Chapter 189-3 DISCLOSURE REPORTS
| (1) |
Contributions. Contributions of more than
$100.00, including contributions of lesser amounts when the aggregate amount
from a contributor is more than $100.00 for the calendar year in which the
report is filed, shall be listed on each report as follows:
| (a) |
For contributions by any individual list:
| 1. |
the individual's name in alphabetical order
by last name; |
| 2. |
the individual's
occupation; |
| 3. |
the complete mailing
address of the individual; |
| 4. |
the
amount of the contribution; |
| 5. |
the
date of receipt of the contribution, |
| 6. |
the individual's employer; and, |
| 7. |
the election for which the contribution has
been accepted and allocated. |
|
| (b) |
For contributions by any corporation,
labor union, political action committee, or other organization or entity list:
| 1. |
the contributor's name in alphabetical
order; |
| 2. |
the contributor's complete
mailing address; |
| 3. |
the corporate,
labor union, or other affiliation of any political action committee if
applicable; |
| 4. |
the amount of the
contribution, |
| 5. |
the date of receipt
of the contribution; and, |
| 6. |
the
election for which the contribution has been accepted and allocated. |
|
| (c) |
When a contribution consists
of a loan, advance, or other extension of credit, the report shall also list:
| 1. |
The name of the lending institution or
party making the loan, advance, or extension of credit; |
| 2. |
The names, mailing addresses, occupations,
and places of employment of all persons having any liability for the repayment
of the loan, advance, or extension of credit; and, |
| 3. |
The fiduciary relationship, any such person
has with the lending institution or party making the loan, advance, or
extension of credit. |
|
|
| (2) |
Common Source Contributions $100.00 or
Less.
| (a) |
Unless otherwise reported
individually, separate contributions of $100.00 or less which are knowingly
received from a common source (members of the same family, firm, or
partnership, or employees of the same company, firm, corporation or other
association or group are considered a common source) must be aggregated and
listed on campaign contribution disclosure reports. |
| (b) |
The purchase of tickets for not more than
$25.00 each and for attendance at a fundraising event by members of the same
family, firm, or partnership or employees of the same person shall not be
considered to be contributions from a common source except to the extent that
tickets are purchased as a block. |
|
| (3) |
Expenditures. Expenditures of more than
$100.00, including expenditures of lesser amounts when the aggregate amount to
a recipient is more than $100.00 for the calendar year in which the report is
filed, shall be listed on each report as follows:
| (a) |
the name of each recipient in
alphabetical order by last name or by company name; |
| (b) |
the complete mailing address of the
recipient; |
| (c) |
if recipient is an
individual, list the occupation and place of employment; |
| (d) |
the amount of the expenditure; |
| (e) |
the general purpose of the expenditure
with such detail as shows the expenditure is for a purpose lawfully authorized
for campaign funds; and, |
| (f) |
the
date of the expenditure. |
|
| (4) |
Campaign Contribution Disclosure Reports
by Candidates who file a Declaration of Intention to Accept Campaign
Contributions but do not qualify to run for office. If a person files a
declaration of intention to accept campaign contributions but does not qualify
to run for office, the following campaign contribution disclosure reports are
required:
| (a) |
Persons who would have been in a
primary election must file: (1) The June 30 Campaign Contribution Disclosure
Report, and (2) the January 31 Campaign Contribution Disclosure Report
immediately following the election referred to in the declaration of intention
to accept campaign contributions. Any person who has excess contributions from
the campaign must file a December 31 supplemental campaign contribution
disclosure report each year thereafter until all contributions are expended as
provided in the Act. |
| (b) |
Persons
who would have been in a general or special election must file:
| (1) |
the October 25 and December 31 reports if
the person would have been in a general election, and |
| (2) |
the fifteen days before special election
report and December 31 report if the person would have been in a special
election.
Candidates who file a declaration of intention to accept
campaign contributions and an Exemption Affidavit, but who do not qualify to
run for office may file a Final Report and Termination Statement within 10 days
of the dissolution of their campaign.
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|
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| (5) |
Campaign Contribution Disclosure Reports
by Candidates who file an Exemption Affidavit. A candidate who files an
Exemption Affidavit but exceeds the $2,500 contribution threshold for either
contributions or expenditures during the election cycle must file the next
regularly scheduled Campaign Contribution Disclosure Report. Such a candidate
must report all contributions and expenditures from January 1 to the date of
the report. |
| (6) |
Campaign
Contribution Disclosure Reports by Candidates with contributions or
expenditures greater than $2,500 but less than $5,000. Candidates with
contributions or expenditures greater than $2,500 but less than $5,000 must
file an amendment to their October 25 Campaign Contribution Disclosure Report
which reports all contributions and expenditures made between the October 25
report and December 31. |
| (7) |
Campaign Contribution Disclosure Reports by Local Candidates with contributions
or expenditures greater than $2,500 but less than $5,000 in special or run-off
election or in non-election year. Local candidates with contributions or
expenditures greater than $2,500 but less than $5,000 are only required to file
the June 30 and October 25 reports required by O.C.G.A. § 21-5-34(c)(2).
Such candidates are not required to file the reports required by O.C.G.A.
§ 21-5-34(c)(1),(c)(3), or
(c)(4). |
| (8) |
Campaign Contribution Disclosure Reports
by Candidates in Special Elections. Except as provided above, candidates in
special elections must file a December 31 Campaign Contribution Disclosure
Report. |
| (9) |
Campaign Contribution
Disclosure Reports by Non-Candidate Campaign Committees.
| (a) |
Contributions made to political parties
or political action committees must be disclosed on campaign contribution
disclosure reports the same as if those contributions had been made directly to
candidates. |
| (b) |
There are three
instances in which a contributor is not required to file campaign contribution
disclosure reports: (1) if the contributor's total contributions and
expenditures to or on behalf of all candidates for the calendar year does not
exceed $25,000 in the aggregate; or, (2) if, regardless of the dollar amount
involved, the contributor makes contributions to only one candidate during the
calendar year, or (3) if the contributor is an individual who makes aggregate
contributions of $25,000.00 or less directly to candidates or the candidates'
campaign committees in one calendar year. |
| (c) |
A Recall Committee which supports or
opposes a recall election shall files campaign contribution disclosure reports
as prescribed by O.C.G.A. § 21-5-34(g). |
| (d) |
A Committee which supports or opposes a
proposed constitutional amendment or state-wide referendum shall files campaign
contribution disclosure reports if any contributions are received or any
expenditures are made and shall register with the Commission and file campaign
contribution disclosure reports as prescribed by O.C.G.A. § 21-5-34(h). |
| (e) |
Any Campaign Committee which accepts
contributions which total more than $500 or makes expenditures which total more
than $500 designed to bring about the approval or rejection by the voters of
any proposed question which is to appear on the ballot in a county or municipal
election, shall register and file campaign contribution disclosure reports with
the same officials as prescribed by O.C.G.A. § 21-5-34(a)(3)
or O.C.G.A. § 21-5-34(a)(2)(A). |
| (f) |
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. |
|
When a person pays for or provides goods, services, a gift,
subscription, membership, loan, forgiveness of debt, extension of credit,
advance or deposit of money, or anything of value on behalf of a candidate or a
campaign committee for the purpose of influencing an election, it is a
"contribution" and is subject to the contribution limits (except as otherwise
provided in O.C.G.A. §§ 21-5-41
and
21-5-42).
The contribution shall be reported on the campaign contribution disclosure
report for the time period in which it occurs.
| (1) |
Payments by Credit Card.
| (a) |
If a candidate or campaign committee pays
for goods or services directly or indirectly by using a credit card merely as a
conduit through which funds are paid to an end-recipient, the expenditure must
be itemized and shall be shown on the campaign contribution disclosure report
in the time period it is incurred. |
| (b) |
The campaign contribution disclosure
report shall identify the name of the person to whom the credit card was
issued, the name of the credit card company, as well as each end-recipient, and
shall include the following:
| 1. |
name of the
person to whom the credit card was issued; |
| 2. |
name of the credit card company and
complete mailing address; |
| 3. |
lump
sum amount paid to the credit card company; |
| 4. |
name of each end-recipient and occupation
if an individual; |
| 5. |
complete
mailing address of each end-recipient; |
| 6. |
amount of the payment to each
end-recipient; |
| 7. |
description of
the goods or services provided by each end-recipient with sufficient detail to
identify it as a lawfully authorized use of campaign funds. |
|
|
| (2) |
Payments Through or
By a Third Party.
| (a) |
Campaign expenditures
made by a third party on behalf of a candidate or campaign committee must be
itemized to identify the actual end recipient of the expenditure and shall be
reported on the campaign contribution disclosure report for the time period
during which the expense is incurred when the third party making the
expenditure or the actual end recipient of the expenditure is under the
management, direction or control of the candidate or campaign committee
regarding the performance of its work.
Campaign expenditures made by third parties on behalf of a
candidate or campaign committee need not be itemized to identify the actual end
recipient of the expenditure but shall be reported as otherwise required when
such third parties as well as the actual end recipients of the expenditure are
independent contractors or otherwise not under the management, direction or
control of the candidate or campaign committee. An individual or corporation
shall be considered an independent contractor for the purposes of this section
when it is retained by a candidate or campaign committee and, while the
individual or corporation may follow the candidate's or campaign committee's
desires as to results of work, the candidate or campaign committee does not
manage, director of control such individual's or corporation's performance of
their work. If the third party is a consulting firm, media placement firm, or
advertising agency, the disclosure shall include the name of at least one
principal in the firm. Where applicable, the principal so disclosed shall be
the individual most responsible for the provision of services to the candidate
or campaign committee.
|
| (b) |
The campaign contribution disclosure report shall identify the third party, as
well as, each end-recipient and shall include the following:
| 1. |
name of the third party and occupation if
an individual; |
| 2. |
complete mailing
address of the third party; |
| 3. |
lump
sum amount paid to the third party; |
| 4. |
name of each end-recipient and occupation
if an individual; |
| 5. |
complete
mailing address of each end-recipient; |
| 6. |
amount paid to each
end-recipient; |
| 7. |
description of
the goods or services provided by each end-recipient with sufficient detail to
identify it as a lawfully authorized use of campaign funds. |
|
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| (1) |
If a candidate or a campaign committee
reimburses a person directly or indirectly for goods, services, or anything of
value which was paid for on behalf of the candidate or campaign committee, it
must be itemized and shall be reported as an expenditure on the campaign
contribution disclosure report for the time period in which the reimbursement
is made. All extensions or advancements of credit are subject to the
contribution limits except as otherwise provided in O.C.G.A. §§ 21-5-41
and
21-5-42. |
| (2) |
The campaign contribution disclosure
report shall identify the person receiving reimbursement, as well as, each
end-recipient and shall include:
| (a) |
name,
and occupation if an individual, of the person receiving
reimbursement; |
| (b) |
complete mailing
address; |
| (c) |
lump sum amount
paid; |
| (d) |
name, and occupation if
an individual, of each end-recipient; |
| (e) |
complete mailing address of each
end-recipient; |
| (f) |
amount paid to
each end-recipient; |
| (g) |
description
of the goods or services provided by each end-recipient with sufficient detail
to identify it as a lawfully authorized use of campaign funds. |
|
| (1) |
Definitions.
The following words and terms as used in this rule shall have the meaning
hereinafter ascribed to them:
| (a) |
"Campaign
traveler" - any candidate, public officer, staff member traveling on behalf of
a campaign, person traveling on behalf of a candidate or public officer in
connection with a campaign for public office, or person traveling on behalf of
a committee for campaign purposes. |
| (b) |
"Fair market value of a noncommercial
flight" - the value set by the Commission for flight on noncommercial
aircraft. |
| (c) |
"Noncommercial
aircraft" - aircraft owned and operated for noncommercial purposes, including
but not limited to fixed wing aircraft and helicopters. |
| (d) |
"Service provider" - the owner of an
aircraft, or a person who leases an aircraft from the owner or otherwise
obtains a legal right to the use of an aircraft, and who uses the aircraft to
provide transportation to a campaign traveler. |
| (e) |
"Unreimbursed value" - the difference
between the value of noncommercial flight as set by the Commission and the
payment made for such flight by a candidate or public officer for campaign
purposes. Any such unreimbursed value is an in-kind contribution. |
|
| (2) |
Fair market value. The fair
market value of a noncommercial flight on noncommercial aircraft will be set by
the Commission on a yearly basis and will apply until next revised by the
Commission. The fair market value shall be based on:
| (a) |
The number and type of the aircraft's
engines, e.g., one propeller, two propellers, or two jet engines; |
| (b) |
The seating capacity of the aircraft;
and |
| (c) |
The mileage of the
flight. |
|
| (3) |
Calculation
of apportionment and pro rata values.
| (a) |
A
candidate may apportion the fair market value of flight(s) on noncommercial
aircraft for mixed-use purposes as follows:
| 1. |
If a trip involves both campaign and non-campaign related stops, any
expenditure for a noncommercial flight arriving at, or departing from, a
campaign related stop must be disclosed in accordance with this rule.
Campaign-related activity shall not include any incidental contacts. |
| 2. |
If a stop consists of both an official
event that is in furtherance of a public officer's fulfillment of office and an
event that is for campaign purposes in the public officer's role as a
candidate, then the public officer need not disclose the value of the arrival
and departure flights so long as the official event would have occurred
regardless of any campaign event and the public officer has not paid for the
flight with campaign funds. |
|
| (b) |
The pro rata share of a flight on
noncommercial aircraft with campaign travelers from different campaigns or
committees, or campaign travelers and non-campaign travelers, shall be as
follows:
| 1. |
If the entire use of the
noncommercial aircraft is by one campaign or committee, then no pro rata
calculation shall be made. |
| 2. |
If
more than one campaign or committee has campaign travelers on a flight, or if
there is a mix of campaign travelers and non-campaign travelers, then a
candidate's pro rata share shall be calculated by
either:
| i. |
multiplying the fair market value of the flight by the number of campaign
travelers for that candidate's campaign, and then dividing this number by the
total number of passengers, or |
| ii. |
dividing the fair market value by the number of campaigns and committees
represented on the flight, minus any share of the value of the flight
attributable to non-campaign travelers. |
|
|
|
| (4) |
Non-Commercial Travel
| (a) |
For non-commercial travel by a candidate
on an aircraft owned or leased by that candidate or an immediate family member
of that candidate that is conducted in connection with such candidate's
campaign for elective office:
| (1) |
The
candidate, campaign, or other person/entity shall utilize the formulas
delineated in Advisory Opinion 2012-04 and 2012-06 at Line 83 to Line 113 in
order to properly calculate the expenses associated with non-commercial travel
by a candidate on aircraft owned or leased by a candidate or an immediate
family member of that candidate. |
|
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| (5) |
Disclosure. Reporting of flights on
noncommercial aircraft for campaign purposes by a candidate, public officer or
member of a committee shall be as follows:
| (a) |
The candidate, public officer, or committee that makes an expenditure for a
flight (or that records an in-kind contribution for a flight) must disclose on
the Campaign Contribution Disclosure Report due for the reporting period in
which the flight occurred the departure and arrival airport(s) of the flight
and the Commission mileage rate applicable to the aircraft used and by which
the value of the flight is being assessed. |
| (b) |
A candidate or committee shall reimburse
the service provider of the aircraft the pro rata share of the fair market
value of a noncommercial flight as set by the Commission, not including the
receipt of an in-kind contribution in the form of unreimbursed value, if
applicable. |
| (c) |
A public officer
may expend campaign funds for flight(s) on noncommercial aircraft if such
flight is an ordinary and necessary expense incurred in connection with the
public officer's fulfillment or retention of office. Any such expenditure must
be valued in accordance with Rule 189-3-.06(2), must be disclosed in accordance
with Rule 189-3-.06(4), and must be documented in accordance with Rule
189-3-.06(5). |
|
| (6) |
Recordkeeping. The candidate, public officer or committee on whose behalf the
flight is conducted shall maintain documentation for inspection by the
Commission which includes the following information:
| (a) |
The service provider and the size, model,
make and tail number of the aircraft used; and |
| (b) |
An itinerary showing the departure and
arrival cities and the date(s) of departure and arrival, the number of
passengers on each leg of a flight, along with a confirmation of how many
passengers are, and are not, campaign travelers. |
|
Lobbyists must disclose the fair market value of the provision
of noncommercial aircraft, as defined by
189-3-.06, to public officers or their
staff members if the purpose of such provision is for lobbyist activities. Such
disclosure must be in accordance with Rule
189-3-.06 and disclosed on the
Lobbyist Disclosure Report due for the reporting period in which the flight
occurred.
Local filing entities and their staff may render assistance to
local filers if such assistance is ordinary and in the course of performing
their regular duties. However, local filing entities and their staff shall not
give advice or opinions in connection with any assistance provided to local
filers, nor shall the local filing entities assist filers with the completion
of the filings unless such assistance is only clerical in
nature.
Local candidates who file a Two Business Day Report via
facsimile with their local filing entity must file within five (5) business
days thereafter the Two Business Day Report electronically pursuant to the
local filing entities' own rules.
Local filing entities must transmit a candidate's Declaration
of Intention to the Commission within ten (10) days of it being filed with the
local filing entity.
Anything that would qualify as a "lobbying expenditure" under
O.C.G.A. § 21-5-70(4.1) if made
by a lobbyist to or for a public official or public employee shall constitute a
"lobbying expenditure" if made by a lobbyist to or for a family member of a
public official or public employee. For purposes of this Rule,"a family member"
means the spouse, parents, and dependent children of the respective public
official or public employee.
| (1) |
The signature
requirement for the renewal of a lobbyist registration may be satisfied by the
transmittal of a facsimile, copy, or reproduction of the lobbyist signature,
and the transmittal by an applicant of a signature in such a format shall
constitute a representation that the statements on the application are true to
the same extent an original signature would do so. |
| (2) |
The signature requirement of O.C.G.A.
§ 21-5-71(b)(5)
may be satisfied by the provision of copy of the authorizing agent's
signature. |
