Federal court rules a fundraising advantage for Burt Jones is likely illegal

A federal appeals court on Friday ruled a Georgia law that lets powerful incumbents raise unlimited campaign cash is likely unconstitutional, dealing a serious blow to what has been a significant fundraising advantage for a select few candidates.

The law, passed in 2021 and aimed at boosting Republican Gov. Brian Kemp’s reelection campaign, allows some candidates — including the governor and lieutenant governor — to form leadership committees that are not subject to the campaign contribution limits imposed on their rivals.

That has allowed Lt. Gov. Burt Jones to raise more than $2.1 million since announcing his campaign for governor last summer. His WBJ Leadership Committee received a single donation of more than $500,000 from an antitax group. Meanwhile, donors to his campaign rivals were limited to contributions of $8,400 for the primary and general election and $4,800 for runoff.

Republican Rick Jackson, Jones’ main rival and a billionaire who has spent nearly $100 million of his own money to self-fund his campaign, challenged the law in court. In February a federal judge ordered Jones’ committee to stop raising and spending money to support his campaign, saying the committee likely gave Jones an illegal advantage.

On Friday the 11th U.S. Circuit Court of Appeals affirmed the lower court decision.

“The First Amendment does not forgive such favoritism,” U.S. Circuit Judge Britt Grant wrote for the majority.

The appeals court’s decision will have little immediate impact, as it comes just four days before the runoff election that will determine whether Jackson or Jones becomes the Republican nominee. The ruling affirmed a preliminary injunction, and the litigation will continue.

But the ruling aligns with a string of previous decisions casting doubt on the law, signaling to future candidates they might not be able to rely on it.

“The days of Burt Jones playing by his own set of rules to benefit himself are coming to an end,” said Mike Schrimpf, a spokesperson for Jackson’s campaign. “Burt Jones’ campaign lost today, and he will suffer an even bigger loss Tuesday.”

Kayla Lott, a spokesperson for Jones’ campaign, compared Jackson to Stacey Abrams, a former Democratic nominee for governor who also sued to challenge the law back in 2022. Lott referenced a donation Jackson’s company, Jackson Healthcare, made to Abrams in 2013 back when she was in the state Legislature. Lott said Jackson “is using lawfare to try and tip the scales he can’t win at the ballot box.”

Leadership committees come with an array of advantages for incumbents, including allowing them to raise money when the state Legislature is in session — something state lawmakers and statewide officeholders cannot do.

Only the governor, lieutenant governor, the Democratic and Republican nominees for those offices and legislative leaders of both parties can create leadership committees. That gives them a powerful advantage over other candidates.