O.C.G.A. § 21-5-13 (2019)
Limitation of actions
(a) Any action alleging a violation of this chapter shall be commenced within three years after the date on which the violation, wrongful action, or omission occurred, unless otherwise provided by subsections (b) or (c) of this Code section. (b) Any action alleging a violation involving any person elected to serve for a term of four or more years, but fewer than six years, or involving any candidate for an office with a term of four, but fewer than six years, shall be commenced within five years after the date on which the violation, wrongful action, or omission occurred. (c) Any action alleging a violation of this chapter involving any person elected to serve a term of six or more years or involving any candidate for an office with a term of six or more years shall be commenced within seven years after the date on which the violation, wrongful act, or omission occurred. (d) For purposes of this Code section, an action shall be deemed to have commenced against a person only when either: (1) A complaint has been accepted by the commission in compliance with Code Section 21-5-7; or (2) The commission or Attorney General serves on such person a notice of summons or hearing, in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” that alleges that such person has violated this chapter.
History
Code 1981, § 21-5-13, enacted by Ga. L. 2005, p. 859, § 9/HB 48; Ga. L. 2006, p. 69, § 1/SB 467; Ga. L. 2010, p. 1173, § 8/SB 17; Ga. L. 2022, p. 3, § 7/SB 120. The 2022 amendment, effective March 2, 2022, rewrote this Code section, which formerly read: “Any action alleging a violation of this chapter shall be commenced within three years after the date of filing of the first report containing the alleged violation; provided, however, that any action alleging a violation of this chapter shall be commenced within five years after the date of filing of the first
report containing the alleged violation involving any person elected to serve for a term of four or more years or any candidate for an office with a term of four or more years. For purposes of this Code section, an action shall be deemed to have commenced against a person only when either: “(1) A complaint has been accepted by the commission in compliance with Code Section 21-5-7; or “(2) The commission or Attorney General serves on such person a notice of summons or hearing, in accordance with Chapter 13 of Title 50, the ‘Georgia Ad-
ministrative Procedure Act,’ that alleges that such person has violated this chapter.”
Annotations
Editor’s notes. Ga. L. 2005, p. 859, § 28/HB 48, not codified by the General Assembly, provides that the Act shall not apply to any violation occurring prior to January 9, 2006. Ga. L. 2010, p. 1173, § 1/SB 17, not codified by the General Assembly, provides: “This Act shall be known and may
be cited as the ‘Georgia Government Transparency and Campaign Finance Act of 2010.’” Ga. L. 2010, p. 1173, § 30/SB 17, not codified by the General Assembly, provides, in part, that the amendment to this Code section applies to all reports filed on and after January 10, 2011. Law reviews. For article on the 2005 enactment of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).