Ethics Update
SHAUN ADAMS, ESQ
A S S O C I AT E L E G I S L AT I V E D I R E C T O R
ACCG
ETHICS@ACCG.ORG
404-522-5022
Overview
 Legislative Update
 On the Horizon
 Who & What of Local Filing
 Roles and Responsibilities
 Filing Schedule
 Resources
 Review of Filing Process
 Discussion
 Final CCDR & Termination
 Transmission Procedures
 Non-filing Procedures
 FAQ
Legislative Update
 House Bill 310
 Aligns the state and local
elections calendar w/ the
court ordered election
calendar
 Added Mar. 31st CCDR
reporting deadline for
election years
 Reduced period to call for
special election in
conjunction w/ primary or
general from 90-60 days for
2014
 Senate Bill 297
 Clarified DOI to be filed
locally and transmitted by
eFax to Commission w/in 10
days
 Allows those not up for
reelection to file the
Exemption Affidavit
 Clarifies that the Exemption
Affidavit can be filed at any
time
 Clarifies Exemption Affidavit
is good for candidate’s
election cycle
Who and What of Local Filing
Who Files Locally
 Every elected county official;
school board member; and
municipal official
 County officials will file with
the county elections
superintendent
 City officials will file with the
municipal clerk

May file w/ county elections
office if contracted to do so
 Not Soil & Water
Conservation candidates
What is Filed Locally
 DOI
 Exemption Affidavit
 CCDR
 PFD
 Final CCDR and Termination
 Affidavit of Incumbent Not
Seeking Reelection
*If filed by a local official…
Filing Schedule
 Election Year:

Jan. 31st, March 31st, June 30th, Sept. 30th, Oct. 25th, Dec. 31st
 Non-election Year:

Jan. 31st and June 30th
 Six days before any run-off in which candidate is on the ballot
 Special Election: Election year schedule AND 15 days before
primary or election and 6 days prior to primary or election
run-off
 PFD filing schedule has not changed


Must be filed b/w Jan. 1st and July 1st for the preceding calendar year
In an election year, report is due no later than 15 days after candidate’s
qualifying
*See Flow Chart for Additional Filing Schedules
Initial Forms
 Qualifying
 DOI to be filed locally and eFax to Ethics w/in 10 days
 RC Form: technically filed w/ Ethics but local filing officer needs a
copy
Recommendation to either take the form and eFax a copy to Ethics; or
 Make a copy and have the candidate mail original to Ethics


Exemption Affidavit: candidate may file if intending to raise or
spend < $2500 per election cycle.
Candidate’s not up for re-election can now file
 May be filed at any time
 Election Cycle runs from day after last election until the date of next
election

Reduced Reporting Exemption Schedule
 No opposition: If receives <$100, shall file only the 1st
and last report as stated in OCGA 21-5-34.
 With signed Exemption Affidavit

Exemption threshold is based on contributions or expenditures
within an election cycle:
<$2500: no additional reports due
 $2500-5000: June 30th and Oct. 25th reports due
 >$5000: Full reporting schedule
 Election year: Jan. 31st, March 31st, June 30th, Sept. 30th, Oct. 25th,
Dec. 31st
 Non-election year: Jan. 31st and June 30th

Questions Regarding Exemption Affidavit
 What if a candidate exceeds the threshold later in the
election cycle, do they have to go back and file past
reports?
 Does the candidate have to amend the Affidavit if he/she
exceeds the threshold?
 How will we know if the candidate was supposed to file
due to exceeding the threshold?
CCDR
 Must be filed by the candidate, their committee
chairperson or treasurer
 Cannot be filed earlier than the due date

5 day grace period is business days
 Must be filed either by:
 In person delivery
 Certified mail return receipt requested
 Statutory overnight delivery
 Or local eFiling system if available
Final CCDR & Termination Statement
 All outstanding debts must be satisfied and the campaign
account balance must be zero before completion
 Cannot be completed until end of term for an incumbent
not seeking reelection
 Unsuccessful candidates must file within 10 days of
dissolution of the campaign or committee which includes
satisfying outstanding debts and zeroing out the
campaign account

Unsuccessful candidates are to file CCDRs based on the reporting
schedule for the remainder of the election cycle and thereafter,
upon having excess funds, shall file a supplemental CCDR by 12/31
of each year until such dissolution has taken place
Personal Financial Disclosure Statements
 Are subject to the same filing processes as the CCDR
 However, all candidates are required to file a PFD regardless of
whether they raised or spent any money during their election cycle.
 Filing Schedule:
 Election year: must be filed no later than 15 straight days of
candidate’s qualifying
 Non-election year: must be filed b/w Jan. 1st - July 1st
I Have the Reports, Now What?
 Transmit via eFax to the Ethics Commission w/in 30 days
of the filing deadline

Important: A candidate for office shall not be fined for failure of the
local filing officer to timely transmit a copy of the report to the
Ethics Commission
 eFax Number: 1-866-914-7974
 Copy and maintain a file for 5 years
 Make available to the public for viewing and copying
Notice of Late Fee
 For each report that is filed late, a late fee of $125 shall
be imposed by the person or entity with which filing is
required (i.e., elections superintendent/ municipal clerk)
 Notice shall be sent to candidate and candidate’s
committee in the same manner in which the penalized
report was filed:


For local filing, the notices will be sent certified mail, return receipt
requested due to the inability of candidates to file electronically.
Notices shall include the schedule for increasing late fees and the
dates upon which the late fees shall increase.
*Local filing officer is responsible for notices, fine
collection, and enforcement
Fine Schedule
 Fine Schedule:
 Initial fine of $125 if report is
not filed by due date
 Additional $250 on the 15th
day after due date
 Additional $1000 on the 45th
day after the due date
 Where does the money go?
 Stays local
 What about outstanding
fines with the Commission?

Remains under purview of
the Commission
 Evidence of filing: the
mailing of reports by US
mail w/ adequate postage
affixed w/in required filing
time as determined by the
official US postage date
cancellation shall be primafacie evidence of filing.
 Shall not require reporting
of more information than
expressly required by law.
Frequently Asked Questions
 Who will provide the forms?
 Do we have to verify that the reports are true and correct, or just




that they are complete?
Are there any enforcement mechanisms in place for those that
do not pay their fines? Will the Commission help?
What happens to candidates who file a DOI but do not qualify?
How much can we help candidates with questions?
How is an election cycle determined?
On The Horizon
 Ethics Clean up Language in 2015





Increased enforcement provisions
Clean up definitions and coordinate language throughout
Clarify remaining ambiguities
Ensure all locally filed forms are amended in law to be filed locally
Identify roles in education and implementation
 Promulgation of Rules by the Commission


Update existing Rules and Regulations
Establish new Rules and Regulations
 Establish Best Practices Throughout the State


Model letters, forms, etc…
Reference manual
Half of Knowledge is…
 Ethics Commission



Inquiries regarding postings on their site
All inquiries prior to 2014
Questions regarding intent of information being requested on disclosure
forms
 Political Parties

Should be providing candidates w/ necessary information on filing, etc…
 GEOA Facilitators



Inquiries regarding process; clarity on specific instances
Experts on day to day operations
Listserv access
 If all else fails…

Email me at ethics@accg.org
Resources
 Helpful Links:




www.accg.org/ethics
www.sos.georgia.gov
www.ethics.ga.gov
Ethics Commission Rules
 Important Dates:







Jan. 1st: Effective date of
HB 143
Jan. 21st: Effective date of
HB 310
Jan. 31st: Effective date of
SB 297
May 20th: Primary
July 22nd: Primary Run-off
Nov. 4th: General Election
Jan. 6, 2015: Run-off
Questions?
Contact Information
Shaun Adams, Esq.
Associate Legislative Director
ethics@accg.org
404-589-7824