Ga. lawmakers in fundraising limbo

♦ Even though lawmakers have been sent home, rules banning fundraising during the session are still in effect.

Georgia lawmakers cannot legally raise campaign contributions while the General Assembly’s 2020 session remains suspended due to the coronavirus outbreak, the state agency board tasked with enforcing the state’s campaign finance laws decided Tuesday.

The Georgia Government Transparency and Campaign Finance Commission voted 3-2 to keep intact the prohibition against campaign fundraising that applies while the legislature is in session — even though lawmakers have been sent home indefinitely to wait out the COVID-19 pandemic.

The suspension of the session on March 13 put legislative incumbents seeking re-election in campaign limbo ahead of the June 9 primary election, with some complaining the situation puts them at a disadvantage against primary challengers free to raise as much money as they can bring in.

During a teleconference meeting of the commission Tuesday, board members disagreed on whether the 2020 session was technically “adjourned” and lawmakers could raise money, or whether the session is only “suspended” with legislative matters like passing the state budget still on the table and fundraising prohibited.

Ultimately, the board narrowly adopted a legal opinion stating that General Assembly members likely cannot legally raise campaign funds right now, despite the unprecedented emergency circumstances caused by coronavirus.

However, the ethics board also agreed state lawmakers can spend their own personal money on campaign purposes and reimburse those costs later from their campaign coffers.

Those reimbursements would have to be made within 60 days after the legislative session adjourns, according to a revised opinion that board members green-lit Tuesday.

Leaders in both House and Senate have not indicated when they might call for reconvening lawmakers to wrap up passing the state budget and formally end the 2020 session. That uncertainty has left some of the more than 40 sitting state lawmakers facing primary opponents worried.

Sen. David Lucas, D-macon, was first to air his concerns about the fundraising ban moments after the state Senate moved to suspend the session.

Concerns have also come from Sen. Horacena Tate, D-atlanta, who has drawn three primary opponents.

Her attorney, Matt Weiss, told the ethics board Tuesday that sitting lawmakers like Tate will be at a disadvantage if the session remains in suspension limbo.

“There’s virtually no time for an incumbent in either the House or Senate to raise money before their primary,” Weiss said.

Weiss, along with ethics board members Robert Watts and James Kreyenbuhl, argued that the General Assembly has technically adjourned. Because of that, they said lawmakers should be allowed to fundraise.

Several board members, as well as Rep. Micah Gravley, R-douglasville, said that is likely not the case because hundreds of bills remain alive in the session and that lawmakers still need to pass the 2021 fiscal year budget, which Georgia’s constitution requires them to do before July 1.

Gravley, who does not face primary opposition, pointed out Tuesday the legislature cannot officially adjourn for good – marking an occasion called “sine die” – until the budget is passed.

Until that happens, and the legislature adjourns “sine die,” Gravely said lawmakers will continue to be in session and unable to fundraise.

“The legislative session is still open,” Gravley said.