2021 Georgia Code
Title 21 - Elections
Chapter 5 - Ethics in Government
- Ethics and Efficiency in Government Act, T. 28, C. 11.
Codes of ethics and conflicts of interest relating to public officers and employees, T. 45, C. 10.Editor's notes.
- Ga. L. 1986, p. 957, § 1 repealed the former chapter, the "Campaign and Financial Disclosure Act", and enacted the present chapter. The former chapter consisted of §§ 21-5-1 through21-5-5,21-5-5.1,21-5-6 through21-5-10,21-5-10.1,21-5-11,21-5-11.1, and21-5-12 through21-5-14 and was based on Ga. L. 1974, p. 155, §§ 1 through 10; Ga. L. 1975, p. 1120, §§ 1 through 3, 3A, 4, 5 through 7, 7A, 9, 10, 12, 12A; Ga. L. 1976, p. 1423, §§ 1 through 5; Ga. L. 1977, p. 1302, §§ 1 through 10, 12 through 19; Ga. L. 1979, p. 602, §§ 1 through 6; Ga. L. 1980, p. 724, §§ 1 through 3; Ga. L. 1981, p. 851, § 1; Ga. L. 1982, p. 3, § 21; Ga. L. 1984, p. 133, § 1; Ga. L. 1984, p. 764, §§ 1 to 7; Ga. L. 1984, p. 1100, § 1; Ga. L. 1985, p. 206, § 1; and Ga. L. 1986, p. 855, § 8.
Ga. L. 1992, p. 1075, § 1, effective April 6, 1992, not codified by the General Assembly, provides that that Act is entitled "The Public Officials Conduct and Lobbyist Disclosure Act of 1992."Administrative Rules and Regulations.
- Organization, practice and procedure, and other provisions, Official Compilation of the Rules and Regulations of the State of Georgia, State Ethics Commission, Chapter 189-1 et seq.Law reviews.
- For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For annual survey of local government law, see 40 Mercer L. Rev. 303 (1988). For article, "Georgia's New Ethics Laws: A Summary of the Changes Relevant to Lobbyists and Legislators," see 11 Ga. St. B. J. 22 (No. 4, 2005). For article, "Georgia's New Ethics Laws: A Summary of the Changes Relevant to Candidates, Campaigns and Contributors," see 11 Ga. St. B. J. 16 (No. 6, 2006). For note on 1990 amendment of Code sections within this chapter, see 7 Ga. St. U. L. Rev. 279 (1990).
OPINIONS OF THE ATTORNEY GENERAL
- In light of the similarity of the statutory provisions, decisions under the former chapter and Code Section 21-5-10 are included in the annotations for this chapter.
Basic purpose of the former chapter was to provide the electorate with information about fiscal contributions made to, and expenditures made by, those who seek public office; to be of reasonable value, and to avoid confusion both in the mind of the general public and in the administrative supervision and enforcement of this chapter, uniformity of reporting, both as to substance and procedure, was highly desirable, if not a practical necessity. 1976 Op. Att'y Gen. No. 76-22 (decided under former chapter).Chapter superseded in entirety.
- Ga. L. 1986, p. 957, which by its terms struck O.C.G.A. T. 21, Ch. 5 in its entirety and replaced it with a new O.C.G.A. T. 21, Ch. 5, is intended as a complete substitute for the former chapter and superseded it in its entirety on March 1, 1987. 1986 Op. Att'y Gen. No. 86-50.Enforcement of former law.
- The State Ethics Commission may enforce all filing requirements of the law in effect until March 1, 1987, which are continued in effect under the provisions of Ga. L. 1986, p. 957. 1986 Op. Att'y Gen. No. 86-50.
Actions brought to enforce the provisions of the law in effect until March 1, 1987, which are continued in force and effect under the new law may proceed under the new law. 1986 Op. Att'y Gen. No. 86-50.Applicability of advisory opinions.
- To the extent that the provisions of this chapter in effect until March 1, 1987, are continued under Ga. L. 1986, p. 957, the opinions of the Attorney General interpreting the provisions will continue to be applicable until and unless they are modified by subsequent opinion, judicial decision, or other change in law, and although the opinions issued by the State Campaign and Financial Disclosure Commission are not binding on the new State Ethics Commission, the advisory opinions of the State Campaign and Financial Disclosure Commission will be persuasive authority as to the provisions of law which continue under the new law. 1986 Op. Att'y Gen. No. 86-50.
Expenditures made independently of a candidate, including expenditures in favor of or opposing a candidate, are not subject to the dollar limitations and reporting and registration requirements of O.C.G.A. T. 21, C. 5. 1995 Op. Att'y Gen. No. 95-26.Special treatment of public officials by municipal utilities.
- Special treatment of public employees and officials by a municipally owned and operated public utility system may need to be disclosed under O.C.G.A. T. 21, C. 5. 2000 Op. Att'y Gen. No. 2000-4.
- Constitutionality of corrupt practices acts, 69 A.L.R. 377.