The Atlanta Journal-Constitution
Abrams seeks to use fundraising law herself
She wants access to device designed to help incumbents.
Stacey Abrams is seeking access to special fundraising committees that allow a few top candidates to raise unlimited contributions after she effectively became the Democratic nominee for governor when no primary challenger qualified to run against her.
An attorney for Abrams said she could file a legal challenge that would require state officials to let her use the leadership committees that were approved last year by the Republican-controlled General Assembly designed to help Gov. Brian Kemp and top lawmakers.
The law lets the governor, the opposing party’s gubernatorial nominee and party caucuses raise as much cash as they can throughout the campaign, including during legislative sessions. It gave incumbents an added edge, since their challengers can’t use the funds until they win their party’s nomination.
Abrams’ lawyers are poised to argue that she should be treated as the Democratic nominee now, rather than wait for the May 24 primary, since she didn’t draw a primary opponent. U.S. Rep. Nikema Williams, the chair of the state Democratic Party, staked that position in a tweet late Friday.
Abrams registered the One Georgia leadership committee Wednesday with the state ethics commission. In an email, commission attorney Robert Lane said state attorneys were working to see whether an affidavit from Williams was “legally sufficient” to declare Abrams the nominee.
David Emadi, executive secretary of the ethics commission, said: “The commission does not determine whether someone is or is not a party’s nominee for office.
“We are currently awaiting guidance from the secretary of state and Department of Law regarding whether someone may be considered the nominee before any actual votes are cast or elections certified, and what, if any, effect that would have on that particular election.”
An Abrams lawyer said in a statement there should be no question that she’s the party’s standard-bearer.
“As the Democratic nominee, she must be allowed to compete on an equal footing with the incumbent governor without fear that the commission will punish her for accessing the same fundraising rights the incumbent has used to his benefit since last summer,” the attorney said.
The leadership committee law gives Kemp a decided fundraising advantage. There are limits on how much a candidate can raise from an individual or business interest. There are none for leadership committees, so they can collect huge checks from donors. The committees can coordinate with candidate reelection campaigns as well.
As of Jan. 31, Kemp’s leadership committee had taken in at least $2.3 million since it was formed in June. That is on top of the $12 million the governor has reported having in his campaign account.
Abrams, who was a fundraising powerhouse when she ran for governor in 2018, would surely rival Kemp’s haul. In her most recent disclosure, Abrams reported amassing $9.2 million in December and January. Access to unlimited donations gives her a new tool to court her nationwide network of donors.
Legislative changes?
In the opening months of the campaign, Abrams and former U.S. Sen. David Perdue, who is challenging Kemp in the Republican primary, have struck a rare alliance criticizing the leadership committee system. Both have framed it as an unfair law designed to help Kemp, and Perdue challenged it in court.
A federal judge ruled in Perdue’s favor, issuing a decision in February that said the fund can’t be used to help the governor win his primary. However, the judge’s ruling held that Kemp’s fund can continue to receive unlimited donations if the money isn’t spent directly on the governor’s primary campaign.
Some lawmakers are seeking to change the fundraising rules. State Sen. Greg Dolezal, R-alpharetta, proposed legislation that would have banned the leadership committees from raising money during legislative sessions. The Senate leadership didn’t bring the bill up for a vote last week ahead of a key deadline. Georgia legislators and statewide elected officials have been banned for more than three decades from raising money during legislative sessions, when they vote on measures and decide how to spend billions of dollars in state funding.
Leadership committees, on the other hand, are allowed to raise money during the session. Kemp’s raised about $355,000 during the first month of the 2022 session. Reports on how much his and other leadership committees have raised since then won’t be available until later this year.
“This is an attempt to put a guardrail up so there is not even an appearance” of money influencing what happens during the session, Dolezal said.