TITLE 21 ELECTIONS

Section 5. Ethics in Government, 21-5-1 through 21-5-76.

ARTICLE 2 CAMPAIGN CONTRIBUTIONS

21-5-30.2. Contributions by public agencies.

1. Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
   1. "Agency" means:
      1. Every state department, agency, board, bureau, commission, and authority;
      2. Every county, municipal corporation, school district, or other political subdivision of this state;
      3. Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and
      4. Every city, county, regional, or other authority established pursuant to the laws of this state.
   2. "Contribution" means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred by or on behalf of an agency, without receipt of payment therefor, to any campaign committee, political action committee, or political organization or to any candidate for campaign purposes.
   3. "Elector" means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and who shall have registered in accordance with Chapter 2 of this title.
   4. "Political action committee" means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee.
   5. "Political organization" means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office.
   6. "Public meeting place" means any county, municipal, or other public building suitable and ordinarily used for public gatherings.
2. No agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or political organization or to any candidate; but nothing in this Code section shall prohibit the furnishing of office space, facilities, equipment, goods, or services to a public officer for use by the public officer in such officer's fulfillment of such office.
3. No campaign committee, political action committee, or political organization or candidate shall accept a contribution in violation of subsection (b) of this Code section.
4. Nothing contained in this Code section shall be construed to:
   1. Affect the authority of the State Personnel Board regarding the regulation of certain political activities of public employees in the classified service as defined by Code Section 45-20-2;
   2. Affect the authority of any agency regarding the regulation of the political activities of such agency's employees;
   3. Affect the use of the capitol building and grounds as specified in Code Section 50-16-4; or
   4. Prohibit the use of public meeting places by political organizations when such meeting places are made available to different political organizations on an equal basis; provided, however, that this paragraph shall not be construed to create a right for a political organization to use a public meeting place.

(Code 1981, §21-5-30.2, enacted by Ga. L. 1990, p. 368, § 1; Ga. L. 1992, p. 56, § 1; Ga. L. 1994, p. 258, § 4; Ga. L. 2008, p. 261, § 1/SB 456; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-31/HB 642.)

The 2008 amendment, effective May 6, 2008, part of an Act to revise, modernize, and correct this title, deleted "or 3" following "Chapter 2" in paragraph (a)(3).

The 2009 amendment, effective July 1, 2009, substituted "State Personnel Administration" for "state merit system" at the end of paragraph (d)(1).

The 2012 amendment, effective July 1, 2012, substituted "classified service as defined by Code Section 45-20-2" for "classified service of the State Personnel Administration" in paragraph (d)(1); and inserted "that" in paragraph (d)(4).