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HB1769.html
04 LC 21 7885
House Bill
1769 By: Representatives Skipper of the
116th, Smyre of the 111th, Porter of the 119th,
Buckner of the 82nd, Orrock of the 51st, and others
A BILL TO BE
ENTITLED AN ACT
To amend Chapter 5 of Title 21 of the Official Code of
Georgia Annotated, relating to ethics in government, so as to provide a
statement of legislative intent; to define certain terms; to provide a Code of
Fair Campaign Practices; to provide that every candidate for public office shall
receive a blank form of such code; to provide for the printing of such forms; to
provide for the filing and public inspection of such forms; to provide that
subscription of such code shall be voluntary; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 5 of Title 21 of the Official Code of Georgia
Annotated, relating to ethics in government, is amended by inserting at the end
thereof the following:
"ARTICLE
5
21-5-90 (a) The General
Assembly hereby declares that the purpose of this article is to encourage every
candidate for public office in this state to subscribe to the Code of Fair
Campaign Practices. (b) It is the ultimate intent of
the General Assembly that every candidate for public office in this state who
subscribes to the Code of Fair Campaign Practices will follow the basic
principles of decency, honesty, and fair play in order that, after vigorously
contested, but fairly conducted campaigns, the citizens of this state may
exercise their constitutional right to vote, free from dishonest and unethical
practices which tend to prevent the full expression of the will of the
voters. (c) The purpose in creating the Code of Fair
Campaign Practices is to give voters guidelines in determining fair play and to
encourage candidates to discuss issues instead of untruths or
distortions.
21-5-91. As
used in this Code section, the term: (1) 'Campaign
advertising or communication' means a communication authorized by a candidate or
a
candidates´s
campaign committee, as defined in Code Section 21-5-3, or by a committee formed
primarily to support or oppose a ballot measure for the purpose of advocating
the election or defeat of a qualified candidate or ballot measure through any
broadcasting station, newspaper, magazine, outdoor advertising facility, direct
mailing, e-mail, Internet website, or other electronic means, or any other type
of general, public, or political advertising. (2)
'Candidate for public office' means an individual who has qualified to have his
or her name listed on the ballot of any election, or who has qualified to have
written votes on his or her behalf counted by election officials, for nomination
for, or election to, any state, regional, county, municipal, or district office
which is filled at an election. (3) 'Code' means the
Code of Fair Campaign
Practices.
21-5-92. The
Secretary of State is directed to ensure that at the time any candidate declares
his or her candidacy for or is nominated for public office, he or she shall
receive a blank form of the Code of Fair Campaign Practices along with an
express statement that subscription to the code is voluntary. The text of the
code shall read as follows:
'Code of Fair Campaign
Practices
There are basic principles of decency, honesty, and fair
play which every candidate for public office in the State of Georgia has a moral
obligation to observe and uphold, in order that, after vigorously contested, but
fairly conducted campaigns, our citizens may exercise their constitutional right
to a free and untrammeled choice and the will of the people may be fully and
clearly expressed on the
issues.
THEREFORE: (1) I
shall conduct my campaign openly and publicly, discussing the issues as I see
them, presenting my record and policies with sincerity and frankness, and
criticizing without fear or favor the record and policies of my opponents or
political parties which merit such criticism. (2) I
shall not use or permit the use of character defamation, libel, or slander on
any candidate or his or her personal or family
life. (3) I shall not use or permit any appeal to
negative prejudice based on race, sex, religion, national origin, physical
health status, or age. (4) I shall not use or permit
any dishonest or unethical practice which tends to corrupt or undermine our
American system of free elections or which hampers or prevents the full and free
expression of the will of the voters, including acts intended to hinder or
prevent any eligible person from registering to vote, enrolling to vote, or
voting. (5) I shall not coerce election help or
campaign contributions for myself or for any other candidate from my
employees. (6) I shall immediately and publicly
repudiate support deriving from any individual or group which resorts, on behalf
of my candidacy or in opposition to that of my opponent, to campaign methods and
tactics which I condemn. I shall accept responsibility to take firm action
against any subordinate who violates any provision of this code or the laws
governing elections. (7) I shall not use or permit or
condone the use of false, misleading, or incomplete facts, quotations,
statements, or statistics which are likely to leave in the minds of the public a
false or mistaken impression concerning myself, any opponent, or any
issue. (8) I shall defend and uphold the right of
every qualified American voter to full and equal participation in the electoral
process. I, the undersigned, candidate for election to
public office in the State of Georgia, hereby voluntarily endorse, subscribe to,
and solemnly pledge myself to conduct my campaign in accordance with the above
principles and practices, and I understand that any question relating to
compliance to this code may be submitted to the State Ethics Commission for a
decision and declaration of compliance or
violation. ____________________________
_____________________________' (Date)
(Signature)
21-5-93. The
Secretary of State shall print, or cause to be printed, blank forms of the code.
The Secretary of State shall supply the forms as
necessary.
21-5-94. The
Secretary of State shall accept all completed forms submitted pursuant to this
article which are properly subscribed to by a candidate for public office before
an officer duly authorized to administer oaths and shall retain them for pubic
inspection until 30 days after the election. Such submissions shall be made not
later than the end of the tenth day following the last day for qualifying;
provided, however, that in 2004 such submissions shall be made not later than
June 5, 2004. Every code subscribed to by a candidate for public office
pursuant to this article is a public record open for public
inspection.
21-5-95. In no
event shall a candidate for public office be required to subscribe to or endorse
the code."
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.
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