Stacey Abrams files lawsuit over Georgia fundraising restrictions

Abrams is aiming to be declared the Democratic nominee in order to keep fundraising pace with incumbent governor Brian Kemp

Stacey Abrams has filed a lawsuit seeking to begin fundraising for her gubernatorial campaign under a new state law that allows campaign leadership committees to take unlimited campaign contributions.

Direct donations to political candidates in Georgia are capped at $7,600 for primary races and general elections and $4,500 for runoff elections, but leadership committees, created last year by Georgia lawmakers, can accept unlimited contributions.

The problem for Ms Abrams is that, at this point, she is not yet able to form a leadership committee.

According to state rules, only the governor, lieutenant governor, major party nominees, and party caucuses in the state House and Senate can form leadership committees. Because Georgia has not yet held its gubernatorial primaries and won’t until 24 May, Ms Abrams is not yet eligible – while current Governor Brian Kemp, who is favoured to be re-nominated in his Republican primary against former US Senator David Purdue, has already started fundraising through his own committee.

But Ms Abrams believes that she should be declared the Democratic nominee effective immediately, as she has no opponent in the Democratic primary, write-in votes are not allowed, and the window to file to run is closed. The state’s Democratic party chair, US Representative Nikema Williams, wrote in an affidavit that she recognises Ms Abrams as the nominee.

“As a direct consequence [of Ms Abrams not yet being recognized as the Democratic nominee] 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,” the suit reads.

Mr Kemp, who narrowly defeated Ms Abrams for governor in 2018 in a race marred by allegations of Republican voter suppression, has already taken full advantage of his ability to form a leadership committee – raising more than $2m for his campaign efforts since signing the law last year.

That head start in fundraising – particularly if it continues over the next two months – could be important, as the likely rematch between Mr Kemp and Ms Abrams this fall is projected to be exceedingly expensive. Spending in the 2018 Georgia governor’s race eclipsed $100m, while spending on the state’s two critical 2020 Senate elections shattered national records.

Ms Abrams, considered a rising star in Democratic politics since her first run for governor, sat out those Senate contests eventually won by Democrats Jon Ossoff and Raphael Warnock to set up a rematch with Kemp.