(3.1) A public officer and candidates for election as a public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, shall make filings of the same kind and in the same manner as provided in paragraph (1) of this subsection for other public officers and candidates for election as a public officer except that filings under this paragraph shall be made with the election superintendent of the county in the case of public officers and candidates for election as a public officer as defined in said subparagraph (F) and shall be made with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality in the case of public officers as defined in said subparagraph (G). The election superintendent, municipal clerk, or chief executive officer, as applicable, shall transmit, electronically by eFiling or eFax, a copy of each such report to the commission not later than 30 days after the close of the reporting period. No fine, fee, or sanction, including but not limited to identifying a public officer or candidate for election as a public officer as having filed late or failed to file, shall be imposed by the commission on the public officer or candidate for election as a public officer for the failure of the election superintendent, municipal clerk, or chief executive officer to timely transmit a copy of such report.
or in which the filer’s spouse or any dependent child serves as an officer, director, equitable partner, or trustee; and
(3.1) The financial disclosure statement required by paragraph (1) of this subsection shall include the source or sources of the candidate’s income for the five calendar years prior to the year in which the election is held and the first quarter of the calendar year in which the election is held.
(A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and
(B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter.
History. Code 1981, § 21-5-50 , enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, §§ 13, 14; Ga. L. 1988, p. 603, § 6; Ga. L. 1989, p. 10, § 1; Ga. L. 1990, p. 922, §§ 7, 8; Ga. L. 1992, p. 56, § 1; Ga. L. 1992, p. 1075, §§ 14, 15; Ga. L. 1993, p. 118, § 1; Ga. L. 1994, p. 258, § 12; Ga. L. 2005, p. 859, § 18/HB 48; Ga. L. 2009, p. 620, § 5/SB 168; Ga. L. 2010, p. 9, § 1-48/HB 1055; Ga. L. 2010, p. 1173, § 16/SB 17; Ga. L. 2011, p. 19, § 6/HB 232; Ga. L. 2013, p. 173, § 6/HB 143; Ga. L. 2013, p. 540, § 4/HB 142; Ga. L. 2016, p. 173, § 8/SB 199; Ga. L. 2020, p. 493, § 21/SB 429; Ga. L. 2022, p. 3, § 12/SB 120.
The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct this title, deleted subsection (g) which was formerly designated as reserved.
The 2022 amendment, effective March 2, 2022, in subsection (a), added the proviso at the end of paragraph (a)(2), and, in paragraph (a)(3.1), inserted “and candidates for election as a public officer” in three places in the first sentence and inserted “or candidate for election as a public officer” twice in the third sentence; in subsection (c), substituted “the five calendar years prior” for “the calendar year prior” in paragraph (c)(3) and added paragraph (c)(3.1); and added subsection (g).
Code Commission notes.
The amendment of this Code section by Ga. L. 2010, p. 9, § 1-48/HB 1055, irreconcilably conflicted with and was treated as superseded by Ga. L. 2010, p. 1173, § 16/SB 17. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).
Pursuant to Code Section 28-9-3 , in 2013, the amendment of subsection (g) of this Code section by Ga. L. 2013, p. 173, § 6/HB 143, was treated as impliedly repealed and superseded by Ga. L. 2013, p. 540, § 4/HB 142, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974) and Ga. L. 2013, p. 141, § 54(d)/HB 79.
Pursuant to Code Section 28-9-5, in 2022, “this paragraph” was substituted for “paragraph (2) of subsection (a) of Code Section 21-5-50” in paragraph (a)(2).
Editor’s notes.
Ga. L. 1993, p. 118, § 1 which amended this Code section, contained an incorrect reference to Code Section 21-2-50. The correct reference was to Code Section 21-5-50 (this Code section).
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: “This Act shall become effective on January 10, 2011, and shall apply to all reports filed on and after such date; provided, however, that if Code Section 45-12-92.1 as enacted by HB 1055 at the regular session of the 2010 General Assembly does not become law, then the following provisions as enacted by this Act shall not become effective and shall be reserved instead: paragraph (2) of subsection (k) of Code Section 21-5-34; paragraph (2) of subsection (f) of Code Section 21-5-50; division (f)(2)(D)(ii) of Code Section 21-5-71; and division (f)(2)(E)(ii) of Code Section 21-5-71.” HB 1055 became effective May 12, 2010.
Ga. L. 2011, p. 19, § 10/HB 232, not codified by the General Assembly, provides: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. It is the express intention of the General Assembly that this Act be applied retroactively to January 10, 2011, as well as prospectively.” This Act became effective March 15, 2011.
Ga. L. 2022, p. 3, § 12/SB 120, purported to amend subsection (g) but actually enacted a new subsection (g).
Law reviews.
For article, “Georgia Campaign Finance and Disclosure Law,” see 27 Ga. St. B. J. 175 (1991).
For note on the 1992 amendments 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).
For article on the 2013 amendment of this Code section, see 30 Ga. St. U. L. Rev. 129 (2013).