The following words and terms as used in this rule shall have the meaning
hereinafter ascribed to them:
traveler" - any candidate, public officer, staff member traveling on behalf of
a campaign, person traveling on behalf of a candidate or public officer in
connection with a campaign for public office, or person traveling on behalf of
a committee for campaign purposes.
(b) "Fair market value of a noncommercial
flight" - the value set by the Commission for flight on noncommercial
aircraft" - aircraft owned and operated for noncommercial purposes, including
but not limited to fixed wing aircraft and helicopters.
(d) "Service provider" - the owner of an
aircraft, or a person who leases an aircraft from the owner or otherwise
obtains a legal right to the use of an aircraft, and who uses the aircraft to
provide transportation to a campaign traveler.
(e) "Unreimbursed value" - the difference
between the value of noncommercial flight as set by the Commission and the
payment made for such flight by a candidate or public officer for campaign
purposes. Any such unreimbursed value is an in-kind contribution.
Fair market value. The fair
market value of a noncommercial flight on noncommercial aircraft will be set by
the Commission on a yearly basis and will apply until next revised by the
Commission. The fair market value shall be based on:
(a) The number and type of the aircraft's
engines, e.g., one propeller, two propellers, or two jet engines;
(b) The seating capacity of the aircraft;
(c) The mileage of the
of apportionment and pro rata values.
candidate may apportion the fair market value of flight(s) on noncommercial
aircraft for mixed-use purposes as follows:
If a trip involves both campaign and non-campaign related stops, any
expenditure for a noncommercial flight arriving at, or departing from, a
campaign related stop must be disclosed in accordance with this rule.
Campaign-related activity shall not include any incidental contacts.
2. If a stop consists of both an official
event that is in furtherance of a public officer's fulfillment of office and an
event that is for campaign purposes in the public officer's role as a
candidate, then the public officer need not disclose the value of the arrival
and departure flights so long as the official event would have occurred
regardless of any campaign event and the public officer has not paid for the
flight with campaign funds.
The pro rata share of a flight on
noncommercial aircraft with campaign travelers from different campaigns or
committees, or campaign travelers and non-campaign travelers, shall be as
1. If the entire use of the
noncommercial aircraft is by one campaign or committee, then no pro rata
calculation shall be made.
more than one campaign or committee has campaign travelers on a flight, or if
there is a mix of campaign travelers and non-campaign travelers, then a
candidate's pro rata share shall be calculated by
multiplying the fair market value of the flight by the number of campaign
travelers for that candidate's campaign, and then dividing this number by the
total number of passengers, or
dividing the fair market value by the number of campaigns and committees
represented on the flight, minus any share of the value of the flight
attributable to non-campaign travelers.
For non-commercial travel by a candidate
on an aircraft owned or leased by that candidate or an immediate family member
of that candidate that is conducted in connection with such candidate's
campaign for elective office:
candidate, campaign, or other person/entity shall utilize the formulas
delineated in Advisory Opinion 2012-04 and 2012-06 at Line 83 to Line 113 in
order to properly calculate the expenses associated with non-commercial travel
by a candidate on aircraft owned or leased by a candidate or an immediate
family member of that candidate.
Disclosure. Reporting of flights on
noncommercial aircraft for campaign purposes by a candidate, public officer or
member of a committee shall be as follows:
The candidate, public officer, or committee that makes an expenditure for a
flight (or that records an in-kind contribution for a flight) must disclose on
the Campaign Contribution Disclosure Report due for the reporting period in
which the flight occurred the departure and arrival airport(s) of the flight
and the Commission mileage rate applicable to the aircraft used and by which
the value of the flight is being assessed.
(b) A candidate or committee shall reimburse
the service provider of the aircraft the pro rata share of the fair market
value of a noncommercial flight as set by the Commission, not including the
receipt of an in-kind contribution in the form of unreimbursed value, if
(c) A public officer
may expend campaign funds for flight(s) on noncommercial aircraft if such
flight is an ordinary and necessary expense incurred in connection with the
public officer's fulfillment or retention of office. Any such expenditure must
be valued in accordance with Rule 189-3-.06(2), must be disclosed in accordance
with Rule 189-3-.06(4), and must be documented in accordance with Rule
Recordkeeping. The candidate, public officer or committee on whose behalf the
flight is conducted shall maintain documentation for inspection by the
Commission which includes the following information:
(a) The service provider and the size, model,
make and tail number of the aircraft used; and
(b) An itinerary showing the departure and
arrival cities and the date(s) of departure and arrival, the number of
passengers on each leg of a flight, along with a confirmation of how many
passengers are, and are not, campaign travelers.
Ga. Comp. R. & Regs. R. 189-3-.06
entitled "Flight on Noncommercial Aircraft by a Candidate, Public Officer, or
Person Traveling on Behalf of a Candidate or Committee, for Campaign Purposes"
adopted. F. Dec. 5, 2008; eff.
Jan. 1, 2009, as
specified by the Agency.
Amended: F. Jan. 11,
2016; eff. Jan. 31, 2016.