Scopedog
Muse
- Joined
- Jan 8, 2012
- Messages
- 928
As a bit of an update, in Georgia, the Republican push to remove any hope of ousting Republicans in a fair vote continues.
Of special concern, though...
Yup. That's a remarkably easy rule to abuse to rig elections, right there. **** the Georgia GOP.
President Biden seemed to reference this at the press conference today so I think it's helpful to examine the claims of Daily Kos, Marilyn Marks, and Stacey Abrams:
1. " ... banning people from giving food and water to voters waiting in line, ... "
Title 18 U. S. Code § 597 states:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section597&num=0&edition=prelim
§597. Expenditures to influence voting
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote-
Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.
Free food and water for voters has apparently been specified as illegal in many jurisdictions but rarely enforced. This is California's rule for federal elections:
https://www.sos.ca.gov/elections/publications-and-resources/guide-vr-drives
You may not offer food, prizes, discounts, or any other form of compensation to encourage voter registration or to encourage people to vote in elections in which there is a candidate for federal office on the ballot (e.g., President, U.S. Senate, U.S. Representative).
I think offering food and water to people in a long line at a polling location in order to influence their decision to remain in line constitutes " ... compensation ... to encourage people to vote ... "
I don't have a position on whether the practice of offering food and water to voters in line should be prohibited or not. The new Georgia law says this in Section 32 at 1797:
"(e) This Code section shall not be construed to prohibit a poll officer ... from making available self-service water from an unattended receptacle to an elector waiting in line to vote."
2. " ... limiting early voting days for larger counties, ..."
I think this refers to Section 1 at 80 (and Section 27 at 1407) which states:
More than 100 counties have never offered voting on Sunday, while many metro Atlanta counties did so in 2020. As a result, standardized advance voting hours means a dramatic increase in voting hours for some counties with slight decreases in other counties, but uniformity across the state will be achieved and all voters in Georgia will have access to multiple opportunities to vote in person on the weekend for the first time;
Some counties have more days and/or longer times and others have less days and/or shorter times so some county's days and times would be reduced and others would be increased.
3. " ... and adding ID requirements to absentee ballots."
This is probably Section 24 at 884. I don't have a strong position about voter ID requirements. Georgia Code Title 21 § 21-2-417 offers various options.
4. " 'It's hard to express the danger of what it is they are trying to do,' she tells me, explaining how the State Board of Elections (currently a five-person board, with one Democrat) would 'be able to take over any County where they don't like how the County is counting the votes, how the County's election processes work...really with no due process. With just a few minor violations -- which anybody can find with any County -- the State Election Board can come swooping in [and] put their partisan appointee in the place of the public Board. They wipe out the public [County] Board of Elections and put one person in charge.' "
Section 6 (which adds 21-2-33.2. to the code) at 292 states in regards to removing and replacing election superintendents:
(b) In addition to the authority provided in Code Section 21-2-33.1 and notwithstanding any provisions of law to the contrary, upon receipt of a petition filed pursuant to subsection (a) of this Code section or a report under Part 5 of this article, the State Election Board may suspend a county or municipal superintendent pursuant to this Code section if at least three members of the board find, after notice and hearing, that:
(1) By a preponderance of the evidence, a county or municipal superintendent has committed at least three violations of this title or of State Election Board rules and regulations, in the last two general election cycles; and the county or municipal superintendent has not sufficiently remedied the violations; or
(2) By clear and convincing evidence, the county or municipal superintendent has, for at least two elections within a two-year period, demonstrated nonfeasance, malfeasance, or gross negligence in the administration of the elections.
Section 5 at 262 adds the following:
"(f) After following the procedures set forth in Code Section 21-2-33.2 [Section 6 above], the State Election Board may suspend county or municipal superintendents and appoint an individual to serve as the temporary superintendent in a jurisdiction. Such individual shall exercise all the powers and duties of a superintendent as provided by law, including the authority to make all personnel decisions related to any employees of the jurisdiction who assist with carrying out the duties of the superintendent, including, but not limited to, the director of elections, the election supervisor, and all poll officers.
(g) At no time shall the State Election Board suspend more than eight county or municipal superintendents pursuant to subsection (f) of this Code section.
(h) The Secretary of State shall, upon the request of the State Election Board, provide any and all necessary support and assistance that the State Election Board, in its sole discretion, determines is necessary to enforce this chapter or to carry out or conduct any of its duties."
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