Third-party lawsuit targets candidate qualifying requirements

ATLANTA – Georgia’s Libertarian and Green parties have filed a lawsuit charging the state’s laws for third-party candidates to get on the ballot are unfair and onerous, particularly in the midst of the coronavirus pandemic.

The suit, filed in federal court Thursday, accuses the Georgia secretary of state’s office of setting up two standards for major-party and third-party candidates to qualify for elections.

While Republicans and Democrats can get on the ballot almost automatically by paying the required fee, Libertarians, Greens and other third-party and independent candidates must collect thousands of signatures, amounting to 5% of registered voters in the case of a congressional race. Going door to door to gather those signatures is impossible while Georgians are engaged in social distancing to avoid being exposed to COVID-19, the suit alleges.

“We’re optimistic that the courts will recognize how inappropriate it would be for independent candidates to go knocking on doors, handing around pens and clipboards, and speaking to voters about how signature requirements work,” said Martin Cowen, a would-be candidate for Georgia’s 13th Congressional District seat and a plaintiff in the case.

“Georgia’s signature requirements are unconstitutional under the best of circumstances. To enforce them now is not just unfair but dangerously negligent of 2020’s novel public health concerns.”

Cowen is the most recent of more than two dozen candidates who have tried and failed to meet the state’s requirements for getting on a congressional ballot.

The other plaintiff in the case is the Green Party’s Jimmy Cooper III, who wishes to run for Georgia’s 8th Congressional District seat.

The suit recommends reducing the number of petition signatures candidates need to land a place on the ballot or eliminating the signature requirement altogether.

First confirmed coronavirus case in Georgia House reported

Georgia Rep. Matthew Gambill

ATLANTA – The first confirmed case of coronavirus has surfaced in the Georgia House of Representatives.

Rep. Matthew Gambill, R-Cartersville, has tested positive for COVID-19, a spokesman for House Speaker David Ralston reported Thursday night.

Gambill began self-quarantining the weekend following Friday, March 13, after learning he had been exposed to someone who tested positive for the virus.

On Monday, March 16, Gambill was tested for the virus and the results came back on Thursday.  He did not attend the one-day special session of the General Assembly on Monday, March 16, during which lawmakers ratified the statewide public health emergency Gov. Brian Kemp had declared late the previous week.

Gambill has experienced only mild symptoms and remains in isolation at home. 

Before Gambill, five state senators had tested positive for coronavirus: Republicans Brandon Beach of Alpharetta, Kay Kirkpatrick of Marietta and Bruce Thompson of White, and Democrats Nikema Williams of Atlanta and Lester Jackson of Savanah.

In the Georgia House, Rep. Angelika Kausche, D-Johns Creek, told the Johns Creek Herald she has likely contracted coronavirus after her husband tested positive last week. Kausche said she decided to forgo testing since materials needed for the test are in short supply.

Speaker Ralston calling for another primary delay due to coronavirus

Georgia House Speaker David Ralston

ATLANTA – Georgia House Speaker David Ralston is asking Secretary of State Brad Raffensperger to delay the May 19 primaries because of the coronavirus pandemic.

In a letter dated Thursday, Ralston, R-Blue Ridge, suggested holding the primaries no earlier than June 23.

“You and I both agree that the right to vote is one of our most cherished freedoms,” the speaker wrote. “It is a right which, to the extent possible, should be free of impact from circumstances which create obstacles to its exercise. 

“However, the inescapable truth is that we do not know the duration of the immediate health peril. Reputable scientists and physicians cannot agree on its duration.”

Raffensperger already has postponed Georgia’s presidential primary, which was to have been held this week. Under the current timetable, the presidential voting would take place May 19 in conjunction with the state’s congressional and legislative primaries.

Earlier this week, the secretary of state announced that every Georgia voter would receive an absentee ballot request form, so they could cast their primary ballots by mail and not risk exposing themselves or others to the virus.

Ralston praised Raffensperger for coming up with a plan to accommodate the public health concerns generated by the  COVID-19 outbreak. But the speaker said delaying the vote until the summer could allow voting to take place as usual.

“Pushing the primary back a month or more gives us more time to allow the situation to improve so that voters can vote in the manner in which they are most familiar,” he wrote. “More importantly, it would make our highest priority the health and safety not only of voters, but our hard-working poll workers and elections officials.”

Raffensperger declined comment on the letter.

Gov. Kemp expands unemployment benefits as claims soar

Georgia Commissioner of Labor Mark Butler

ATLANTA – The coronavirus pandemic is putting an unprecedented demand on unemployment compensation from Georgians thrown out of work.

The state Department of Labor processed 12,140 initial unemployment claims during the week of March 15 through March 21, more than double the previous week’s 5,545 claims.

The agency is anticipating substantially higher claims in the coming weeks, with numbers expected to surpass the number of claims filed by unemployed Georgians during the Great Recession.

To deal with the exploding demand for economic relief, Gov. Brian Kemp signed an executive order Thursday authorizing Commissioner of Labor Mark Butler to issue two emergency rules extending the length of time an individual can collect benefits from 14 weeks to 26 weeks and providing that the first $300 of wages earned in a week will not count against eligible unemployment benefits paid.

“As we work together as a state to combat COVID-19, Commissioner Butler and I are taking steps to ensure Georgia’s workforce is supported during this challenging time,” Kemp said. “I ask Georgians to continue to support their local businesses by getting take-out, tipping well, and ordering your favorite products online, while also observing social distancing and following the directives of state and federal public health officials.”

Other emergency rules were issued last week expanding unemployment eligibility for applicants, suspending work search requirements and relieving employers of benefit charges for claims related to COVID-19.

Another rule assures that employers and non-profits will not be charged for coronavirus-related benefit claims. This means their current tax rate will not be affected, relieving them of the additional burden of higher unemployment taxes during the economic recovery expected to follow the pandemic.

“We understand Georgia businesses and workers are anxious during the COVID-19 public health crisis about how to take care of themselves, their families and their businesses,” Butler said. “We are making unprecedented modifications to policies to help all Georgians survive this economic hardship and get us all back to work.”

Butler said partial claims should be filed for both full-time and part-time employees. Filing of partial claims is being mandated for an employer to file on behalf of employees affected by COVID-19 and will expedite the issuance of payment.

The Georgia numbers mirrored the filing of unemployment claims across the country. Nationally, unemployment claims skyrocketed to 3.3 million last week, more than quadrupling the previous record high.

Information on filing an unemployment claim, details on how employers must file partial claims, and resources for other re-employment assistance can be found on the agency’s webpage at www.gdol.ga.gov

Georgia public schools shutting down through April 24

Coronavirus is keeping Georgia public schools closed.

ATLANTA – Gov. Brian Kemp Thursday ordered Georgia’s public schools closed through April 24 as cases of coronavirus continue to rise.

“I am deeply grateful to State School Superintendent Richard Woods, the Georgia Department of Education, superintendents, and parents for keeping us informed and helping us make the right decision for our students,” Kemp said in a prepared statement.

“Throughout this process, we will continue to seek the advice of public health officials, school leaders, and families to ensure the health and safety of the educational community. As we approach April 24, 2020, we ask for continued patience and flexibility since circumstances may change, but we encourage families to stay strong and follow the guidance of federal, state, and local leaders in the weeks ahead.”

Georgia’s public colleges and universities and technical colleges, which were shut down earlier this month for the rest of the current semester, will continue to provide online instruction.

As Kemp made his announcement on the schools, the number of confirmed coronavirus cases in Georgia moved past 1,500, with 48 deaths reported from the virus.

As of noon Thursday, 1,525 Georgians had tested positive for COVID-19. Of those patients, 473 – or 31% – were hospitalized.

More than 8,900 Georgians have been tested for coronavirus, 1,646 by the state Department of Public Health and 7,280 by a commercial lab.

The virus has spread to 97 of Georgia’s 159 counties. Fulton County has the most COVID-19 cases with 211. Cases in Dougherty County have soared to 156, a huge number considering the county’s population.

DeKalb County was third as of noon Thursday with 129 positive cases, followed by Cobb County with 115, Bartow County with 86 and Gwinnett County with 75.