Fulton County has been sanctioned by state regulators for twice mailing 226 people incorrect absentee ballots during the 2010 gubernatorial election. The State Election Board also slapped the county for hand-delivering an absentee ballot to a man after he complained he didn’t get one, which is against state elections rules.
Fulton County made an array of errors in the July 31 primary, putting voters in the wrong elections, declaring results to the state more than an hour late and producing data that doesn’t add up. Now state elections officials want to know whether Fulton performed poorly enough to throw off some of the final results, a spokesman for Secretary of State Brian Kemp confirmed. The state has launched an investigation into the county’s elections procedures. “I wouldn’t restrict it or limit it to any race at this point,” Kemp spokesman Jared Thomas said, declining to elaborate.
Georgia Secretary of State Brian Kemp said he is concerned about “numerous and substantial issues” surrounding Tuesday’s primary election in Fulton County and more concerned with a lack of communication with local voting officials. WSB-TV reports that Fulton County was scheduled to certify the results of Tuesday’s primary by noon Saturday. That deadline came and went. Now county election officials plan to meet Monday night.
Candidates in this year’s Primary Election were left waiting for results from 1,500 mail-in absentee ballots, well in to the early morning hours on Wednesday. Election officials blame a computer communication error for the delay. Absentee by mail ballots come from all over the county from folks who knew ahead of time they could not vote in person in the 2012 primary. To count them, they must be imported in to a computer using an optimal scan unit. That computer is supposed to “talk” to another computer that then totals the results. When it became clear the machines weren’t communicating with each other, officials were forced to re-scan all 1,500 ballots.
Floyd County Elections Board Chairman Pete McDonald said the malfunctioning touch screen voting machine at Alto Park has been sent to the manufacturer in an attempt to access the 85 uncounted votes it holds. McDonald said Merle King at the Georgia Elections Center at Kennesaw State University reported that attempts to retrieve the election data from the memory card or from the archive memory were unsuccessful.
State lawmakers will have to consider getting rid of runoff elections in Georgia next year – at least those involving federal candidates in general elections – because of a recent ruling by a U.S. district judge requiring 45 days for ballots cast by members of the U.S. military to make their way home, Secretary of State Brian Kemp on Monday. Ballot requirements insisted on by the U.S. Justice Department and upheld by the court last week all but invalidate a current state law requiring that winners in all general elections receive 50 percent plus one vote, Kemp said – given that federal runoffs in those contests would have to be delayed until late December. “We’d be voting during Christmas. There may be people getting certified while other people are getting sworn in. It’s really a logistical nightmare,” Kemp said.
The federal government has sent a letter to Georgia officials saying the state’s schedule for runoff elections violates federal law on military and overseas absentee ballots and threatening a lawsuit if the matter isn’t resolved quickly. U.S. Assistant Attorney General Thomas Perez on June 15 sent the letter to Attorney General Sam Olens and Secretary of State Brian Kemp. Olens’ office declined to comment on the letter, but Kemp said the state is in the middle of the primary election and doesn’t intend to make changes suggested by federal officials. Runoff elections are required in Georgia if no candidate earns more than 50 percent of the vote. Federal law requires that absentee ballot be sent to military and overseas residents at least 45 days before federal elections, including runoffs, the letter says.
The federal government has sent a letter to Georgia officials saying the state’s schedule for runoff elections violates federal law on military and overseas absentee ballots and threatening a lawsuit if the matter isn’t resolved quickly. U.S. Assistant Attorney General Thomas Perez on June 15 sent the letter to Attorney General Sam Olens and Secretary of State Brian Kemp. Olens’ office declined to comment on the letter, but Kemp said the state is in the middle of the primary election and doesn’t intend to make changes suggested by federal officials. Runoff elections are required in Georgia if no candidate earns more than 50 percent of the vote. Federal law requires that absentee ballot be sent to military and overseas residents at least 45 days before federal elections, including runoffs, the letter says. Georgia’s state primary runoff is scheduled for three weeks after the state primary election, and Georgia’s general election runoff is scheduled for four weeks after the general election. Both of those elections have federal offices on the ballot, and the time between the election and the runoff is less than 45 days in both cases.
Hundreds of senior citizens at a Southwest Atlanta high rise are concerned they may lose their right to vote. Betty Walton has lived at the Atrium at Collegetown for nearly a decade, but according to Fulton County, her address isn’t real. “That doesn’t make any sense. You can see the building, so it does exist,” said Walton. Walton is one of hundreds of seniors who may soon be removed from the voter rolls because of a mistake by the Fulton County Department of Registration and Elections. About a week ago, the department sent out a letter telling Walton and others like her that they had to provide proof that their address was valid. The letter said if they didn’t, they would be purged from the voter rolls.
A group of seniors living in a West End high-rise were recently sent letters from Fulton County’s Department of Registration and Elections saying they were in jeopardy of being purged from the voter rolls. County officials have since apologized and said those voters are not being removed, but a Democratic state senator remains concerned. Senator Vincent Fort says approximately 3,000 residents received the letters and were informed they were in danger of being removed from the voter rolls because their addresses no longer existed, and residents were told to attend a hearing to confirm their address. Election officials say after realizing the addresses were current they sent residents another notice saying they would not have to attend the hearing. But Senator Fort says approximately 1,200 who did not respond to the election department were nearly purged from voter rolls last week by the county’s election board, but the board ultimately decided against removing the residents. Fort says says a board member made a motion to remove the voters, but the motion was not seconded. But the state senator says he remains worried about what could happen on election day.
The state of Georgia has settled a lawsuit by agreeing to provide the opportunity to register to vote every time people apply for public assistance benefits, a coalition of civil rights groups said Thursday. Georgia Secretary of State Brian Kemp, who signed off on the agreement, condemned the litigation. He said the settlement will cost taxpayers hundreds of thousands of dollars to comply with “outdated and unneeded federal voter registration mandates and in attorneys fees paid to venue-shopping interest groups.” The lawsuit alleged the state had been ignoring its obligations under the National Voter Registration Act. The settlement details procedures the state must follow for distributing voter registration applications to public assistance clients when they arrive in person or contact the Department of Human Services by phone, over the Internet or by mail.
Georgia’s voter registration process could add an online option under a proposed bill that includes the technology provision as one of several updates to the state’s current voting laws. HB 899, sponsored by Rep. Buzz Brockway, would allow the secretary of state’s office to develop an online system voter registration system for state residents. Applicants must have a Georgia driver’s license or identification card from the Department of Driver Services, and the information would be matched to the state’s Driver Services database. The bill was passed by the House on Monday and is on its way to the Senate for consideration.
In most states, independent and third-party candidates have to leap some hurdles to put their names in front of voters. In Georgia, the barriers build up to a wall. A proposed rewrite of ballot laws now seems likely to overlook a key committee’s advice and leave the biggest brick untouched. “If I wanted to run as an independent for the Bibb County Commission chair’s job,” said Macon businessman Tom Wagoner, “I was required by law to get a petition signed by 4,500 registered voters in the county.” Anyone who wants to run for county or district elected office has to get signatures from 5 percent of their prospective voters — people registered during the previous election. Getting on a statewide ballot, for governor or a U.S. Senate seat for example, would take about 58,000 signatures, 1 percent of Georgia’s registered voters.
The Georgia House of Representatives is considering making some changes to the state’s voter ID law. Representative Alisha Thomas Morgan (D-Austell) has introduced a bill that would allow students at private colleges or universities to use their school ID to vote. Under the current law, one must present a photo ID to vote in Georgia. State school-issued IDs are already accepted.
When the U.S. Department of Justice announced Friday that it was approving Georgia’s new House, Senate and Congressional district maps, it was the first time ever that all three Georgia maps had been “pre-cleared” on the first try.
“I am proud to say that this year was the first time Republicans ever controlled the redistricting process and both the process and the product were very different than anything Georgia has seen before,” said former state senator Mitch Seabaugh, R-Sharpsburg. Seabaugh, now deputy state treasurer, served as chairman of the Senate Reapportionment and Redistricting Committee this summer.
Roderick Derun Gay is again trying to overturn another College Park election he contends was stolen from him. AJC file Roderick Derun Gay filed a lawsuit asking the Fulton County Superior Court to throw out Mayor Jack Longino’s victory in the College Park election on Nov. 8.
Gay, 52, said Monday that he filed a lawsuit asking the Fulton County Superior Court to throw out Mayor Jack Longino’s tsunami-like victory on Nov. 8 because he said the election was “illegal and the votes certified are false.” Longino, 58, was dismissive about the lawsuit. “I think it’s about a sore loser,” he said. Gay said City Clerk Lakeitha Reeves, who served as the election superintendent, refused to allow him or his representative to inspect the tally from electronic voting machines or examine the absentee ballots cast.
The state of Georgia wants three federal judges in Washington to declare a portion of the Voting Rights Act unconstitutional. Georgia filed suit earlier this month asking that the court approve Republican-backed plans to redraw the state’s legislative and congressional districts. But in that filing, the state asks that if the court rejects its redistricting plans, that it also rule the law that requires that approval to be unconstitutional.
Georgia is one of nine states that must get any change in election law, including district maps, pre-approved by either the Justice Department or the federal court in Washington. That preclearance is required by Section V of the Voting Rights Act, the landmark 1964 law passed in the wake of Jim Crow and voting laws aimed at limiting the ability of African-Americans to vote.
“The state of Georgia and its voters are being subjected to the continued extraordinary intrusion into its constitutional sovereignty through Section 5 and its outdated preclearance formula based upon discriminatory conditions that existed more than 47 years ago but have long since been remedied,” the state says in its filing.
Georgia is challenging the constitutionality of a clause in the 1965 federal Voting Rights Act. The challenge is part of a lawsuit filed last week that seeks approval for Georgia’s new redistricting maps. Under the Act, the state can’t eliminate districts where minorities comprise more than 50 percent of the population. Georgia is one of nine states that also must receive so-called “pre-clearance” from the federal government for any election map changes.
State Attorney General Sam Olens calls this requirement a scarlet letter for Georgia that’s unfair because it’s based on a racial climate that no longer exists. He says he supports other provisions in the law.
“Whenever a government attempts to reduce the rights of minority voters, that’s clearly wrong, and clearly unconstitutional,” he said in an interview. “The only issue that we’re discussing is pre-clearance, and whether those nine states should be treated differently than other states.”
In his June 23 letter, Georgia’s secretary of state, Brian Kemp, said his state’s photo ID law, which requires a photo ID for in-person voting, is necessary because “every year we investigate and penalize hundreds of people guilty of election and voter fraud.” He failed to note, however, that when Georgia’s photo ID law was challenged in federal court in 2005, the state was unable to point to a single instance of fraudulent in-person voting.
He also claimed that the photo ID law does not “reduce turnout among minority groups.” Again, he did not note the federal court’s finding that the photo ID law “is most likely to prevent Georgia’s elderly, poor, and African American voters from voting. For those citizens, the character and magnitude of their injury — the loss of their right to vote — is undeniably demoralizing and extreme.”
Representing a coalition of voting rights, civil liberties, and minority rights groups, Dechert filed suit in an Atlanta federal district court on Monday accusing Georgia state officials of neglecting their obligations under federal law to provide voter registration services to low income residents at public aid offices.
Under the National Voter Registration Act of 1993 (NVRA), states are required to distribute registration forms every time an individual fills out an application for public assistance (such as food stamps or Medicaid). The law, known as the “motor voter” law, was passed during the Clinton Administration and also required state motor vehicles departments to provide voter registration applications. Dechert, which is working pro bono, filed the complaint on behalf of the Georgia State Conference of the NAACP and the Coalition for the Peoples’ Agenda.
Two bills authored by District 23 state Rep. Mark Hamilton were recently signed into law by Gov. Nathan Deal. House Bill 92 shortens the early voting period from 45 to 21 days as a cost-saving measure. It also requires polls to be open on one Saturday during the early voting period to improve access for…
Georgia’s election law should be changed to allow more third-party candidates, voting machines with paper records and vetting of presidential hopefuls, according to 19 witnesses at Wednesday’s initial meeting of the Georgia Election Advisory Council. Secretary of State Brian Kemp, whose office oversees elections, conceived the council and appointed it 15 members of legislators, academics…
Georgia’s top court has upheld a state law that requires voters to show photo identification before they cast ballots. The Georgia Supreme Court’s 6-1 decision Monday is the latest court ruling to conclude that the rules are constitutional. The decision found the 2006 law was a “minimal, reasonable, and nondiscriminatory restriction.” Georgia attorneys said the…