At its Dec. 4 meeting the Government Transparency & Campaign Finance Commission adopted advisory opinion AO2025‑02 and a new interpretive rule clarifying how it will treat candidate loans to leadership committees or PACs and when a candidate has a "controlling interest" in a nonprofit that would bar expenditures of excess campaign funds.

The advisory opinion responded to attorney Brian Tyson's request about whether a candidate may loan personal funds to a leadership committee or PAC and later be repaid from funds raised in that entity. Staff advised that a candidate's personal loan is treated as the candidate's own contribution and that repayment of the candidate’s loaned funds to the candidate does not itself create an excess contribution, assuming no other statutory limits are exceeded and the facts do not indicate circumvention. "It's their money," staff advised, explaining the legal distinction between personal funds and third‑party contributions.

Separately, the commission adopted a proposed rule intended to provide a clearer enforcement baseline for OCGA §21‑5‑33(b)(2)(B), which bars a candidate from expending excess campaign contributions to a nonprofit in which the candidate has a controlling interest. Staff proposed a 51% threshold for "controlling interest" to give a bright line for enforcement and public notice. Commissioners discussed precise drafting and asked staff to return with any technical edits and statutory cross‑checks.

The advisory opinion and the new rule are guidance on proper fundraising and expenditure practices and will inform staff enforcement decisions. The advisory opinion addresses hypothetical repayment mechanics but notes that factual variations could change the analysis, and the rule will be the subject of further technical review to ensure it aligns with statutory authority.