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03 LC 18 2076
House Bill
155
By: Representatives Day of the 126th and Stephens of the 123rd
By: Representatives Day of the 126th and Stephens of the 123rd
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Article 2 of Chapter 5 of Title 21 of the Official
Code of Georgia Annotated, relating to campaign contributions, so as to provide
that certain campaign contributions shall disqualify persons from consideration
for appointment to judgeships; to provide for definitions; to provide for
conditions and limitations; to provide for authority for this Act; to provide an
effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 2 of Chapter 5 of Title 21 of the Official Code of
Georgia Annotated, relating to campaign contributions, is amended by adding a
new Code section at the end thereof, to be designated Code Section 21-5-37, to
read as
follows:
"21-5-37.
(a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of Governor.
"21-5-37.
(a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of Governor.
(2) 'Contribution' means a gift, subscription, membership,
loan, forgiveness of debt, advance or deposit of money, or anything of value
conveyed or transferred for the purpose of influencing the nomination for
election or election of an individual to the office of Governor or encouraging
the holder of such office to seek reelection. The term 'contribution' shall
include the payment of a qualifying fee for and on behalf of a candidate for the
office of Governor and any other payment or purchase made for and on behalf of
the Governor or for or on behalf of a candidate for that office when such
payment or purchase is made for the purpose of influencing the nomination for
election or election of the candidate and is made pursuant to the request or
authority of the holder of such office, the candidate, the campaign committee of
the candidate, or any other agent of the holder of such office or the candidate.
The term 'contribution' shall not include the value of personal services
performed by persons who serve on a voluntary basis without compensation from
any source.
(3) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to the campaign committee of a candidate for the office of Governor. Such term does not mean a campaign committee.
(b) In the event a person, a political action committee acting on behalf of such person, a member of the immediate family of such person, or a member of the business, firm, or partnership of such person makes a contribution to or on behalf of the Governor or on behalf of a candidate for such office or to or on behalf of a campaign committee of any such candidate, such person shall not be qualified for consideration by the Judicial Nominating Commission for appointment to a judgeship by the Governor until a period of 12 months, beginning on the date such contribution was made, has elapsed.
(c) This Code section is enacted pursuant to Article VI, Section VII, Paragraph II(e) of the Constitution."
(3) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to the campaign committee of a candidate for the office of Governor. Such term does not mean a campaign committee.
(b) In the event a person, a political action committee acting on behalf of such person, a member of the immediate family of such person, or a member of the business, firm, or partnership of such person makes a contribution to or on behalf of the Governor or on behalf of a candidate for such office or to or on behalf of a campaign committee of any such candidate, such person shall not be qualified for consideration by the Judicial Nominating Commission for appointment to a judgeship by the Governor until a period of 12 months, beginning on the date such contribution was made, has elapsed.
(c) This Code section is enacted pursuant to Article VI, Section VII, Paragraph II(e) of the Constitution."
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.