Why two top Georgia Republicans were in court fighting over money

Credit: Arvin Temkar/AJC

Credit: Arvin Temkar/AJC

Calvert said the fact that one candidate can raise unlimited cash while the other can’t seems unfair. But she did not say it was illegal. She’s expected to rule soon on Carr’s request for a preliminary injunction. Previous rulings in federal court have limited the use of Georgia’s leadership committees in some circumstances.

The dispute focuses on a 2021 state law that allows certain candidates and elected officials to create committees that can raise unlimited amounts of cash, collect money during the legislative session and coordinate with candidates’ campaigns.

Only the governor, lieutenant governor, candidates who win their party’s nomination for those offices and legislative leaders of both parties can create leadership committees. Under Georgia law, other candidates — like Carr — are subject to contribution limits, and legislators and statewide elected officials are prohibited from raising money during the legislative session.

Carr’s lawsuit says Jones’ WBJ Leadership Committee gives him an illegal advantage as they compete against each other for the Republican nomination. Campaign records show Jones’ committee has received individual contributions of up to $250,000, while the maximum contribution Carr can accept is $8,400.

Carr also had to stop raising money during this year’s legislative session. Jones’ committee raised more than $750,000 during the session, campaign records show.

Credit: AP

Credit: AP

Carr isn’t the first candidate to claim such advantages are unfair and illegal.

In 2022, Republican David Perdue and Democrat Stacey Abrams challenged Gov. Brian Kemp’s ability to use his leadership committee. In those lawsuits, a federal judge prohibited Kemp’s committee from raising and spending money before he won the Republican nomination for reelection.

Bryan Tyson, Carr’s lawyer, asked Calvert to issue a similar injunction against Jones’ committee. He said Jones’ decision to use his leadership committee to support his candidacy in the Republican primary creates an unfair advantage. Tyson said Jones did so despite knowing the previous rulings prevented such actions in the cases brought by Perdue and Abrams.

Among other things, Tyson also asked the judge to prohibit Jones from lending the committee money until after the primary (Jones has lent the committee $10 million to date) and to appoint a magistrate to oversee spending by Jones, his leadership committee and his regular campaign committee.

Josh Belinfante, Jones’ lawyer, argued that the previous court rulings were wrongly decided. And he said the judge in those cases issued preliminary injunctions but never officially ruled that Kemp’s committee’s actions were unconstitutional, so Jones was not bound to heed those decisions.

Belinfante also argued that Carr can lend money to his own campaign and coordinate with other established leadership committees — putting him on an equal footing with Jones. And he argued the relief Carr is seeking goes far beyond that granted to Perdue and Abrams.