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2018 Georgia Code 21-5-35 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-5-35 Case Law from Google Scholar Amendments to OCGA 21-5-35

TITLE 21 ELECTIONS

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

ARTICLE 2 CAMPAIGN CONTRIBUTIONS

21-5-35. Acceptance of contributions or pledges during legislative sessions.

  1. No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall seek or accept a contribution or a pledge of a contribution to the member, the member's campaign committee, or public officer elected state wide, or campaign committee of such public officer during a legislative session.
  2. Subsection (a) of this Code section shall not apply to:
    1. The receipt of a contribution which is returned with reasonable promptness to the donor or the donor's agent;
    2. The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session;
    3. The receipt of a contribution by a political party consisting of the proceeds from a dinner, luncheon, rally, or similar fundraising event in which a member of the General Assembly or a public officer elected state wide participates; or
    4. A judicial officer elected state wide, a candidate for a judicial office elected state wide, or a campaign committee of such judicial officer or candidate.

(Code 1981, §21-5-35, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1990, p. 922, § 5; Ga. L. 1994, p. 258, § 10; Ga. L. 2005, p. 859, § 14/HB 48; Ga. L. 2013, p. 173, § 5/HB 143.)

The 2013 amendment, effective January 1, 2014, in paragraph (b)(4), inserted ", a candidate for a judicial office elected state wide," in the middle, inserted "a" preceding "campaign committee", and added "or candidate" at the end.

Editor's notes.

- 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.

Law reviews.

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

JUDICIAL DECISIONS

Preempted by federal law.

- As applied to candidates for federal office, O.C.G.A. § 21-5-35 is preempted by the Federal Election Campaign Act, 2 U.S.C. § 431 et seq. Teper v. Miller, 82 F.3d 989 (11th Cir. 1996).

OPINIONS OF THE ATTORNEY GENERAL

Soliciting pledges should be avoided.

- While the Ethics in Government Act, O.C.G.A. § 21-5-1 et seq., does not expressly prohibit an incumbent member of the General Assembly from soliciting a pledge or setting goals for contributions during a legislative session, such actions would clearly be contrary to the policies and purposes of the Act and should be avoided. 1995 Op. Att'y Gen. No. U95-27.

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