07 LC 29
2553
House
Bill 102
By:
Representatives Lindsey of the
54th,
Wilkinson of the
52nd,
Oliver of the
83rd,
Geisinger of the
48th,
Jamieson of the
28th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 21 of the Official Code of Georgia Annotated, relating to elections,
so as to create a taxpayer funded method of financing certain judicial elections
for certain candidates who demonstrate public support and accept strict
fund-raising and spending limitations; to change certain provisions relating to
the duty of the State Election Board; to change certain provisions relating to
the enforcement of Chapter 2 of said title, relating to elections and primaries
generally; to provide that the State Election Board enforce provisions relating
to the "Georgia Public Financing for State-wide Judicial Office Campaign Fund
Act"; to provide for a short title; to make legislative findings; to provide for
definitions; to provide for a fund to finance the election campaigns of certain
judicial candidates; to provide for establishing the fund and the mechanics of
operating fund distribution, including qualifications of candidates, timing of
fund distribution, amount of fund distribution, method of fund distribution, and
restrictions on contributions and expenditures in order to obtain and continue
to receive public funding for campaigning; to provide for an advisory council
for the fund; to provide for appointments and terms of office for members of the
advisory council; to provide for appeals; to provide for rule making; to provide
for public reporting of information; to provide for voluntary contributions to
the fund through the state income tax return; to provide for the Department of
Revenue´s assistance in collecting contributions and transmitting them to
the fund; to change provisions relating to maximum allowable contributions; to
revise provisions relating to accounting for and expenditure of campaign
contributions; to provide for related matters; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
21 of the Official Code of Georgia Annotated, relating to elections, is amended
by revising Code Section 21-2-31, relating to duties of the State Election
Board, as follows:
"21-2-31.
It
shall be the duty of the State Election Board:
(1)
To supervise and coordinate the work of the office of the Secretary of State,
superintendents, registrars, deputy registrars, poll officers, and other
officials so as to obtain uniformity in their practices and proceedings and
legality and purity in all primaries and elections;
(2)
To formulate, adopt, and promulgate such rules and regulations, consistent with
law, as will be conducive to the fair, legal, and orderly conduct of primaries
and elections; and, upon the adoption of each rule and regulation, the board
shall promptly file certified copies thereof with the Secretary of State and
each superintendent;
(3)
To publish and furnish to primary and election officials, from time to time, a
sufficient number of indexed copies of all primary and election laws and
pertinent rules and regulations then in force;
(4)
To publish and distribute such explanatory pamphlets regarding the
interpretation and application of primary and election laws as in the opinion of
the board should be distributed to the electorate;
(5)
To investigate, or authorize the Secretary of State to investigate, when
necessary or advisable the administration of primary and election laws and
frauds and irregularities in primaries and elections and to report violations of
the primary and election laws either to the Attorney General or the appropriate
district attorney who shall be responsible for further investigation and
prosecution.;
and to investigate when necessary or advisable the administration of and
compliance with Chapter 2A of this title and to report violations of Chapter 2A
of this title either to the Attorney General or the appropriate district
attorney who shall be responsible for further investigation and
prosecution. Nothing in this paragraph
shall be so construed as to require any complaining party to request an
investigation by the board before such party might proceed to seek any other
remedy available to that party under this
chapter,
Chapter 2A of this title, or any other
provision of law;
(6)
To make such recommendations to the General Assembly as it may deem advisable
relative to the conduct and administration of primaries and
elections;
(7)
To promulgate rules and regulations to define uniform and nondiscriminatory
standards concerning what constitutes a vote and what will be counted as a vote
for each category of voting system used in this state;
(8)
To formulate, adopt, and promulgate such rules and regulations, consistent with
law, as necessary for the administration of Chapter 2A of this title and file
certified copies thereof with the Secretary of State;
(9)
To publish and furnish forms for use in the administration of Chapter 2A of this
title;
(8)(10)
To employ such assistants as may be necessary;
(9)(11)
Subject to funds being specifically appropriated by the General Assembly, to
formulate and conduct a voter education program concerning voting procedures for
voting by absentee ballot and at the polls with particular emphasis on the
proper types of identification required for voting; and
(10)(12)
To take such other action, consistent with law, as the board may determine to be
conducive to the
administration
of Chapter 2A of this title and to the
fair, legal, and orderly conduct of primaries and elections."
SECTION
2.
Said
title is further amended by revising Code Section 21-2-33.1, relating to the
enforcement of Chapter 2 of Title 21, as follows:
"21-2-33.1.
(a)
The State Election Board is vested with the power to issue orders, after the
completion of appropriate proceedings, directing compliance with this chapter
or Chapter 2A
of this title or prohibiting the actual or
threatened commission of any conduct constituting a violation
of either
chapter, which order may include a
provision requiring the violator:
(1)
To cease and desist from committing further violations;
(2)
To pay a civil penalty not to exceed $5,000.00 for each violation of this
chapter or
Chapter 2A of this title or for each
failure to comply with any provision of this chapter
or Chapter 2A
of this title or of any rule or regulation
promulgated under this chapter
or Chapter 2A
of this title. Such penalty may be
assessed against any violator as the State Election Board deems
appropriate;
(3)
To publicly reprimand any violator found to have committed a
violation;
(4)
To require that restitution be paid by any violator to a state, county, or city
governing authority when it has suffered a monetary loss or damage as the result
of a violation;
(5)
To require violators to attend training as specified by the board;
and
(6)
To assess investigative costs incurred by the board against any violator found
to have committed a violation.
(b)
A civil penalty shall not be assessed against any violator except after notice
and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' In addition to the State Election Board, any contested case may
be held before any representative of such board who has been selected and
appointed by such board for such purpose. The amount of any civil penalty
finally assessed shall be recoverable by a civil action brought in the name of
the State Election Board. All moneys recovered pursuant to this Code section
shall be deposited in the state
treasury,
except any moneys recovered pursuant to the enforcement of Chapter 2A of this
title shall be deposited in the Georgia Public Financing for State-wide Judicial
Office Campaign Fund.
(c)
The Attorney General of this state shall, upon complaint by the State Election
Board, bring an action in the superior court in the name of the State Election
Board for a temporary restraining order or other injunctive relief or for civil
penalties assessed against any violator of any provision of this chapter
or Chapter 2A
of this title or any rule or regulation
duly issued by the State Election Board.
(d)
Any action brought by the Attorney General to enforce civil penalties assessed
against any violator of this chapter
or Chapter 2A
of this title or any rule or regulation
duly issued by the State Election Board or any order issued by the State
Election Board ordering compliance or to cease and desist from further
violations shall be brought in the superior court of the county of the residence
of the party against whom relief is sought. Service of process shall lie in any
jurisdiction within the state. In such actions, the superior court inquiry will
be limited to whether notice was given by the State Election Board to the
violator in compliance with the Constitution and the rules of procedure of
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon
satisfaction that notice was given and a hearing was held pursuant to Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act,' the superior court
shall enforce the orders of the State Election Board and the civil penalties
assessed under this chapter
or Chapter 2A
of this title and the superior court shall
not make independent inquiry as to whether the violations have
occurred.
(e)
In any action brought by the Attorney General to enforce any of the provisions
of this chapter
or Chapter 2A
of this title or of any rule or regulation
issued by the State Election Board, the judgment, if in favor of the State
Election Board, shall provide that the defendant pay to the State Election Board
the costs, including reasonable attorneys´ fees, incurred by the State
Election Board in the prosecution of such action."
SECTION
3.
Said
title is further amended by adding a new Chapter 2A to read as
follows:
"CHAPTER
2A
ARTICLE 1
ARTICLE 1
21-2A-1.
This
chapter shall be known and may be cited as the 'Georgia Public Financing for
State-wide Judicial Office Campaign Fund Act.'
21-2A-2.
The
purpose of this chapter is to facilitate and broaden public discussion,
encourage participation in the election process, ensure the fairness of
democratic elections in Georgia, and protect the constitutional rights of voters
and candidates from the detrimental effects of increasingly large amounts of
money being raised and spent to influence the outcome of elections, those
effects being especially problematic in elections of the judiciary since
impartiality is uniquely important to the integrity and credibility of the
courts. Accordingly, this chapter establishes the Georgia Public Financing for
State-wide Judicial Office Campaign Fund as an alternative source of campaign
financing for candidates who demonstrate public support and voluntarily accept
strict fund-raising and spending limits. This chapter is applicable to
candidates for Justice of the Supreme Court and Judge of the Court of Appeals in
elections to be held in 2008 and thereafter.
21-2A-3.
As
used in this chapter, the term:
(1)
'Advisory council' means the Advisory Council for the Georgia Public Financing
for State-wide Judicial Office Campaign Fund established in Code Section
21-2A-7.
(2)
'Board' means the State Election Board.
(3)
'Campaign committee' has the same meaning as the term is defined in paragraph
(2) of Code Section 21-5-3.
(4)
'Candidate' has the same meaning as the term is defined in paragraph (4) of Code
Section 21-5-3 when the individual is seeking an office. The term includes a
campaign committee authorized by the candidate for that candidate´s
election.
(5)
'Certified candidate' means a candidate running for office who chooses to
receive campaign funds from the fund and who is certified pursuant to Code
Section 21-2A-5.
(6)
'Contested election' means a general nonpartisan election or run-off election of
a general nonpartisan election for an office in which there are more candidates
than the number to be elected, other than write-in candidates.
(7)
'Contribution' has the same meaning as the term is defined in paragraph (7) of
Code Section 21-5-3. Notwithstanding any other provision of law to the
contrary, a distribution from the fund pursuant to this chapter shall not be
considered to be a contribution for purposes of this chapter or Chapter 5 of
this title and shall not be subject to the limitations of Code Section
21-5-41.
(8)
'Expenditure' has the same meaning as the term is defined in paragraph (11) of
Code Section 21-5-3.
(9)
'Fund' means the Georgia Public Financing for State-wide Judicial Office
Campaign Fund established in Code Section 21-2A-4.
(10)
'Office' means a judgeship on the Supreme Court of Georgia or the Georgia Court
of Appeals.
(11)
'Participating candidate' means a candidate for office who has filed a
declaration of intent to participate pursuant to Code Section
21-2A-5.
(12)
'Qualifying contribution' means a contribution in an amount no more than $500.00
and in the form of a check or money order payable to the candidate that
is:
(A)
Made by any registered voter in this state; provided, however, that at least 50
percent of the contributions are from voters who are not active members of the
State Bar of Georgia; and
(B)
Made before filing the declaration of intent to participate in the
fund.
(13)
'Qualifying period' means the period referenced in subsection (c) or (i) of Code
Section 21-2-132, as applicable to the particular year in which the election
occurs.
21-2A-4.
(a)
Establishment of the
fund. The Georgia Public Financing for
State-wide Judicial Office Campaign Fund is established to finance the election
campaigns of certified candidates for office and to pay administrative and
enforcement costs of the board related to this chapter. The fund is a special,
dedicated, nonlapsing, nonreverting fund. All expenses of administering this
chapter, and personnel and other costs incurred by the board, shall be paid from
the fund and not from the general fund of the state treasury. Any interest
generated by the fund shall be credited to the fund. The board shall administer
the fund.
(b)
Sources of
funding. Money received from all the
following sources shall be deposited in the fund:
(1)
Designations made to the fund by individual taxpayers pursuant to Code Section
21-2A-20;
(2)
Fund revenues distributed for a contested election that remain unspent or
uncommitted at the time the recipient is no longer a certified candidate in the
election;
(3)
Fund revenues distributed for a contested election that remain unspent or
uncommitted at the time the recipient is elected, pursuant to paragraph (4) of
subsection (d) of Code Section 21-2A-5;
(4)
Money ordered returned to the fund by the board or State Ethics Commission;
and
(5)
Voluntary donations made directly to the fund.
(c)
Determination of fund
amount. By October 1, 2008, and every two
years thereafter, the board, in conjunction with the advisory council, shall
prepare and provide to the Governor, Lieutenant Governor, and Speaker of the
House of Representatives a report documenting, evaluating, and making
recommendations relating to the administration, implementation, and enforcement
of this chapter. In its report, the board shall set out the funds received to
date and the expected needs of the fund for the next election.
21-2A-5.
(a)
Declaration of intent
to participate. Any candidate choosing to
receive campaign funds from the fund shall file with the board a declaration of
intent to participate in the fund as a candidate for a stated office. The
declaration of intent shall be filed after collecting qualifying contributions
and within 90 days from the last date of the qualifying period. In the
declaration, the candidate shall swear or affirm that only one campaign
committee, identified with its treasurer, shall handle all contributions,
expenditures, and obligations for the participating candidate and that the
candidate will comply with the contribution and expenditure limits set forth in
subsection (d) of this Code section and all other requirements set forth in this
chapter and Chapter 5 of this title. Failure to comply with this Code section
shall be a violation of this chapter punishable as determined by the
board.
(b)
Demonstration of
support of candidacy. Participating
candidates who seek certification to receive campaign funds from the fund shall
raise qualifying contributions in a total amount of not less than $50,000.00 nor
more than $100,000.00 within 90 days of the last date of the qualifying period.
No payment, gift, or anything of value shall be given in exchange for a
qualifying contribution.
(c)
Certification of
candidates. Upon receipt of the
declaration of intent to participate by a participating candidate, the board
shall determine whether the candidate:
(1)
Has properly signed and filed the declaration of intent to participate in the
fund pursuant to this chapter;
(2)
Has submitted a report itemizing the appropriate number of qualifying
contributions received from registered voters which the board shall verify
through a random sample or other means it adopts; the report shall
include:
(A)
The name of the contributor;
(B)
The contributor´s address including the county of residence;
and
(C)
The contributor´s employment or profession including whether the
contributor is an active member of the State Bar of Georgia;
(3)
Is qualified to receive votes on the ballot as a candidate for the office; and
(4)
Otherwise meets the requirements for participation in the fund pursuant to this
chapter.
The
board shall certify candidates within ten days of the qualifying period who have
satisfied paragraphs (1) through (4) of this subsection. The board shall notify
candidates not complying with the requirements of this subsection as soon as
possible and no later than five business days after receipt of unsatisfactory
compliance with this subsection.
(d)
Restrictions on
contributions and expenditures for participating and certified
candidates. The following restrictions
shall apply to contributions and expenditures with respect to participating and
certified candidates:
(1)
Beginning when a candidate who is not holding office declares his or her intent
to accept campaign contributions for office pursuant to subsection (g) of Code
Section 21-5-30 or at the start of each election cycle as defined in paragraph
(10) of Code Section 21-5-3 for candidates holding office and continuing through
the date of the election or run-off election, the candidate shall accept only
qualifying contributions up to $100,000.00. Once the candidate files a
declaration of intent to participate in the fund, the candidate may expend up to
the $100,000.00 raised pursuant to this Code section and the funds the candidate
receives from the fund pursuant to Code Section 21-2A-6 for any campaign purpose
for an election or run-off election. Any candidate who seeks office who exceeds
the $100,000.00 contribution or expenditure limits shall be ineligible to file a
declaration of intent or receive funds from the fund;
(2)
A candidate shall limit the use of all revenues permitted by this subsection to
expenditures for campaign related purposes only. The guidelines outlining
permissible campaign related expenditures shall be the same as provided in
Chapter 5 of this title;
(3)
Any contribution received by a participating candidate or a certified candidate
that falls outside that which is permitted by this subsection shall be returned
to the donor as soon as practicable. Contributions intentionally made,
solicited, or accepted in violation of this chapter are subject to penalties as
determined by the board; and
(4)
A candidate shall return to the fund any amount distributed for an election that
is unspent and uncommitted at the date of the election or run-off election, if
applicable, or at the time the candidate ceases to be a certified candidate,
whichever occurs first. If a candidate ceases to be a certified candidate, such
moneys shall be returned to the fund within ten days of the date of ceasing to
be a certified candidate; otherwise, such moneys shall be returned to the fund
within 90 days of the general election or run-off election, if applicable. For
accounting purposes, all qualifying and personal contributions shall be
considered spent before revenue from the fund is spent or
committed.
(e)
Revocation.
A candidate may revoke, in writing to the board, a decision to participate in
the fund at any time before the deadline set by the board. After a timely
revocation, that candidate may accept and expend outside the limits of this
chapter without violating this chapter. Within ten days after revocation, a
candidate shall return to the board all money received from the
fund.
21-2A-6.
(a)
Timing of fund
distribution. The board shall distribute
to a certified candidate who will be in a contested election revenue from the
fund in an amount determined under paragraph (2) of subsection (b) of this
Code section within 30 days after the candidate is initially certified and
within three business days of any supplemental certification for additional fund
distribution.
(b)
Amount of fund
distribution. Five times the amount of
qualifying contributions raised by the certified candidate, rounded to the
nearest $100.00 and determined by the board, shall be distributed to certified
candidates running in a contested election; provided, however, that if a
certified candidate is running against a candidate who has chosen not to receive
money from the fund, and if such candidate´s expenditures from his or her
campaign funds together with expenditures made by independent committees in
support of such candidate, or in opposition to the certified candidate, exceed
$500,000.00, the certified candidate may apply for a supplemental allocation
from the fund. Such supplemental allocation shall be equal to the contributions
made by the candidate who has chosen not to receive money from the fund and by
independent committees in support of such candidate, or in opposition to the
certified candidate, not to exceed ten times the amount of the certified
candidate´s qualifying contributions.
(c)
Method of fund
distribution. The board, in consultation
with the director of the Office of Treasury and Fiscal Services, shall develop a
rapid, reliable method of conveying funds to certified candidates. In all
cases, the board shall distribute funds to certified candidates in a manner that
is expeditious, ensures accountability, and safeguards the integrity of the
fund. If the money in the fund is insufficient to fully fund all certified
candidates, then the available money shall be distributed proportionally,
according to each candidate´s eligible funding.
21-2A-7.
(a)
Enforcement by the
board. The board, with the advice of the
advisory council, shall administer the provisions of this chapter.
(b)
Advisory
council. There is established under the
board the Advisory Council for the Georgia Public Financing for State-wide
Judicial Office Campaign Fund to advise the board on the rules, procedures, and
opinions the board adopts for the enforcement and administration of this chapter
and on the funding needs and operation of the fund. The advisory council shall
consist of five members to be appointed as follows:
(1)
The Governor shall name two members from a list of individuals nominated by the
state executive committee of the political party which received the greatest
number of votes in the last presidential election. The state chairperson of
that party shall submit to the Governor the names of five nominees;
(2)
The Governor shall name two members from a list of individuals nominated by the
state executive committee of the political party which received the second
greatest number of votes in the last presidential election. The state
chairperson of that party shall submit to the Governor the names of five
nominees; and
(3)
The board shall name one member by unanimous vote of all members of the board.
If the board cannot reach unanimity on the appointment of that member, the
advisory council shall consist of the remaining members named by the
Governor.
The
initial members shall be appointed by August 1, 2007. Of the initial
appointees, two shall serve for one-year terms, two shall serve for two-year
terms, and one shall serve for a three-year term according to random lot.
Thereafter, appointees shall be appointed to serve four-year terms. An
individual may not serve more than two full terms, exclusive of the initial term
of appointment. The appointed members shall not be compensated for their
services but they shall be reimbursed in an amount equal to the per diem
received by the General Assembly for each day or portion thereof spent in
serving as members of the advisory council. One member of the advisory council
shall be elected by the members as chairperson. A vacancy during an unexpired
term shall be filled in the same manner as the regular appointment for that
term, but a vacancy appointment is only for the unexpired portion of the
term.
(c)
Appeals.
The initial decision on an issue concerning qualification, certification, or
distribution of funds under this chapter shall be made by the chairperson of the
board. The procedure for challenging such decision is as follows:
(1)
An individual or entity aggrieved by a decision of the chairperson of the board
may appeal to the full board within three business days of the decision. The
appeal shall be in writing and shall set forth the reasons for the appeal;
and
(2)
Within five business days after an appeal is properly made, and after due notice
is given to the parties, the board shall hold a hearing. The appellant has the
burden of providing evidence to demonstrate that the decision of the chairperson
of the board was improper. The board shall rule on the appeal within three
business days after the completion of the hearing.
(d)
Board to adopt rules
and issue opinions. The board shall adopt
rules and issue opinions to ensure effective administration of this chapter.
Such rules and opinions shall include, but not be limited to, procedures for
obtaining qualifying contributions; certification of candidates; addressing
circumstances involving special elections, vacancies, recounts, withdrawals, or
replacements; collection of revenues for the fund; distribution of fund revenue
to certified candidates; return of unspent fund disbursements; and compliance
with this chapter. For races involving special elections, recounts, vacancies,
withdrawals, or replacement candidates, the board shall establish procedures for
qualification, certification, disbursement of fund revenues, and return of
unspent fund revenues. The board shall fulfill each of these duties in
consultation with the advisory council.
(e)
Report to the
public. The advisory council shall issue
a report by December 1, 2008, and every two years thereafter that evaluates and
makes recommendations about the implementation of this chapter and the
feasibility of expanding its provisions to include other candidates for state
office based on the experience of the fund and the experience of similar
programs in other states. The advisory council shall also evaluate and make
recommendations regarding how to address activities that could undermine the
purpose of this chapter, including spending that appears to target candidates
receiving money from the fund.
ARTICLE
2
21-2A-20.
(a)
To support public financing for appellate judicial campaigns, the board may,
without limitation, promote and solicit voluntary contributions through the
income tax return contribution mechanism established in subsection (e) of this
Code section, and through any fund raising or other promotional techniques
deemed appropriate by the board.
(b)
The Georgia Public Financing for State-wide Judicial Office Campaign Fund shall
exclusively consist of all moneys provided for under Code Section 21-2A-4. All
balances in the fund shall be deposited in an interest-bearing account
identifying the fund and shall be carried forward each year so that no part
thereof may be deposited in the general fund of the state treasury. The fund
shall be administered and the moneys held in the fund shall be expended by the
board in furtherance of providing public financing for appellate judicial
campaigns.
(c)
Following the transmittal of contributions to the board for deposit in the fund
pursuant to subsection (e) of this Code section, the expenditure of moneys in
the fund shall be allocated as determined by the board to certified candidates
and to pay for administrative and personnel costs associated with implementation
of this chapter.
(d)
The board shall prepare, by February 1 of each year, an accounting of the funds
received and expended from the fund and a review and evaluation of all expended
moneys of the fund. The report shall be made available to the Governor, the
Lieutenant Governor, the Speaker of the House of Representatives and, upon
request, to members of the public.
(e)(1)
Unless an earlier date is deemed feasible and established by the Governor, each
Georgia income tax return form for taxable years beginning on or after January
1, 2008, shall contain appropriate language, to be determined by the state
revenue commissioner, offering the taxpayer the opportunity to contribute up to
$10.00 to the fund by either donating all or any part of any tax refund due, by
authorizing a reduction in the refund check otherwise payable, or by
contributing $10.00 over and above any amount of tax owed by adding that amount
to the taxpayer´s payment. In the case of a married couple filing a joint
return, each taxpayer shall have the option of agreeing to the contribution. The
instructions accompanying the income tax return form shall contain a description
of the purposes for which this fund was established and the intended use of
moneys received from the contributions. The instructions shall make it clear to
the taxpayer that taxpayer contributions will support a nonpartisan court
system. The Department of Revenue shall consult with the board to ensure that
the information given to taxpayers complies with the intent of this chapter.
Each taxpayer required to file a state income tax return who desires to
contribute to such fund may designate such contribution as provided in this Code
section on the appropriate income tax return form.
(2)
The Department of Revenue shall determine annually the total amount contributed,
shall withhold therefrom a reasonable amount for administering the provisions of
paragraph (1) of this subsection, and shall transmit the balance to the board
for deposit in the fund; provided, however, that the amount retained for
administrative costs, including implementation costs, shall not exceed
$50,000.00 per year. If, in any tax year, the administrative costs of the
Department of Revenue for collecting contributions pursuant to this Code section
exceed the sum of such contributions, the administrative costs which the
Department of Revenue is authorized to withhold from such contributions shall
not exceed the sum of such contributions.
(3)
The amounts allocated to the board for the fund pursuant to this subsection
shall be credited to the board on a quarterly basis."
SECTION
4.
Said
title is further amended in Code Section 21-5-41, relating to maximum allowable
contributions, by adding a new subsection to read as follows:
"(a.1)
Notwithstanding subsection (a) of this Code section, and in order to make
meaningful the provisions of Chapter 2A of this title, a certified candidate as
defined in paragraph (4) of Code Section 21-2A-2 may only accept contributions
as provided in Code Section 21-2A-5. The recipient of a contribution that
violates this subsection shall have three days in which to return the
contribution to the contributor or file a detailed statement with the State
Election Board explaining why the contribution does not violate this
subsection."
SECTION
5.
Said
title is further amended in Code Section 21-5-43, relating to accounting for and
expenditure of campaign contributions, by revising subsection (c) as
follows:
"(c)
Except as
provided in Article 1 of Chapter 2A of this title,
contributions
Contributions
remaining unexpended after the date of the election may be expended for any
future election in the same election cycle without regard to the limitations of
Code Section 21-5-41. If there are no further elections in the election cycle
or if the candidate or the candidate of the campaign committee is not on the
ballot of a further election in the election cycle, such contributions may be
used only as provided in Code Section 21-5-33."
SECTION
6.
This
Act shall become effective on July 1, 2007.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.