Georgia's Democratic Party has made a bold move against Georgia's current political fundraising rules. They have filed a lawsuit challenging a law allowing unlimited campaign contributions by certain individuals. The lawsuit, aimed at Republican Governor Brian Kemp, was filed in federal court in Atlanta last Thursday. The Democrats seek to have the 2021 law declared unconstitutional. They argue that the law unfairly allows those in power to raise unlimited funds while imposing restrictions on others, according to FOX 5 Atlanta.
Seeking a preliminary injunction to halt fundraising and spending under this law, the legal challenge comes at a crucial time with the upcoming legislative races this fall. Kemp has announced intentions for his leadership committee to raise and dispense $1.5 million, bolstering some Republican legislative incumbents and aiming to unseat Democratic counterparts. Conversely, current rules allow legislative candidates to solicit a maximum of $3,300 for primary and general elections and $1,800 for subsequent runoffs. The disparity presented by the leadership committees, which have no such fundraising restrictions makes for an uneven political playing field, according to former state senator Jen Jordan, who spoke with AP News.
In the grander scheme of things, leadership committees are not only capable of raising funds without a ceiling but can also coordinate directly with a candidate's campaign. They enjoy the further advantage of being able to collect money even while the state legislature is in session, a luxury not extended to traditional candidate committees, according to FOX 5 Atlanta. The law allows top state politicians and party caucuses the right to form such powerful committees. The Democratic argument hinges on the notion that this law violates their First Amendment rights concerning free speech and association, as well as their 14th Amendment rights to equal treatment.
Jen Jordan remarked, "It adds steroids to the advantages of incumbency," suggesting that the law is specifically knitted to service Republicans currently in office. In a suit for the Democratic Party, Jordan further asserts, "You can’t have a system or a scheme set up where really you have one set of candidates that are able to circumvent the system in terms of any restrictions on contributions and giving and also expenditures, said Jordan, a lawyer handling the suit for the Democratic Party." Governor Kemp's office, through spokesperson Cody Hall, has not commented on the ongoing lawsuit as lawyers are reportedly still reviewing the case. Kemp's track record with such leadership committees boasts a significant financial clout, having amassed $8.7 million since 2022 and channeled $1 million to a federal political action committee, revealed by AP News.
Historically, this isn't the first hurdle faced by the controversial law. It has previously been challenged by political figures, including Stacey Abrams and former U.S. Sen. David Perdue, both failing to definitively overturn it. The new lawsuit sets itself apart by focusing on broader constitutional grounds—challenging the inherent divide it creates among competing political candidates, as per the argument stated by Jen Jordan and covered by AP News.
