Holly Smith Georgia Government Transparency & Campaign Finance Commission Director of Education, Filing, & Compliance 404-463-7740 hsmith@ethics.ga.gov # of County Officials: 159 # of Municipal Officials: about 540 # of People Who Try to Reach Me In a Day: Priceless ☺
Who is the Filing Officer? • Any person who supervises and/or qualifies local officials for election to county and/or municipal offices. (Reference Ga. Comp. R. & Regs. R. 189-2-.01(14)) – County Election Superintendent – City Clerks – Chief Executive Officer • In municipalities where there is no city clerk or assistant city clerk, the responsibility falls to the CEO of the municipality which in all cases is the MAYOR . Most mayors WILL NOT want this task. It is imperative that someone or some agreement is in place to handle the filing responsibilities at the municipal level. GAVREO Conference December 2019
Filing Officer Responsibilities • Collect signed and submitted • E-File (preferred method) or eFax reports from county and municipal copies of forms and reports to the level candidates. Commission. • Retain the original copies of filing – Check documents for completion. – Date stamp documents in the order documents and make them received. Make sure the date stamp is available for public review and legible. copying. – Retain original envelopes for disclosure – The retention schedule of the reports. Commission is five years so it would be a best practice to follow suit. ( reference Ga. Comp. R. & Regs. R. 189-1-.08) *This is changing and will provide that GAVREO Conference December 2019
Filing Officer Responsibilities • MAY officer assistance to • MAY point out to candidates candidates filing paperwork but missing or incomplete information with some limitations. ( reference on documentation – clerical in Ga. Comp. R. & Regs. R.189-3-.08) nature. • MAY provide candidates with • MAY point out to candidates that prescribed forms from the records kept by a candidate or Commission’s website located here: campaign committee shall be https://ethics.ga.gov/formsreportsp preserved for three years from the ublications/. termination date of the campaign. ( reference O.C.G.A. § 21-5-32(b)) • MAY issue courtesy email reminders to candidates when filing deadlines are approaching. GAVREO Conference December 2019
What a Filing Officer Cannot Do? • CANNOT complete the • CANNOT give advice or opinions documentation for the on how to fill out candidate. documentation. • CANNOT give legal advice. • CANNOT let candidates and/or public officials use personal work • CANNOT be biased in assisting equipment to fill out candidates. What you do for one documentation. candidate you must do for ALL candidates and elected officials regardless of political affiliation. GAVREO Conference December 2019
Who is the Qualifying Officer? • In most cases, the local filing officer and qualifying officer are the SAME PERSON . – Local Filing Officers handle the filing responsibilities of the Act and Qualifying Officers handle the qualifying responsibilities of the Act. • It is the person who qualifies a candidate for an election per O.C.G.A. § 21-5-3(23). – County Election Superintendent – City Clerk GAVREO Conference December 2019
Qualifying Officer Responsibilities • • Qualifying Officers are required to submit BOTH of these requirements are satisfied to the Commission all of the names, by submitting the information through the addresses, and qualifying dates of Qualifying Officers Electronic Reporting candidates that qualified for every election System – QOERS . within ten business days after the close of the qualification period. (reference O.C.G.A. § 21-5-36(a)(2)) • Qualifying Officers are required to submit to the Commission the outcomes (whether they won or lost) of the candidates that qualified for every election within ten business days of the election QOERS Home screen being certified. (reference Ga. Comp. R. & Regs. R. 189-7-.02) GAVREO Conference December 2019
Forms Filed at the Local Level • Form DOI – Declaration of Intent to Accept Campaign Contributions • PFDS – Personal Financial Disclosure Statement • CCDR – Campaign Contribution Disclosure Report – Final Report & Termination Statement • Affidavit of Exemption – Affidavit of Exemption not to Exceed $2,500.00 in contributions and/or expenditures • TBDR – Two Business Day Report GAVREO Conference December 2019
Form DOI – Declaration on Intent to Accept Campaign Contributions *MUST BE FILED PRIOR TO ACCEPTING CAMPAIGN CONTRIBUTIONS AND SPENDING MONEY ON A CAMPAIGN* • A Form DOI must be filed for each new office a candidate is running for. • A Form DOI must be filed if there is a break in office and the candidate or public official terminated their account and runs for the same office or a different office. • Ex. Candidate ran for Tax Commissioner in 2016 and wants to run for County Commissioner, District #3 in 2020. Will he/she have to fill out a new Form DOI? • Ex. Candidate ran for Mayor in 2013. Candidate won the mayoral race but left office for personal issues in 2017 and terminated his account. Candidate is running for Mayor again in 2019. Will he/she have to fill out a new Form DOI? GAVREO Conference December 2019
Declaration of Intention • There is NO grace period for filing a Form DOI. • DOES NOT have to be filed when a candidate qualifies. Can be filed anytime BEFORE the election date. • Filing the Form DOI triggers the reporting requirements for campaign contribution disclosure reports. – Once this document is filed, the candidate and/or public official is subject to the filing schedule and reporting requirements for CCDR’s . GAVREO Conference December 2019
Declaration of Intention • There is no expiration date for filing a Form DOI. – Form DOI is valid until the candidate and/or public official disposes of campaign funds and terminates the account. ( reference O.C.G.A. § § 21-5-33, 21-5-34(m)) • Candidates can campaign before they file the form DOI and/or qualify for office. They just CANNOT accept contributions or spend money towards their campaign until the Form DOI is filed with your office. GAVREO Conference December 2019
PFDS – Personal Financial Disclosure Statement • Document filed by a public official yearly between January 1 st and July 1 st in which the filer discloses information about financial activity for the preceding calendar year. • During an ELECTION YEAR: • An incumbent qualifying for office shall file a PFDS within 15 days after qualifying or before the July 1 st deadline. • A non-incumbent at the local level, WILL NOT file a PFDS until they have assumed office. • When legislation was drafted in 2014, the law writers mistakenly made an omission in the wording that eliminated brand new candidates at the local level from having to file the PFDS. We are working on having the legislation corrected. • There is no grace period for the PFDS and it is filed EVERY YEAR . • Reference O.C.G.A. § 21-5-50(a)(1) & (3.1) GAVREO Conference December 2019
Affidavit of Exemption • Candidates and public officials who do not intend to accept a combined total of more than $2,500.00 in campaign contributions and/or expenditures (including any personal loans by the candidates to the campaign) can file an affidavit of exemption and be exempt from filing campaign contribution disclosure reports unless they cross the threshold of $2,500.00. GAVREO Conference December 2019
Affidavit of Exemption • The Affidavit of Exemption DOES NOT apply to the Personal Financial Disclosure Statement. Candidates and public officials are still required to file a PFDS and are not exempt from filing that document. • The Affidavit of Exemption can be filed before the candidate qualifies for office, when they fill out their DOI or when the candidate qualifies for office. • The Affidavit of Exemption is valid for ONE COMPLETE ELECTION CYCLE. – An election cycle is the period of time starting with the day after the election through the date of the next election. ( reference O.C.G.A. § 21-5-3(10) GAVREO Conference December 2019
Affidavit of Exemption • Candidates and public officials who exceed $2,500.00 threshold but NOT $5,000.00 in contributions and/or expenditures SHALL file: – June 30 th and December 31 st campaign contribution disclosure reports in their election year. • Candidates and public officials who exceed $5,000.00 in contributions and/or expenditures are required to file ALL reports as prescribed in the Act. GAVREO Conference December 2019
Campaign Contribution Disclosure Reports • Report filed by candidates, public • There is a five day grace period for officials, and/or campaign all CCDR filings EXCEPT for runoff committees that discloses all elections as the grace period is only contributions received and two days for those required reports. expenditures made during a ( reference O.C.G.A. § 21-5-34(c)(4) reporting period. – Reporting period means the period of time beginning the day AFTER the last due date, excluding any grace period, through the due date of the next report. ( reference O.C.G.A. § 21-5- 3(24)) GAVREO Conference December 2019
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