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Attorney general’s office reports two favorable appellate outcomes and OSAH remand in New Georgia Project case
Summary
The attorney general’s office told the commission that the 11th Circuit limited federal court review and remanded the New Georgia Project matter back to administrative process; the court also dismissed an appeal in the Libertarian party matter and the district court later dismissed the case.
An attorney from the Georgia attorney general’s office reported Dec. 13 that federal appellate courts have issued rulings affecting two litigation matters involving the commission: the New Georgia Project case and a challenge by the Libertarian Party.
New Georgia Project: The 11th U.S. Circuit Court of Appeals issued an opinion that the district court improperly exercised jurisdiction because there was a pending administrative enforcement proceeding. The AG’s office said the appellate court returned the matter to the administrative track and the parties have until Jan. 10 to attempt a proposed consent order before the commission; if no agreement is reached, the AG’s office said the expectation is that the federal court will schedule further proceedings in early 2025.
Libertarian party / Graham matter: The AG’s office reported favorable rulings at both the 11th Circuit and the district-court level. The 11th Circuit dismissed an appeal as moot because the challenged election already occurred; the district court, in an order issued Dec. 5, denied requests to revive the case and dismissed it in light of the appellate rulings.
Why this matters: The New Georgia Project litigation concerns whether state registration and reporting rules for organizations that spend to influence elections can be enforced when a group claims that advocacy is not the organization’s major purpose. The appellate outcome preserved the state’s administrative enforcement path. The Libertarian matter was dismissed as moot after the election cycle concluded.
Next steps: The AG’s office said it has prioritized election‑related litigation but will increase enforcement scheduling now that court activity is winding down. The office expects to resume work on enforcement‑case hearings and to coordinate with the commission on scheduling.
