2020 Georgia Code
Title 21 - Elections
Chapter 5 - Ethics in Government
Article 1 - General Provisions
§ 21-5-7. Initiation of Complaints
The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall produce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy of the complaint by the commission within two business days of the commission's receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
(Code 1981, §21-5-7, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 6; Ga. L. 2000, p. 1619, § 6; Ga. L. 2005, p. 859, § 6/HB 48.)
Editor's notes.- Ga. L. 2005, p. 859, § 28/HB 48, not codified by the General Assembly, provides that the Act shall not apply to any violation occurring prior to January 9, 2006.
Law reviews.- For article on 2005 amendment of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions decided under the former chapter are included in the annotations for this Code section.
Unconstitutional to conduct hearing without allowing accused to participate.
- Due process is violated where the commission subpoenas witnesses, holds public hearings at which witnesses are interrogated, and ultimately issues a report, but all the while refusing to allow a request by the alleged violator to participate in the public hearings by cross examining witnesses, making objections, and presenting evidence. Caldwell v. Bateman, 252 Ga. 144, 312 S.E.2d 320 (1984) (decided under former chapter).
