Title 21, Chapter 5, Section 3
( 21-5-3)
As used in this chapter, the term: (1) "Business entity" means any corporation, sole proprietorship,
partnership, limited partnership, enterprise, franchise,
association, trust, joint venture, or other entity, whether profit
or nonprofit. (2) "Campaign committee" means the candidate, person, or committee
which accepts contributions or makes expenditures designed to
bring about the nomination or election of an individual to any
elected office. The term "campaign committee" also means any
person or committee which accepts contributions or makes
expenditures 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 any
committee which accepts contributions or makes expenditures
designed 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. (3) "Campaign contribution disclosure report" means a report filed
with the appropriate filing officer by a candidate or the
chairperson or treasurer of a campaign committee setting forth all
expenditures of $101.00 or more and all contributions of $101.00
or more, including contributions and expenditures of lesser
amounts when the aggregate amount thereof by or to a person is
$101.00 or more for the calendar year in which the report is
filed. Such report shall also include the total amount of all
individual contributions received or expenditures made of less
than $101.00 each. The first report required in the calendar year
of the election shall contain all such expenditures made and all
such contributions received by the candidate or the committee in
prior years in support of the campaign in question. (4) "Candidate" means 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 contributions or made
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. (5) "Commission" means the State Ethics Commission created under Code Section 21-5-4. (6) "Contribution" means 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 state-wide referendum, or a
proposed question which is to appear on the ballot in any county
or municipal election. The term specifically shall not include the
value of personal services performed by persons who serve without
compensation from any sources 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. (7) "Direct ownership interest" means the holding or possession of
good legal or rightful title of property or the holding or
enjoyment of real or beneficial use of the property by any person
and includes any interest owned or held by a spouse of such person
if such interest is held jointly or as tenants in common between
the person and spouse. (8) "Election" means a primary election; run-off election, either
primary or general; special election; or general election. The
term "election" also means a recall election. (8.1) "Election cycle" means 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. (9) "Expenditure" means a purchase, payment, distribution, loan,
advance, deposit, or gift 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 opposing 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 question which is to appear on the
ballot in any county or municipal election. 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 "expenditure" shall also include the
payment of a qualifying fee for and in behalf of a candidate. (10) "Fiduciary position" means any position imposing a duty to
act primarily for the benefit of another person as an officer,
director, manager, partner, or other designation of general
responsibility of a business entity. (11) "Filing officer" means that official who is designated in Code Section 21-5-34 to receive campaign contribution disclosure reports; provided, however, that such term shall not include the State Ethics Commission. (12) "Gift" means any gratuitous transfer to a public officer, the
spouse of the public officer, or any dependents of the public
officer or a loan of property or services which is not a
contribution as defined in paragraph (6) of this Code section and
which is in the amount of $101.00 or more.
(12.1) "Independent committee" means any committee, club,
association, partnership, corporation, labor union, or other group
of persons, other than a campaign committee, political party, or
political action committee, which receives donations during a
calendar year from persons who are members or supporters of the
committee and which expends such funds either for the purpose of
affecting the outcome of an election for any elected office or to
advocate the election or defeat of any particular candidate. (13) "Intangible property" means property which is not real
property and which is held for profit and includes stocks, bonds,
interest in partnerships, choses in action, and other investments
but shall not include any ownership interest in any public or
private retirement or pension fund, account, or system and shall
not include any ownership interest in any public or private life
insurance contract or any benefit, value, or proceeds of such life
insurance contract. (14) "Person" means an individual, partnership, committee,
association, corporation, labor organization, or any other
organization or group of persons. (14.1) "Political action committee" means: (A) any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations 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 candidates for public office or campaign committees of candidates for public office; and (B) a "separate segregated fund" as defined in Code Section 21-5-40. Such term does not include a campaign committee. (14.2) "Public employee" means every person employed by the
executive, legislative, or judicial branch of state government, or
any department, board, bureau, agency, commission, or authority
thereof. (15) "Public officer" means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency,
whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state board or authority and
the members thereof; (F) Every elected county official and every elected member of a
local board of education; and (G) Every elected municipal official. |