Abrams files lawsuit to use fundraising law meant to aid Kemp

As the only person to qualify to run for Governor on the Democratic ticket in Georgia, this automatically makes Stacey Abrams the nominee for the party. This would seem clear to most people, however, Abrams is getting push back and is unable to receive clarity and confirmation from the state board of ethics on this topic. Abrams told the state ethics commission that she is the party’s nominee and should be eligible for the fundraising mechanism put in place to aid Republican Gov. Brian Kemp.

Having asked the state for a response, the Democratic gubernatorial candidate is now turning to the federal court to raise this question. Abrams filed a federal lawsuit seeking court approval to use a law that gives Republican Gov. Brian Kemp a fundraising advantage in his reelection bid this year.

Her appeal to the state agency responsible for policing campaign finance laws did not yield a favorable response. In fact, they gave no ruling at all, saying they cannot confirm her position on this issue. The Executive Secretary, David Emadi, says the commission cannot “determine whether someone is or is not a party’s nominee for office.” Emadi went on to say, “Whether a candidate has been elected as a party’s nominee prior to any votes being cast or elections certified is a decision to be made by the secretary of state in consultation with the Department of Law, and we are awaiting guidance from them on that matter.”

Seeing no logic in that response from the state ethics board, Abrams filed suit to be eligible for the new law which many say was crafted for Kemp only. In her lawsuit, Abrams is asking the court to require state officials to let her use a “leadership committee,” a fundraising mechanism the Republican-led General Assembly created last year to allow the governor, the opposing party’s gubernatorial nominee and party caucuses to raise as much campaign cash as they can without limits on donors, even during legislative sessions. 

With this law in place, the Kemp camp has already raised millions of campaign dollars after forming his committee in June 2021. He reported that he raised more than $2.3 million through January 31. This is in addition to the $12 million the governor reported having in his campaign account.

When Abrams ran for governor in 2018 her ability to raise funds rivaled Kemps. Her recent disclosure report showed Abrams with $9.2 million in January. Having the ability to raise unlimited donations would give Abrams the ability to court nationwide donors.

With no other candidate in the race, Abrams says there’s no reason to wait for the May 24 primary because she is the Democratic nominee. She believes the law is on her side and that she should be able to run a leadership committee similar to Kemps’. The state Democratic Party Chairwoman, U.S. Rep. Nikema Williams of Atlanta, agreed with Abrams and filed an affidavit declaring Abrams the party’s standard bearer.

Abrams’ lawsuit states that her campaign has already created a leadership committee that began raising money shortly after she qualified to run for governor earlier this month. 

Both Abrams and former U.S. Sen. David Perdue, who is challenging Kemp in the Republican primary, has criticized the leadership committee system in the past, saying it was an unfair law designed to help Kemp. In her lawsuit, Abrams is making sure that it helps both sides, Republican and Democratic, as it was designed to do.