TITLE 21 ELECTIONS

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

ARTICLE 2 CAMPAIGN CONTRIBUTIONS

21-5-34.1. Filing campaign contribution disclosure reports electronically.

Candidates, candidate committees, and public officers who are required to file campaign contribution disclosure reports with the commission shall use electronic means to file such reports with the commission using means prescribed by the commission to file such reports.
The filing of any campaign disclosure report required under this article shall constitute an affirmation that such report is true, complete, and correct.
Candidates seeking election to county or municipal offices may use electronic means to file their campaign contribution disclosure reports if such method is made available or may file by certified mail, statutory overnight delivery, or personal delivery.
Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports if such method is made available.
The filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct.

(Code 1981, §21-5-34.1, enacted by Ga. L. 2000, p. 1491, § 3; Ga. L. 2005, p. 859, § 13/HB 48; Ga. L. 2009, p. 620, § 4/SB 168; Ga. L. 2010, p. 1173, § 12/SB 17; Ga. L. 2011, p. 19, § 5/HB 232; Ga. L. 2013, p. 173, § 4/HB 143.)

The 2009 amendment, effective May 4, 2009, substituted the present provisions of subsection (e) for the former provisions, which read: "When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the filer shall only submit to the commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed."

The 2010 amendment, effective January 10, 2011, rewrote this Code section. See Editor's notes for applicability.

The 2011 amendment, effective March 15, 2011, substituted the present provisions of subsection (c) for the former provisions, which read: "Candidates seeking election to county or municipal offices shall use electronic means to file their campaign contribution disclosure reports with the commission upon having raised or spent a minimum of $20,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required."

The 2013 amendment, effective January 1, 2014, in subsection (a), inserted "with the commission"; in subsection (b), deleted "electronic" preceding "filing" at the beginning; in subsection (c), substituted "if such method is made available" for "with the commission" in the middle, inserted a comma following "certified mail", deleted "or" preceding "statutory overnight delivery", and inserted ", or personal delivery" at the end; at the end of subsection (d), substituted "if such method is made available" for "with the commission upon having raised or spent $5,000.00 in a calendar year, and no paper copy of the report shall be filed. Under that threshold, electronic filing is permitted and encouraged but not required"; and, in subsection (e), deleted "electronic" preceding "filing" at the beginning.

Editor's notes.

- Ga. L. 2000, p. 1491, § 5, not codified by the General Assembly, provides for severability.

Ga. L. 2000, p. 1491, § 6, not codified by the General Assembly, provides that for purposes of issuing rules and regulations, that Act became effective May 1, 2000.

Ga. L. 2005, p. 859, § 28, 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, 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, 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.

Ga. L. 2011, p. 19, § 10, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. It is the express intention of the General Assembly that this Act be applied retroactively to January 10, 2011, as well as prospectively." This Act became effective March 15, 2011.

Law reviews.

- For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 119 (2005).