ATLANTA (AP) — A federal judge has temporarily denied Georgia Secretary of State Brad Raffensperger the ability to increase his campaign spending power in the upcoming gubernatorial race, affirming existing campaign finance regulations that some Republicans deem inequitable. Raffensperger's independent political action committee, Safe Affordable Georgia, initiated a federal lawsuit in December requesting authorization to collect unlimited funds for his election campaign.
Currently, Lieutenant Governor Burt Jones, a fellow Republican primary contender, has capitalized on a 2021 state law enabling leadership committees like his to generate unlimited fundraising for electoral purposes. Attorneys representing Safe Affordable Georgia contended that the current campaign finance laws violate Raffensperger's First Amendment rights by imposing disparate regulations compared to his opponent, prompting them to seek exemptions from these financial limits during the active campaign.
U.S. District Judge Eleanor L. Ross ruled on Tuesday that the arguments put forth by Safe Affordable Georgia did not satisfy the legal criteria required for her to issue a favorable ruling. Despite this, she indicated a strong belief that the law providing preferential treatment to Jones's leadership committee might be unconstitutional. Raffensperger's legal team has decided to appeal this ruling in pursuit of a more favorable outcome.
The 2021 legislation permits leadership committees to fundraise continually throughout the year for various electoral activities. These committees are expected to be chaired by individuals holding prominent roles, such as the governor, lieutenant governor, or legislative leaders, thereby granting incumbents a significant advantage in election campaigns.
In a statement made through Safe Affordable Georgia, the committee asserted, "Hardworking Georgians deserve elections where the rules are the same for everyone, no matter what title or office you hold. That’s what the Constitution requires, and that’s why we’ll keep fighting in court to do what’s in the best interest of Georgia voters."
David Dove, representing the state, argued in court that allowing Raffensperger to bypass campaign finance laws designed to curb corruption could lead to an influx of similar legal petitions, potentially undermining Georgia's capacity to manage campaign finance regulations. He noted that such a precedent could lead to a proliferation of committees, raising concerns about the oversight of political funding.
In contrast, Charles Miller, a lawyer for Safe Affordable Georgia, posited that the lawmakers who enacted the provisions did not express concerns about corruption when they permitted prominent state officials to amass unrestricted funds for their leadership committees. Therefore, he argued that there should be no apprehension regarding corruption in other types of committees.
Notably, Raffensperger gained national attention in January 2021 when he famously rebuffed a request from former President Donald Trump to "find" votes that would overturn Democrat Joe Biden’s victory in Georgia during the 2020 presidential election. In legal filings, Safe Affordable Georgia highlighted that Jones's leadership committee had received $100,000 from four sources along with approximately 60 donations exceeding $10,000. In contrast, candidate committees have a cap of $8,400 from individual donors.
Additionally, Chris Carr, Georgia’s Attorney General and another Republican candidate for governor, referenced a related federal court ruling in a separate lawsuit aimed at prohibiting Jones from utilizing his leadership committee for fundraising. However, Carr's suit was dismissed in August, with the judge suggesting that he should have contested the law's constitutionality instead. Supporters of Carr have established an independent committee that is not allowed to coordinate with Carr's campaign.
Furthermore, a December ruling from the Georgia Ethics Commission concluded that Jones is permitted to loan as much as $10 million to his leadership committee. Carr has expressed concerns that this arrangement might bypass campaign finance limitations. Recently, Jones revealed in official documents that he had loaned a total of $10 million to the WBJ Leadership Committee shortly after announcing his gubernatorial candidacy on July 8.
