(1) Payments by Credit Card.
(a) If a candidate or campaign committee pays
for goods or services directly or indirectly by using a credit card merely as a
conduit through which funds are paid to an end-recipient, the expenditure must
be itemized and shall be shown on the campaign contribution disclosure report
in the time period it is incurred.
(b) The campaign contribution disclosure
report shall identify the name of the person to whom the credit card was
issued, the name of the credit card company, as well as each end-recipient, and
shall include the following:
1. name of the
person to whom the credit card was issued;
2. name of the credit card company and
complete mailing address;
3. lump
sum amount paid to the credit card company;
4. name of each end-recipient and occupation
if an individual;
5. complete
mailing address of each end-recipient;
6. amount of the payment to each
end-recipient;
7. description of
the goods or services provided by each end-recipient with sufficient detail to
identify it as a lawfully authorized use of campaign funds.
(2) Payments Through or
By a Third Party.
(a) Campaign expenditures
made by a third party on behalf of a candidate or campaign committee must be
itemized to identify the actual end recipient of the expenditure and shall be
reported on the campaign contribution disclosure report for the time period
during which the expense is incurred when the third party making the
expenditure or the actual end recipient of the expenditure is under the
management, direction or control of the candidate or campaign committee
regarding the performance of its work.
Campaign expenditures made by third parties on behalf of a
candidate or campaign committee need not be itemized to identify the actual end
recipient of the expenditure but shall be reported as otherwise required when
such third parties as well as the actual end recipients of the expenditure are
independent contractors or otherwise not under the management, direction or
control of the candidate or campaign committee. An individual or corporation
shall be considered an independent contractor for the purposes of this section
when it is retained by a candidate or campaign committee and, while the
individual or corporation may follow the candidate's or campaign committee's
desires as to results of work, the candidate or campaign committee does not
manage, director of control such individual's or corporation's performance of
their work. If the third party is a consulting firm, media placement firm, or
advertising agency, the disclosure shall include the name of at least one
principal in the firm. Where applicable, the principal so disclosed shall be
the individual most responsible for the provision of services to the candidate
or campaign committee.
(b)
The campaign contribution disclosure report shall identify the third party, as
well as, each end-recipient and shall include the following:
1. name of the third party and occupation if
an individual;
2. complete mailing
address of the third party;
3. lump
sum amount paid to the third party;
4. name of each end-recipient and occupation
if an individual;
5. complete
mailing address of each end-recipient;
6. amount paid to each
end-recipient;
7. description of
the goods or services provided by each end-recipient with sufficient detail to
identify it as a lawfully authorized use of campaign funds.
Notes
Ga. Comp. R. & Regs. R. 189-3-.04
O.C.G.A. Secs.
21-5-3,
21-5-6,
21-5-34.
Original Rule entitled
"Expenses Incurred Through or By Third Parties" adopted. F.
Feb. 22, 2000; eff.
Mar. 13, 2000.
Amended:
F. Aug. 28, 2002; eff.
Sept. 17, 2002.
Repealed: New Rule of same title adopted. F.
Dec. 18, 2007; eff.
Jan. 7, 2008.
