Kemp’s unrestricted fundraising in the governor’s race

A federal judge decided on Thursday that Georgia Gov. Brian Kemp’s special campaign committee cannot raise funds unless and until he obtains his party’s nominee.

State legislation enacted by Kemp last year permitted select senior elected officials and party nominees to form “leadership committees” that may raise unlimited campaign contributions, including during the legislative session.

U.S. District Judge Mark Cohen ruled on a motion in a lawsuit filed by Democratic candidate for governor Stacey Abrams, saying Kemp’s Georgians First Leadership Committee cannot solicit or receive contributions until after the primary election and any possible runoff that makes him the Republican nominee for governor.

Cohen previously decided that Abrams could not accept unlimited contributions through her own leadership committee, One Georgia, before becoming the official nominee of her party in the May 24 primary. She maintained that because no other Democrat qualified to run for governor, she was already essentially the nominee.

Kemp faces a primary challenge from former U.S. Sen. David Perdue and others, and a runoff election in June is possible. If Kemp is the Republican nominee, he will face Abrams in a replay of the 2018 election, which he narrowly won.

After Perdue contested the validity of the legislation allowing leadership committees, Cohen decided in February that Kemp couldn’t spend money from his leadership committee on his reelection effort during the primary.

The statute authorizes the formation of leadership committees by the governor and lieutenant governor, opposing major party nominees, and both party caucuses in the state House and Senate. They are authorized to collaborate with a candidate’s campaign, unlike typical political action committees.