With control of the U.S. Senate at stake, hundreds of millions of dollars are expected to flow into Georgia over the next two months as voters decide the outcome of two U.S. Senate run-off elections.  Donors seeking to make contributions to support their preferred candidates in these run-offs should be mindful of a variety of restrictions:

  • Each of the Senate campaigns in the run-off may accept contributions of up to $2,800 per individual donor (or $5,600 per couple), even if the donor had previously donated the maximum to the candidate’s primary and/or general election campaigns.
  • The general accounts of the senate campaign arms of the national political party committees—the NRSC and DSCC—may accept $35,500 annually per donor.  Funds in the general accounts may be used to influence the outcome of the run-off elections.  Donors who already made the maximum contributions to the general accounts of the NRSC or DSCC prior to the 2020 general election may not make a further contribution to the general accounts this year.  Such “maxed out” donors may, however, contribute another $35,500 in the opening days of 2021, prior to the January 5, 2021 run-off elections, though donations cannot be earmarked for the Georgia runoffs without potentially exceeding contribution limits.
  • Individuals may contribute $10,000 annually to the federal accounts of the Georgia Republican and Democratic Parties.  Individuals subject to “pay-to-play” rule restrictions, such as those in the financial services industry, should consult with their compliance departments prior to making or soliciting such contributions.

In addition to the campaigns and political party committees described above, we expect many other groups to be active in the Georgia run-off elections, including Super PACs, “joint fundraising committees” that raise funds for multiple candidates or party committees simultaneously, and 501(c)(4) social welfare organizations.  Because special restrictions may apply to contributions to these groups, donors should first carefully vet these groups for compliance risks and optics and reputational concerns, prior to writing the contribution check or initiating the wire transfer.

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Photo of Zachary G. Parks Zachary G. Parks

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside…

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside attorney for election law, campaign finance, pay-to-play and PAC issues.” Zachary is also a leading lawyer in the emerging corporate political disclosure field, regularly advising corporations on these issues.

Zachary’s expertise includes the Federal Election Campaign Act, the Lobbying Disclosure Act, the Ethics in Government Act, the Foreign Agents Registration Act, and the Securities and Exchange Commission’s pay-to-play rules. He has also helped clients comply with the election and political laws of all 50 states. Zachary also frequently leads political law due diligence for investment firms and corporations during mergers and acquisitions.

He routinely advises corporations and corporate executives on instituting political law compliance programs and conducts compliance training for senior corporate executives and lobbyists. He also has extensive experience conducting corporate internal investigations concerning campaign finance and lobbying law compliance and has defended his political law clients in investigations by the Federal Election Commission, the U.S. Department of Justice, Congressional committees, and in litigation.

Zachary is also the founder and chair of the J. Reuben Clark Law Society’s Political and Election Law Section.

Zachary also has extensive complex litigation experience, having litigated major environmental claims, class actions, and multi-district proceedings for financial institutions, corporations, and public entities.

From 2005 to 2006, Zachary was a law clerk for Judge Thomas B. Griffith on the United States Court of Appeals for the District of Columbia.