Secretary of State Brad Raffensperger is challenging Georgia election laws he says give his Republican rival an advantage as they campaign for governor.
A 2021 law allows a “leadership committee” chaired by Lt. Gov. Burt Jones to raise unlimited campaign cash on his behalf. But a more traditional political committee founded by Raffensperger cannot spend money on his behalf or coordinate its expenditures with his campaign.
Raffensperger’s committee filed a federal lawsuit Monday seeking to lift those limits, arguing the law gives Jones an illegal and unfair advantage. Rather than curbing Jones’ ability to raise unlimited cash, the complaint says the state should “level up” and give every candidate the same ability to raise and spend money.
“Equal access to speech isn’t political or complicated — it’s a foundational American principle that must be upheld,” Raffensperger said in a statement. “This filing simply asks the court to ensure fairness so that our committee has the same ability to communicate with voters as others already do.”
“This is yet another pathetic legal challenge from candidates who can’t win a primary,” said Kayla Lott, a spokesperson for Jones.
The lawsuit is the latest to challenge a relatively new campaign finance system that has reshaped Georgia politics.
Georgia law limits campaign contributions to candidates for public office. Currently, individual contributions to candidate committees are capped at $8,400 for primary and general elections and $4,800 for runoffs. Legislators and candidates for statewide office also cannot raise money during the legislative session.
Georgia law also limits the amounts that traditional political action committees can contribute to candidates. And while independent committees can spend unlimited cash to influence elections, they cannot coordinate with candidates’ campaigns.
In 2021, the General Assembly created a third type of political body called a “leadership committee.” Such committees can raise unlimited cash, coordinate with candidates and raise money during the legislative session.
Under Georgia law, only the governor, lieutenant governor, the Republican and Democratic nominees for those offices and leaders in the state House and Senate can create leadership committees.
Such committees provide a powerful advantage to politicians who control them.
An Atlanta Journal-Constitution analysis found Gov. Brian Kemp’s ability to raise unlimited campaign cash through his leadership committee helped him pass a bill that imposed significant restrictions on lawsuits earlier this year. Kemp threatened to tap that deep well of money to fund primary opponents to run against Republicans who didn’t support his plan.
Jones’ leadership committee raised $14.3 million as he kicked off his campaign for governor last summer.
Several lawsuits have challenged the leadership committee law, saying it creates an unequal playing field among candidates. In 2022, lawsuits by Republican David Perdue and Democrat Stacey Abrams prevented Gov. Brian Kemp’s leadership committee from raising and spending money on his candidacy until he formally won the Republican nomination during his reelection campaign.
Other lawsuits have been unsuccessful. In August, a federal judge rejected a lawsuit by Republican Attorney General Chris Carr, which sought to prevent Jones from using his committee to support his campaign without directly challenging the leadership committee law.
Raffensperger’s lawsuit takes a different approach. Rather than challenging the leadership committee law, it seeks to eliminate the existing limits that prevent his Safe Affordable Georgia political committee from supporting his campaign.
“Georgia’s law allows one candidate to raise and spend unlimited funds, while his opponents face strict contribution limits,” said Charles “Chip” Miller, an attorney with the Institute for Free Speech, who is representing Raffensperger. “This isn’t just unfair — it’s unconstitutional.”
“Burt Jones has rigged the system to benefit himself,” said Carr campaign Manager Neil Bitting. “That is not just unethical and wrong, it is unconstitutional.”
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