Georgia's new election law - what other media is not telling you

 A news analysis

Before I jump into this, a few things.

1) Everything in quotes without attribution comes from SB 202.

2) You may not like what the law says. It is the law and flaming me over the law will only get you blocked.

3) My opinion is clearly my opinion. You may debate my opinion. Attack me or anyone else in the threads, you will be blocked. Stick to the subject.

4) A SERIOUS lot of what I read online from media outlets is not telling the whole story. Reasons behind the Legislature's decision, as explained in the law, are left out.

This is a long post. I tried to summarize what the public believes are important. The whole law is 96 pages.

What does the new Georgia elections law actually say?

Some parts of the new law appear to increase the chances to vote. Other parts appear to restrict voting.

State law calls a voter an "elector." Why? Because legislators and the court system do not have to make sense.

Here's a breakdown of the major parts of the law. Read the new law here https://www.legis.ga.gov/legislation/59827 .

STATE LEVEL

SB 202 sets up a process to appoint and remove members of a new state election board. This board has some powers that appear significant at first, but really amounts to very little.

INTIMIDATION HOTLINE

It creates a "voter intimidation and illegal election activities hotline." In other words, if someone is being harassed or sees illegal activities, they can call the hotline.

This is a good idea, but. Given the effectiveness of other state "hotlines" operated by the Attorney General and other state departments, this is not going to work. On election day, the hotline will be overwhelmed. The AG's office is not very responsive to requests for help anyway.

CANDIDATE DEATH

If a nonpartisan candidate dies before the election, the new law sets up procedures to handle that.

Of all the provisions of this law, this one is the most stupid.

"[S]uch candidate's name shall remain on the ballot and all votes cast for such candidate shall be counted. If the deceased candidate receives the requisite number of votes to be elected, such contest shall be handled as a failure to fill the office." The same applies to a runoff.

Our General Assembly is, point blank, STUPID on this one. If the person dies before the election, votes for that person should not count! While this kinda thing does not happen very often, it does and can. This creates unnecessary expense.

MAJORITY VOTE

Any candidate has to get majority of the votes cast for that office to take office, unless the law says otherwise. In other words, a candidate has to get 50% of the vote plus one vote to take office. Not precisely sure why this needed to be in the new law. An exception is granted for plurality elections.

Many small towns have plurality elections. Everyone runs on the same ballot. Districts are not used. The top vote-getters take office and no majority vote is needed. Ashburn, Rebecca and Sycamore operate this way.

The law is also specific about this. "If the municipal charter or ordinances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail."

MULTI STATE REGISTRATION ROLLS

Georgia will now participate in a multi-state voter registration system. This is aimed at reducing duplicate registration and removing dead voters from the voting list.

"Secretary of State shall obtain regular information from such entity regarding electors who may have moved to another state, died, or otherwise become ineligible to vote in Georgia."

Makes sense.

VOTER CHALLENGE

The ways someone can challenge a person's right to run for office and vote are changed.

"There shall not be a limit on the number of persons whose qualifications such elector may challenge."

The law requires a hearing within 10 days of the written challenge handed in. The new law also spells out the challenger has to prove his case.

SAFETY PAPER

Printed ballots now have to be on "safety paper" whatever that is. Making copies of ballots apparently is a problem.

"[B]allots shall be printed on security paper that incorporates features which can be used to authenticate the ballot as an official ballot but which do not make the ballot identifiable to a particular elector."

Again, this law does not say what the security paper is.

"Ballot duplication for provisional ballots and other purposes places a heavy burden on election officials. The number of duplicated ballots has continued to rise dramatically from 2016 through 2020."

PROVISIONAL BALLOTS

Provisional ballots are also addressed. Among other things, voters now are told to vote in their precinct instead of whatever polling place they show up to.

"Electors voting out of precinct add to the burden on election officials and lines for other electors because of the length of time it takes to process a provisional ballot in a precinct."

If they cannot get to their precinct, they can vote a provisional ballot "after 5:00 P.M. and before the regular time for the closing of the polls on the day of the primary, election, or runoff."

For some reason, this law uses the word "runoff" and sometimes "run-off." I imagine someone had a valid reason for this, but I'm not researching that part.

Election officials reifying  provisional ballots can also use "but are not limited to, information from the Department of Driver Services, Department of Family and Children Services, Department of Natural Resources, public libraries, or any other agency of government including, but not limited to, other county election and registration offices."

ABSENTEE BALLOTS (a whole lotta info!)

 

Changes are made to the way people can ask for absentee ballots and how the ballots are handled.

"[T]he enthusiasm of some outside groups in sending multiple absentee ballot applications in 2020, often with incorrectly filled-in voter information, led to significant confusion by electors."

In other words, some people got multiple letters about absentee ballots. This created confusion. Some people thought they had to request an absentee ballot. Others thought they were getting an absentee ballot automatically.
https://www.wsbtv.com/news/local/atlanta/absentee-ballot-applications-private-groups-causing-confusion/ZSEWON2WUVGS5BK2ZHDSRZURBI/

Also, "The lengthy absentee ballot process also led to elector confusion, including electors who were told they had already voted when they arrived to vote in person." This happened.
https://www.nytimes.com/2020/09/08/us/politics/georgia-double-voting.html

Who can request a ballot has changed.

"In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over."

Applications for the absentee ballot has to be done "on the form made available by the Secretary of State. In order to confirm the identity of the voter, such form shall require the elector to provide his or her name, date of birth, address as registered, address where the elector wishes the ballot to be mailed, and the number of his or her Georgia driver's license or identification card issued."

An exception is granted for people who do not have a state driver's license or DMV ID card.

"If such elector does not have a Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the elector shall affirm this fact in the manner prescribed in the application and the elector shall provide a copy of a form of identification listed in subsection (c) of Code Section 21-2-417."

Read that code section - https://law.justia.com/codes/georgia/2010/title-21/chapter-2/article-11/part-1/21-2-417/

Other forms of ID are:

• US passport
• Military ID card
• Tribal ID card

If the voter can't do any of that, he can vote a provisional ballot. "Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in subsection (a) of this Code section within the time period for verifying provisional ballots."

A lot of people object to the voter ID law. ID is required to do many other things, at least two of which are also Constitutional rights:

• Buy a gun.
• Buy alcohol. The 21st Amendment makes alcohol a right. https://en.wikipedia.org/wiki/Twenty-first_Amendment_to_the_United_States_Constitution

While not a Constutional right, a valid ID is needed to fly.

Identification laws are very controversial.

The application for an absentee ballot will be posted online.

Other groups who send out absentee ballot must use the official form for the voter to apply for the ballot. Their mailing must include this phrase:

"This is NOT an official government publication and was NOT provided to you by any governmental entity and this is NOT a ballot. It is being distributed by [insert name and address of person, organization, or other entity distributing such document or material]."

This part of the new law also has requirements for how the notice must appear.

With exceptions for handicapped folks or those in jail or prison, an absentee ballot must be mailed to the permanent address on record at the elections office. Exceptions are also made for folks under the federal Uniformed and Overseas Citizens Absentee Voting Act. Ballots, except as noted, cannot be mailed to temporary addresses or out-of-county addresses.

Only one absentee ballot will be mailed.

NPR reports Georgia had at least 1,000 cases of people voting twice.
https://www.npr.org/2020/09/08/910653086/georgia-reveals-double-voting-cases-but-no-evidence-of-malign-intentions

A lawsuit filed in December claims people from out of state came here to vote in the US Senate runoff.
https://www.savannahnow.com/story/news/2020/12/18/lawsuit-claims-out-staters-coming-ga-vote-senate-runoff-ossoff-warnock-perdue-loeffler-lin-wood/3961950001/

If the application is incomplete or filled out wrong, the elections people "should promptly write contact the elector in writing to request the necessary additional information and a signed copy of the oath."

The new law sets a defined period for absentee voting in hopes of ending this confusion.

"[M]any absentee ballots issued in the last few days before the election were not successfully voted or were returned late."

Absentee voting, with some exceptions, can start 78 days before the election day. Absentee ballots have to at the elections office at least 11 days before the election day. Some exceptions are allowed.

Absentee ballots can be counted early. This should speed up the vote count process.

Absentee ballots can be mailed or delivered to other offices if the election superintendent sets up such places. Advance voting can also be allowed at places other than the elections board office.

"[P]rovided that any such site is a building that is a branch of the county courthouse, a courthouse annex, a government service center providing general government services, another government building generally accessible to the public, or a location building that is used as an election day polling place, notwithstanding that such location building is not a government building."

Drop boxes to collect absentee votes are allowed. Absentee ballots must be collected each day during advance voting.

If information on the absentee ballot doesn't match voter's information on file, "the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor." The voter must be told and has until the end of provisional vote counting to provide the needed information.

The requirement to match signatures is removed from the law. This makes sense. Even handwriting experts with years of experience can have problems verifying signatures.

Opening and counting absentee ballots must be done so the public can watch. "The proceedings set forth in this paragraph shall be open to the view of the public, but no person except one employed and designated by the superintendent shall touch any ballot or ballot container."

 

ADVANCE VOTING

Advance voting times and procedures are changed.

"More than 100 counties have never offered voting on Sunday and many counties offered only a single day of weekend voting. Requiring two Saturday  88 voting days and two optional Sunday voting days will dramatically increase the total voting hours for voters across the State of Georgia, and all electors in Georgia will have access  90 to multiple opportunities to vote in person on the weekend for the first time."

Advance voting begins: "On the fourth Monday immediately prior to each primary or election; and as soon as possible prior to a runoff from any other general primary or election but no later than the second Monday immediately prior to such runoff and shall end on the Friday immediately prior to each primary, election, or runoff."

Advance voting is 9 a.m.-5 p.m. weekdays, except on official holidays and the 3rd Saturday from 9 a.m.-5 p.m. At the elections superintendent's option, advance voting can be 7 a.m.-7 pm. weekdays. The superintendent can set advance voting on the 2nd and/or 3rd Sunday prior to the election. The elections superintendent sets the Sunday hours, but it cannot be longer than 7 a.m.-7 p.m. Exceptions are made for official holidays.

"The lengthy nine-week runoffs in 2020 were exhausting for candidates, donors, and  120 electors."

POLL MONITORS

Poll monitors from the various parties are allowed. Republican, Democrat and Libertarian parties are the most common. If the only item on the ballot is a referendum, the chief judge of the Superior Court must appoint two monitors. Must. Not optional.

Poll watchers are also allowed. "No person shall be eligible to serve as a poll watcher unless he or she has completed training provided by the political party, political body, or candidate designating the poll watcher." The Secretary of State will provide training materials.

 

POLL HOURS

If needed, the hours at a specific polling location can be extended by order of a superior court judge for the county.

BAD BALLOTS

Handling defective (bad) ballot now has a set procedure.

"If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his or her discretion, may order the proper election official at the tabulating center or precinct a duplication panel to prepare a true duplicate copy for processing with the ballots of the same polling place, which shall be verified in the presence of a witness. In a partisan election, the duplication panel shall be composed of the election superintendent or a designee thereof and one person appointed by the county executive committee of each political party having candidates whose names appear on the ballot for such election, provided that, if there is no organized county executive committee for a political party, the person shall be appointed by the state executive committee of the political party. In a nonpartisan election or an election involving only the presentation of a question to the electors, the duplication panel shall be composed of the election superintendent or a designee thereof and two electors of the county or municipality."

This section of the law continues to cover multi-county elections, but says the same thing.

COUNTS AFTER THE ELECTION

Recounting the ballots after the election must be done in public. Candidates attending this count are allowed to keep their own records of the count.

"The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his or her office or at some other convenient public place at the county seat or municipality following the close of the polls on the day of such primary or election with accommodations for those present insofar as space permits. An interested candidate or his or her representative shall be permitted to keep or check his or her own computation of the votes cast in the several precincts."


Runoff elections have some changes. If a person in a runoff dies before the runoff, the other two top vote-getters go into the runoff.

This makes sense.

In a local race, a runoff election "must be held on the twenty-eighth day after the day of holding the first primary or election, unless such run-off date is postponed by court order."

In this case, it appears any court can order a postponement. This also makes sense.

FILLING OFFICES

When the governor can appoint someone to fill a vacated office, a new set of rules is in place. This is probably a direct result of the US Senate seat held by Johnny Isakson, filled by Kelly Loeffler and then won by Raphael Warnock. I say probably because there's little way of telling how the General Assembly thinks, when the members bother to think at all.

"At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same."

In other words, the special primary and election campaign season has to be at least 29 days long. Qualifying for the election has to be at least 2.5 days.

If the special primary or special election falls at the same time as a general primary or general election, the campaign season has to start at least 90 days before the election.

Special primaries and elections can only be held:

Odd numbered years - (i) The third Tuesday in March;
(ii) The third Tuesday in June;
(iii) The third Tuesday in September; or
(iv) The Tuesday after the first Monday in November; and

Even numbered years -
"(i) 3rd Tuesday in March," except in a presidential preference primary year when the special election is held on that day.
(ii) During the General Primary
(iii)The Tuesday after the first Monday in November.

The idea that all this is based on the Isakson-Loeffler-Warnock election is borne out in Section 45. "Whenever a vacancy shall occur in the representation of this state in the Senate of the United States…"

This section of the law also spells out when that Senate election can be held.

SCANNING BALLOTS

A pilot program to scan and publish ballots is in the law. The Secretary of State is in charge of this, but no details are given.

BALLOT INSPECTIONS

 

Inspecting and copying original ballots by certain people after the election is now allowed.

MACHINE SETUP

The public is allowed to see voter machine setup and the counting process. Machines have to be tested and the public told about the testing so they can attend.

VOTER PRIVACY

Voters must be allowed to vote so that no one can see how they vote. Taking pictures of ballots is illegal.

VOTING OVERSIGHT

"Elections in Georgia are administered by counties, but that can lead to problems for voters in counties with dysfunctional election systems. Counties with long-term problems of lines, problems with processing of absentee ballots, and other challenges in administration need accountability, but state officials are limited in what they are able to do to address those problems."

In other words, counties with voting problems are now subject to state oversight.

ABOUT THAT FREE WATER

 

What other people can give voters standing in line is limited. This is part of a far-reaching effort to protect voters.

"The sanctity of the precinct was also brought into sharp focus in 2020, with many groups approaching electors while they waited in line. Protecting electors from improper interference, political pressure, or intimidation while waiting in line to vote is of paramount importance to protecting the election system and ensuring elector confidence."

This is called "line warming."

"The secretary of state referred to the practice as 'line warming' - i.e., warming up the people in line to your position as you give them free pizza, for example," reported an Atlanta TV station.
https://www.11alive.com/article/news/politics/elections/georgia-elections-officials-line-warming-crackdown/85-afb28fc8-f0aa-4cab-800d-443bc58ddca8

"No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person give, offer to give, or participate in the giving of any money or gifts, including, but not limited to, food and drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths on any day in which ballots are being cast, (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place."

The polling location can have self-service water stations set up.

If you think line warning does not exist, you've likely never hung around the polls all day as observer.

I am not saying I support this provision of the law. Neither am I saying I oppose it. Rather, those of you who object to this, please tell me how you will stop line warming. Make it illegal? Already federal law.

"Rewarding voters with discounts or food quid pro quo is illegal when federal candidates are on the ballot. Accordingly, generally, these kinds of freebies are advertised as being for everyone in the general vicinity, whether or not they cast a ballot."
https://www.eater.com/21536548/feeding-voters-food-at-the-polls-election-day-voting

Federal law is also specific. Campaign materials, this includes signs and wearing shirts, and campaigning are not allowed with 150 feet of the building where the voting happens. In other words, if you show up to vote wearing a T-shirt that clearly supports a person, a party or an agenda, you are breaking federal law. If you have signs on your vehicle and you drive within 150 feet of the polling location, you are breaking federal law.

So tell me how you will stop line warming.

POSTPONED ELECTIONS

State and/or local elections can be postponed up to 120 days in case of an emergency. The State House of Representatives or the Senate Committees on Judiciary can overrule a postponing order.

LOCAL LEVEL

The bill allows the state to do a performance review of local election officials. The state or local elected boards can request the review.

It sets up a process for the state elections board to remove and appoint an elections superintendent and a board of elections. Before the bill, the local elections board and superintendent were generally under the County Commission's control.

This sounds like a major matter. It is not really. Given the scrutiny applied to Georgia's voting, existing laws and what SB 202 does, replacing the election superintendent has no effect on the ability of people to vote. As poll workers also have to be trained, before the election, replacing an elections superintendent during an election means the same people will continue to man the polls. Elections board members also need training to serve.

With the amount of public oversight and observation now allowed, an election superintendent has very little chance to do something really bad.

Further, the state can only take action against four election superintendents. If a 5th problem comes up, the state board has to abandon one of the four it is working on.

An elections superintendent has to:

• Commit at least three violations within 2 elections or 2 years

• Not correct those violations.

State Elections Board deliberations are held in secret. The vote and testimony must be done in a public meeting.

PROBATE OVERSIGHT

In some counties, the probate court oversees the elections. If the probate judge is not able to do the job, then the chief judge from the superior court circuit can appoint an elections superintendent and set the pay for the job.

REDUCE PRECINCT SIZE

Some precincts can be made smaller. The idea here is to speed up voting.

"If …a precinct contained more than 2,000 electors (voters) and if all those electors desiring to vote had not completed voting one hour following the closing of the polls, the superintendent shall either reduce the size of said precinct so that it shall contain not more than 2,000 electors."

More poll workers and more voting machines is another solution to the long lines.

The law puts this under the election superintendent's discretion. In other words, if the superintendent says it needs to happen, the city or county has to do it.

Polling places can also be changed.

"The superintendent of a county or the governing authority of a municipality shall select and fix the polling place within each precinct and may, either on his, her, or its own motion or on petition of ten electors of a precinct, change the polling place within any precinct."

The public must be told when a polling place is moved. A notice has to be published in the local legal organ (newspaper) and signs posted around the polling place.

MOBILE POLLING PLACES

Limits are put on mobile polling places, such as buses.

In selecting polling places and advance voting locations, the superintendent of a county or the governing authority of a municipality shall select, wherever practicable … schoolhouses, municipal buildings or rooms, or other public buildings for that purpose."

Mobile polling locations are only allowed in emergencies as declared by the governor.

BALLOT INFO

The precinct name and designation (whatever that is) must appear on the ballot.

OPTICAL SCANNING & VOTING BOOTHS

If the election uses "optical scanning voting systems", a computer that reads the ballot, in a state-wide general election each polling place must have one voting booth for each 250 voters.

This one doesn't make a lot of sense to me in light of the other ways the law tries to reduce time spent waiting in line. Gonna be a huge waste of money.

Fortunately, an exception is granted. The elections superintendent can set the number of voting booths to accommodate voters.

NO PRIVATE $

Local elections boards cannot accept private money.

"Some counties in 2020 received significant infusions of grant funding for election operations, while other counties received no such funds. Promoting uniformity in the distribution of funds to election operations will boost voter confidence and ensure that there is no political advantage conferred by preferring certain counties over others in the distribution of funds."

In other words, taxpayer dollars have to pay for the election. Cities must foot the bill for city elections. Counties have to pay for county elections.

POLL WORKERS

Poll workers can come from other counties. In other words, someone living in Colquitt County could be a poll worker in Tift County and vice versa.

"Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be  judicious, intelligent, and upright citizens of the United States, residents of or otherwise  employed by the county in which they are appointed." An exception is granted.

If needed, a poll worker can come from an adjacent county, if that person is otherwise qualified and the election has a need for more workers than it has locally.


Home rule is changed. Now in places with districts, changing those districts has to wait until the Census is complete.

RESULTS POSTING

Results have to be posted by 10 p.m. on election night. The law has no provision for extending this deadline.

I'm just guessing - with the state legislature that is always a very serious risk - if the power goes out, Internet goes out, printer and computers die, the deadline will extend.  The problem is the 10 p.m. deadline is absolute. In plenty of other places in SB 202, exceptions are granted and explained.

No word on what will happen if the Elections Office doesn't meet the 10 p.m. deadline.

Another case of the elected reps in Atlanta not bothering to think something through.

REFERENDUMS

Local referendums can only be held:

"In odd-numbered years, any such special election shall only be held on the third Tuesday in March or on the Tuesday after the first Monday in November."

"In even-numbered years, any such special election shall only be held on:
i) The date of and in conjunction with the presidential preference primary if one is held that year;
(ii) The date of the general primary; or
(iii) The Tuesday after the first Monday in November."

Recall elections continue to be governed by laws created in 1989.

The referendum must have at least 29 days between the call of the election and the election date.

MAGISTRATE COURT

If a magistrate court judge dies, retires or resigns while in office, the governor appoints a replacement. That appointment is good until the next general election and when the new judge is sworn in Jan. 1.