In response to an advisory opinion request on March 23, 2023, from Bryan Sells, on behalf of the
Libertarian Party of Georgia (“Libertarians”), the Georgia Government Transparency and
Campaign Finance Commission (“Commission”) advises that a candidate nominated by the
Libertarian Party is permitted to accept contributions for a primary election if they do not appear
on a primary election ballot. Further, contribution limits do not apply when the Libertarian Party
makes contributions to its party ticket or a group of named candidates as the Libertarians are
considered a political party as defined by O.C.G.A. § 21-5-40.
Questions Presented in Request for
Advisory Opinion 2023-02
1. Is a candidate nominated by the Libertarian Party entitled to a primary contribution and
primary run-off contribution even though the Libertarian Party is not permitted to nominate
candidates by primary election due to their status as a “political body”?
2. Contribution limits do not apply to political parties when a contribution is made by a
political party in support of the party ticket or group of named candidates, do the
contribution limits apply when the Libertarian Party contributes in support of its party
ticket or a group of named candidates?
Discussion and Legal Analysis
Pursuant to a written request for an advisory opinion dated March 23, 2023, Bryan Sells, on behalf
of the Libertarian Party of Georgia, seeks guidance as to how the nomination process and
contribution limits affect the Libertarians due to their status as a “political body” rather than a
“political party”, under O.C.G.A. § 21-2-2(23).
A political party is defined as,
“any political organization which at the preceding:
(A) Gubernatorial election nominated a candidate for Governor
and whose candidate for Governor at such election polled at least
20 percent of the total vote cast in the state for Governor; or
(B) Presidential election nominated a candidate for President of the
United States and whose candidates for presidential electors at
such election polled at least 20 percent of the total vote cast in the
nation for that office.”
O.C.G.A. § 21-2-2(25).
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Advisory Opinion No. 2023-02
A political body, is defined as, “any political organization other than a political party.” O.C.G.A.
§ 21-2-2(23). Political bodies are confined to nominate their candidates for office by the
convention process and are not eligible as political bodies to participate in the primary election
process. See generally O.C.G.A. §§ 21-2-172 and 151. As such, candidates put forward by
political bodies qualify and appear on one ballot, the general election ballot.
The Campaign Finance Act is silent as to nominations by convention and how conventions
impact the contribution structure, but a Commission rule has fleshed out the issue of when a
candidate appears on the general election ballot and not the primary ballot. This rule states, “Any
person who will be on the general election ballot as a candidate in an election preceded by a
primary election may accept contributions designated for such primary election even though such
candidate does not appear on the primary ballot.” Ga. Comp. R. & Regs. r. 189-6-.02. Utilizing
this guidance, a Libertarian candidate who appears on the general election ballot is authorized to
accept up to the maximum contribution limit for the primary election and the general election.
Due to the impossibility of a Libertarian candidate appearing on the primary run-off ballot, much
like a candidate in a single-person primary, they are not authorized to accept contributions for a
primary run-off. See generally O.C.G.A. § 21-5-43(d).
Political parties are not bound by the contribution limits when they make contributions or
expenditures for a group of named candidates or a party ticket. See O.C.G.A. § 21-5-41(j).
Political party for purposes of multi-candidate communications enjoys a broader definition as
previously defined in the election code,
““Political party” means any political party as that term is defined in paragraph
(25) of Code Section 21-2-2, as amended; provided, however, that for purposes of
this article, local, state, and national committees shall be separate political
parties.”
O.C.G.A. § 21-5-40(emphasis added).
Given this broad definition including a multitude of committees in addition to the political parties
as mentioned previously in O.C.G.A. § 21-2-2, the Libertarian Party of Georgia is authorized to
make contributions or expenditures to a group of candidates or a party ticket and are not bound by
the contribution limits for the contributions or expenditures.
Conclusion
The Georgia Government Transparency and Campaign Finance Commission advises a candidate
nominated by the Libertarian Party is entitled to a primary contribution and general contribution
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CAMPAIGN FINANCE COMMISSION
Advisory Opinion
No. 2023-02
up to the contribution limits for both elections even if the candidate does not participate in the
primary election. The Commission further advises that contribution limits do not apply when the
Libertarian Party contributes in support of its party ticket or a group of named candidates.
This Advisory Opinion concerns the application of the Georgia Government Transparency and
Campaign Finance Act, or regulations prescribed by the Georgia Transparency and Campaign
Finance Commission, to the specific facts, transaction, or activity set forth for Advisory Opinion
2023-02.
Advisory Opinion 2023-02 is hereby adopted by the Commission in conformity with O.C.G.A. §
21-5-6(13) on June 26th , 2023