CITY OF ATLANTA OFFICE OF MUNICIPAL CLERK ELECTION GUIDELINES - Atlanta, GA
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CITY OF ATLANTA
ELECTION INFORMATION
OFFICE OF MUNICIPAL CLERK
Part 1 of 3
ELECTION GUIDELINES
Foris Webb, III
Municipal Clerk/Election Superintendent
Office of Municipal Clerk
Atlanta City Hall
55 Trinity Avenue, S.W. Suite 2700
Atlanta, Georgia 30303
404-330-6500
atlantaelections@atlantaga.gov
CITY OF ATLANTA
OFFICE OF MUNICIPAL CLERK
55 TRINITY AVENUE, S.W.
SUITE 2700
FORIS WEBB III ATLANTA, GEORGIA 30303
MUNICIPAL CLERK / ELECTION SUPERINTENDENT Main (404) 330‐6032
Fax (404) 494‐1751
Email municipalclerk@atlantaga.gov
Potential Candidates:
As the City of Atlanta Municipal Clerk/Election Superintendent, it is my goal to provide you with as much pertinent
information as possible regarding the City of Atlanta’s General Municipal Election.
The 2021 City of Atlanta Municipal General Election will be held on Tuesday, November 2, 2021 at all
the regular precincts and polling places within the City of Atlanta.
The polls will be open from 7:00 a.m. until 8:00 p.m.
At that time, registered voters within the City of Atlanta who have registered by October 4, 2021, will vote to
fill the Offices of Mayor (1), City Council President (1), City Council Members (15), Board of
Education Members (9); and to retain Municipal Court Judges (10).
A Municipal General Run-off Election will be held on November 30, 2021, if the race for any seat results
in no single candidate receiving at least 50% plus one (1) vote. Should a Run-off be necessary, the two candidates
receiving the largest number of votes for an office will compete. The polls will be open from 7:00 a.m. until 8:00
p.m. at the regular precincts city-wide if, a Run-off Election is required to fill the seat of Mayor, Council President,
At-Large Council Member(s) or Board of Education Member(s); and/or at the precinct(s) within each Council or
Board of Education voting district of the City, that requires a Run-off Election.
Although the actual process of qualifying to become a candidate is simple enough, the entirety of matters related
to the election and your candidacy is multi-jurisdictional and may be a bit overwhelming. This brochure provides
comprehensive information for anyone seeking office and is compiled into a one-stop shop for the following office:
City of Atlanta Mayor
City of Atlanta Council President
City of Atlanta Districts and At-Large Council Members
City of Atlanta Board of Education Districts and At-Large Members
The entire staff of the Office of Municipal Clerk is dedicated to providing all interested persons with answers to
frequently asked questions that arise during the campaign period. If you have any questions regarding the City of
Atlanta General Municipal Election process, please feel free to visit the office in person at 55 Trinity Avenue, Suite
2700, email us at municipalclerk@atlantaga.gov or call our Election Hotline at (404) 330-6500.
Sincerely,
Foris Webb III
Municipal Clerk/Election Superintendent
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Table of Contents
Part 1 General Election Information
Definitions ...................................................................................................................................... 4
Election Information ...................................................................................................................4
Date of Next Municipal General Election ..................................................................................... 6
Poll Operating Hours ..................................................................................................................... 7
Office(s) and Number of Seats to be Filled ................................................................................... 7
Composite District Table ............................................................................................................... 8
Election, Terms, Composition & Qualifications ................................................................... 9
Mayor.............................................................................................................................................. 9
Council President ......................................................................................................................... 10
Council Member ............................................................................................................................ 11
Board of Education Member ........................................................................................................13
Steps to Consider When Exploring Candidacy ................................................................... 15
Qualify to Place Name on the Ballot ...................................................................................... 17
Additional Information ............................................................................................................. 19
Part 2 Campaign Fund Disclosure Guidelines
Use of Campaign Funds ............................................................................................................. 24
Disposition of Contributions ................................................................................................... 24
Anonymous Contributions ....................................................................................................... 26
Millionaires Clause ..................................................................................................................... 27
Contributions by Public Agencies ..........................................................................................28
Prohibited Contributions ......................................................................................................... 30
Maximum Allowable Contribution Limits ............................................................................31
Win, Lose or Withdraw ............................................................................................................. 32
Campaign Contribution Disclosure Report Late Fees...................................................... 33
Record Keeping ........................................................................................................................... 34
Candidate Forms & Disclosures.............................................................................................. 35
Part 3 How to Guide Campaign & Financial Disclosure Filings: Getting
Started
Campaign Contribution Disclosure Filing System ............................................................ 39
Candidate Campaign & Financial Disclosure Application .............................................. 40
Account Manager Campaign & Financial Disclosure Application ................................ 41
Quick Start Guide ........................................................................................................................ 42
Election Contacts ........................................................................................................................ 46
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Definitions
Candidate: An individual who seeks nomination for election or election to any public
office, whether or not such an individual is elected; and a person shall be deemed to seek
nomination or election if such person has taken necessary action under the laws of this
state to qualify such person for nomination for election or election or has received any
contributions or made any expenditures in pursuit of such nomination or election or has
given such person's consent for such person's campaign committee to receive
contributions or make expenditures with a view to bringing about such person's
nomination for election or election to such office. O.C.G.A. 21-5-3(4)
Contribution: A gift, subscription, membership, loan, forgiveness of debt, advance or
deposit of money or anything of value conveyed or transferred for the purpose of
influencing the nomination for election or election of any person for office, bringing about
the recall of a public officer holding elective office or opposing the recall of a public officer
holding elective office, or the influencing of voter approval or rejection of a proposed
constitutional amendment, a statewide referendum, or a proposed question which is to
appear on the ballot in this state or in a county or a municipal election in this state. The
term specifically shall not include the value of personal services performed by persons
who serve without compensation from any source and on a voluntary basis. The term
"contribution" shall include other forms of payment made to candidates for office or who
hold office when such fees and compensation made can be reasonably construed as a
campaign contribution designed to encourage or influence a candidate or public officer
holding elective office. The term "contribution" shall also encompass transactions
wherein a qualifying fee required of the candidate is furnished or paid by anyone other
than the candidate. O.C.G.A. 21-5-3 (7)
Election Cycle: The period from the day following the date of an election or
appointment of a person to elective public office through and including the date of the
next such election of a person to the same public office and shall be construed and applied
separately for each elective office. O.C.G.A. 21-5-3(10)
Election Year: Shall be construed and applied separately for each elective office and
means for each elective office the calendar year during which a regular or special election
to fill such office is held. O.C.G.A. 21-5-3(11)
Expenditure: A purchase, payment, distribution, loan, advance, deposit, or any transfer
of money or anything of value made for the purpose of influencing the nomination for
election or election of any person, bringing about the recall of a public officer holding
elective office or op posing the recall of a public officer holding elective office, or the
influencing of voter approval or rejection of a proposed constitutional amendment, a
state-wide referendum, or a proposed CFA 11-30-2018 3 question which is to appear on
the ballot in this state or in a county or a municipal election in this state. The term
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specifically shall not include the value of personal services performed by persons who
serve without compensation from any source and on a voluntary basis. The term
"expenditure" shall also include the payment of a qualifying fee for and on behalf of a
candidate. O.C.G.A. 21-5-3 (12)
Nonelection Year: Shall be construed and applied separately for each elective office
and means for each elective office any calendar year during which there is no regular or
special election to fill such office. O.C.G.A. 21-5-3 (17.1)
Pubic Official: Every elected state, county, and municipal official, including every
elected member of a local board of education. O.C.G.A. 21-5-3(22)(F) &(G)
Qualifying Officer: Person who qualifies a candidate for an election. O.C.G.A. 21-5-
3(23)
Reporting Period: The period of time beginning the day after the last report due date,
excluding any grace period, through the due date of the next report. O.C.G.A. 21-5-3(24)
Please note that as the General Assembly meets yearly, the code may change without
notice.
You may view additional information within the Georgia Government Transparency and
Campaign Finance Act (Act) at:
http://ethics.ga.gov/wp-content/uploads/2018/11/2018-Act-CFA.pdf
DISCLAIMER
If you have questions about the current status of the Act please direct all questions to:
Georgia Government Transparency and Campaign Finance Commission
200 Piedmont Avenue SE
Suite 1416 West Tower
Atlanta, Georgia 30334
404-463-1980 (phone)
404-463-1988 (fax)
gaethics@ethics.g.gov (email)
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General Election Information
Date of Next Municipal General Election
November 2, 2021 – O.C.G.A. 21-2-9(c)
(c) All general municipal elections to fill municipal offices shall be held on the
Tuesday next following the first Monday in November in each odd-numbered year.
Public notice of such elections shall be published by the governing authority of the
municipality in a newspaper of general circulation in the municipality at least 30
days prior to the elections. In addition, the municipality shall immediately
transmit a copy of such notice to the Secretary of State.
Municipal general elections in the City of Atlanta are held in odd numbered years and
occur every four (2025, 2029, 2033 …) years.
Please Note:
HB 1075 Signed by the Governor on June 30, 2020
SECTION 1.
An Act to continue the existence of the Atlanta Independent School System under the
management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga.
L. 2003, p. 4154), as amended, particularly by an Act approved May 6, 2013 (Ga. L. 2013,
p. 4341), is amended by revising subsection (g) of Section 2-103 as follows:
"(g)(1) Successors to members of the board whose terms of office are to
expire shall be elected at the time of the general municipal election
immediately preceding the expiration of such terms and shall take office
the first day of January immediately following that election. Members of
the board shall serve for the terms of office specified therefor in this
subsection and until their respective successors are elected and qualified.
(2) Those members of the board who are serving as such on the effective
date of this Act shall continue to serve as such members for the terms of
office to which they were elected. The members elected to Education
Districts 1, 3, 5, 7, and 9 at the general municipal election in 2021 shall each
serve a term of two years ending on December 31, 2023. The members
elected to Education Districts 2, 4, 6, and 8 at the general municipal
election in 2021 shall each serve a term of four years ending on December
31, 2025. Thereafter all members of the board shall each serve a term of
office of four (4)years."
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Poll Operating Hours
7:00 a.m. until 8:00 p.m. O.C.G.A. 21-2-403
At all primaries and elections the polls shall be opened at 7:00 A.M. eastern
standard time or eastern daylight time, whichever is applicable, and shall remain
open continuously until 7:00 P.M. eastern standard time or eastern daylight time,
whichever is applicable, at which time they shall be closed; provided, however,
that, in all cities having a population of 300,000 or more according to the United
States decennial census of 1970 or any future such census, the polls shall remain
open continuously until 8:00 P.M. eastern standard time or eastern daylight time,
whichever is applicable, during the cities general elections, at which time they
shall be closed and provided, further, that, in a special election held to fill a
vacancy in an office in which the district represented by such office lies wholly
within the boundaries of a city, the polls shall close at the same time as for a
municipal general election in such city.
Office(s) and Number of Seats to be Filled
Positions to be Elected by City Wide Voters
Mayor (1)
City Council President (1)
City Council Member Post At Large (3)
Board of Education Member Districts At Large (3)
Positions to be Elected by Specific District Voters
City Council Member Districts (12)
Board of Education Member Districts (6)
7
Revised Draft 2/1/2021 9:58 AMComposite District Table
BOARD OF BOARD OF
COUNCIL COUNCIL POST
EDUCATION EDUCATION AT
DISTRICT AT LARGE
DISTRICT LARGE POST
Council District 1 Post 1 At Large BOE District 1 BOE At Large Post 7
Council District 2 Post 1 At Large BOE District 1 BOE At Large Post 7
Council District 3 Post 1 At Large BOE District 2 BOE At Large Post 7
Council District 4 Post 1 At Large BOE District 2 BOE At Large Post 7
Council District 5 Post 2 At Large BOE District 3 BOE At Large Post 8
Council District 6 Post 2 At Large BOE District 3 BOE At Large Post 8
Council District 7 Post 2 At Large BOE District 4 BOE At Large Post 8
Council District 8 Post 2 At Large BOE District 4 BOE At Large Post 8
Council District 9 Post 3 At Large BOE District 5 BOE At Large Post 9
Council District 10 Post 3 At Large BOE District 5 BOE At Large Post 9
Council District 11 Post 3 At Large BOE District 6 BOE At Large Post 9
Council District 12 Post 3 At Large BOE District 6 BOE At Large Post 9
8
Revised Draft 2/1/2021 9:58 AMElection, Terms, Composition and
Qualifications
As taken from the Charter of the City of Atlanta
Mayor
Section 3-1-1. Election; term; limitation of term
The Mayor shall be elected from the city at-large for a term of four years
commencing on the first Monday in January after each regular municipal
election, and he or she shall serve until his or her successor has taken
office. Any mayor who has been elected for two consecutive four-year
terms under the provisions of this Charter shall not be eligible to be
elected for the succeeding term.
(1996 Ga. L. (Act No. 1019), p. 4469)
Section 3-102. Qualifications.
(a) To qualify for election as mayor, a person:
1. Must be at least 18 years of age;
2. Must be a resident of the city for at least one year immediately
preceding the date of his or her filing of notice of candidacy to
seek office;
3. Must be a qualified elector of the city; and
4. Must not be an employee of the city.
(b) To hold office as mayor, a person:
1. Must continue to possess the qualifications prescribed in
section 3-102(a); and
2. Must not hold any other elective public office or hold any
position of employment with the State of Georgia, any county
thereof, or with the city.
(1996 Ga. L. (Act No. 1019), p. 4469)
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Revised Draft 2/1/2021 9:58 AMElection, Terms, Composition and
Qualifications
As taken from the Charter of the City of Atlanta
City Council President
Section 2-201. Election; term.
The president of the council shall be elected from the city at-large for a term of four years
commencing on the first Monday in January after each regular municipal election as
provided in this Charter and shall serve until his or her successor has taken office.
Section 2-202. Qualifications.
(a) To qualify for election as president of the council, a person:
c.) Must be at least 18 years of age;
c.) Must be a resident of the city for at least one year immediately preceding
the date of his or her filing of notice of candidacy to seek office;
c.) Must be a qualified elector of the city; and
c.) Must not be an employee of the city.
(b) To hold office as president of the council, a person:
c.) Must continue to possess the qualifications in section 2-202(a); and
c.) Must not hold any elective public office.
(1996 Ga. L. (Act No. 1019), p. 4469)
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Revised Draft 2/1/2021 9:58 AMElection, Terms, Composition and
Qualifications
As taken from the Charter of the City of Atlanta
Council Member
Section 2-101. Composition; term of office.
Effective with the regular municipal elections of November, 1997, the qualified electors of
the city shall elect 15 representatives, in accordance with the provisions of this Charter, to
serve as a city council. Twelve representatives shall be elected from 12 individual council
districts apportioned in accordance with the provisions of this Charter. Three
representatives shall be elected at-large and shall represent residency posts as follows:
o Post 1 which shall consist of contiguous Council Districts 1 through 4;
o Post 2 which shall consist of contiguous Council Districts 5 through 8; and
o Post 3 which shall consist of contiguous Council Districts 9 through 12.
At large representatives must be residents of the residency posts from which they are
elected.
(1996 Ga. L. (Act No. 1019), p. 4469)
Section 2-102. Qualifications.
(a) To qualify for election as a councilmember, a person:
1. Must be at least 18 years of age
2. Must be a resident of the city and of the council district from which he
or she seeks to qualify for at least one year immediately preceding the
date of his or her filing of notice of candidacy to seek office;
3. Must be a qualified elector of the city; and
4. Must not be an employee of the city.
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Revised Draft 2/1/2021 9:58 AM(b) To hold office as a councilmember, a person:
1. Must continue to possess the qualifications prescribed in subsection (a)
of this section;
2. Must, if elected from one council district or residency post, continue to
reside in the same council district or post from which elected; and
3. Must not hold any other elective public office.
(c) The one-year residency requirement as provided in subparagraph (a)(2) herein
shall not be applicable to persons seeking election to the council if this Charter
is amended by the General Assembly reapportioning council districts of the
city. Under such circumstances, person seeking election to the council must
have been a resident of the city and the council district from which he or she
seeks to qualify for at least six months.
(d) The council shall be the judge of the qualifications of its members.
(e) Whenever the terms “reside”, “residence”, or “residency” appear in this section,
the same shall be interpreted to mean his or her domicile.
(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2000-14, § 1, 3-15-00)
12
Revised Draft 2/1/2021 9:58 AMElection, Terms, Composition and
Qualifications
As taken from the Charter of the Atlanta Independent School System
(Senate Bill 204, 2003: as amended by House Bill 241, 2013)
Board of Education Member.
The Atlanta Board of Education (hereinafter referred to as the “board)
shall be composed of nine members elected in nonpartisan elections.
Three members shall be elected citywide and six members shall be
elected from districts as provided within this Act. Members of the board
shall hold their respective offices for a term of four years and until their
respective successors are elected and qualified
(1996 Ga. Laws, page 4371, § 2-101)
Please Note:
HB 1075 Signed by the Governor on June 30, 2020
SECTION 1.
An Act to continue the existence of the Atlanta Independent School System under the
management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga.
L. 2003, p. 4154), as amended, particularly by an Act approved May 6, 2013 (Ga. L. 2013,
p. 4341), is amended by revising subsection (g) of Section 2-103 as follows:
"(g)(1) Successors to members of the board whose terms of office are to
expire shall be elected at the time of the general municipal election
immediately preceding the expiration of such terms and shall take office
the first day of January immediately following that election. Members of
the board shall serve for the terms of office specified therefor in this
subsection and until their respective successors are elected and qualified.
(2) Those members of the board who are serving as such on the effective
date of this Act shall continue to serve as such members for the terms of
office to which they were elected. The members elected to Education
Districts 1, 3, 5, 7, and 9 at the general municipal election in 2021 shall each
serve a term of two years ending on December 31, 2023. The members
elected to Education Districts 2, 4, 6, and 8 at the general municipal
election in 2021 shall each serve a term of four years ending on December
31, 2025. Thereafter all members of the board shall each serve a term of
office of four (4) years."
13
Revised Draft 2/1/2021 9:58 AMSect. 4.5-127. Qualifications
(a) To qualify for election as a board member, a person must:
1. Be at least 18 years of age
2. Be a resident of the city and, if seeking to represent a Board
district, be a resident of the board district from which he or she
seeks to qualify and represent for at least one year immediately
preceding the date of filing a notice of candidacy to seek office;
3. Be a qualified elector of the city; and
4. Not be an employee of the state department of education or a
member of the state board of education.
(b) To hold office as a board member, a person must:
1. Continue to possess the qualifications prescribed in subsection
(a) herein;
2. Continue to reside in the board district from which elected;
3. Not hold any other elective public offices; and
4. Not be an employee of the Atlanta Board of Education or any
other local board of education.
(1996 Ga. Laws, page 4371, § 2-102)
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Revised Draft 2/1/2021 9:58 AMSteps to Consider When Exploring Candidacy
and/or Running for Office
1. If you desire initial discussion regarding navigating the process, contact Foris Webb III,
City of Atlanta Municipal Clerk/Election Superintendent, at fwebb@atlantaga.gov or 404
330 6500,
2. Review and familiarize yourself with the State of Georgia Election Code. The Georgia
Secretary of State Election Division Office is a helpful resource.
State of Georgia Secretary of State and select “Elections”- ( http://sos.ga.gov )
Election Law - Official Code of Georgia Annotated Title 21 Chapter 2
(http://www.lexisnexis.com/hottopics/gacode/Default.asp )
3. Visit the Georgia Government Transparency and Campaign Finance Commission’s
(formerly known as the State Ethics Commission) website ( http://ethics.ga.gov ).
Review and familiarize yourself with the Campaign Finance Act
(http://ethics.ga.gov/wp-content/uploads/2018/11/2018-Act-CFA.pdf), and
other related information.
Schedule time for training with the Georgia Government Transparency and
Campaign Finance Commission and review the required filing schedule
4. File a Declaration of Intention to Accept Campaign Contributions (DOI) with the
Municipal Clerk\Election Superintendent by completing, signing, and returning a
Declaration of Intention to Accept Campaign Contributions (Form DOI) to the Office of
Municipal Clerk.
5. Register your campaign committee (if one exists) with the Georgia Government
Transparency and Campaign Finance Commission. (Registration Form for a Campaign
Committee for a Candidate -Form RC)
6. Complete the City of Atlanta Electronic Filing Application for filing the CCDR and PFD
then mail, or hand deliver to Office of Municipal Clerk, 55 Trinity Avenue Suite 2700,
Atlanta, GA 30303 (Forms Packet)
(a.) If considering candidacy for Mayor, City Council President, or City Council
Member, review pertinent City of Atlanta Charter and Code Sections.
(https://www.municode.com/library/ga/atlanta/codes/code_of_ordinances )
(b.) If considering candidacy for Board of Education Member review the following
link.
(http://www.boarddocs.com/ga/aps/Board.nsf/goto?open&id=9BZU3W7A2760 )
15
Revised Draft 2/1/2021 9:58 AMSteps to Consider When Exploring Candidacy
and/or Running for Office
7. Begin campaigning.
(Note – Filing a Personal Financial Disclosure Statement Report (PFDS) 15
days after qualifying is only required by those public officials that are currently
holding an office. New candidates electing to run for office are not required to
file the PFDS per O.C.G.A.§ 21-5-50(a)(3.1)).
Public officer is defined in subparagraphs (F) and (G) of 21-5-3 paragraph 22
of the Campaign Finance Act.
8. Thereafter, file all required disclosure reports with the Municipal Clerk\Election
Superintendent by the required deadlines noted below. As deadlines approach, a courtesy
reminder notification may be sent to you at the personal or campaign e-mail address you
provided upon your submission of your DOI. (Please note the State Commission will not
accept disclosure reports filed prior to the filing dates listed below, unless otherwise
noted)
Non-Election Year Filing Schedule
o June 30th
o December 31st
Election Year Filing Schedule
o January 31st
o April 30th
o June 30th
o September 30th
o October 25th
o December 31st
9. Qualify to place your name on the ballot as a candidate; or certify your write-in
candidacy.
16
Revised Draft 2/1/2021 9:58 AMQualify to Place Name on the Ballot
Persons seeking to place their names on the ballot for election shall qualify to fill the
aforementioned offices
Where: Atlanta City Hall
Office of Municipal Clerk
55 Trinity Avenue SW Suite 2700
Atlanta, GA 30303
When: DAY DATE TIME
Tuesday August 17, 2021 8:30 a.m. until 4:30 p.m.
Wednesday August 18, 2021 8:30 a.m. until 4:30 p.m.
Thursday August 19, 2021 8:30 a.m. until 4:30 p.m.
Friday August 20, 2021 8:30 a.m. until 4:30 p.m.
How: Qualifying steps include:
a.) Filing a Notice of Candidacy and Affidavit with the Municipal
Clerk/Election Superintendent or designated agent.
AND
b.) Paying a set qualifying fee to the Municipal Clerk/Election
Superintendent or designated agent for the desired office as follows:
Office Salary Qualifying Fee
Mayor $184,300.00 $5,529.00
City Council President $62,000.00 $1,860.00
City Council Member $60,300.00 $1,809.00
Board of Education Member $15,170.00 $ 455.10
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Revised Draft 2/1/2021 9:58 AMQualify to Place Name on the Ballot
OR
c.) Qualifying as a Pauper - Filing a Qualifying Petition and a Pauper’s
Affidavit, with the Municipal Clerk/Election Superintendent or
designated agent, affirming under oath the candidate’s poverty or
inability to pay the qualifying fee as required by O.C.G.A. §21-2-132(h).
1. A Qualifying Petition must be signed by 1% (one percent) of the
total number of voters eligible to vote in the last elections for
filing of the office for which the candidate is qualifying.
2. Pauper’s Affidavit
Note: Qualifying as a Pauper does not negate the obligation to file disclosure reports
or to comply fully with the Georgia Campaign Finance Act. O.C.G.A. § §21-5-1, et seq.
OR
Declare Write-In Candidacy
Persons seeking to be a certified Write-In Candidate shall:
a.) File a Notice of Intention of write-in candidacy with the Municipal Clerk/Election
Superintendent or designated agent; and publish such notice in the official gazette
of the municipality (Fulton County Daily Report) no earlier than (TBD) and no
later than 7 days after regular qualifying period ends (TBD).
And
b.) Submit an affidavit stating that the notice has been published including the name
of the newspaper and date of publication not later than the 5th day after the
deadline of filing and publishing such notice (TBD).
Note: Qualifying as a Write-In candidate does not negate the obligation to file disclosure
reports or to comply fully with the Georgia Campaign Finance Act. O.C.G.A. § §21-5-1,
et seq.
18
Revised Draft 2/1/2021 9:58 AMAdditional Information Pertaining to:
City Employee or City Board, Authority, Commission Etc. Member Offering
for Elective Office and Political Activity Participation
As Taken from the City of Atlanta Code of Ordinance
Sec. 114-2. - Standards of conduct prescribed; penalty for violation.
(a) Any employee offering for election to the office of mayor, president of the city council
or member of the city council shall resign from the employee's position with the city,
and such resignation shall be effective as of the date upon which such person files
with the office of the municipal clerk, her/his "Declaration of Intention to Accept
Campaign Contributions" as prescribed by the state ethics commission, or as of the
date upon which such person files with the office of the municipal clerk, her/his
"Notice of Candidacy and Affidavit", and pays the required qualifying fee, or files a
pauper's affidavit in lieu thereof, as prescribed by O.C.G.A. Sec. 21-2-132, or,
If a write-in candidate, the date upon which such person files with the office of the
municipal clerk, her/his "Notice of Intent of Write-In Candidacy", as prescribed by
O.C.G.A. Sec. 21-2-133, whichever first occurs.
(b) If an employee of the city offers for an elective office, other than those indicated in
subsection (a) of this section, and the employee desires a leave of absence or, in the
opinion of the department head, the campaign for the office will conflict with the
employee's duties or work hours, the employee shall take a leave of absence as
provided by section 114-422.
(c) No employee shall offer for an elective office without having first filed a written
notification, with such employee's department head, of the employee's intent to file
as a candidate for elective office. Such notification shall state the office the employee
intends to seek, the governmental jurisdiction of the office, the dates of filing for
candidacy and the date of the election.
(d) Should such employee be elected to an office which the department head determines
interferes with or affects the employee's duties or hours of city employment, a
separation shall be required at a time to be determined by the department head.
(e) No employee, official or person shall knowingly solicit any assessments, contributions
or services for any political party or candidate from any employee of the city.
(f) Nothing in this section shall affect the right of the employee to hold membership or
office in or support a political party and to vote as the employee chooses.
(g) For the purposes of this section only, a public elected official of the city shall not be
considered an employee except for subsection (e) of this section. However, if any
member or officer of a commission, council or board created by the city or appointed
or confirmed by an elected official or officials of the city, and is not then currently
serving as an elected official of the city, or the chair or officer of any neighborhood
planning unit or an elected neighborhood planning unit committee member, offers
19
Revised Draft 2/1/2021 9:58 AMfor election to the office of mayor, president of the city council or member of the city
council, such member, officer or chair shall resign from such position with any such
commission, council or board, or with the neighborhood planning unit. Such
resignation shall be effective as of the date upon which such person files with the
office of the municipal clerk, her/his "Declaration of Intention to Accept Campaign
Contributions" as prescribed by the State Ethics Commission, or as of the date upon
which such person files with the office of the municipal clerk, her/his "Notice of
Candidacy and Affidavit", and pays the required qualifying fee, or files a pauper's
affidavit in lieu thereof, as prescribed by O.C.G.A. Sec. 21-2-132, or, if a write-in
candidate, the date upon which such person files with the office of the municipal
clerk, her/his "Notice of Intent of Write-In Candidacy," as prescribed by O.C.G.A. Sec.
21-2-133, whichever first occurs.
(h) No person shall in any manner prevent or attempt to prevent the impartial execution
of this chapter or policies or rules promulgated under this chapter.
(i) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any
money, service or valuable consideration for any appointment, proposed
appointment, promotion or proposed promotion or any advantage in any position
with the city.
(j) No person shall defeat, deceive or obstruct any person in such person's right of
application, eligibility, certification or appointment under this chapter or furnish to
any person any special or secret information for the purpose of affecting the rights or
prospects of any person with respect to employment in the classified service.
(k) Employees of the city shall be subject to the following rules and regulations
concerning political activity:
(1) No officer or employee shall use official authority or influence for the purpose of
interfering with or affecting the result of any election or the nomination for any
office.
(2) Nothing in this section shall be construed to restrict the right of an employee to
express privately the employee's opinions on all political subjects and candidates,
to maintain political neutrality and to attend political meetings after working
hours.
(3) All employees shall comply with all applicable provisions of the Federal Hatch
Political Activities Act as amended by the Federal Election Campaign Act
Amendments of 1974, and any subsequent amendments thereto.
(l) Any person who shall violate subsection (h), (i) or (j) of this section shall, for the
period of five years, be ineligible for appointment to or employment in a position with
the city, and any officer or employee who shall violate any such subsection shall be
dismissed from any office or position held by such officer or employee.
(Ord. No. 2007-22(06-O-2700), § 1, 3-27-07; Ord. No. 2009-50(09-O-1311), § 1, 9-8-09)
20
Revised Draft 2/1/2021 9:58 AMAdditional Information Pertaining to:
As taken from the Charter of the Atlanta Independent School System
GAHB - Employees Seeking and Holding Political Offices
Employees of the Atlanta Board of Education are expected to exercise their rights of
franchise and assume the duties and responsibilities of good citizenship under the
American democratic way of life.
In the event an employee of the Board wishes to qualify or become a candidate for public
office, he/she may be granted a leave of absence without pay for the purpose of
campaigning for such office. However, a leave of absence is not mandatory, with the
proviso that the employee shall not engage in any political or campaign activity on his/her
own behalf or on behalf of any other candidate during regular working hours or on Board
time.
The Superintendent or his/her designee may administratively place an employee on
involuntary leave of absence if it is determined at any point during a campaign period that
the employee’s campaign effort interferes with the successful performance of his/her
assigned duties. The Superintendent’s action may be appealed by the employee to the
Board.
If the employee is elected to membership on the Board, he/she shall either retire or resign,
effective the day following installation in office. Continued employment with the Board
upon successful election to any other public office shall be governed by the capacity of the
employee to perform his/her job duties while holding public office and by the relationship
of the Board to the other governmental agency and the City Charter. Brief, occasional
absences may be accommodated through the Board’s regular personal leave policy.
Extended, prolonged, or regular absences prohibiting the successful completion of
assigned duties shall be cause administratively to arrange an extended leave of absence
for the employee in accordance with the Board’s leave policy.
Date Adopted: 6/1/1976
Last Revised: 4/16/1990
Legal citations:
18 USC 1951 Interference with commerce by threats or violence
42 USC 1973c Alteration of voting qualifications and procedures; action by State or political
subdivision for dec
42 USC 1971 Voting Rights Act, Sec. 5
21
Revised Draft 2/1/2021 9:58 AMCITY OF ATLANTA
OFFICE OF MUNICIPAL CLERK
ELECTION INFORMATION
CAMPAIGN FUND DISCLOSURE
GUIDELINES
PART 2 OF 3
Foris Webb, III
Municipal Clerk/Election Superintendent
Office of Municipal Clerk
Atlanta City Hall
55 Trinity Avenue, S.W. Suite 2700
Atlanta, Georgia 30303
404-330-6500
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Revised Draft 2/1/2021 9:58 AM
atlantaelections@atlantaga.govDISCLAIMER
This section is intended only as a summary to aid a candidate in understanding the filing
requirements of the Campaign Finance Act (Act). For a review of the complete
requirements, consult the Act itself, codified at Title 21 Chapter 5 of the Official Code of
Georgia Annotated.
The Georgia Government Transparency and Campaign Finance Commission administers
and enforces the provision of the Campaign Finance Act.
The Act covers: candidates, candidates committees, public officials, non-candidate
committee, lobbyist and qualifying officers.
The Act does not cover qualifying for office, requirements for being on a ballot, conflict of
interest, ethical conduct or tax issues. Agencies that may address those issues are
provided below:
Secretary of State – www.sos.ga.gov
Internal Revenue Services – www.irs.gov
Campaign Finance Act - http://ethics.ga.gov/wp-content/uploads/2018/11/2018-Act-
CFA.pdf
By providing this section, the Office of Municipal Clerk is not providing legal
advice nor does it assume liability for the actions, or lack thereof, of a
candidate or their campaign staff.
23
Revised Draft 2/1/2021 9:58 AMUSE OF CAMPAIGN FUNDS
Ordinary and Necessary – O.C.G.A. 21-5-3 (18)
"Ordinary and necessary expenses" shall include, but shall not be limited to, expenditures
made during the reporting period for qualifying fees, office costs and rent, lodging,
equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling,
special events, volunteers, reimbursements to volunteers, repayment of any loans
received except as restricted under subsection (i) of Code Section 21-5-41, contributions
to nonprofit organizations, flowers for special occasions, which shall include, but are not
limited to, birthdays and funerals, attorney fees connected to and in the furtherance of
the campaign, and all other expenditures contemplated in Code Section 21-5-33.
DISPOSITION OF CONTRIBUTIONS
O.C.G.A. 21-5-33
(a) Contributions to a candidate, a campaign committee, or a public officer holding
elective office and any proceeds from investing such contributions shall be utilized only
to defray ordinary and necessary expenses, which may include any loan of money from a
candidate or public officer holding elective office to the campaign committee of such
candidate or such public officer, incurred in connection with such candidate's campaign
for elective office or such public officer's fulfillment or retention of such office.
(b)
(1) All contributions received by a candidate or such candidate's campaign
committee or a public officer holding elective office in excess of those necessary to
defray expenses pursuant to subsection (a) of this Code section and as determined
by such candidate or such public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C.
170(c) as said federal statute exists on March 1, 1986, and which additionally
shall include educational, eleemosynary, and nonprofit organizations;
(B) Except as otherwise provided in subparagraph (D) of this paragraph, for
transferal without limitation to any national, state, or local committee of any
political party or to any candidate;
(C) For transferal without limitation to persons making such contributions,
not to exceed the total amount cumulatively contributed by each such
transferee;
(D) For use in future campaigns for only that elective office for which those
contributions were received. With respect to contributions held on January 1,
1992, or received thereafter, in the event the candidate, campaign committee,
or public officer holding elective office has not designated, prior to receiving
contributions to which this Code section is applicable, the office for which
24
Revised Draft 2/1/2021 9:58 AMcampaign contributions are received thereby, those contributions shall be
deemed to have been received for the elective office which the candidate held
at the time the contributions were received or, if the candidate did not then
hold elective office, those contributions shall be deemed to have been received
for that elective office for which that person was a candidate most recently
following the receipt of such contributions; or
(E) For repayment of any prior campaign obligations incurred as a candidate.
(2) Any candidate or public officer holding elective office may provide in the will of
such candidate or such public officer that the contributions shall be spent in any of the
authorized manners upon the death of such candidate or such public officer; and, in
the absence of any such direction in the probated will of such candidate or such public
officer, the contributions shall be paid to the treasury of the state party with which
such candidate or such public officer was affiliated in such candidate's or such public
officer's last election or elective office after the payment of any expenses pursuant to
subsection (a) of this Code section. Notwithstanding any other provisions of this
paragraph, the personal representative or executor of the estate shall be allowed to use
or pay out funds in the campaign account in any manner authorized in subparagraphs
(A) through (E) of paragraph (1) of this subsection.
(c) Contributions and interest thereon, if any, shall not constitute personal assets of such
candidate or such public officer.
(d)
(1) Contributions received by a campaign committee designed to bring about the
recall of a public officer holding elective office or to oppose the recall of a public officer
holding elective office or any person or to bring about the approval or rejection by the
voters of any proposed constitutional amendment, a state-wide referendum, or a
proposed question which is to appear on the ballot in any county or municipal election
and any proceeds derived from investing such contributions shall be utilized only to
defray ordinary and necessary expenses associated with influencing the voters on such
issue.
(2) All contributions received by a campaign committee as provided in paragraph (1)
of this subsection in excess of those necessary to defray expenses relative to the
influencing of voters on such issue as determined by the campaign committee may
only be used as follows:
(A) Contributions to any charitable organization described in 26 U.S.C. 170(c) as
such federal statute exists on March 1, 1986, and which additionally shall include
educational, eleemosynary, and nonprofit organizations; or
(B) For repayment on a pro rata basis to persons making such contributions.
25
Revised Draft 2/1/2021 9:58 AMANONYMOUS CONTRIBUTIONS
O.C.G.A. 21-5-30(e)
The making and acceptance of anonymous contributions are strictly prohibited.
Any anonymous contributions received by a candidate or campaign committee
shall be transmitted to the state treasurer for deposit in the state treasury, and the
fact of such contribution and transmittal shall be reported to the commission.
Anonymous contributions are prohibited
Any cash contribution received by a candidate who fails to record the name
and address of the contributor and the amount of the contribution is an
anonymous contribution.
If an anonymous contribution is received it must be transmitted to:
Office of Treasury and Fiscal Services
200 Piedmont Avenue
Suite 1202 West Tower
Atlanta, Georgia 30334
(404) 656-2168
The recipient must also notify the Commission of the receipt of the
contribution and its subsequent transmittal to the office of Treasury and
Fiscal Services. Disclosure of the anonymous contribution on a candidate
campaign contribution report shall constitute notice to the Georgia
Government Transparency and Campaign Finance Commission of
compliance with O.C.G.A. 21-5-30(e)
26
Revised Draft 2/1/2021 9:58 AMUSE OF CANDIDATES PERSONAL FUNDS
ALSO KNOWN AS
“MILLIONARES CLAUSE”
O.C.G.A. 21-5-41(h)
Any candidate or campaign committee who incurs loans on or after January 9, 2006, in
connection with the candidate's campaign for election shall not repay, directly or
indirectly, such loans from any contributions made to such candidate or any authorized
committee of such candidate after the date of the election for which the loan was made
to the extent that such loans exceed $250,000.00.
A candidate may use his own money or resources to finance a campaign or
to supplement contributions received from others
Such use of personal funds by a candidate is a campaign contribution; all
such contributions must be reported.
“Millionaires Clause” Millionaire’s Clause provides that a candidate who
loans money to his campaign will not be able to use campaign funds to
repay that loan after an election to the extent that the loan exceeds
$250,000.00.
Note: After election day, you can only repay up to $250,000.00 back from your
campaign. Anything over this amount is forfeited.
27
Revised Draft 2/1/2021 9:58 AMCONTRIBUTIONS BY PUBLIC AGENCIES
O.C.G.A. §21-5-30.2
(a) Except as otherwise provided in this subsection, the definitions set forth in Code
Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this
Code section, the term:
(1) "Agency" means:
(A) Every state department, agency, board, bureau, commission, and
authority;
(B) Every county, municipal corporation, school district, or other political
subdivision of this state;
(C) Every department, agency, board, bureau, commission, authority, or
similar body of each such county, municipal corporation, or other political
subdivision of this state; and
(D) Every city, county, regional, or other authority established pursuant to
the laws of this state.
(2) "Contribution" means a gift, subscription, membership, loan, forgiveness of debt,
advance or deposit of money, or anything of value conveyed or transferred by or on
behalf of an agency, without receipt of payment therefor, to any campaign committee,
political action committee, or political organization or to any candidate for campaign
purposes.
(3) "Elector" means any person who shall possess all the qualifications for voting
now or hereafter prescribed by the laws of this state and who shall have registered in
accordance with Chapter 2 of this title.
(4) "Political action committee" means any committee, club, association,
partnership, corporation, labor union, or other group of persons which receives
donations aggregating in excess of $1,000.00 during a calendar year from persons
who are members or supporters of the committee and which distributes these funds
as contributions to one or more campaign committees of candidates for public office.
Such term does not mean a campaign committee.
(5) "Political organization" means an affiliation of electors organized for the purpose
of influencing or controlling the policies and conduct of government through the
nomination of candidates for public office and, if possible, the election of its
candidates to public office.
(6) "Public meeting place" means any county, municipal, or other public building
suitable and ordinarily used for public gatherings.
(b) No agency and no person acting on behalf of an agency shall make,
directly or indirectly, any contribution to any campaign committee, political
action committee, or political organization or to any candidate; but nothing
in this Code section shall prohibit the furnishing of office space, facilities,
equipment, goods, or services to a public officer for use by the public officer
in such officer's fulfillment of such office.
28
Revised Draft 2/1/2021 9:58 AM(c) No campaign committee, political action committee, or political organization or
candidate shall accept a contribution in violation of subsection (b) of this Code section.
(d) Nothing contained in this Code section shall be construed to:
(1) Affect the authority of the State Personnel Board regarding the regulation of
certain political activities of public employees in the classified service as defined by
Code Section 45-20-2;
(2) Affect the authority of any agency regarding the regulation of the political
activities of such agency's employees;
(3) Affect the use of the capitol building and grounds as specified in Code Section 50-
16-4; or
(4) Prohibit the use of public meeting places by political organizations when such
meeting places are made available to different political organizations on an equal
basis; provided, however, that this paragraph shall not be construed to create a right
for a political organization to use a public meeting place.
29
Revised Draft 2/1/2021 9:58 AMPROHIBITED CONTRIBUTIONS
Previous Campaigns for Different Office
First, a campaign may refund the cumulative amount of contributions
received from one contributor over multiple election cycles so long as the
refund complies with this advisory opinion, the Act and Commission
Rules.
Second, the Act does not prohibit a campaign by the same candidate but
for a different office from accepting an endorsed refund check from a
contributor to a previous campaign for another elective office so long as
such acceptance is in accordance with this advisory opinion, the Act and
Commission Rules.
See Full Advisory Opinion No. 2008-03
(http://ethics.ga.gov/category/advisory-opinions/page/5/)
Foreign Nationals
No contributions by Foreign Nationals are permissible under federal law.
For information see www.fec.gov
30
Revised Draft 2/1/2021 9:58 AMMAXIMUM ALLOWABLE CONTRIBUTION LIMITS
The Campaign Finance Act, O.C.G.A. § 21-5-41(k), authorizes the Campaign
Finance Commission to raise or lower the maximum contributions limit set forth
in the Act by $100 increments based on inflation or deflation as determined by
the Consumer Price Index published by the United States Department of Labor.
On April 18, 2019, the Commission approved an increase in the maximum
contribution limits as follows:
Two thousand eight hundred dollars ($2800.00) for a general
election
One thousand five hundred dollars ($1500.00) for a general
run-off election.
No person, corporation, political committee, or political party shall make, and no
candidate or campaign committee shall receive from any such entity,
contributions to any candidate for municipal elected office which in the aggregate
for an election cycle exceed the amount listed above.
Note: the aggregate of monetary and in-kind contributions from the same
contributor must also not exceed the maximum contribution limits authorized by
the Act.
31
Revised Draft 2/1/2021 9:58 AMWIN, LOSE, OR WITHDRAW
Any unsuccessful candidate in an election is required to file campaign
contribution disclosure reports for the remainder of the election cycle, at the same
times as a successful candidate.
O.C.G.A. § 21-5-34
(i)
(1) Any person elected to a public office who is required to file campaign
contribution disclosure reports pursuant to this article shall, upon leaving
public office with excess contributions, be required to file supplemental
campaign contribution disclosure reports on June 30 and December 31 of
each year until such contributions are expended in a campaign for elective
office or used as provided in subsection (b) of Code Section 21-5-33.
(2) Any person who is an unsuccessful candidate in an election and who is
required to file campaign contribution disclosure reports pursuant to this
article shall for the remainder of the election cycle file such reports at the
same times as a successful candidate and thereafter, upon having excess
contributions from such campaign, be required to file a supplemental
campaign contribution disclosure report no later than December 31 of each
year until such contributions are expended in a campaign for elective office
or used as provided in subsection (b) of Code Section 21-5-33. Any
unsuccessful candidate in an election who is required to file campaign
contribution disclosure reports pursuant to this article and who receives
contributions following such election to retire debts incurred in such
campaign for elective office shall be required to file a supplemental campaign
contribution disclosure report no later than December 31 of each year until
such unpaid expenditures from such campaign are satisfied.
Non-Election Year Filing Schedule Please Note
o June 30th
o December 31st Campaign Contribution Disclosure
reports cannot be filed/submitted prior to
Election Year Filing Schedule the designated date listed within the
o January 31st Campaign Finance Act.
o April 30th
o June 30th The Commission will treat the report as
o September 30th “NOT FILED”.
o October 25th
o December 31st
32
Revised Draft 2/1/2021 9:58 AMCAMPAIGN CONTRIBUTION DISCLOSURE REPORT
LATE FEES
Late fees are assessed by the Georgia Government Transparency and Campaign Finance
Commission when a report is filed late.
There is a five (5) day grace period for all CCDR’s filed. There is only a two (2) day grace
period for CCDR’s filed for runoff elections
O.C.G.A. § 21-5-34 (k)(1)
In addition to other penalties provided under this chapter, a late fee of $125.00 shall be
imposed by the person or entity with which filing is required for each report that is filed
late, and notice of such late fee shall be sent to the candidate and the candidate's
committee in the same manner by which the penalized report was filed with the
commission. However, if the report in question was not filed or was filed with the
commission in a manner other than electronic filing or certified mail, return receipt
requested, the commission shall utilize certified mail, return receipt requested, to notify
the candidate and the candidate’s committee of the late fee due. The notice shall include
the schedule of increasing late fees for late filings and the dates upon which such late fees
shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day
after the due date for such report if the report has not been filed by such date. A late fee
of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if
such report has not been filed.
Aggregate Totals
$ 125.00 1ST day a report is late after a grace period. $ 125.00
$ 250.00 15th day a report is late after the due date. $ 375.00
$1000.00 45th day a report is late after the due date $1375.00
Note: Fees can be paid with campaign contributions.
33
Revised Draft 2/1/2021 9:58 AMYou can also read
