No Result
View All Result
SUBSCRIBE | NO FEES, NO PAYWALLS
MANAGE MY SUBSCRIPTION
NEWSLETTER
Corporate Compliance Insights
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
No Result
View All Result
Corporate Compliance Insights
Home Compliance

Ahead of Contentious Midterm Election, Political Players Should Be Mindful of Strict Georgia Compliance Rules

Recent actions by ethics commission highlight need for careful adherence to state regulations

by Andrew D. Herman and Bria Stephens
October 5, 2022
in Compliance
georgia election 2020

As 2022’s midterm Congressional elections approach rapidly, political groups from inside and outside the state are mobilizing in Georgia, targeting a hotly contested U.S. Senate election. Andrew D. Herman and Bria Stephens of Lawrence & Bundy explain why recently revised campaign compliance rules should give political actors in the state pause.

Two years ago, Georgia made political history, as Joe Biden became the first Democrat to win Georgia’s electoral votes since Bill Clinton in 1992 — and Raphael Warnock and Jon Ossoff became the only Democrats ever to win election in a federal runoff in Georgia.

As attention turns to the upcoming pivotal midterm elections, Georgia is once again a national focus, and groups from inside and outside the state are organizing with the goal of continuing (or ending) the Democratic winning streak. But these individuals and groups should be aware of recent actions and a generally stricter regulatory framework in Georgia than in some other states.

Georgia’s regulatory regime is generally more stringent than the rules imposed on similar activity by other jurisdictions. Thus, before pursuing new political activity in the state (or continuing existing political activity), groups should be aware of the registration and disclosure requirements set forth by Georgia’s Government Transparency and Campaign Finance Commission as well as the risk of noncompliance, whether inadvertent or not. The commission, formerly known as Georgia State Ethics Commission, consists of five appointed members, including three appointed by the governor, one appointed by the Senate Committee on Assignments and one appointed by the speaker of the House of Representatives.

The commission regulates all state-level elected officials, appointed public officers, lobbyists, political action committees, independent committees and all candidates for public office. Its work includes collecting campaign contribution disclosures, personal financial disclosures and lobbyist disclosures, as well as educating the public on the Campaign Finance Act and investigating potential campaign finance violations.

Its enforcement authority includes the power to issue subpoenas to compel a person to appear, give sworn testimony or produce documents, institute and prosecute actions, issue and publish orders and even award attorneys’ fees to parties who are subject to frivolous complaints.

Recent commission actions

In July, the commission fined 30 candidates, both Republican and Democratic, including several running for statewide office. Many of the fines stemmed from candidates’ reported failure to include required information about their income for the past five years within their personal financial disclosure statements.

News reports indicate that many candidates faced difficulties completing the new forms implemented by the commission. The forms were the result of an amended statute, passed in March, which requires candidates to file a financial disclosure statement that includes information about their sources of income for the five calendar years prior to the year of the election and the first quarter of the calendar of the election. The prior version of the statute only required candidates to disclose information about the candidate’s income for the calendar year prior to the election year and the first quarter of the calendar year of the election.

Although the law and forms impose new, detailed requirements, the commission does not appear to be approaching mistakes with leniency. While the fines issued are not particularly large — ranging from $625 to $1,000 depending on the violation — the associated reputational harm can be significant. Upping the ante, candidates have capitalized on fines imposed on their political opponents with public criticism and attacks.

The commission has also focused on reporting by nonprofits, political action committees and other organizations. For example, the commission had a hearing Aug. 1 regarding an inquiry that had languished with little consideration for years; the probe into a pair of nonprofits, one founded by gubernatorial candidate Stacey Abrams, accused of sidestepping financial disclosure laws, will continue, the commission ruled. 

Rules for lobbyists entering the Georgia political arena

Based on its recent activity, the commission appears to be taking a strict stance on all registration and disclosure requirements. Policy-focused efforts can also draw attention as Georgia law regulates lobbying activity and establishes a low threshold for what subjects a group or individuals to registration and disclosure requirements. Accordingly, those seeking to enter any aspect of the Georgia political arena should be aware of the key rules.

For individuals engaged in government relations, Georgia law defines a lobbyist as an individual receiving more than $250 per year in compensation/reimbursement or making more than $1,000 in lobbying expenditures per year to promote or oppose the passage of legislation, ordinances or resolutions or to influence a public official in the selection of a vendor. 

Compared to the federal Lobbying Disclosure Act (LDA), these are very low thresholds. Individuals who expect to meet these threshold amounts must register as a lobbyist prior to conducting any lobbying activity in the state. 

Georgia’s rules are stricter than the federal LDA requirements and other states as well. Wisconsin, for example, requires individuals to apply for a state lobbying license only if they are paid by an organization to attempt to influence state legislation or an administrative rule and if they communicate with a government official on five or more days within a six-month reporting period. In Georgia, there is no cost to register as a lobbyist; however, there may be fees associated with identification cards or registering on behalf of multiple organizations. The failure to comply with registration requirements, however, could result in a $2,000 fine.

State disclosure requirements for groups and individuals engaged in lobbying activity in Georgia vary based on myriad factors, making professional guidance advisable for those entering and operating in Georgia. For example, lobbyists who are registered to promote or oppose legislation before the General Assembly or governor must file semimonthly disclosures. Lobbyists registered to promote or oppose ordinances or resolutions by a public officer are required to file less frequent disclosures. If an individual is registered to lobby before multiple entities, the frequency of the disclosure varies even further.

Reports by lobbyists must include a description of all lobbying expenditures, such as food, beverages and registration at group events to which all members of an agency are invited; and reimbursement or payment of actual and reasonable expenses provided to a public officer and their staff members for attending educational, informational, charitable or civic meetings or conferences.

The failure to file timely disclosures could result in fines ranging from $275 to $10,000 depending on the length of the delay in disclosing and other pertinent factors, including whether the General Assembly is in session. Additionally, the commission may deny, suspend or revoke an individual’s lobbying registration for one year for failure to comply with disclosure requirements. Compared to Wisconsin, which imposes small fines only after 30 days have expired, even for repeat violations, Georgia imposes much heavier penalties.


Previous Post

An Effective E&C Program Is More Than the Sum of Its Parts

Next Post

Consumers and Federal Regulators Continue Fight Against Greenwashing

Andrew D. Herman and Bria Stephens

Andrew D. Herman and Bria Stephens

Andrew D. Herman is a partner and chair of the Political Law Group of Lawrence & Bundy in the firm’s Washington, D.C. office. He counsels corporations, labor unions, political committees and nonprofits on compliance with federal, state and local rules governing political activity and policy advocacy. Andrew represents a number of elected officials, including members of both the U.S. Senate and House of Representatives on electoral campaign rules, ethics and duties and responsibilities of officeholders. He also counsels nonprofit and corporate entities on issues involving lobbying disclosure, anti-corruption laws and government conflict of interest laws.
Bria Stephens is a political law attorney and litigator with Lawrence & Bundy in the firm’s Atlanta office. She is currently working on a high-profile voting rights case involving statutory claims against the state of Georgia that has gained national attention, including coverage by the New York Times. A skilled researcher and writer, Bria has drafted a number of successful motions to dismiss, motions for summary judgment, pre-trial motions in limine and writs. In her litigation practice, Bria works with clients on internal investigations involving claims of fraud, breach of contract and harassment.

Related Posts

Fox_DOJ Speeches_f

Analysis of Recent DOJ Statements

by Corporate Compliance Insights
March 23, 2023

DOJ leaders provide insight into agency's plans. Analysis of Recent Statements DOJ Shaping the Future of Corporate Criminal Enforcement What’s...

Fox_2023 ECCP Update_f

2023 Evaluation of Corporate Compliance Programs

by Corporate Compliance Insights
March 23, 2023

Keeping up with 2023 changes to DOJ guidelines. Additions, Deletions & Changes From 2020 2023 Evaluation of Corporate Compliance Programs...

encompass update

Encompass Launches pKYC Maturity Model

by Corporate Compliance Insights
March 22, 2023

KYC automation platform Encompass has unveiled a new perpetual Know Your Customer (pKYC) maturity model designed to help banks improve...

consilio onna partnership

Consilio, Onna Seek to Streamline eDiscovery for Cloud Apps

by Corporate Compliance Insights
March 22, 2023

Legal technology provider Consilio has launched a new platform, Sightline Collect, powered by data management supplier Onna. The platform is...

Next Post
greenwashing

Consumers and Federal Regulators Continue Fight Against Greenwashing

Compliance Job Interview Q&A

Jump to a Topic

AML Anti-Bribery Anti-Corruption Artificial Intelligence (AI) Automation Banking Board of Directors Board Risk Oversight Business Continuity Planning California Consumer Privacy Act (CCPA) Code of Conduct Communications Management Corporate Culture COVID-19 Cryptocurrency Culture of Ethics Cybercrime Cyber Risk Data Analytics Data Breach Data Governance DOJ Download Due Diligence Enterprise Risk Management (ERM) ESG FCPA Enforcement Actions Financial Crime Financial Crimes Enforcement Network (FinCEN) GDPR HIPAA Know Your Customer (KYC) Machine Learning Monitoring RegTech Reputation Risk Risk Assessment SEC Social Media Risk Supply Chain Technology Third Party Risk Management Tone at the Top Training Whistleblowing
No Result
View All Result

Privacy Policy

Founded in 2010, CCI is the web’s premier global independent news source for compliance, ethics, risk and information security. 

Got a news tip? Get in touch. Want a weekly round-up in your inbox? Sign up for free. No subscription fees, no paywalls. 

Follow Us

Browse Topics:

  • CCI Press
  • Compliance
  • Compliance Podcasts
  • Cybersecurity
  • Data Privacy
  • eBooks Published by CCI
  • Ethics
  • FCPA
  • Featured
  • Financial Services
  • Fraud
  • Governance
  • GRC Vendor News
  • HR Compliance
  • Internal Audit
  • Leadership and Career
  • On Demand Webinars
  • Opinion
  • Resource Library
  • Risk
  • Uncategorized
  • Videos
  • Webinars
  • Well-Being
  • Whitepapers

© 2022 Corporate Compliance Insights

No Result
View All Result
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe

© 2022 Corporate Compliance Insights

Welcome to CCI. This site uses cookies. Please click OK to accept. Privacy Policy
Cookie settingsACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT