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2018 Georgia Code 21-5-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-5-40 Case Law from Google Scholar Amendments to OCGA 21-5-40

TITLE 21 ELECTIONS

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

ARTICLE 2A CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE

21-5-40. Definitions.

As used in this article, the term:

  1. "Affiliated committees" means any two or more political committees (including a separate segregated fund) established, financed, maintained, or controlled by the same business entity, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof.
  2. "Affiliated corporation" means with respect to any business entity any other business entity related thereto: as a parent business entity; as a subsidiary business entity; as a sister business entity; by common ownership or control; or by control of one business entity by the other.
  3. "Business entity" shall have the same meaning as provided in Code Section 21-5-3.
  4. Reserved.
  5. "Person" means an individual.
  6. "Political committee" means: (A) any partnership, committee, club, association, organization, party caucus of the House of Representatives or the Senate, or similar entity (other than a business entity) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund.

    (6.1) "Political party" means any political party as that term is defined in paragraph (25) of Code Section 21-2-2, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties.

    (6.2) "Public office" means the office of each elected public officer as specified in paragraph (22) of Code Section 21-5-3.

  7. "Separate segregated fund" means a fund which is established, administered, and used for political purposes by a business entity, labor organization, membership organization, or cooperative and to which the business entity, labor organization, membership organization, or cooperative solicits contributions.

(Code 1981, §21-5-40, enacted by Ga. L. 1990, p. 922, § 6; Ga. L. 1992, p. 1075, § 7; Ga. L. 1994, p. 258, § 11; Ga. L. 1998, p. 295, § 3; Ga. L. 2000, p. 1491, § 4; Ga. L. 2001, p. 20, § 1; Ga. L. 2005, p. 859, § 15/HB 48; Ga. L. 2010, p. 1173, § 14/SB 17.)

The 2010 amendment, effective January 10, 2011, substituted "Reserved" for the former provisions of paragraph (4), which read: "'Election year' shall be construed and applied separately for each elective office and means for each elective office the calendar year during which a regular or special election to fill such office is held."; and deleted paragraph (4.1), which read: "'Nonelection year' shall be construed and applied separately for each elective office and means for each elective office any calendar year during which there is no regular or special election to fill such office." See Editor's notes for applicability.

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.

Law reviews.

- For article, "Georgia Campaign Finance and Disclosure Law," see 27 Ga. St. B.J. 175 (1991). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 119 (2005). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 247 (1992).

OPINIONS OF THE ATTORNEY GENERAL

Labor union as "political committee."

- For purposes of determining the maximum amount of contributions permitted to an individual candidate for office under O.C.G.A. § 21-5-43, a labor union is a "political committee" pursuant to O.C.G.A. § 21-5-40(6). 1994 Op. Att'y Gen. No. 94-16.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 462 et seq.

C.J.S.

- 29 C.J.S., Elections §§ 350 et seq., 562 et seq.

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