Ban on defunding police in Georgia clears state House

State Rep. Houston Gaines, R-Athens, talks about his bill to ban defunding police after a favorable House vote on Feb. 24, 2021. (Photo by Beau Evans)

A bill aimed at preventing Georgia city and county governments from making deep cuts in the budgets of their local police agencies passed in the Georgia House of Representatives on Wednesday.

Sponsored by state Rep. Houston Gaines, R-Athens, the bill would limit local governments from reducing funds for police by more than 5% over a 10-year span. It includes exemptions for smaller jurisdictions and for spending on equipment purchases.

The bill passed 101-69 nearly along party lines, with three Democrats voting in favor. It now heads to the state Senate.

Speaking from the House floor on Wednesday, Gaines called policies to reduce funding for police a “radical idea” that would put police officers in danger and slow response times for emergencies. 

“This legislation sends a strong message that we support our law enforcement officers and we will never defund police here in Georgia,” Gaines said. “When we have local governments that are out of control and putting lives at risk, we have to step in.”

Gaines also highlighted recent failed attempts by some Athens and Atlanta elected officials to slice millions of dollars from their police budgets amid protests over police brutality and racial injustice that swept across Georgia and the country last summer.

Critics called the funding restrictions a power grab by the state over local governments and argued it would stall efforts to fund other areas like mental health, housing and education that aim to keep people from landing in jail.

“The efforts to transfer funding from police departments is about addressing the root causes we are desperate to address,” said state Rep. Bee Nguyen, D-Atlanta. “This bill would shut down the necessary discourse leaders are having with their communities.”

Opposition to the bill also came from the Georgia Municipal Association and the Association County Commissioners of Georgia (ACCG), which represent city and county governments and argued police funding should be left to local officials.

Gaines’ bill comes after last summer’s protests following the high-profile killings of Black men by police officers, including the deaths of George Floyd in Minnesota and Rayshard Brooks in Atlanta.

Property destruction and violence at some of those protests sparked a backlash from conservative leaders over a push by some progressive officials to curb police funding, dubbed “defund the police.” The subject took center stage as an issue for both political parties in the 2020 election cycle.

Several Republican state lawmakers traced the need for the bill directly to those protests, saying police funding decisions have been politicized as a result.

“It is as much an answer to the politicization of an issue that has been made over the past few years,” said Rep. Alan Powell, R-Hartwell. “There’s one place you don’t need to defund and that’s public safety.”

Democratic lawmakers dismissed that way of framing the bill, arguing its intent instead is to let state officials pry into local affairs and ignore calls for more community-oriented policing in predominantly minority neighborhoods.

“This bill does absolutely nothing to increase or protect public safety,” said Rep. Renitta Shannon, D-Decatur. “There are better ways for the money to be spent and let us figure that out in our communities.”

Georgia Republicans have brought legislation in recent weeks to ease probation hardships for released offenders. Democratic lawmakers are pushing broad changes to arrest tactics like no-knock warrants, use-of-force training and civilian oversight of officer-involved shooting reviews. 

A separate measure moving in the House to overhaul Georgia’s citizen’s arrest law has drawn bipartisan support, marking the major criminal-justice reform bill most likely to pass this year.

That bill would repeal state law allowing private citizens to detain someone who commits a crime in their presence or during an escape attempt. It would also let owners and employees in businesses detain those believed to have committed a crime on their property, so long as they’re handed over to local authorities within an hour.

Gaines’ bill also joins a handful of other measures critics have slammed as state overreach into local decisions, including a bill to block locals from banning certain energy sources that passed out of the House on Monday.

Standard time measure clears state Senate

Georgia Sen. Ben Watson

ATLANTA – The Georgia Senate passed legislation Wednesday that would put the Peach State on standard time all year.

The bill, which senators approved 46-7, would do away with switching back and forth twice a year between standard and daylight time, a system studies have shown disrupts sleep patterns.

Interfering with sleep during the two weeks following time changes every March and November impacts Georgians’ health and causes mood swings, said Sen. Ben Watson, R-Savannah, the bill’s chief sponsor.

“There’s a significantly higher percentage of heart attacks during the spring-forward time,” he said. “We have grumpy judges due to sleep deprivation giving harsher sentences.”

While Watson’s bill would move Georgia to standard time all year, it also calls for the state to move to daylight saving time if and when Congress allows states to make that switch. Current federal law permits states to go on standard time but not daylight saving time.

Watson said surrounding states including Florida, South Carolina and Tennessee are considering similar legislation.

Sen. Kim Jackson, D-Stone Mountain, questioned the wisdom of Georgia acting now rather than waiting for Congress to let states switch to daylight time permanently. She said businesses including restaurants and concert venues prefer daylight time because it allows additional evening daylight hours.

“People like having more evening light,” Jackson said.

But Watson said observing daylight time during the winter would lead to dark mornings. The sun wouldn’t come up until almost 8:30 a.m. in December, prompting concerns for the safety of children going to school, he said.

Senate Bill 100 is cosponsored by Senate President Pro Tempore Butch Miller, R-Gainesville; Senate Majority Leader Mike Dugan, R-Carrollton; Republican Sens. John Kennedy of Macon and Dean Burke of Bainbridge; and Democratic Sen. Michelle Au of Johns Creek.

The bill now moves to the Georgia House of Representatives.

‘Hidden Predator’ bill for child sex-abuse victims to sue in Georgia advances

Legislation to extend the statute of limitations for Georgians who were sexually abused as children to sue their abusers years later as adults advanced in the state House of Representatives on Tuesday.

Sponsored by Georgia Rep. Heath Clark, R-Warner Robins, the bill would extend the deadline for victims to bring suits against their childhood abusers to age 52, a steep increase from age 23 under current state law.

The bill would let victims sue their alleged abusers up to a year after realizing that past abuse has led to present-day trauma. Research shows adults often tend to recognize the impacts of childhood sex abuse decades after it happened.

Controversially, the bill would also give victims a four-year window to sue public and private organizations like the Catholic Church and the Boy Scouts of America for harboring predators on staff who abused them as children.

Under the bill, which passed the House Judiciary Committee unanimously, victims would have to prove with “clear and convincing” evidence those organizations both knew about the abuse and let it happen under their watch.

Lawsuits could only be brought if the abuse happened since July 1, 1973, marking the year in Georgia law when organizations were first required to report abuse allegations among staff.

Trial attorneys have warned opening the lawsuit window for victims up to decades after their abuse could open a floodgate of litigation in Georgia, noting hundreds of suits were filed in New York shortly after that state passed a similar statute-of-limitations extension in 2019.

Representatives from the Boy Scouts and Catholic Church, which have both been rocked by child sex-abuse scandals in recent years, also previously opposed the bill on grounds that litigation could expose their organizations to huge legal fees.

Clark’s bill now heads to the full House for a vote. It resembles a statute-of-limitations measure he filed on childhood sexual abuse that stalled in last year’s legislative session, which was interrupted by the COVID-19 pandemic.

Stricter ID rules for vote-by-mail in Georgia pass state Senate

State Sen. Larry Walker III, R-Perry, urges support for his bill on absentee voter ID requirements from the Georgia Senate floor on Feb. 23, 2021. (Photo by Beau Evans)

Stricter identification rules for voting by mail in Georgia inched closer to law with the state Senate’s passage of a controversial bill on Tuesday.

Sponsored by state Sen. Larry Walker III, R-Perry, the bill would require absentee voters to provide the number of their driver’s license or official state ID card, or photocopies of a passport, employee ID card, utility bill or bank statement.

It was among three bills that passed the Senate on Tuesday, marking the first election-focused measures to clear a General Assembly chamber in the 2021 legislative session.

The absentee-voting bill passed by a nearly party-line vote, as did two other measures sponsored by state Sen. Bill Cowsert, R-Athens, that would shorten the time limit for local registrars to enter voting data into the state’s voter-history system and boost reporting requirements for the state’s election-results website, including the number of absentee and provisional ballots issued, cast and rejected.

A fourth bill by state Sen. Jen Jordan, D-Atlanta, that gained unanimous approval in the Senate Tuesday would let counties begin processing absentee ballots about a week before Election Day, helping ease pressure on local elections officials to count mail-in ballots.

The four bills that passed Tuesday are among a legislative package backed by Lt. Gov. Geoff Duncan, who presides over the Senate. Gov. Brian Kemp, state House Speaker David Ralston, R-Blue Ridge, and Georgia Secretary of State Brad Raffensperger also support tightening absentee voter ID rules.

Republicans have set their sights on overhauling Georgia’s current system of verifying signatures on mail-in ballot request forms and envelopes, eliminating a focal point for attacks by former President Donald Trump and his allies who alleged absentee voter fraud and called for deeper audits of the 2020 election results.

Democratic leaders and voting-rights groups oppose the measure, framing it as an attempt at voter suppression to halt Democrats’ momentum after flipping both of the state’s U.S. Senate seats and carrying Georgia for Democrat Joe Biden over Trump in the November presidential election by 11,779 votes.

Speaking from the Senate floor Tuesday, Walker highlighted how vote-by-mail skyrocketed in the 2020 elections due to the COVID-19 pandemic, when Georgia voters cast millions more absentee ballots than normal.

Given mail-in voting is expected to remain popular, Walker said tightening voter ID requirements would create “very common-sense” rules for verifying voters, which would help county elections officials check identities with greater accuracy.

“It’s not about disenfranchising voters,” Walker said. “It’s not about overburdening the electorate.”

“It’s about efficiency and security and election integrity and allowing the Georgia public to have confidence in the vote.”

Democratic senators did not buy that argument Tuesday, voicing opposition from the floor to the bill over privacy concerns and hurdles for voters who do not have driver’s licenses.

Choking back tears, Sen. David Lucas, D-Macon, who is one of the legislature’s longest-serving members, called the bill a bald attempt by Georgia Republicans to change the rules of the election game and warned them to expect a legal brawl if their absentee voter ID wish-list passes into law.

“I’m going to tell you, we’re going to fight,” Lucas said. “There’s no question what’s going to happen. And you’re going to spend taxpayer money trying to defend it.”

The bill passed by 35-18 nearly along party lines, with state Sen. Michael “Doc” Rhett, D-Marietta, voting in favor. All four bills now head to the Georgia House of Representatives.

Duncan, who backed the four-bill package, hailed the measures as “common-sense election reforms” that aim to “modernize our election procedures.”

“I am focused on maintaining confidence in our electoral process and making it easy to vote and difficult to cheat,” Duncan said in a statement.

The Georgia Senate Democratic Caucus scoffed at Duncan’s optimism, calling the four bills a product of “disingenuous” efforts by Republicans to create hurdles for voting after their recent statewide election losses.

“We all know none of these measures would have satisfied people who were misled by leaders in their party about election outcomes,” the caucus said.

Walker’s bill mirrors one proposal in a wide-ranging omnibus elections bill moving separately through the House. The House bill, sponsored by Rep. Barry Fleming, R-Harlem, was set for a fourth hearing Tuesday afternoon in the House Special Committee on Election Integrity, which Fleming chairs.

Other Republican-brought bills are winding through committees in both chambers, including measures to end automatic voter registration when obtaining new or renewed driver’s licenses, provide closer access for poll watchers to view ballot counting and allow state elections officials to take direct control of elections and registration activities from poor-performing county officials.

Omnibus elections bill to overhaul vote-by-mail in Georgia faces debate

Legislation to boost voter ID requirements and procedures for casting absentee ballots in Georgia is winding through the General Assembly. (Photo by Beau Evans)

ATLANTA – An omnibus bill proposing broad changes to Georgia’s absentee and in-person voting faced more debate in a state House committee on Monday, adding to a trove of other elections-focused bills in the state Senate.

The 59-page bill contains roughly two dozen changes including controversial proposals boosting identification rules for mail-in voters, requiring absentee-ballot drop boxes to be located inside polling places and outlawing early voting on Sundays.

Other changes outlined in the bill include consolidating precincts with long wait times outside polling places, banning people from offering food or drinks to voters while they wait in line and allowing local officials to open and scan absentee ballots a week before Election Day.

Democratic lawmakers and voting-rights groups have skewered the bill, sponsored by state Rep. Barry Fleming, R-Harlem. Fleming chairs the House Special Committee on Election Integrity, which has held three hearings on the measure. It will likely face a vote this week on whether to advance to the full House.

Fleming and the bill’s backers argue the proposed changes are needed to shore up confidence in the state’s election system after the 2020 election cycle drew claims of voter fraud from former President Donald Trump, who lost the general election in Georgia to President Joe Biden by 11,779 votes.

“There has been controversy regarding our election system,” Fleming said at an earlier hearing on Feb. 18. “I believe the goal of our process here should be an attempt to restore the confidence of our public in our elections system.”

Fleming’s wide-ranging bill would also eliminate Georgia’s “jungle primary” format for special elections that place candidates from all parties for a vacant seat on the same ballot. It would scrap the kind of free-for-all election that forced former Republican U.S. Sen. Kelly Loeffler into a losing runoff with now-U.S. Sen. Raphael Warnock last month.

Democrats have slammed many aspects of the bill that squeeze access to vote-by-mail and early voting, particularly the proposed ban on Sunday hours during the three-week early voting period. Those restrictions could especially impact Black and other minority voters in Georgia who have long faced hurdles to voter access, critics argue.

State Rep. Calvin Smyre, D-Columbus, who is the General Assembly’s longest-serving member, called that change too restrictive.

“When you lift the water, all boats rise,” Smyre said an earlier hearing last week. “You give everyone the same opportunity.”

Georgia Democrats have also challenged proposals that would overhaul the state’s voter ID laws for requesting and casting mail-in ballots, which currently are verified by matching a voter’s signature on absentee ballot envelopes with that kept in the state’s registration system.

The voter ID proposal in Fleming’s bill mirrors a measure moving separately in the state Senate that would require absentee voters to provide the number of their driver’s license or official state ID card, or photocopies of a passport, employee ID card, utility bill or bank statement.

The Senate’s absentee voter ID measure, sponsored by state Sen. Larry Walker III, R-Perry, is among several bills set for a floor vote on Tuesday that have backing from Lt. Gov. Geoff Duncan, who presides over the chamber.

That measure, along with Fleming’s proposed bans on Sunday voting and handing out food and drinks to voters in line, have drawn the ire of voting-rights groups like Fair Fight, which was founded by former gubernatorial candidate and Democratic rising star Stacey Abrams.

“[Fleming’s bill] is a bad-faith attempt to limit democracy in our state,” the group said in a statement Monday. “Georgians deserve elected officials who protect our constitutional rights first and foremost – not their own power above all else.”

Members of the state Senate Ethics Committee cleared bills in a hearing late Monday to empanel grand juries for investigating elections issues, count ballots as soon as polls close on Election Day and set rules for allowing mobile voting buses. Those measures advanced to the Senate floor.

Republican state leaders still stinging from the loss in Georgia of the presidency and both of the state’s U.S. Senate seats have focused on the elections proposals as among the key actions they hope to accomplish during the current legislative session, dismissing accusations from Democrats of voter suppression.

Lawmakers should focus on revising laws and policies with absentee voter ID rules, access for poll watchers to observe ballot counting, cleaning up voter registration rolls and auditing the state’s voting machines, said Brad Carver, an Atlanta attorney who led the drafting of a report on the 2020 elections issued this month by the Georgia Republican Party.

“We need to have a system where every legal vote counts in this state,” Carver, who chairs the state Republican Party’s 11th congressional district chapter in north metro Atlanta, said Monday. “At the end of the day, we’re hearing from our voters who have lost confidence.”

Reaction to Fleming’s bill from state and local elections officials has been mixed. Janine Eveler, director of the Cobb County Board of Elections and Registration, told lawmakers last week she supports tighter voter ID rules but would not like to keep absentee drop boxes inside polling places.

Deb Cox, elections supervisor for Lowndes County, agreed many of the proposals like more voter ID rules would help local officials run elections, while other parts of the bill like a deadline of 11 days before Election Day for voters to request absentee ballots might dampen voter access.

“I think the bill itself meets the happy medium between the extremes of voter access and security,” Cox said.

Fleming did not indicate when he would call for a vote on his bill but said another committee hearing is scheduled for Tuesday afternoon.