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In response to an advisory opinion request on April 25, 2025, from Bryan Sells (“Requestor”), the Georgia State Ethics Commission (“Commission”) advises that where a candidate solicits a donation from an independent committee specifically to pay the cost of airing television ads created by the candidate, and then that independent committee chair, along with the candidate’s consent and cooperation, coordinates with the chair of a leadership committee to contribute those funds to the leadership committee which then immediately uses those funds to pay the cost of airing the candidate’s advertisements, it would under those circumstances be a contribution by the independent committee to the candidate, subject to campaign contribution limits.
Question Presented in Request for Advisory Opinion 2025-01
In a letter from Bryan L. Sells of The Law Office of Bryan L. Sells, LLC1, the following specific question was presented for an advisory opinion from the Commission:
- Consider the following hypothetical set of circumstances. A candidate for Public Service Commissioner solicits a donation of $500,000 from an independent committee to pay for the cost of airing television ads that the candidate has already produced. Recognizing that the independent committee cannot lawfully contribute $500,000 to the candidate’s committee, the. chair of the independent committee, with the candidate’s consent and cooperation, coordinates with the chair of a leadership committee to contribute $500,000 to the leadership committee which then immediately pays $500,000 for the cost of airing the candidate’s advertisements. Under these circumstances, has the independent committee made a contribution to the candidate that is subject to the statutory contribution limits?
Background and Overview of the Law
As Mr. Sells correctly points out in his letter, O.C.G.A. § 21-5-41(a) prohibits a “person, corporation, political committee, or political party” from making “contributions to any candidate for state-wide elected office which in the aggregate for an election cycle exceed” certain statutory limits2. See O.C.G.A. § 21-5-4l(k).
Additionally, those same statutes prohibit a candidate or campaign committee from receiving from such entity, contributions which in the aggregate exceed certain maximum allowable contributions during an election cycle. See O.C.G.A. §§ 21-5-4l(a) and (k).
State Ethics Commission rules define “Independent Expenditure” as “a political campaign communication that expressly advocates the election or defeat of a clearly identified candidate that is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate or candidate’s authorized committees”. See Ga. Comp. R. & Regs. 189-2-.01(14).
Additionally, the rules of the State Ethics Commission provide, in part, that:
“Campaign contribution limits on contributions to candidates do not apply to independent expenditures made to influence candidate elections. An independent expenditure is an expenditure for a communication which expressly advocates the election or defeat of a clearly identified candidate but which is made independently of any candidate’s campaign. However, an expenditure is “independent” only if it meets certain conditions. It must not be made with the cooperation or consent of, or in consultation with, or at the request or suggestion of any candidate or any of his or her agents or authorized committees. An expenditure which does not meet the above criteria for independence is considered a contribution which is subject to limits.” See Ga. Comp. R. & Regs. 189-3-.01(9)(f).
Leadership Committees were established in Georgia law in 2021. One of the features of a leadership committee is that campaign contributions limits do not apply to contributions with respect to a leadership committee. See O.C.G.A. § 21-5-34.2.
Moreover, a leadership committee may also accept contributions or make expenditures for the purpose of affecting the outcome of any election or advocating for the election or defeat of any candidate and are not considered to be an independent committee. See id.
It should also be noted that coordination rules do not apply between an independent committee and a Leadership Committee. Similarly, coordination rules do not apply between a Leadership Committee and candidate. See O.C.G.A. § 21-5-34.2.
Discussion and Legal Analysis
The State Ethics Commission finds that this hypothetical question proposed by Mr. Sells is one of first impression and the discussion and legal analysis follow accordingly.
The State Ethics Commission has previously advised that, “other than creating a campaign committee as permitted by law, neither a candidate nor the candidate’s campaign committee may establish, operate, solicit donations for, nor coordinate communications with a nonprofit or other entity that expends money for communications referring to the candidate or the candidate’s opponent. In instances of such solicitation and coordination, the expenditures on the communications are contributions to the candidate reportable on the candidate’s or candidate committee’s CCDR. This result pertains regardless of whether the communications are ”express advocacy,” regardless of whether the entity was initially created as an “independent committee” and regardless of the specific federal tax section under which the entity is formed or with which it intends to comply.” See AO-2017-05 (emphasis added).
As this Commission previously advised, once there is cooperation, consent, coordination, consultation, requests or suggestions between an independent committee and a candidate or candidate committee regarding the “independent expenditure” being made by the independent committee, then that “independent expenditure” ceases to be such and has been converted into a campaign contribution. See AO 2017-05; and Ga. Comp. R. & Regs. 189-3-.01(9)(f).
A purported “independent committee” that consults with a candidate in making such expenditures has converted itself into a PAC, at least with regard to those expenditures. If it exceeds $25,000 in such contributions, it must register and file CCDRs as a contributor. See AO 2015-02; AO 2017-05; O.C.G.A. § 21-5-34(e). However, an independent committee contributing to a leadership committee would not trigger PAC registration nor the associated reporting requirements.
Money is fungible, so a dollar from one contributor mixes with those of another, and how does one determine which contribution dollar was spent and for what purpose? How it would be determined if a contribution from an independent committee made to a leadership committee was in fact made with the consent, suggestion and/or cooperation of the candidate in order to evade maximum campaign contribution limits is an analysis that would be a very fact specific inquiry in each case and require additional information and evidence not presented in this hypothetical.
In the hypothetical given, it presumes there is clear evidence of consent, cooperation, and agreement between the candidate, the independent committee and the leadership committee regarding the contribution made by the independent committee and the purpose of said contribution. A “wink and a nod” agreement should not allow an independent committee and a candidate or candidate committee to circumvent the clear rules against “independent expenditures” being made with the cooperation or consent of, or in consultation with, or at the request or suggestions of any candidate or his or her agents or authorized committees. This amounts to nothing more than a pass-through contribution to the leadership committee in order to violate campaign contribution limits by the independent committee.
Conclusion
The Georgia State Ethics Commission advises that where a candidate actively coordinates with and consults with an independent committee to make expenditures that advocate either for the candidate or against the candidate’s opponents and uses a leadership committee as the conduit for that expenditure to the direct benefit of the candidate, then that expenditure made by the independent committee ceases to be “independent” and is thus subject to campaign contribution limitations. Whether coordination exists, however, is a fact specific inquiry in each case based on the specific actions involving the candidate or campaign committee, the independent committee, and the leadership committee.
This Advisory Opinion concerns the application of the Georgia Government Transparency and Campaign Finance Act, or regulations prescribed by the Georgia State Ethics Commission, to the specific facts, transaction, or activity set forth for Advisory Opinion 2025-01.
Advisory Opinion 2025-01 is hereby adopted by the Commission in conformity with O.C.G.A. § 21-5-6(13) on September 17th, 2025.
1 A copy of this letter is attached as Exhibit “A.”
2 Current maximum contribution limits for state-wide candidate are $8,400 for primary and general elections and $4,800 for primary runoff and general runoff elections.