The State Ethics Commission voted Dec. 4 to find reasonable grounds to believe the Georgia Republican Assembly Inc. violated Georgia campaign finance law after staff presented documentary evidence that tied PAC activity and independent expenditures to the group and to its affiliated GRA Pack LLC.

Staff attorney Derek Baywell told commissioners that investigators tracked payments, mailers and digital advertising paid from GRA Pack LLC accounts and found repeated references across bylaws, emails and fundraising materials that linked the pack’s activity to GRA’s membership and leadership. "When you have 5 dual board members of 7, that's 70%," Baywell said while describing how overlapping directors create a rebuttable presumption of control under the staff's corporate-law analysis.

Baywell said his office began by reviewing GRA Pack LLC’s filed reports and subpoenas to vendors; staff then received responsive documents from GRA Inc. showing bylaw provisions, fundraising emails and web pages that, he said, repeatedly promoted the pack as "our GRA pack" and used GRA-affiliated messaging and addresses. Staff also presented a sampling of checks and invoices to argue that several independent expenditures were not reported in the manner required by statute.

Counsel for GRA Inc., appearing under a special appearance, disputed jurisdiction and said the corporate records show separate formations, separate bank accounts and no mechanism by which GRA Inc. could have compelled or controlled the pack’s filings. "Our position is that there are not reasonable grounds to go forward at this point with further investigation" against GRA Inc., counsel said, adding that GRA Inc. does not make expenditures to support candidates and that GRA Pack was formed and operated separately.

Commissioners pressed both sides on legal theories: staff cited the statutory definition that an independent committee can be an "association, partnership, or other group of persons" (OCGA §21-5-3) and argued the record supports either statutory jurisdiction or corporate alter-ego liability; defense counsel emphasized corporate formalities and independent bank accounts.

After the discussion, the commission voted to find reasonable grounds that Georgia Republican Assembly Inc. violated OCGA §21-5-34(f)(1) by failing to register as an independent committee and that the entity failed to file numerous supplemental and pre-election disclosure reports and to itemize independent expenditures as required. Commissioners listed the reporting periods and dozens of individual expenditures alleged in staff’s presentation. The motions carried by voice vote.

The commission’s finding at the "reasonable grounds" stage does not decide guilt; it authorizes referral to the Office of State Administrative Hearings for further proceedings. Staff stated the matter will be referred after statutory notice periods so respondents may seek resolution or proceed to administrative hearing.