The Georgia Government Transparency and Campaign Finance Commission (GGTCFC) is set to consider a significant advisory opinion on June 26, 2023, that could have substantial implications for the Libertarian Party of Georgia. The proposed opinion, numbered 2023-02, was issued in response to a request from Bryan Sells, a lawyer representing the Libertarian Party of Georgia.
The proposed opinion addresses two key questions related to campaign finance rules. Firstly, it clarifies whether a candidate nominated by the Libertarian Party is entitled to accept contributions for a primary election, even if they do not appear on a primary election ballot. Secondly, it examines whether contribution limits apply when the Libertarian Party makes contributions to its party ticket or a group of named candidates.
Currently, the major political parties in Georgia, namely the Republicans and Democrats, are allowed to accept contributions for both primary and general elections, and they are not bound by contribution limits when they make contributions or expenditures for a group of named candidates or a party ticket. This is because these parties typically meet the criteria for being a “political party” as defined by Georgia law, which includes polling at least 20 percent of the total vote in the state for Governor or in the nation for President in the preceding election.
The Libertarian Party of Georgia, however, is considered a “political body” rather than a “political party” under Georgia law, due to its lower vote totals. This status has limited its ability to accept contributions and make expenditures in the same way as the major parties. Unlike the major parties, the Libertarian Party of Georgia is not permitted to nominate candidates by primary election due to their status as a “political body”. Instead, they nominate candidates at an annual convention, with the most recent one held last month in Perry, GA.
The proposed advisory opinion could significantly enhance the Libertarian Party’s campaign finance capabilities. If adopted, it would allow Libertarian candidates who appear on the general election ballot to accept contributions for both the primary and general elections, even if they do not participate in the primary election. It would also exempt the Libertarian Party from contribution limits when it makes contributions in support of its party ticket or a group of named candidates.
This proposed opinion is a significant development in Georgia’s campaign finance landscape. It could provide the Libertarian Party with more financial flexibility and could potentially influence their campaign strategies. The Commission’s decision on June 26 will be closely watched by the Libertarian Party, its candidates, and voters across Georgia.
