Representatives to report the names of individuals and organisations contributing to their campaigns, as well as the amounts. Candidates can spend unlimited amounts of their own personal funds on their campaigns, but they must disclose the amount spent to the FEC.
FECA also prohibits certain entities from contributing to federal election campaigns. For example, incorporated charitable organisations and federal government contractors are prohibited from making contributions. Foreign nationals are also prohibited from making or receiving contributions in connection with any federal, state, or local election.
The FEC recommends that campaigns encourage contributors to designate their donations for specific elections. This ensures that the contributor's intent is clear and helps to avoid the appearance of excessive contributions. If a campaign receives excessive contributions, it must follow specific procedures for handling the funds.
Additionally, the FEC provides guidelines for reporting contribution dates. The date of receipt, which is the date the campaign actually receives the contribution, is used for reporting purposes and affects the application of certain rules. Electronic contributions are considered received when the committee obtains authorisation, and in-kind contributions are received when the goods or services are provided.
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State-level donation rules
The Federal Election Commission (FEC) governs federal election campaigns and contribution limits, but individual states enforce their own regulations and reporting requirements. The FEC is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions, and overseeing public funding of presidential elections. An individual becomes a federal candidate and must begin reporting campaign finances once they have either raised or spent $5,000 in their campaign.
Campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy. The FEC recommends that campaigns encourage contributors to designate their contributions for specific elections. Written designations promote consistency in reporting and avoid the possible appearance of excessive contributions on reports.
In the 2010 Citizens United v. Federal Election Commission decision, the Supreme Court held that corporate funding of independent political broadcasts in candidate elections cannot be limited. This decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and the 60 days before a general election.
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Third-party organisations
Campaign finance laws in Georgia govern third-party organisations and nonprofits that try to sway elections through independent spending or issue advocacy. The Federal Election Commission (FEC) is the independent regulatory agency that administers and enforces federal campaign election laws. The FEC is responsible for revealing campaign finance information, enforcing limits and prohibitions on contributions, and overseeing public funding of presidential elections.
While the FEC governs federal election campaigns and contribution limits, individual states enforce their own regulations and reporting requirements. Regulations vary by state, as do limits on campaign contributions and third-party activities to influence elections. A candidate seeking state office in Georgia must file with the Georgia Government Transparency and Campaign Finance Commission. A candidate seeking federal office must file with the FEC.
Nonprofit organisations are also considered third-party organisations. In the 2010 Citizens United v. Federal Election Commission decision, the Supreme Court ruled that corporate funding of independent political broadcasts in candidate elections could not be limited. This decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and the 60 days before a general election.
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Non-profit organisations
Non-profit organizations are subject to specific regulations when it comes to political donations and campaigning in Georgia. It's important to note that the rules governing federal election campaigns and contributions have evolved over time due to various Supreme Court decisions.
Firstly, non-profit organizations should be mindful of the Johnson Amendment, passed by Congress in 1954. This amendment prohibits tax-exempt organizations, including non-profits, from directly campaigning for or against specific political candidates. The rationale behind this amendment is to prevent the federal government from indirectly subsidizing political ideologies, as non-profit entities receive government support through tax exemptions.
While non-profit organizations cannot explicitly endorse or oppose candidates, they can still contribute to the political process in other ways. For instance, non-profits have positively impacted the political landscape by providing non-partisan support to registration drives, voter education programs, and candidate debates. It is crucial for non-profits to maintain their objectivity and refrain from endorsing particular candidates or parties.
Additionally, non-profit organizations are subject to campaign finance laws and regulations. In Georgia, a candidate seeking state office must file with the Georgia Government Transparency and Campaign Finance Commission, while those seeking federal office must file with the Federal Election Commission (FEC). The FEC is responsible for enforcing limits and prohibitions on contributions, as well as overseeing public funding in presidential elections. Non-profits should ensure they comply with these regulations when making independent expenditures or engaging in issue advocacy during political campaigns.
Furthermore, while the Citizens United v. Federal Election Commission decision in 2010 allowed corporate funding of independent political broadcasts, it did not change the contribution limits for direct donations to candidates. Non-profit organizations must be mindful of these distinctions and adhere to the applicable contribution limits when participating in political campaigns.
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Campaign finance bills
Campaign finance laws in Georgia regulate the amounts and sources of money given or received for political purposes. These laws apply to individuals, groups, and third-party organisations, including nonprofit organisations, seeking to influence elections through independent expenditures or issue advocacy.
The Federal Election Commission (FEC) governs federal election campaigns and contribution limits, but individual states enforce their own regulations and reporting requirements. In Georgia, a candidate seeking state office must file with the Georgia Government Transparency and Campaign Finance Commission, while a candidate seeking federal office must file with the FEC.
Recent campaign finance bills introduced in or passed by the Georgia state legislature include:
- Bills related to candidate filing and election procedures.
- Bills related to campaign finance reporting and compliance with the Campaign Finance Act.
The Georgia Government Transparency and Campaign Finance Commission provides specific guidance on campaign contribution limits. Additionally, the FEC has outlined several recommendations and requirements regarding contribution limits and reporting procedures. For example, campaigns are encouraged to designate contributions for specific elections, and there are rules in place for handling excessive contributions.
Furthermore, the FEC requires individuals to report campaign finances once they have raised or spent $5,000 in their campaign. This reporting can be completed online, but candidates must first submit an original Personal Financial Disclosure PIN Application to the commission. Before accepting any contributions, candidates who are not already holding office must file a Declaration of Intention to Accept Campaign Contributions (Form DOI) with the commission.
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Frequently asked questions
In the US, the Federal Election Commission (FEC) administers and enforces federal campaign election laws, disclosing campaign finance information and enforcing limits and prohibitions on contributions. However, individual states enforce their own regulations and reporting requirements. In Georgia, a candidate seeking state office must file with the Georgia Government Transparency and Campaign Finance Commission.
Yes, there are limits on how much can be donated directly to candidates. However, independent-expenditure-only political committees (or "Super PACs") may accept unlimited contributions, including from corporations and labor organizations.
Websites such as OpenSecrets allow you to trace donations to politicians and political committees at the federal and state levels in Georgia. Ballotpedia also provides an overview of campaign finance requirements in Georgia.
