Rule 189-3-.04. Expenses Incurred Through or By Third Parties

1. (1) Payments by Credit Card.

   1. (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.

   2. (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. 1. name of the person to whom the credit card was issued;
      2. 2. name of the credit card company and complete mailing address;
      3. 3. lump sum amount paid to the credit card company;
      4. 4. name of each end-recipient and occupation if an individual;
      5. 5. complete mailing address of each end-recipient;
      6. 6. amount of the payment to each end-recipient;
      7. 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. (2) Payments Through or By a Third Party.

   1. (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.

   2. (b) The campaign contribution disclosure report shall identify the third party, as well as, each end-recipient and shall include the following:

      1. 1. name of the third party and occupation if an individual;
      2. 2. complete mailing address of the third party;
      3. 3. lump sum amount paid to the third party;
      4. 4. name of each end-recipient and occupation if an individual;
      5. 5. complete mailing address of each end-recipient;
      6. 6. amount paid to each end-recipient;
      7. 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.

Authority: O.C.G.A. Secs. 21-5-3, 21-5-6, 21-5-34.

History. 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.