Stacey Abrams has filed a federal lawsuit over a state campaign fundraising law that benefits her incumbent opponent, arguing she should be awarded the same advantages as her party’s de facto nominee.
The Georgia Democratic candidate for governor filed the suit with the U.S. District Court for the Northern District of Georgia on Monday, seeking approval to create a “leadership committee” that would allow her campaign to raise funds without finance limits. Such committees were created through a law passed by the Georgia Legislature last year that allows incumbents and candidates who have clinched their parties’ nominations to accept unlimited donations, among other benefits.
“As a direct consequence [of this legislation], Plaintiffs will suffer ongoing and irreparable injury to their ability to use political speech to advocate for Ms. Abrams’s campaign, especially compared to her chief opponent, sitting Governor Brian P. Kemp,” Abrams’s suit said.
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Despite having a leadership committee raring to go, Abrams’s campaign has not received approval to begin fundraising because Abrams has not been designated as the party nominee. However, Abrams argues she should be recognized as the Democratic nominee because she has no primary opponent.
Abrams’s campaign argues that without the same fundraising advantages her incumbent challenger has, the state is imposing “severe burdens” on her election bid, as it puts her months behind Kemp’s efforts to collect donations.
“Brian Kemp signed legislation giving himself exclusive access to a special fundraising committee, and he’s already raised millions of dollars into it. Our campaign should have that same access,” the Abrams campaign said in a statement obtained by the Washington Examiner.
Until Abrams’s leadership commission is deemed official, “Plaintiffs will suffer severe prejudice that they can never fully heal because they can never recover this lost time,” according to campaign manager Lauren Groh-Wargo.
Her lawsuit hinges on a signed affidavit from the chairwoman of the Democratic Party of Georgia that declares Abrams as the party’s nominee.
It’s unclear whether this letter gives Abrams’s lawsuit any standing, as the decision to declare a candidate a party’s nominee before the primary election falls to the secretary of state’s office.
“Whether a candidate has been elected as a party’s nominee prior to any votes being cast or elections certified is a decision to be made by the secretary of state in consultation with the Department of Law,” David Emadi, executive director of the state Campaign Finance Commission, told Axios.
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The primary election is scheduled for May 24.
The Washington Examiner reached out to the Georgia secretary of state’s office but did not receive a response.
