Lawsuit could bypass Georgia campaign contribution limits

If successful, Raffensperger’s lawsuit could allow other candidates to skirt contribution limits, essentially doing away with such limits for state races.

“It would level the playing field,” said attorney Bryan Tyson, who specializes in election law but is not involved in Raffensperger’s lawsuit. “Essentially, any candidate that wanted to could have access to the benefits of a leadership committee.”

Georgia has long regulated campaign fundraising and spending with an eye toward limiting political corruption.

It caps contributions to candidates and prohibits legislators and other state officials from raising money during the legislative session. Though independent political committees can raise and spend unlimited sums to back candidates, they can’t coordinate their spending with candidates.

But five years ago, the General Assembly created a new kind of political committee not subject to such limits. Leadership committees can raise unlimited cash, raise money during the legislative session and coordinate with candidates.

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 an advantage when they run for office.

Raffensperger, for example, can accept contributions of up to $8,400 for each primary and general election while running for governor. Jones has accepted contributions of up to $250,000 through his leadership committee.

Critics say that’s an unfair and illegal advantage.

In 2022, Republican David Perdue and Democrat Stacey Abrams won court orders prohibiting Gov. Brian Kemp’s leadership committee from raising and spending money on his reelection campaign until he won the Republican nomination. Last year Attorney General Chris Carr, another gubernatorial candidate, filed an unsuccessful lawsuit that sought to prevent Jones from raising unlimited cash through his leadership committee.

Raffensperger’s lawsuit in U.S. District Court in Atlanta takes a different approach. He seeks to prevent the state from enforcing laws that limit the money raised by Safe Affordable Georgia, a political committee he founded. Raffensperger wants his committee to be able to spend unlimited amounts to support his candidacy and to coordinate with his campaign — just like Jones’ committee can do for him.

In court briefs, attorneys for the state argue Georgia’s current campaign finance system is perfectly legal. They say Raffensperger’s request would remake Georgia campaign finance law and increase the risk of corruption in state politics.

Raffensperger’s attorneys argue the General Assembly determined that corruption is not a problem when it gave leadership committees the ability to skirt traditional campaign finance limits. They note that 12 states have no limits on direct contributions to gubernatorial candidates.

If Raffensperger is successful, it would clear the way for more litigation that would free other candidates to raise unlimited campaign cash through political committees, Tyson said.

U.S. District Court Judge Eleanor Ross will hear arguments in the case at a hearing this afternoon.