The Party Puppet: Brian Kemp
I have read all 98 pages of the new Georgia Law with the hefty title of “Election Integrity Act of 2021.” When words like “Integrity” or “Affordable” appear in the title of a law, one might be tempted to ask if that’s true. Today we’ll look at some of the fuss around this new Georgia voting law that one side calls a good move and the other side decries as the return of “Jim Crow” laws.
Let’s start with the bill’s preamble. The writers claim that this bill addresses problems with voting in Georgia. They start with this, “Following the 2018 and 2020 elections, there was a significant lack of confidence in Georgia election systems, with many electors concerned about allegations of rampant voter suppression and many electors concerned about allegations of rampant voter fraud.” That statement is true.
What makes this opening so remarkable is that from 2010 to 2018, Brian Kemp, the current Governor of Georgia, was the Secretary of State, the person in charge of elections. Stacey Abrams, the woman who ran against Kemp for Governor in the fall of 2018, claimed that voter suppression ran wild under Kemp. Is this new law correcting the things Kemp got away with or is it a wink and a nod to former president Donald Trump? Would an entire state legislature do this much work just to make Trump’s claim of voter fraud seem more real?
There are three things in play,1. There was a need to reform, clarify and codify various rules and regulations on elections that have been murky for years, 2. The realization that there were too many independent voting methods being used in Georgia’s 159 counties and 3. The state is getting bad publicity with long lines at polling places in the African American communities and appearing to cater to rich, white neighborhoods. By the way, Pennsylvania has a population of 12.8 million people in 67 counties. Maybe Georgia with its 10 million population should consider consolidating their 159 counties into a more manageable structure.
One aspect of the reform makes sense. Georgia has difficulty counting the ballots because each county has different procedures and abilities. Governor Kemp seems to be a spacey kind of guy without a profound understanding of many issues. In April of 2020 he admitted to just learning that asymptomatic people can spread coronavirus, a well-known fact that was discussed on the Coronavirus Task Force conference calls much earlier. He exclaimed surprise by saying, “This is a game changer for us!” and then he announced a shelter-in-place order in the state. He was also one of the first governors to reopen his state right before the big Covid spike.
Voting laws in Georgia after the Civil War were shaped around the dark dogma of segregation. When I moved to Georgia in 1977 and visited Stone Mountain Park, the main building still had segregated restrooms, a remnant of policies before the “Recent Unpleasantness,” as the Civil War was called. The building has since been remodeled but the carved stone faces of Confederate leaders sitting on their stone horses constantly stare down at people of all races.
Most people who follow politics were shocked when Georgia elected a Democratic president in 2020. A voting procedure was put in place to thwart the possibility that one African American candidate running against many white candidates could not “sneak in” with less than 50% of the votes. Once it boiled down to two candidates, the white one usually won. That rule backfired in 2020 when both US Senate races for Georgia were settled in runoff elections and each was won by a Democrat with one of them becoming the first Black Senator of Georgia. Interestingly, that 50% rule was not cast out in the new Election Integrity Act. One would think it would be tossed because without it the Republicans would have maintained at least one Senate seat.
It’s not just bloggers and frothing at the mouth liberals who are against Georgia’s new law. Civil rights groups, including the New Georgia Project, Black Voters Matter, Common Cause, and the Georgia NAACP have filed federal lawsuits charging that the law’s provisions violate the Voting Rights Act as well as the 14th and 15th Amendments.
Reading between the long lines of the new law, like the long lines at the polls, shows why Brian Kemp’s rollout of this bill was a terrible attempt at leadership and a stellar example of poor communication. Here are some key points.
The bill requires early voting from 9 AM to 5 PM from Monday to Friday but gives counties the option to open as early as 7 AM and close as late as 7 PM. Counties must hold two Saturdays of early voting from 9 AM to 5 PM and they have the option to hold early voting on one or both Sundays during the period. So, the harsh statement that the law ends Sunday voting is incorrect, BUT a county can prohibit Sunday voting and the state can do nothing about it. Not good.
Here’s one that might get some questions thrown at Kemp. Georgia previously conducted identity verification by comparing a voter’s signature on their ballot envelope or absentee voter application with a signature on file. Voters will now need to provide their driver’s license or state ID card when applying for an absentee ballot and provide one of those identifiers or the last four digits of their Social Security number to verify their ballot. The state already requires voters to show a photo ID to vote in-person. Could DNA and fingerprint matching be next? Brian Kemp said he would provide photo IDs for any resident of the state for FREE! Whoopee!
Legislators shortened the window to request an absentee ballot. Voters can now request an absentee ballot starting eleven weeks before the election and ending eleven days before the election. This seems reasonable, but I found this little gem in the lines of text, “A blank application for an absentee ballot shall be made available online by the Secretary of State and each election superintendent and registrar, but neither the Secretary of State, election superintendent, board of registrars, other governmental entity, nor employee or agent thereof shall send absentee ballot applications directly to any elector except upon request of such elector or a relative authorized to request an absentee ballot for such elector.” In other words, the action of mailing an application for an absentee ballot, a great way to promote voting, is now against the law. This was one of Donald Trump’s big complaints. Why don’t they set up a voter registration kiosk at every US Postal Service office, you know, before they close them? And while they’re at it offer Covid vaccines too!
Another provision of the new Georgia law that angers many Americans is this, “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.”
For many years, a federal election law has been in place dealing with “electioneering” at voting locations and most states have at least a 100-foot restriction on campaigning within that area. This food and water prohibition when voter turnout is so great seems onerous, inhuman and cruel. It assumes the person giving the water or food is doing so for nefarious reasons. If a county cannot shorten the lines, then they should provide food and water.
The period between general elections and runoffs has been condensed from nine to four weeks, and that is probably good. Why was such a lengthy time needed previously? The act also sets more clear requirements for challenging a voter’s registration. “Ballot selfies” are banned. The law explicitly prohibits voters from taking a photo of voting machines or their absentee ballot. The state will also set up a voter intimidation hotline, which is good because groups of TRUMPERS were present at many polling locations. Some provisional ballots will have new restrictions. Georgia constantly purges their voter rolls and there have been cases of voters incorrectly thinking they were registered but being asked to use a provisional ballot. I have no idea if those are even counted.
Here’s the worst part of this new law. Trump couldn’t get Secretary of State Brad Raffensperger to cheat for him, and Brian Kemp said he had no power over the Secretary’s role, so they have changed the structure of their government. The bill demotes the secretary of state from chairing the State Election Board, with the legislature now appointing a “nonpartisan chair” of the five-person board. The Georgia Secretary of State will be a non-voting, ex-officio member. Yes, my friends, the Republicans, you know, they guys who preach “let’s not make the government bigger” just added another layer to government.
It’s clearly a head-up-their-collective-asses move that could come back to more than haunt them. The legislature has the power to fire any chairperson of the State Election Board they disagree with, even if it involves their own election bid. When you use the word “non-partisan” and then codify “conflict of interest,” you end ethics oversight. Why would Brian Kemp participate in weakening the power of the executive branch of government? Is he a true constitutionalist or a saboteur? Seriously, what would keep the legislature from dismissing the chair of the Georgia Election Board, getting rid of all its members, decreeing the election for whoever they want and stealing a victory from the jaws of defeat? Nothing!
Georgia will now have separate Democratic and Republican primaries for special elections and that’s the right thing to do. Independent candidates who wish to send out absentee ballot applications to voters must clearly state that the application is not coming from a government office and is not a ballot. They are also prohibited from sending applications to voters who have already requested a ballot on their own or who have already voted absentee. So, how would a candidate know such things about a voter? Also, isn’t mailing an application against the law?
Not everything in this law is bad, but you must read through a lot of bullshit to uncover its positive aspects. That makes cheering for it difficult. Brian Kemp always seems defensive and he’s a lousy salesperson. He and other Trump boys and girls like Ron DeSantis in Florida and Greg Abbot in Texas are so busy defending themselves they never smile or explain why the things they do are good for the people they represent. They carry forward the grievance philosophy of telling us how bad things are and then make them worse by idiotic laws such as prohibiting food and water for voters. They care more about telling voters what they can’t do while not giving a hoot about saving voters lives by mandating mask wearing. They’re more like nuns than leaders. Away with that wooden ruler, Mr. Kemp, just make it easier to vote!
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