TITLE 21 ELECTIONS

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

ARTICLE 1 GENERAL PROVISIONS

21-5-6. Powers and duties of the commission.

1. The commission is vested with the following powers:
   1. To meet at such times and places as it may deem necessary;
   2. To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities;
   3. To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;
   4. To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter;
   5. To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence;
   6. To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter;
   7. To adopt in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," any rules and regulations necessary and appropriate for carrying out the purposes of this chapter; provided, however, that the commission shall not require the reporting or disclosure of more information on any report than is expressly required to be reported or disclosed by this chapter, unless such information was required to be reported or disclosed by rules and regulations of the commission which were in effect as of January 1, 2013, so long as such rules and regulations do not conflict with this chapter; and
   8. To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the powers specifically authorized to it in this chapter.
2. The commission shall have the following duties:
   1. To prescribe forms to be used in complying with this chapter;
   2. To prepare and publish in print or electronically a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file statements and reports;
   3. To accept and file any information voluntarily supplied that exceeds the requirements of this chapter;
   4. To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter;
   5. To adopt a retention standard for records of the commission in accordance with Article 5 of Chapter 18 of Title 50, the "Georgia Records Act";
   6. To prepare and publish in print or electronically such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter;
   7. To provide for public dissemination of such summaries and reports;
   8. To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter;
   9. To make investigations, subject to the limitations contained in Code Section 21-5-7.1, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter and upon receipt of the written complaint of any person, verified under oath to the best information, knowledge, and belief by the person making such complaint with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter;
   10. 1. To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7.1, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
       2. In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act";
   11. To report suspected violations of law to the appropriate law enforcement authority;
   12. To investigate upon a written complaint any illegal use of public employees in a political campaign by any candidate;
   13. To issue, upon written request, and publish in print or electronically written advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances; and each such written advisory opinion shall be issued within 60 days of the written request for the advisory opinion. The commission shall make all advisory opinions that were issued after January 9, 2006, publicly available for review and shall post these and all future opinions on the commission's website, and the commission shall make all advisory opinions that were issued prior to January 9, 2006, publicly available for review and shall post these opinions on the commission's website. No liability shall be imposed under this chapter for any act or omission made in conformity with a written advisory opinion issued by the commission that is valid at the time of the act or omission;
   14. To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation. Such order may include a provision requiring the violator:
       1. To cease and desist from committing further violations;
       2. To make public complete statements, in corrected form, containing the information required by this chapter;
       3. 1. Except as provided in paragraph (2) of Code Section 21-5-7.1, to pay a civil penalty not to exceed $1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter; provided, however, that a civil penalty not to exceed $10,000.00 may be imposed for a second occurrence of a violation of the same provision and a civil penalty not to exceed $25,000.00 may be imposed for each third or subsequent occurrence of a violation of the same provision. In imposing a penalty or late filing fee under this chapter, the commission may waive or suspend such penalty or fee if the imposition of such penalty or fee would impose an undue hardship on the person required to pay such penalty or fee. The commission may also waive or suspend a penalty or fee in the case of failure to file or late filing of a report if there are no items to be included in the report. For the purposes of the penalties imposed by this division, the same error, act, omission, or inaccurate entry shall be considered a single violation if the error, act, omission, or inaccurate entry appears multiple times on the same report or causes further errors, omissions, or inaccurate entries in that report or in any future reports or further violations in that report or in any future reports.
          2. A civil penalty shall not be assessed except after notice and hearing as provided by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.
          3. The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties for a violation of any provision of this chapter or any rule or regulation duly issued by the commission.
          4. Any action brought by the Attorney General to enforce civil penalties for a violation of the provisions of this chapter or of any rule or regulation duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry shall be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," the superior court shall enforce the orders of the commission and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred.
          5. In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, including reasonable attorneys' fees, incurred by the commission in the prosecution of such action.

          The commission shall make all such orders that were issued after January 9, 2006, publicly available for review and shall post these and all future orders on the commission's website, and the commission shall make all advisory orders that were issued prior to January 9, 2006, publicly available for review and shall post these orders on the commission's website. Such orders shall serve as precedent for all future orders and opinions of the commission;

   15. To make public its conclusion that a violation has occurred and the nature of such violation;
   16. To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing;
   17. To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries, and duties of all individuals employed, and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable;
   18. To carry out the procedures, duties, and obligations relative to the commission set forth in this chapter;
   19. On a quarterly basis, to prepare, update, and publish in print or electronically a report and post such report on its website, listing the name of each filer required to file with the commission who has not filed the most recent campaign contribution disclosure report required by Code Sections 21-5-34 and 21-5-34.1, the financial disclosure statement required by Code Section 21-5-50, or the disclosure report required by Code Section 21-5-73 within 30 days of the date such report was due to be filed;
   20. To publish in print or electronically overall lobbyist spending by category. Such categories shall include gifts, meals, entertainment, office supplies, lodging, equipment, advertising, travel, and postage;
   21. To promulgate rules and regulations with respect to electronic filings;
   22. To provide and conduct semiannual training on the mechanics of electronic filing and registration;
   23. To award attorneys' fees to the party complained against if the commission deems the complaint to be frivolous, legally or factually, or if the complaining party fails, without good cause, to appear at the preliminary hearing on the complaint; and
   24. To issue a warning letter to persons who have not filed any statement or report required by this chapter.

(Code 1981, §21-5-6, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, §§ 4, 5; Ga. L. 1992, p. 56, § 1; Ga. L. 2005, p. 859, § 5/HB 48; Ga. L. 2006, p. 69, § 1/SB 467; Ga. L. 2009, p. 620, § 1/SB 168; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2010, p. 1173, § 5/SB 17; Ga. L. 2011, p. 19, § 1/HB 232; Ga. L. 2011, p. 590, § 1/HB 143; Ga. L. 2013, p. 173, § 1/HB 143; Ga. L. 2013, p. 540, § 1/HB 142.)

The 2006 amendment, effective April 14, 2006, part of an Act to revise, modernize, and correct the Code, substituted a semicolon for a period following "commission" at the end of paragraph (b)(14).

The 2009 amendment, effective May 4, 2009, substituted "specifically authorized in" for "necessary to carry out the purposes of" near the end of paragraph (a)(7); and substituted "specifically authorized to it in this chapter." for "granted to it." at the end of paragraph (a)(8).

The 2010 amendments. The first 2010 amendment, effective June 3, 2010, inserted "in print or electronically" in paragraphs (b)(2), (b)(6), (b)(13), (b)(19), and (b)(20). The second 2010 amendment, effective January 10, 2011, added a comma following "website" in paragraphs (b)(13) and (b)(14); in paragraph (b)(14), substituted "violation. Such order" for "violation, which order" near the end of the introductory language, in division (b)(14)(C)(i), substituted "$10,000.00" for "$5,000.00" and "$25,000.00" for "$10,000.00", respectively, in the first sentence, and added the second sentence, and substituted "inquiry shall be" for "inquiry will be" in the third sentence of division (b)(14)(C)(iv); deleted "and" at the end of paragraph (b)(21); substituted a semicolon for a period at the end of paragraph (b)(22); and added paragraphs (b)(23) and (b)(24). See Editor's notes for applicability.

The 2011 amendments. The first 2011 amendment, effective March 15, 2011, added the third sentence in division (b)(14)(C)(i). The second 2011 amendment, effective May 12, 2011, part of an Act to revise, modernize, and correct this title, revised punctuation near the end of subparagraph (b)(10)(B).

The 2013 amendments. The first 2013 amendment, effective January 1, 2014, inserted "required to file with the commission" near the middle of paragraph (b)(19). The second 2013 amendment, effective January 1, 2014, substituted "any rules and regulations necessary and appropriate for carrying out the purposes of this chapter; provided, however, that the commission shall not require the reporting or disclosure of more information on any report than is expressly required to be reported or disclosed by this chapter, unless such information was required to be reported or disclosed by rules and regulations of the commission which were in effect as of January 1, 2013, so long as such rules and regulations do not conflict with this chapter; and" for "such rules and regulations as are specifically authorized in this chapter; and" in paragraph (a)(7).