Democrat says she is nominee, making her eligible to use ‘leadership committee’

When does a nominee become a nominee?

That’s the question Democratic gubernatorial candidate Stacey Abrams is asking a federal court to answer.

Abrams maintains that, because no other Democrat qualified to run against her earlier this month, she is now the party’s nominee and should be able to take advantage of a state law that has already allowed Republican Gov. Brian Kemp to raise millions of campaign dollars.

She is asking the court to require state officials to let her use a “leadership committee,” a fundraising mechanism the Republican-led General Assembly created last year to allow the governor, the opposing party’s gubernatorial nominee and party caucuses to raise as much campaign cash as they can without limits on donors, even during legislative sessions.

Leadership committees give incumbents a distinct advantage, since their challengers can’t use the funds until they win their party’s nomination.

Kemp formed his committee in June, and, through Jan. 31, he had used it to raise more than $2.3 million.

Abrams says it’s now time she should be able to run a leadership committee.

She says she is the Democratic nominee — there’s no reason to wait for the May 24 primary — and U.S. Rep. Nikema Williams of Atlanta, in her role as the state party’s chairwoman, agrees. Williams filed an affidavit declaring Abrams the party’s standard-bearer.

Abrams’ lawsuit states that her campaign has already created a leadership committee that began raising money shortly after she qualified to run for governor earlier this month.

The campaign filed the leadership committee paperwork with the state ethics commission, the agency responsible for policing campaign finance laws.

But the commission cannot “determine whether someone is or is not a party’s nominee for office,” said its executive secretary, David Emadi.

“Whether a candidate has been elected as a party’s nominee prior to any votes being cast or elections certified is a decision to be made by the secretary of state in consultation with the Department of Law,” Emadi said, “and we are awaiting guidance from them on that matter.”

This is not the leadership committee law’s first tour of the court system.

A federal judge last month sided with former U.S. Sen. David Perdue, Kemp’s challenger in the GOP primary, ruling that the governor’s fund cannot be used to help him win the Republican-on-Republican contest. The judge did rule, however, that Kemp’s fund can continue to collect unlimited donations if he doesn’t spend the money directly on his primary campaign.

Kemp will likely need to collect every dollar he can.

Abrams was a fundraising powerhouse when she ran for governor in 2018, and she apparently still has the golden touch. In her most recent disclosure, Abrams reported pulling in $9.2 million in December and January. Kemp, by comparison, collected $7.4 million over the final six months of 2021.

State Senate Appropriations Chairman Blake Tillery, R-Vidalia, highlighted a piece of his panel's budget proposal that would award incentives to improve the outcomes of state programs. He singled out a $28 million plan to improve third-grade reading levels in schools. 
“We have heard for years that we can look at third-grade reading rates and project how many prisons we will need,” Tillery said, calling that a “sobering” thought. (Alyssa Pointer / Alyssa.Pointer@ajc.com)

Credit: Alyssa Pointer/AJC

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Credit: Alyssa Pointer/AJC

Budget proposal moves forward with raises for lawmakers, teachers

Work continued this past week on the state budget for the next fiscal year, and it still features raises for lawmakers and teachers.

State lawmakers would receive $5,000 raises in the spending plan that state Senate budget writers produced. Legislators haven’t gotten an increase on their $17,000 part-time salary in more than a decade.

A $2,000 increase for teachers is of particular importance to Gov. Brian Kemp because that would fulfill a promise he made during the 2018 campaign to up their pay by $5,000 over the course of his first term. He got them $3,000 in 2019.

Correction officers in private prisons would also be in line for raises, even though they do not work for the state, because the $30 billion spending plan would send money to their employers to fund the increases.

The budget for fiscal 2023, which begins July 1, also calls for a market study to examine what the government needs to do to attract and retain employees. Some agencies have annual turnover rates over 25%, in part because of low pay. In the state Department of Juvenile Justice, it’s closer to 90%.

The plan seeks big money for priority areas such as mental health care, crime fighting, schools and public health care.

Senate Appropriations Chairman Blake TIllery, R-Vidalia, highlighted a proposal to add incentives to improve the outcomes of state programs. He singled out a $28 million plan to improve third-grade reading levels in schools.

“We have heard for years that we can look at third-grade reading rates and project how many prisons we will need,” Tillery said, calling that a “sobering” thought.

The Senate and House will have to agree on a budget by the end of the session by April 4. It’s the one thing legislators are legally required to accomplish.

A bill has gone nowhere that would have allowed Rivian to avoid car dealers to sell its its electric vehicles directly to customers. The prospects for such legislation apparently helped Georgia attract Rivian's proposed $5 billion plant in competition with North Carolina. (Hyosub Shin / Hyosub.Shin@ajc.com)

Credit: HYOSUB SHIN / AJC

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Credit: HYOSUB SHIN / AJC

Bill to aid Rivian still has its parking brake on

When Rivian announced that it planned to build a $5 billion electric-vehicle plant east of Atlanta, it was clear the company was also hoping the General Assembly would pass legislation letting it sell directly to customers.

That’s not likely to happen this year.

Senate Bill 398 — sponsored by state Sen. Ben Watson, R-Savannah, and co-sponsored by state Sen. Burt Jones, R-Jackson — would have allowed Rivian to bypass the state’s car dealers.

But the measure has been stuck in neutral ever since it was introduced. It never even got a committee hearing, and neither chamber of the General Assembly gave it even a glance on Crossover Day.

It was never going to be easy, although Tesla succeeded in 2015 in getting lawmakers to support its wishes to avoid going through local dealers to sell its cars.

The Georgia Automobile Dealers Association is among the most politically powerful groups in the state. It doesn’t hurt that a car dealer is also among the highest-ranking members in the Legislature, state Senate President Pro Tem Butch Miller of Gainesville (Miller is also running against Jones in the GOP primary for lieutenant governor).

Gov. Brian Kemp’s office said he tried to get talks started about the legislation. But, since SB 398 never got any traction, his office says Kemp “was never in a position to take a position” on it.

The prospects of such a measure apparently helped swing Rivian to Georgia and away from a competitor. The North Carolina-based Triangle Business Journal reported that Rivian had considered building in the Tar Heel State, but documents show the automaker eventually went another direction because of that state’s own prohibition on direct-to-consumer car sales.

“North Carolina has a law that prohibits automobile manufacturers — except for Tesla — from selling directly to customers or servicing vehicles,” the news outlet reported. “Rivian expected the bill to pass (allowing it to also sell directly to consumers), but it never materialized.”

While no bill will be truly dead until the legislative session ends April 4, the likelihood that Rivian will be able to sell directly to Georgians has also yet to materialize.

For now, Rivian will have to settle for the other incentives the state dangled before it, including $125 million to cover land and training costs.

Walker faces some heat over refusal to debate fellow Republicans

Republican U.S. Senate candidate Herschel Walker has faced criticism for refusing to debate his opponents in the GOP primary.

A debate would likely be a risk more than a benefit for Walker, who holds large leads over his fellow Republicans in polling, fundraising and name recognition — plus an endorsement from former President Donald Trump. He has indicated he’s only interested in debating one candidate, Democratic U.S. Sen. Raphael Warnock.

But now the criticism is more formal.

The Rabun County GOP passed a no-confidence resolution against Walker, not only for refusing to debate but also declining to take questions from the media and voters.

The resolution does not specifically name Walker, but its gridiron jargon makes it pretty obvious the statement was aimed at the former University of Georgia football star.

“No coach would send an untested football player into the state championship who refused to practice, has no record of performance in debates,” the resolution states.

Further, it condemns anyone who would “disrespect the Republican primary process by refusing to debate” and encourages the GOP to prepare a “battle-tested candidate, fully vetted and ready to reclaim” the Senate seat in November.

Perdue’s name vanishing from opponents’ ads and speeches

Name recognition would have been considered a strength for former U.S. Sen. David Perdue’s when he launched his challenge against Gov. Brian Kemp in the GOP primary.

Now, though, he’s having a hard time getting anybody to say his name.

Kemp, with hefty leads over Perdue in polls and fundraising, avoided mentioning the former senator at a recent appearance. Instead, he aimed barbs at Democrat Stacey Abrams. Perdue’s name also didn’t come up when Abrams launched a campaign tour earlier this month.

The latest snub came from a big Kemp ally, the Republican Governors Association.

The group this past week purchased $350,000 worth of airtime for a TV ad that makes no mention of the former senator.

It’s as if the November contest is already set, Kemp and Abrams facing off in a rematch of 2018.

The governor’s allies, however, say they aren’t overlooking Perdue ahead of the May 24 primary.

After all, while Kemp has the Republican Governors Association in his corner, Perdue has the backing of Donald Trump. The former president recently stepped up that support, holding a fundraiser for the ex-senator at his Mar-a-Lago resort earlier this month and then setting a rally in Commerce to promote the campaigns of Perdue and other Georgia candidates he has endorsed.

U.S. Rep. Sanford Bishop, D-Albany, said he will not keep a donation from Koch Industries because the company has not broken its business ties with Russia following the invasion of Ukraine. Bishop will send the $2,500 to a charity providing assistance to Ukrainians. (Chip Somodevilla/Getty Images/TNS)

Credit: TNS

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Credit: TNS

Bishop won’t keep Koch donation because of its business ties to Russia

U.S. Rep. Sanford Bishop, D-Albany, announced that he will redirect campaign contributions he received from Koch Industries, which is under fire for not halting its operations in Russia.

Bishop was part of a group of more than two dozen lawmakers who shared in $110,000 in donations from Koch ahead of Russia’s invasion of Ukraine, according to CNBC.

Since the invasion, numerous U.S. companies have withdrawn or paused their operations in Russia, but Koch has stayed, continuing to run two glass manufacturing facilities there.

Following CNBC’s report, Bishop’s campaign told the network that he will not accept contributions from Koch as long as it continues to operate in Russia. He also will donate the $2,500 he received from Koch to a charity providing aid to Ukrainians.

Georgia Republican Party Chairman David Shafer revealed the nonbinding questions the party will include on its primary ballot, a good indication of what issues it will pursue during this year's campaigns. Nathan Posner for the Atlanta-Journal-Constitution

Credit: Nathan Posner

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Credit: Nathan Posner

On primary ballot, Republicans indicate which issues they’ll campaign on

Republicans have offered some indication of the issues they plan to campaign on this year in Georgia through policy questions on their primary ballot.

Georgia Republican Chairman David Shafer revealed the questions this week.

Some familiar topics can be found among the nonbinding questions, including immigration, school vouchers and transgender athletes.

One question asks voters whether there’s a need to strengthen penalties for “ballot tampering,” pursuing the case former President Donald Trump and his followers have tried to make despite the absence of evidence of widespread voting fraud in Georgia during the 2020 election.

Pressing further on the issue, even though three recounts have confirmed Georgia’s election results, another question asks whether to ban absentee ballot drop boxes. State Senate President Pro Tem Butch Miller, R-Gainesville, has already made such a proposal, and it could still find itself part of pending election legislation.

The last question, which begins by invoking “dramatically” rising crime rates, asks whether Buckhead residents should be able to vote to “create their own city governments and police departments.”

Candidates, endorsements, etc.:

— Former U.S. House Speaker Newt Gingrich is backing ex-U.S. Sen. David Perdue in his challenge to unseat Gov. Brian Kemp in the GOP primary.

— U.S. Sen. Josh Hawley of Missouri is supporting Herschel Walker’s campaign for the GOP nomination to the U.S. Senate.

— Former President Donald Trump has endorsed John Gordon in his challenge against Georgia Attorney General Chris Carr in the GOP primary.

— Patrick Witt, who had been running in the 10th Congressional District, picked up the support of former President Donald Trump in his campaign to unseat state Insurance Commissioner John King in the GOP primary.

— Rich McCormick, a candidate in the 6th Congressional District, has gained the backing of U.S. Rep. Pat Fallon, R-Texas.

— U.S. Rep. Carolyn Bourdeaux, seeking reelection in the 7th Congressional District, received an endorsement from Vote Mama, a political committee that supports Democratic mothers running for office.

Elsewhere online

Other stories about Georgia government and politics can be found at www.ajc.com/politics/.