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Is It Legal?

David Staples, candidate for Public Service Commission, discusses the legality of certain types of campaign contributions.

There was an article written earlier this year by Tom Crawford about the current funding trends of Public Service Commissioner campaigns.  The title was "It’s legal, but is it right?"

Read It Here:  http://gareport.com/blog/2012/07/18/its-legal-but-is-it-right/


Here's the short version.  Politifact ran a story earlier this year stating that 91% of the incumbent's campaign contributions come from the executives, attorneys, and lobbyists for the utilities.  Furthermore, looking at specific contributions, Troutman Sanders and four of their attorneys donated a combined $10,000 to the incumbent in the district 5 seat just two days before he voted on a case they were presenting for their client, Georgia Power.

So after a bit of discussion with a friend of mine, I decided to see exactly what the law says, and I believe the wording of the law merits a bit further discussion as to the intent.  Looking at the Georgia Government Transparency and Campaign Finance Act of 2010, § 21-5-30 (f) states:

"A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. This subsection shall not apply to motor carriers whose rates are not regulated by the Public Service Commission. Any person who knowingly violates this subsection with respect to a member of the Public Service Commission, a candidate for the Public Service Commission, or the campaign committee of a candidate for the Public Service Commission shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $10,000.00, or both; and any person who knowingly violates this subsection with respect to any other public officer, a candidate for such other public office, or the campaign committee of a candidate for such other public office shall be guilty of a misdemeanor."

So what are your thoughts?  Were the attorneys who act on behalf of a public utility corporation on a regular basis violating Georgia law by making a donation to a Public Service Commissioner's re-election campaign?  And was the Commissioner that accepted that donation breaking the law as well?

Paul Nally October 30, 2012 at 12:46 pm
Look, David, one thing that government schools don't teach kids is how to think. If they did, everybody would know and understand that "right and wrong" has nothing to do with what is "legal or illegal"!
BUT, there is one branch of our government where the "rightness or wrongness" of a law is considered. And from that decision flows either an indictment or a refusal to indict. My question is; Why hasn't this situation been put to a grand jury? Consistent with your, and others, rights to speak, your right to petition, your right to be heard, you, and others, have a right to submit the evidence and the law to a grand jury for their consideration. AND, you don't need a DA to do it. See 77 Ga. 143 on page 148 for an explanation of your right and their duty. Ever think of that?

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The question: Should Georgia officially acknowledge Slavery? The reason for this: to bringRead More reconciliation among the people of this state. Now, how will that help this state achieve higher GPA's? How will that help reduce the jobless in this state? Many of us have said, we're sorry it happened, it was wrong, but NOW is not the time to spend more time/more hours on such a resolution, as AGAIN this is not the first time this has been bought up in the legislation, and before it was certainly intended to be an apology. (See HR 295-2009) but never made it to the floor. If I thought this would bring more jobs, solve the education in this state, help the poor, get all the foreclosed properties sold, then I would jump on the band wagon, but we have some very serious problems that need to be addressed, and the people of Ga. deserve more than this from an elected official. We are responding to the question that was purposed to the readers by The Patch. I do not try to change another mind, its my opinion only, but I do resent someone that openly admits they moved here from Florida, then before that lived in Europe/Cuba tell Georgians how ignorant, and stupid they are. Talking about rude, maybe you would like to apologize for calling other's names. If someone/ANYONE doesn't agree w/me and loves that this Rep has introduced a age old resolution while ignoring revelent and very real problems that exist today, that's fine, that's your perrogotive, but respect other's opinions.
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Perhaps there was a language barrier ?