The state Democratic Party is challenging the constitutionality of a law the General Assembly’s Republican majority passed in 2021 that gave Gov. Brian Kemp a huge initial leg up financially when he ran for reelection.
The leadership committee law allowed Kemp and a few House and Senate leaders to skirt campaign contribution limits and raise unlimited funds, including during legislative sessions — something rank-and-file lawmakers and other candidates aren’t allowed to do.
Once Democrats had a nominee for governor — in 2022 it was Stacey Abrams again — they could use the law, but Kemp got a head start because as the incumbent he was allowed to immediately create the fundraising committee.
Combined, Kemp and Abrams raised about $100 million through the unlimited contribution funds. And, under the law, Kemp is allowed to continue raising money through his fund to spend on his political agenda while losing candidates can’t.
The federal lawsuit was filed on behalf of the party by former state Sen. Jen Jordan, the Democratic nominee for attorney general in 2022 and a longtime critic of the committees. Jordan said the party filed the lawsuit after Kemp said he’d use his committee to spend money to defeat Democratic lawmakers and legislative candidates in this year’s elections.
Those candidates cannot have leadership committees under the law and must adhere to campaign contribution limits.
“He is using his powers to put his fingers on the scale,” Jordan said in an interview with The Atlanta Journal-Constitution. “It’s patently unfair and ridiculous .... and unconstitutional.”
Kemp officials working for his leadership committee said they had not yet seen the lawsuit and declined to comment.
The lawsuit says the leadership committee system “monetizes political cronyism to the benefit of the political allies of the incumbent governor, lieutenant governor, and the leadership of the House and Senate Caucuses, and to the detriment of essentially everyone else: political challengers; anyone who dares to voice an opinion of opposition; anyone who becomes a political enemy of the very few who can raise unlimited campaign dollars; and, of course, the voting public.”
Kevin Olasanoye, executive director of the Georgia Democratic Party, said, “It is wrong, it’s against everything that we think is right about our politics, and that is why we filed the complaint.”
Kemp, who can’t legally run for a third term, may not be done with politics when he leaves office — he could run for the U.S. Senate in 2026. Lt. Gov. Burt Jones, who also is allowed to raise unlimited funds through a leadership committee, is expected to run for governor in 2026.
Credit: TNS
Credit: TNS
Since Kemp won reelection, his committee has continued raising millions — mostly from businesses with interests in legislation and state funding — and it has been spending money selling his political agenda.
For instance, one big donor in the most recent disclosure by Kemp’s committee in January was Altamaha Investment Holdings, a Macon-based care home company that gave $200,000. Other nursing home companies and owners gave at least $42,500 during the period.
Kemp proposed an increase of more than $200 million in payments to skilled nursing centers in his budget plans. Nursing home companies are traditionally among the biggest contributors to top state candidates.
The committee received $50,000 from the major health insurance company Elevance, formerly known as Anthem, one of the providers offered to the 600,000-plus Georgia teachers, state employees, retirees and dependents covered by the massive State Health Benefit Program. Elevance had previously contributed $85,000 to the fund.
Kemp’s committee also received big contributions from road builders — the governor pushed $1.5 billion in new spending on roads — horse racing supporters, hospital companies and other medical providers.
Abrams and former U.S. Sen. David Perdue, a challenger to Kemp backed by former President Donald Trump in the GOP primary, both sued over the committees in early 2022, saying they gave the incumbent an unfair edge. Neither could become eligible to set up a committee before winning their party’s primary, while Kemp was able to start raising funds with his committee months earlier.
But neither of those lawsuits challenged the constitutionality of a law that allows only a certain group of leaders to raise unlimited funds without restrictions placed on most state officials and lawmakers.
Under state law, candidates for statewide office — such as the governor, lieutenant governor and attorney general — are able to raise $8,400 from individual donors for both the primary and general elections and $4,800 for a primary runoff. So a candidate for governor, for instance, who ends up in a runoff, wins it and is nominated for the general election could collect up to $21,600 from an individual, business or political fund. But leadership committees have no such limits.
Candidates for local office or the General Assembly can raise $3,300 for a primary and a general election and $1,800 in a runoff from single donors. By contrast, Kemp’s leadership committee can raise $100,000 or more from single donors and put the money into helping or defeating candidates with whom he disagrees.
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