James_September-October_2026_web - Flipbook - Page 21
LITIGATION ON LEADERSHIP COMMITTEES.
MISCELLANEOUS RULINGS.
There has continued to be litigation involving the leadership committee statute adopted a couple of
years ago. Leadership committees
may be set up by the incumbent
governor and lieutenant governor
and the nominees of political parties
for those positions. While none
of the cases has reached a final
conclusion, based on court orders
involving preliminary injunctions it
appears that the use of a leadership
committee in a primary election will
continue to be problematic, because
it provides an advantage to the
incumbent that is not available to a
challenger in the same election. But
because the leadership committee
statute allows the nominees of both
major parties to use these entities
in the general election, that same
concern does not apply, and therefore each of the party nominees for
these offices are able to use them.
In other recent interesting
cases, the Commission ruled that
groups and individuals that place
campaign signs on their property or send emails in support of
candidates do not make reportable contributions; that officers
of business entities or nonprofit
groups may violate the Act if they
testify before state legislative
committees without registering as
lobbyists; and that public officials
may violate the Act by making
endorsements of candidates when
speaking at events paid for with
taxpayer dollars.
A TALE OF TWO BILLS.
There were two relevant developments in the recent legislative
session, one for a bill that did pass,
and one for a bill that did not.
The bill that passed was HB 414,
which the Commission requested
to expand its authority to enforce
subpoenas on out-of-state groups,
vendors and individuals that influence Georgia elections or engage
in lobbying. The bill that did not
pass was SB 423. It would have
imposed limitations on contributions from out-of-state businesses
and individuals, effectively requiring that all candidates, PACs and
independent committees receive
no more than 50 percent of their
funds from non-Georgians. It
included complicated provisions
on how these calculations would
be made, and it made a knowing
failure to comply a felony. The
bill passed the Senate, but it was
tabled by the House.
Douglas Chalmers, Jr. is managing member
of Chalmers, Adams, Backer & Wallen, LLC.
This article provides information only and
does not constitute legal advice.
S E PT E M B E R/O C TO BER 2026
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