Ethics and Campaign Filing. Shaun Adams, Esq. Associate Legislative Director ACCG Phone:

Transcription

1 Ethics and Campaign Filing Shaun Adams, Esq. Assciate Legislative Directr ACCG Phne:

2 Overview Part I Review f the Filing Prcess Understanding the Exemptin Affidavit Electin Cycle vs. Electin Year Part II Filing the Final Terminatin Statement & CCDR Fines New Cmmissin Rules Agency Rule vs. State Statute Lking Ahead Resurces

3 Part I The pleasures arising frm thinking and learning will make us think and learn all the mre. ~ Aristtle, Nicmachean Ethics

4 Review f Filing Prcess What Frms Are Filed Lcally? Declaratin f Intent (DOI) Exemptin Affidavit Campaign Cntributin Disclsure Statement (CCDR) Persnal Financial Disclsure Statement (PFD) Final CCDR and Terminatin Statement Affidavit f Incumbent Nt Seeking Reelectin Tw Business Day Reprt By law, the RC and ROC frms are still filed w/ the Cmmissin per O.C.G.A (b) & COOSA frms per O.C.G.A (a)(2) Filing Schedule Electin Year: Jan. 31, Mar. 31, June 30, Sept. 30, Oct. 25, Dec. 31 Nn-electin Year: Jan. 31, June 30 Run-ff: 6 days befre primary r general run-ff electin Special: 15 days prir t special primary r general & 6 days prir t run-ff

5 Wh Files Lcally? Review Per O.C.G.A (22)(F)- every elected cunty fficial and every elected member f a lcal bard f educatin, and (G) every elected municipal fficial. O.C.G.A (a)(2)(A), any campaign cmmittee designed t bring abut the apprval r rejectin by the vters f any prpsed questin which is t appear n the ballt in a cunty r municipal electin, prvided they raise r spend > $500 Reprt shall be filed 15 days prir t date f the electin and a final reprt prir t 12/31 f the electin year. Hw D They File? Methds: certified mail, statutry vernight delivery, persnal delivery, r efiling if available (O.C.G.A (c)). O.C.G.A (a)(3)&(4) states: the candidate, r chairpersn r treasurer f candidate s campaign cmmittee shall sign and file reprts with the Electin Superintendent r municipal clerk.

6 Understanding the Exemptin Affidavit O.C.G.A (d.1)(1), (2), and (3) prvides fr the authrizatin f lcal public fficials t file an affidavit f intent nt t exceed cntributin and expenditure threshlds in exchange fr filing fewer CCDRs. Wh Can File? Lcal Public Officials as defined by O.C.G.A (22)(F) & (G) Can als be filed by the chairpersn r treasurer f the candidate s campaign cmmittee Includes: Candidates, Incumbents seeking reelectin, & Public Officials When Can They File? At any time. There is n deadline fr the Exemptin Affidavit Hwever, it is nly valid frm the date f filing mving frward, nt retractive Hw d They File? Same manner as the CCDR

7 Understanding the Exemptin Affidavit If I File the Exemptin Affidavit, D I Still Have t File a PFD, Tw Business Day Reprt, r Final Terminatin & CCDR? YES! The Exemptin Affidavit ONLY applies t the CCDR Threshlds: Based n an electin cycle NOT term f ffice, electin year, r calendar year < $2,500 $2,500-5,000 > $5,000

8 Understanding the Exemptin Affidavit CCDR Filing Schedule w/ Exemptin Affidavit n File* < $2,500: N required filing deadlines $2,500-5,000: June 30 th and Octber 25 th (regardless f whether it is an electin year r nn-electin year, Prpsed Rule (7))** Electin year: file amendment t 10/25 reprt fr items b/w 10/25-12/31 (Prpsed Rule (6)) > $5,000: Subject t full filing schedule under O.C.G.A (c) *Exemptin Affidavit must be n filed by the due date in rder t exempt the candidate/public fficial frm that CCDR reprt. **Prpsed Rule (5) requires CCDR reprts filed nce a candidate/fficial exceeds the $2,500 threshld t reprt all cntributins and expenditures dating back t January 1 st f that year. (Adpted n March 26, 2015)

9 Electin Cycle vs. Electin Year Electin Cycle O.C.G.A (10): is the perid frm the day fllwing the date f an electin r appintment f a persn t elective public ffice thrugh and including the date f the next such electin f a persn t the same public ffice and shall be cnstrued and applied separately fr each elective ffice. Electin Year O.C.G.A (11): means fr each elective ffice the calendar year during which a regular r special electin t fill such ffice is held.

10 Electin Cycle Example1: Candace Candidate is elected n 11/4/14 fr Blackacre Cunty Cmmissin District 2 fr a 4 year term. In 2018, Candace wins her primary in May and has n ppsitin in the general electin which will be held n 11/6/2018. When des Candace s electin cycle end? Example 2: Eddy Educatr is elected t Greenacre Cunty Schl Bard n 5/20/14 fr a 4 year term. In 2018, Eddy successfully cmpletes his bid fr reelectin during the 5/23/18 electin and since it is a nnpartisan schl bard, there is nt a subsequent electin t be held in Nvember. When des Eddy s new electin cycle begin?

11 Electin Cycle Questins Hw d we knw which electin restarts the electin cycle? Des the candidate/fficial have t file a new Exemptin Affidavit? Des the threshld fr the Exemptin Affidavit restart when a new electin cycle begins? If a candidate went ver the $5,000 threshld prir t his Nvember electin, des he still have t file the 12/31 CCDR? What if the candidate accepts cntributins after the electin t pay ff debt incurred prir t the electin? If a 12/31 CCDR is wed, des the candidate still carry frward expenditures and cntributins thrugh the remainder f the calendar year?

12 Electin Cycle Questins S, a candidate can raise/spend mney fr public ffice up until the general electin date, and the mney he/she raises r spends will nt be cunted tward their electin cycle fr the ffice in which the mney was raised r spent t elect them?

13 Part II

14 Final Terminatin & CCDR O.C.G.A (m): states in part that a terminatin statement tgether with its final CCDR, as required by law, shall be filed within 10 days f the disslutin f a campaign r cmmittee. The terminatin statement shall identify the persn respnsible fr maintaining campaign recrds. What cnstitutes a disslutin? Bringing the campaign accunt balance t zer Excess funds can be dispsed f per O.C.G.A (b)(1) Satisfying any utstanding debts Can t be in ffice Can t be seeking the same ffice

15 Officials Leaving Office O.C.G.A (i)(1)- requires fficials leaving public ffice t file supplemental CCDRs n June 30 th and December 31 st f each year until excess funds are expended and debts are satisfied. If the fficial leaves ffice during their term, they must fllw the CCDR filing schedule fr that ffice thrugh the end f the year. Assuming campaign accunt is disslved, cannt file Final Terminatin & CCDR prir t 12/31 If the fficial resigns ffice, they can file the Final Terminatin and CCDR nce the campaign accunt is disslved. Is subject t the 10 day reprting deadline frm disslutin.

16 Unsuccessful Candidates O.C.G.A (i)(2)- requires unsuccessful candidates in an electin t file supplemental CCDRs n later than 12/31 f each year until the campaign accunt has been disslved. If a candidate is unsuccessful in a May primary and has disslved their campaign accunt, they must wait until the 12/31 reprting deadline t file the Final Terminatin and CCDR. Any time after, the unsuccessful candidate must file the Final Terminatin & CCDR within 10 days f disslutin f the campaign accunt. Candidate is subject t the applicable filing schedule in the interim

17 Fines O.C.G.A (k)(1)- prvides fr the fllwing fine and ntice requirements fr late and/r nn-filers: Ntice f Nn-Filing- shall be sent t the candidate and the candidate s campaign cmmittee by certified mail return receipt requested. Ntice f Late-Filing- shall be sent t candidate and their campaign cmmittee in same manner as reprt was filed, i.e., efiling r certified mail return receipt requested. Ntice Shall Include: Schedule f increasing late fees and the dates upn which such late fees shall be increased

18 Fine Schedule Fine Schedule $125 after grace perid Additinal $250 n 15 th day Additinal $1,000 n 45 th day Max amunt per late filing is $1,375 *Any increase in late fees shall be stayed until at least 10 days after prper ntice has been given Grace Perids CCDR 5 business days Run-ff 2 business days Tw Business Day Reprt N grace perid Final Terminatin & CCDR PFD 10 days f disslutin f campaign Cmmissin des nt issue fine fr this reprt Electin year: 15 days f qualifying Nnelectin year: July 1 (n grace perid)

19 Fine Questins D I have t send a ntice ut each time the fine increases? What if they dn t pay? What enfrcement d we have? Wh gets the fine revenue? What if we dn t get the ntice ut until 45 days after the due date, is their fine $1,375? Or $125?

20 Prpsed Cmmissin Rules Assistance by Lcal Filing Officers Lcal filing entities may render assistance if it is rdinary and in the curse f perfrming their regular duties efiling f 2 Business Day Reprt w/ Lcal Filing Entity Lcal candidates wh file a Tw Business Day reprt via fax with their lcal filing entity must file w/in 5 business days thereafter a Tw Business Day reprt electrnically pursuant t the lcal filing entities wn rules Transmissin f DOI by Lcal Filing Entity Lcal filing entities must transmit a candidate s DOI w/in 10 days f it being filed. *All abve referenced rules were adpted n March 26, 2015

21 Prpsed Amendments t Cmmissin Rules (4)(a) CCDR Persn in a primary electin must file the June 30 th CCDR, and the January 31 st CCDR f the immediately fllwing year f the electin. Candidates wh file a DOI but d nt qualify may file a Final Terminatin & CCDR w/in 10 days f disslutin f their campaign (8) CCDR Candidates in special electins must file a Dec. 31 st CCDR Retentin Schedule Greater f 5 years frm the date received by lcal filing fficers, date candidate s campaign is disslved, r frm the time candidate leaves ffice. *All abve referenced rules were adpted n March 26, 2015

22 Rule vs. Statute What is the purpse f an agency rule r regulatin? The purpse is t address an ambiguity r absence f guidance in the law that clarifies hw a certain prvisin is t be implemented. Such rule r regulatin shuld nt substantively change the intent f a prvisin but rather prvide clear guidance n hw t implement it. Benefit f rule r regulatin is that when a need arises fr guidance, a rule r regulatin can be prmulgated much quicker than waiting fr the next legislative sessin t make statutry changes. What happens if an agency rule is in direct cnflict with a state statute? Any agency rule r regulatin in direct cnflict with a state statute shall be superseded by the statute. Repealing a rule in cnflict with a state statute requires actin by the agency bard, r a challenge by a persn with standing t verturn the rule based n its cnflict with a statute.

23 Lking Ahead Ptential Changes Amend law t have lcal candidates file their RC, ROC, and COOSA frms with the lcal filing fficer Amend filing schedule t reflect changes in electin dates as well as clarify nn-electin year filing dates fr candidates/fficials between $2,500-5,000 threshld. Additinal changes t Exemptin Affidavit dealing with electin cycle Other items and technical clean-up 2016 Electin Year Cmpressed electin calendar again! Petitin Cmmissin nw fr prpsed rules necessary t imprve the prcess fr the next electin

24 Resurces ACCG GGTCFC Frms: Campaign Finance Act: Agency Rules & Regulatins: Gergia General Assembly Legislatin Search/ Gergia Cde Online:

25 Cntact Infrmatin Shaun Adams, Esq. ACCG, Gergia s Cunty Assciatin sadams@accg.rg r ethics@accg.rg Office: Cell: Opprtunity is missed by mst peple because it is dressed in veralls and lks like wrk. ~ Thmas Edisn