Judge rejects Brad Raffensperger’s bid to loosen spending limits in Georgia governor’s race

A federal judge has denied Georgia Secretary of State Brad Raffensperger’s request to raise unlimited campaign funds in the state’s gubernatorial race, maintaining campaign finance rules that some Republicans claim create an unfair advantage for certain candidates.

U.S. District Judge Eleanor L. Ross rejected the petition from Raffensperger’s independent political action committee, Safe Affordable Georgia, which filed a federal lawsuit in December seeking permission to raise unlimited funds for his campaign. The ruling preserves different fundraising rules between candidates, an issue Raffensperger has now appealed.

The case highlights growing tensions over Georgia’s 2021 campaign finance law, which created “leadership committees” that can raise unlimited funds for candidates who hold specific positions. Raffensperger’s opponent in the Republican primary, Lt. Gov. Burt Jones, chairs such a committee and has been able to raise unlimited amounts while Raffensperger faces traditional contribution limits.

Attorneys for Safe Affordable Georgia argued the current system violates Raffensperger’s First Amendment rights by subjecting him to different fundraising rules than his opponent. They requested that contribution limits for his committee be waived during the ongoing campaign to level the playing field.

While Judge Ross acknowledged that the law giving special treatment to Jones’ leadership committee is likely unconstitutional, she ruled that Safe Affordable Georgia’s arguments did not meet the legal standard for an immediate injunction.

“Hardworking Georgians deserve elections where the rules are the same for everyone, no matter what title or office you hold,” Safe Affordable Georgia said in a statement following the ruling. “That’s what the Constitution requires, and that’s why we’ll keep fighting in Court to do what’s in the best interest of Georgia voters.”

The 2021 law allows leadership committees to raise funds year-round for various election-related activities. However, the chair of these committees must be the governor, lieutenant governor, party nominees for those offices, or legislative leaders—giving those individuals a significant advantage when running for office.

During court proceedings, David Dove, an attorney representing the state, argued that allowing Raffensperger to circumvent campaign finance laws designed to prevent corruption would lead to a flood of similar requests, ultimately undermining Georgia’s ability to regulate campaign finance. “There is no end to where the total number of committees could end up under this regime,” Dove told the court.

Charles Miller, representing Safe Affordable Georgia, countered that legislators weren’t concerned about corruption when they allowed top state officials to raise unlimited sums through leadership committees, so they shouldn’t worry about corruption from other committees either.

Raffensperger gained national attention in January 2021 when he refused then-President Donald Trump’s demand to “find” enough votes to overturn Joe Biden’s victory in Georgia’s 2020 presidential election.

Court records show Jones’ leadership committee has received significant financial support, including $100,000 from four sources and approximately 60 donations of $10,000 or more. In contrast, traditional candidate committees like Raffensperger’s are limited to a maximum of $8,400 from each donor.

This case is not the only legal challenge to Georgia’s campaign finance system. Georgia Attorney General Chris Carr, another Republican gubernatorial candidate, previously filed a lawsuit seeking to prevent Jones from using his leadership committee to raise funds. However, a judge dismissed Carr’s suit in August, ruling that he should have challenged the constitutionality of the law itself.

Adding to the controversy, the Georgia Ethics Commission adopted an opinion in December finding that Jones is permitted to loan $10 million to his leadership committee, despite Carr’s allegation that this practice evades campaign finance restrictions. The opinion effectively allows Jones to continue using his family fortune in his bid for the Republican nomination. Jones has already made loans of $7.5 million and $2.5 million to his WBJ Leadership Committee when he announced his gubernatorial run last July.

The ongoing legal battles over campaign finance rules will likely continue to shape Georgia’s high-profile gubernatorial race as candidates navigate the complex and potentially uneven fundraising landscape ahead of the upcoming election.