ATLANTA — After a long debate and by a thin vote margin, the state ethics commission decided Tuesday to uphold a law that prevents lawmakers from raising campaign money during a legislative suspension — even if it is caused by a pandemic.

The debate and eventual decision stems from concerns expressed by dozens of incumbent lawmakers facing primary challengers June 9.

The commission voted 3 to 2 in support of an advisory opinion that bans fundraising while the legislative session is suspended during the coronavirus outbreak. Lawmakers are not allowed to raise funds until the General Assembly reconvenes and adjourns.

But with no word on when that might be, lawmakers are left waiting.

In an April 6 letter, Sen. Horacena Tate, D-Atlanta, asked the commission for clarification on the legality of lawmakers raising funds during the indefinite suspension that began March 12.

Matthew Weiss, Tate’s attorney, noted she faces three primary opponents who have the jump on campaigning while Tate can take no action. Weiss argued with no precedent set for a legislative suspension, the current situation can be likened to an adjournment.

Weiss said the suspension has “unintended consequences” and since there is no date set for lawmakers to return the suspension resolution should be treated as an adjournment.

Even assuming lawmakers returned to the Capitol at the end of the governor’s declaration of public health emergency, he said, coupled with the remaining 11 legislative days, it would leave less than a month for incumbents to raise campaign funds.

“There’s virtually no time for an incumbent in either house of the General Assembly to raise money before their primary, this is even after the primary has been pushed back several weeks by the secretary of state,” he said.

Rep. Micah Gravley, R-Douglasville, who does not face a primary opponent, said despite there being no word on when the legislature will reconvene, lawmakers are still required by law to pass a final 2021 budget before July 1.

“I don’t see how legislators, legally, could raise money or solicit for funds while there’s pending legislation out there,” he said.

Commission member Eric Barnum said bills passed in either chamber on Crossover Day are still live and, if lawmakers return, they must may cast votes for or against them. 

“If the idea is we don’t want our legislators being influenced by campaign contributions while legislation is pending,” he said, “we have to take that into consideration.”

Barnum said if legislators take campaign donations from legislative stakeholders, it could impact votes.

Separately, the commission passed a ruling that allows lawmakers to use their own personal funds for campaigning during the suspension, and then seek reimbursement when it ends.

Jake Evans, board chair, said he urges lawmakers to follow the guidelines upheld by the commission, suspecting the issue will come up again.

“These are very uncertain times. These are times that the law doesn’t always contemplate for, and I think the commission did the best job – and a good job – today making the most of what the law says to very unique and very unprecedented circumstances,” Evans said.