(Bloomberg) -- Georgia’s closely watched race for governor heated up again this week as Democrat Stacey Abrams sued for the right to use a fundraising vehicle that has so far only been available to incumbent Republican Brian Kemp. 

Abrams’s filing in federal court Monday is the second lawsuit in as many months against Georgia’s “leadership PACs,” special political action committees created by legislation Kemp signed last year. The PACs allow a handful of incumbent state leaders, including Kemp, to raise unlimited amounts of money from donors. The leadership PACs can also coordinate with campaigns on spending, unlike outside groups.

Challengers can form the new committees, too, but only after they are their party’s official nominee, which gives incumbents a healthy head start. The two parties don’t officially choose their nominees until late May, or June in the event of a runoff.

Kemp’s leadership PAC, Georgians First, has collected $2.3 million in donations as large as $100,000. State law limits traditional campaign donations to $7,000 in a primary, $7,600 in the general election and $4,500 in a runoff election, according to Abrams’s lawsuit.

Georgia is a national battleground, with former President Donald Trump betting heavily on a slate of primary challengers to incumbent Republicans he blames for failing to overturn his 2020 loss in the state. His attempt to unseat a sitting Republican governor -– he has endorsed former U.S. Senator David Perdue -- could test his continued sway over the party. 

Abrams’s future as a national political leader is also at stake. Abrams, who narrowly lost to Kemp in 2018, has become a leading voice on voter rights. Her organizing strategy in Georgia is widely credited with Biden’s victory there, as well as the election of two Democratic U.S. senators.

Incumbent Advantage

Fights over fundraising rules – and Kemp’s leadership PAC advantage in particular -- have been breaking out since the beginning of the year, when Perdue sued to stop him from using its funds against him in the primary. A federal judge enjoined Kemp from doing that in February, prompting state lawmakers to propose making it illegal for challengers to raise money during the legislative session: Campaign fundraising is already banned for incumbents during that window. That proposal so far appears stalled.

Abrams’s lawsuit asks for the right to create and use her own leadership PAC, One Georgia, immediately. Abrams registered the committee with the state after qualifying for the governor’s race two weeks ago. The lawsuit said she should be able to use it now, instead of waiting until the primary, because she is the only Democrat in the race.  It includes an affidavit from state party leader Nikema Williams saying that the party considers her its nominee.

So far, though, Abrams’s campaign has received no definitive answer from the state on whether it is legal to use One Georgia. The campaign filed the lawsuit because of fear that it would be prosecuted if it began raising money through it.

“Abrams –- the sole qualified and declared Democratic candidate for Governor of Georgia –- and her campaign committee will be unable to operate, control, chair or otherwise use One Georgia, a leadership committee properly constituted and registered to support her campaign,” according to the campaign lawsuit.

Kemp is leading the fundraising in the governor’s race so far, according to filings with the Georgia Government Transparency and Campaign Finance Commission.

In addition to his leadership PAC, Kemp has raised $11.4 million in the 13 months starting in January 2021 and has $12.7 million on hand, including funds raised in 2019.

Abrams’s one report shows $9.3 million in donations. Perdue, who entered the race in December, has raised $1.1 million.

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