Chapter 189-5 DISPOSITION OF CONTRIBUTIONS
Rule 189-5-.01 Disposition of Contributions Without Limitation
O.C.G.A. § 21-5-33 governs the proper disposition of campaign contributions. One of the specifically permitted uses for such funds is contained in O.C.G.A. § 21-5-33(b)(1)(B), which states "except as otherwise provided in subparagraph (D) of the paragraph, for transferal without limitation to any national, state, or local committee of any political party or to any candidate." However, contributions to any candidate or candidate's campaign committee may not exceed contribution limits, and such contributions are subject to all other restrictions or prohibitions contained in the Georgia Government Transparency and Campaign Finance Act or other applicable law.
Rule 189-5-.02 Contributions Remaining Unspent After the Election for Which They Were Received
At the conclusion of an election, contributions that are left over may be spent on subsequent elections in the same election cycle. If there are not remaining elections in the election cycle, or even if there are remaining elections but the candidate will not be on the ballot for any election remaining in the election cycle, all contributions left over after payment of campaign expenses must be disposed of following the law governing the appropriate use of excess contributions.
Rule 189-5-.03 Contributions Which Must Be Returned to Contributors
If the candidate has accepted contributions which were separately accounted for and held pending the results of a preceding election, such contributions may be disposed of following the law governing the appropriate use of excess contributions or returned in full to the original contributors thereof if either of the following are true:
| 1) | the election for which the contributions were accepted will not be held, or |
| 2) | the candidate for whom the contributions were accepted is not on the ballot in the election for which the contributions were accepted. |
Rule 189-5-.04 Undeliverable Refunds
Any refund which, for any reason, cannot be delivered to the original contributor due to a lack of forwarding address shall be treated as excess funds and only expended in a manner authorized for disposition of excess funds.
Rule 189-5-.05 Paying Off Campaign Debts
Candidates who have elected the option of separate accounting may not use contributions designated for a future election to pay debts from a prior election, unless and until the election for which the separately accounted for contributions were designated has been held, and campaign obligations remain outstanding from a prior election.