Judge rejects challenge to law that allows Gov. Kemp and others to raise unlimited campaign cash

ATLANTA — A federal judge has rejected a Democratic challenge to a Georgia law that allows Gov. Brian Kemp and a few other Georgia politicians to raise unlimited campaign cash.

The Democratic Party of Georgia had sought a preliminary injunction to prevent the state from enforcing the law that created “leadership committees” that allow the governor and a few other Georgia officials to skirt campaign contribution limits that apply to other candidates.

But on Thursday, U.S. District Judge Mark Cohen rejected the Democrats’ request, saying the party had not demonstrated it had standing to sue the governor.

A 2021 law allows the governor, lieutenant governor and candidates for those offices to create political committees that can raise unlimited amounts of money. Legislative leaders from both parties also can establish such committees.

Legislative leaders in the Georgia House include the speaker, speaker pro tem and the majority and minority leaders. In the state Senate, that list includes the president (a role served by the lieutenant governor), president pro tem and the majority and minority leaders.

Other candidates are subject to campaign contribution limits. Candidates for statewide office can raise up to $8,400 from individual donors for both the primary and general elections, plus an additional $4,800 for a primary runoff.

The law also allows leadership committees to raise money during the legislative session — something other candidates are prohibited from doing.

In a lawsuit filed in U.S. District Court in Atlanta, Democrats argued the law violates the party’s free speech and equal protection rights by allowing Kemp to raise unlimited cash for Republican legislative candidates — putting Democratic candidates at a disadvantage. In his response, Kemp noted that Democratic legislative leaders also can raise unlimited cash for their preferred candidates.

In his ruling Thursday, Cohen found the Democrat’s complaint to be speculative — it did not challenge specific Kemp contributions to particular legislative candidates. Among other things, the judge also found Kemp isn’t the right person to sue — it’s the attorney general and the Georgia Government Transparency and Campaign Finance Commission.