O.C.G.A. § 21-5-40 (2019)
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.
History
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.
Annotations
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/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, “Georgia Campaign Finance and Disclosure Law,” see 27 Ga. St. B. J. 175 (1991). For note on the 1992 amendment of this Code section, see 9 Ga. St. U. L. Rev. 247 (1992). For article on the 2005 amendment of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).
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, § 459 et seq.
C.J.S. 29 C.J.S., Elections §§ 372 et seq., 587 et seq.
GOVT. TRANSPARENCY & CAMPAIGN FIN.