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Ethics Update

Ethics Update. Shaun Adams, ESq Associate Legislative director Accg ethics@accg.org 404-522-5022. Overview. Legislative Update Who & What of Local Filing Filing Schedule Review of Filing Process Final CCDR & Termination Transmission Procedures Non-filing Procedures FAQ.

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Ethics Update

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  1. Ethics Update Shaun Adams, ESq Associate Legislative director Accg ethics@accg.org 404-522-5022

  2. Overview Legislative Update Who & What of Local Filing Filing Schedule Review of Filing Process Final CCDR & Termination Transmission Procedures Non-filing Procedures FAQ On the Horizon Roles and Responsibilities Resources Discussion

  3. Legislative Update • House Bill 310 • Aligns the state and local elections calendar w/ the court ordered election calendar • Added Mar. 31st CCDR reporting deadline for election years • Reduced period to call for special election in conjunction w/ primary or general from 90-60 days for 2014 • Senate Bill 297 • Clarified DOI to be filed locally and transmitted by eFax to Commission w/in 10 days • Allows those not up for reelection to file the Exemption Affidavit • Clarifies that the Exemption Affidavit can be filed at any time • Clarifies Exemption Affidavit is good for candidate’s election cycle

  4. Who and What of Local Filing Who Files Locally • Every elected county official; school board member; and municipal official • County officials will file with the county elections superintendent • City officials will file with the municipal clerk • May file w/ county elections office if contracted to do so • Not Soil & Water Conservation candidates What is Filed Locally DOI Exemption Affidavit CCDR PFD Final CCDR and Termination Affidavit of Incumbent Not Seeking Reelection *If filed by a local official…

  5. Filing Schedule • Election Year: • Jan. 31st, March 31st, June 30th, Sept. 30th, Oct. 25th, Dec. 31st • Non-election Year: • Jan. 31st and June 30th • Six days before any run-off in which candidate is on the ballot • Special Election: Election year schedule AND 15 days before primary or election and 6 days prior to primary or election run-off • PFD filing schedule has not changed • Must be filed b/w Jan. 1st and July 1st for the preceding calendar year • In an election year, report is due no later than 15 days after candidate’s qualifying *See Flow Chart for Additional Filing Schedules

  6. Initial Forms • Qualifying • DOI to be filed locally and eFax to Ethics w/in 10 days • RC Form: technically filed w/ Ethics but local filing officer needs a copy • Recommendation to either take the form and eFax a copy to Ethics; or • Make a copy and have the candidate mail original to Ethics • Exemption Affidavit: candidate may file if intending to raise or spend < $2500 per election cycle. • Candidate’s not up for re-election can now file • May be filed at any time • Election Cycle runs from day after last election until the date of next election

  7. Reduced Reporting Exemption Schedule • No opposition: If receives <$100, shall file only the 1st and last report as stated in OCGA 21-5-34. • With signed Exemption Affidavit • Exemption threshold is based on contributions or expenditures within an election cycle: • <$2500: no additional reports due • $2500-5000: June 30th and Oct. 25th reports due • >$5000: Full reporting schedule • Election year: Jan. 31st, March 31st, June 30th, Sept. 30th, Oct. 25th, Dec. 31st • Non-election year: Jan. 31st and June 30th

  8. Questions Regarding Exemption Affidavit What if a candidate exceeds the threshold later in the election cycle, do they have to go back and file past reports? Does the candidate have to amend the Affidavit if he/she exceeds the threshold? How will we know if the candidate was supposed to file due to exceeding the threshold?

  9. CCDR • Must be filed by the candidate, their committee chairperson or treasurer • Cannot be filed earlier than the due date • 5 day grace period is business days • Must be filed either by: • In person delivery • Certified mail return receipt requested • Statutory overnight delivery • Or local eFiling system if available

  10. Final CCDR & Termination Statement • All outstanding debts must be satisfied and the campaign account balance must be zero before completion • Cannot be completed until end of term for an incumbent not seeking reelection • Unsuccessful candidates must file within 10 days of dissolution of the campaign or committee which includes satisfying outstanding debts and zeroing out the campaign account • Unsuccessful candidates are to file CCDRs based on the reporting schedule for the remainder of the election cycle and thereafter, upon having excess funds, shall file a supplemental CCDR by 12/31 of each year until such dissolution has taken place

  11. Personal Financial Disclosure Statements • Are subject to the same filing processes as the CCDR • However, all candidates are required to file a PFD regardless of whether they raised or spent any money during their election cycle. • Filing Schedule: • Election year: must be filed no later than 15 straight days of candidate’s qualifying • Non-election year: must be filed b/w Jan. 1st - July 1st

  12. I Have the Reports, Now What? • Transmit via eFax to the Ethics Commission w/in 30 days of the filing deadline • Important: A candidate for office shall not be fined for failure of the local filing officer to timely transmit a copy of the report to the Ethics Commission • eFax Number:1-866-914-7974 • Copy and maintain a file for 5 years • Make available to the public for viewing and copying

  13. Notice of Late Fee • For each report that is filed late, a late fee of $125 shall be imposed by the person or entity with which filing is required (i.e., elections superintendent/ municipal clerk) • Notice shall be sent to candidate and candidate’s committee in the same manner in which the penalized report was filed: • For local filing, the notices will be sent certified mail, return receipt requested due to the inability of candidates to file electronically. • Notices shall include the schedule for increasing late fees and the dates upon which the late fees shall increase. *Local filing officer is responsible for notices, fine collection, and enforcement

  14. Fine Schedule • Fine Schedule: • Initial fine of $125 if report is not filed by due date • Additional $250 on the 15th day after due date • Additional $1000 on the 45th day after the due date • Where does the money go? • Stays local • What about outstanding fines with the Commission? • Remains under purview of the Commission Evidence of filing: the mailing of reports by US mail w/ adequate postage affixed w/in required filing time as determined by the official US postage date cancellation shall be prima-facie evidence of filing. Shall not require reporting of more information than expressly required by law.

  15. Frequently Asked Questions Who will provide the forms? Do we have to verify that the reports are true and correct, or just that they are complete? Are there any enforcement mechanisms in place for those that do not pay their fines? Will the Commission help? What happens to candidates who file a DOI but do not qualify? How much can we help candidates with questions? How is an election cycle determined?

  16. On The Horizon • Ethics Clean up Language in 2015 • Increased enforcement provisions • Clean up definitions and coordinate language throughout • Clarify remaining ambiguities • Ensure all locally filed forms are amended in law to be filed locally • Identify roles in education and implementation • Promulgation of Rules by the Commission • Update existing Rules and Regulations • Establish new Rules and Regulations • Establish Best Practices Throughout the State • Model letters, forms, etc… • Reference manual

  17. Half of Knowledge is… • Ethics Commission • Inquiries regarding postings on their site • All inquiries prior to 2014 • Questions regarding intent of information being requested on disclosure forms • Political Parties • Should be providing candidates w/ necessary information on filing, etc… • GEOA Facilitators • Inquiries regarding process; clarity on specific instances • Experts on day to day operations • Listserv access • If all else fails… • Email me at ethics@accg.org

  18. Resources • Helpful Links: • www.accg.org/ethics • www.sos.georgia.gov • www.ethics.ga.gov • Ethics Commission Rules • Important Dates: • Jan. 1st: Effective date of HB 143 • Jan. 21st: Effective date of HB 310 • Jan. 31st: Effective date of SB 297 • May 20th: Primary • July 22nd: Primary Run-off • Nov. 4th: General Election • Jan. 6, 2015: Run-off

  19. Questions? Contact Information Shaun Adams, Esq. Associate Legislative Director ethics@accg.org 404-589-7824

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