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Officials disputing state law

Web posted May 2, 1998

By Lawrence Viele
Morris News Service

ATLANTA -- Hundreds of candidates for political office qualified for Republican and Democratic primaries this week with the help of government employees working on government time.

A state law says government employees are not allowed to directly or indirectly contribute to any political organization. But party leaders say it's legal, that they have done business that way for years, and neither side has ever complained.

If there is no law specifically against state employees taking party qualifying fees, the policy may bear a second look, said Stephen Alfred, executive director of Common Cause, a government watchdog group.

``Most states would not permit governmental employees to politic. It seems to be that is not something taxpayers' money should be used for,'' Mr. Alfred said.

Party leaders defended the practice.

``It's always been this way. They've always used the Capitol. They've always used the people here,'' said Steve Anthony, executive director of the state Democratic Party.

``They aren't violating any law. There is no impropriety.''

Georgia GOP Chairman Rusty Paul agreed that using legislative secretaries to take checks for the parties is routine and proper.

``It's a government function. You have to have government involved,'' Mr. Paul said.

State Ethics Commission Executive Secretary Teddy Lee cited the ethics of the law when talking about the practice.

``The law, generally with regard to government personnel on government time, says no agency of government and no person acting on its behalf shall make directly or indirectly any contribution to any political organization, political-action committee, campaign committee or to any candidate,'' Mr. Lee said.

During the course of the week-long qualifying period, most partisan candidates came to the Capitol to qualify. Their fees and paperwork were handled by Republican and Democratic party staffers as well as legislative employees.

The fees run as high as $3,000 and are paid to the political parties. The state receives 25 percent of the fee, and the parties receive 75 percent.

Attorney General Thurbert Baker said the law does not prohibit state employees from handling party qualifying business.

His staff ``couldn't find anything in the law that prohibits or prevents the legislative branch from assisting in the qualifying process. You have to be very careful; you don't want to abuse it,'' Mr. Baker said.