Libertarian, Green parties challenge Georgia campaign law

Numerous judges have said a Georgia political fundraising tool likely gives an illegal advantage to some politicians by allowing them to raise unlimited cash while limiting contributions to other candidates.

But despite a series of preliminary rulings that the state’s “leadership committee” law is likely unconstitutional, it’s still in effect — and still benefiting a handful of Georgia’s biggest political names.

On Wednesday, the Libertarian and Green parties became the latest groups to challenge the legality of that campaign system. They argued their case before the 11th U.S. Circuit Court of Appeals at a hearing in Jacksonville, Florida.

But it’s not clear if they will succeed — even though the 11th Circuit itself recently concluded that Georgia’s law is likely unconstitutional.

The persistence of leadership committees despite court rulings saying they are likely illegal underscores the murky legal and political issues that have arisen since Georgia lawmakers created the committees five years ago.

Georgia law caps contributions to political candidates to limit corruption or even the appearance of corruption. Candidates for statewide office can accept up to $8,400 from individual donors for both the primary and general elections, plus an additional $4,800 for runoff elections.

But leadership committees can raise unlimited funds. Under state law, only the governor, lieutenant governor, the Republican and Democratic nominees for those offices and a handful of legislative leaders can have leadership committees.

That gives those officials and candidates a powerful advantage. Campaign records show the two major party nominees for governor, Democrat Keisha Lance Bottoms and Republican Rick Jackson, have accepted six-figure donations that would be illegal for other candidates.

Leadership committees have come under scrutiny for years. In 2022, Democrat Stacey Abrams and Republican David Perdue won court orders prohibiting Gov. Brian Kemp’s leadership committee from raising and spending money on his campaign until he won the Republican nomination for governor that year.

Earlier this year, Jackson won a similar order, barring Lt. Gov. Burt Jones from using his committee to support his campaign for governor. That case wound up before the 11th Circuit, and in June the appeals court became the latest to conclude Georgia’s leadership committee law is likely unconstitutional.

But the plaintiffs in each case dropped their lawsuits before judges could reach final conclusions on the legality of leadership committees. Jackson dropped his lawsuit just last week — his campaign spokesperson said Jackson is “not looking backwards,” focusing instead of defeating Bottoms.

Records show Jackson’s leadership committee raised about $12 million in the weeks after he won the Republican nomination. Bottoms raised about $3.4 million after securing the Democratic nod.

On Wednesday, Bryan Sells, an attorney for the Libertarian and Green parties, told the 11th Circuit that leadership committees create an unequal playing field for candidates running for the same office.

As written, Sells argued the law allows only Democratic and Republican candidates for governor to have leadership committees. He said that creates an unfair advantage that discourages other candidates from seeking the office. Chase Oliver, the Libertarian Party candidate for governor, suspended his campaign earlier this year.