Chapter 189-6 CAMPAIGN CONTRIBUTIONS
Rule 189-6-.01 Receiving Contributions to Retire Debt
If following a candidate's last election in an election cycle, the candidate's funds are insufficient to pay all campaign obligations incurred prior to the election, the candidate may accept contributions which will be aggregated with contributions previously received for the last election for purposes of the contribution limits set forth in the Act. However, contributions received to retire campaign debt may not be accepted in excess of the amount necessary to retire the campaign debt remaining from such last election.
Rule 189-6-.02 Contributions for Candidates Without Primaries
Any person who will be on the general election ballot as a candidate in an election preceded by a primary election may accept contributions designated for such primary election even though such candidate does not appear on the primary ballot.
Rule 189-6-.03 Repealed
Rule 189-6-.04 Maximum Allowable Contribution by Political Committees
No political committee shall make, for any election, contributions to any candidate which, when aggregated with contributions to the same candidate for the same election from any affiliated political committees, exceed the per election contribution limits for such candidate as set forth in O.C.G.A. § 21-5-41. Campaign contribution limits on contributions to candidates do not apply to independent expenditures made to influence candidate elections. An independent expenditure is an expenditure for a communication which expressly advocates the election or defeat of a clearly identified candidate but which is made independently of any candidate's campaign. However, an expenditure is "independent" only if it meets certain conditions. It must not be made with the cooperation or consent of, or in consultation with, or at the request or suggestion of any candidate or any of his or her agents or authorized committees. An expenditure which does not meet the above criteria for independence is considered a contribution which is subject to limits.
Rule 189-6-.05 Specifying the Election for Which a Contribution Is Accepted
Recipients of campaign contributions must specify on their campaign contribution disclosure reports which election for which a contribution has been accepted. If no election is specified or if the recipient has not chosen the option of separately accounting for contributions, any such contribution shall be presumed to have been accepted for the election on or first following the date of the contribution.
Rule 189-6-.06 Contributions Received for an Election Which Does Not Occur or for Which a Candidate Does Not Qualify
Contributions received for an election beyond the candidate's next upcoming election, may be placed in a separate campaign depository account and may not be spent or encumbered until the preceding election has been held and it is determined that the candidate will be on the ballot for the election for which the separately accounted for contributions were received.
Rule 189-6-.07 In-Kind Contributions
| (1) | An in-kind contribution is deemed a "contribution" for purposes of the Act, and refers to any item of value other than money received by a candidate or any committee. |
| (2) | The aggregate of monetary and in-kind contributions from the same contributor shall not exceed the maximum contribution limits authorized by the Act. |
Rule 189-6-.08 Reporting of Investments
Any investment made with campaign contributions and held outside a candidate's or committee's official depository account shall be reported during each reporting period for which the investment is still held or a transaction is made. The reporting must identify any account numbers, the name and address of the institution or person which holds the account, interest, dividends, profit or loss from the sale of such investment, and any information identifying persons involved in any transaction of the investment during said reporting period. Proceeds earned on such investment shall only be used in the same manner as allowed by law for contributions.
Rule 189-6-.09 Reporting of Indebtedness
Candidates and committees shall report all indebtedness held during the period covered by each Campaign Contribution Disclosure Report.
Rule 189-6-.10 Filing of a Declaration of Intention to Accept Campaign Contributions before Campaign Contributions May be Accepted
| (1) | No person or campaign committee may accept campaign contributions, including personal loans, prior to the filing of a Declaration of Intention to Accept Campaign Contributions. |
| (2) | Neither a candidate who is already a public officer nor his or her campaign committee may lawfully accept a campaign contribution for a campaign for a different office unless and until that candidate has filed a Declaration of Intention to Accept Campaign Contributions for that different office. |
| (3) | A candidate may not provide a personal loan to his or her campaign prior to filing a Declaration of Intention to Accept Campaign Contributions. |
Rule 189-6-.11 When Campaign Contributions Made Via Check or Negotiable Instrument are Deemed Received
Contributions made via check or negotiable instrument are deemed received upon receipt of the check or other negotiable instrument by the candidate and/or committee.
Rule 189-6-.12 Notice to Commission of Anonymous Campaign Contributions
Any anonymous campaign contributions received by a candidate or campaign committee shall be transmitted to the state treasurer for deposit into the state treasury. Notice of any such campaign contribution and transmittal shall be verified and reported to the Commission by disclosing said contribution and transmittal on the candidate's or campaign committee's next regularly filed Campaign Contribution Disclosure Report.