Georgia Secretary of State announces the formation of an advisory group focused on absentee-ballot fraud amid the coroanvirus pandemic on April 6, 2020. (Photo by Beau Evans)
ATLANTA – Georgia’s elections chief is gathering a group of law enforcement officials and elections experts to look at cracking down on mail-in ballot fraud with more voters poised to cast absentee ballots in the upcoming May 19 primaries due to coronavirus.
Secretary of State Brad Raffensperger also reiterated Monday he believes he does not have legal authority to change the date of the primaries amid the deadly respiratory virus unless Gov. Brian Kemp or state lawmakers take certain actions allowing him to do so.
The new advisory body aims to set up rules for investigating cases of signature mismatches on absentee ballots and instances when multiple votes are mailed from a single address, Raffensperger said. It will also create rules for investigating cases in which a person registers to vote using an address that is not their physical home address such as a P.O. box, he said.
Raffensperger said the group will work with his office’s in-house investigators and include elections experts, district attorneys and solicitors general. He did not have a list of members ready Monday but said they would be “well-respected people” with “the capability and the experience to make the appropriate decisions.”
“Those who wish to take advantage of us in these troubling times and undermine the strength of democracy in Georgia should be forewarned,” Raffensperger said at a news conference Monday. “Actions that delegitimize the integrity of the vote in Georgia will not be tolerated.”
State Democratic party leaders panned the announcement Monday, calling it “state sponsored voter intimidation” catering to unsubstantiated fears of absentee fraud.
“There is no empirical evidence that voter fraud is a legitimate issue in Georgia,” said Scott Hogan, executive director of the Democratic Party of Georgia.
“The best use of the Secretary of State’s time and resources is to continue ensuring that every single Georgia voter, regardless of who they are or who they’re voting for, is able to receive and cast their vote by mail ballot without fear for their health or safety,” Hogan said.
As coronavirus continues sweeping across Georgia and the U.S., Raffensperger’s office has started sending out request forms for absentee ballots to all roughly 7 million of the state’s registered voters. That decision came as many county poll workers signaled they would not show up on Election Day for fear of coming into contact with the highly infectious virus.
Previously, Raffensperger pushed the March 24 presidential primary back to May 19, coinciding with state and local party primaries. He has been under pressure from influential Republican lawmakers, including state House Speaker David Ralston and all 11 of the Georgia’s congressional Republicans, to postpone the primaries a second time to mid-June.
Ralston, in letters sent late last month, urged Raffensperger to reschedule the primaries in the interest of protecting the health and safety of in-person voters and precinct poll workers. Poll workers on average are older adults more susceptible to the harmful effects of COVID-19.
Raffensperger countered that state law does not allow him to change the presidential primary a second time or delay local and state primaries since the governor’s state of emergency – which grants Raffensperger authority to move the primaries – ends on April 13.
He said the General Assembly could convene to change state law or the governor could extend his emergency declaration. Either way, Raffensperger said he would defer to what top state officials want.
“At the present time, we don’t have the lawful authority to move the election because of the expiration of the emergency declaration by the governor,” Raffensperger said Monday.
Even so, the legislative counsel for the General Assembly last week reasoned that Raffensperger in fact could delay the primaries now, without any action needed from lawmakers or the governor.
A letter signed by Deputy Legislative Counsel Jeff Lanier notes that state law does not explicitly limit emergency election postponements to one time only, and that an overlapping federal emergency declaration now in place for a year would also give Raffensperger authority to make the delay.
Meanwhile, state Democratic leaders have pushed to keep the May 19 primary date as is. State Sen. Nikema Williams, who chairs the state Democratic party, said holding the primary then would ensure the right to vote for Georgians.
In a news release last week, Williams and the state party called for the state to pay the costs of postage for mail-in ballots and to continue mailing absentee ballot request forms for elections beyond the May 19 contest.
“Rather than delaying the vote, it is critical that the state expand vote-by-mail and make it accessible for more voters,” Williams, D-Atlanta, said in a statement.
Raffensperger, a Republican, came under fire from Democratic officials late last year for removing thousands of Georgia voters from the voter rolls. These were voters who had not participated in the last three elections, had moved to a new address or had their mail returned as undeliverable.
Raffensperger’s office stressed the removal action was required by state law and that persons on the removal list were sent notices advising them how to halt the proceedings. But the move came on the heels of controversy surrounding Kemp, who as secretary of state at the time he ran for governor in 2018 had previously removed voters from the rolls.
Speaking Monday, Raffensperger sought to assure the absentee-ballot fraud group will act as a buffer against illegal elections activity during an unprecedented time when millions of Georgians are poised to vote by mail as coronavirus deters many people from visiting local precincts on Election Day.
“We really want to make sure that we have the most robust and appropriate rolls to ensure that everyone’s vote counts once, that it’s accurate and that troublemakers can’t do things that don’t abide by that principle of one person, one vote,” Raffensperger said.
Increasing cases of coronavirus have prompted a statewide shelter-in-place order for Georgia. (Image: Centers for Disease Control and Prevention)
Amid the push to curb coronavirus, a statewide shelter-in-place order that will shutter in-person patronizing of bars, gyms, restaurants, theaters and many other activities is set to begin at 6 p.m. Friday and last through April 13.
Gov. Brian Kemp issued an executive order Thursday evening that exempts a range of activities deemed “essential services” like food and medical supply pick-ups and deliveries, critical infrastructure and those that help maintain minimum business operations.
Many types of businesses deemed essential will remain open but under tightened rules to keep work areas clean and for people to keep six feet of distance at minimum between each other, as well as a maximum of 10 people per any given space.
Restaurants will have to close in-person dining areas, but food pick-ups and deliveries will be allowed. People in Georgia will also be able to travel to grocery stores, medical appointments and pharmacies, according to the governor’s office.
“Preference should be given to online ordering, home delivery and curbside pick-up services wherever possible as opposed to in-store shopping,” the order says.
Exercising is allowed outside so long as people keep their distance from each other, the order says.
Critical infrastructure, per federal guidelines, includes health-care sectors, law enforcement and first-responder agencies, food and agriculture industries, energy companies, water and sewer utilities, trucking, public transit, information technology and more.
The order also requires rules at businesses that remain open, including health screenings, hand washing, staggered shifts and teleworking where possible.
Gov. Brian Kemp announced Wednesday he would sign the order following changes to federal modeling and guidelines earlier this week that account for the fact that the respiratory virus can spread from infected persons who do not show symptoms.
As of noon Thursday, more than 5,400 Georgians had tested positive for COVID-19, the disease caused by the novel strain of coronavirus that has sparked a global pandemic. It had killed 176 patients from Georgia.
Kemp also signed an executive order Wednesday to close in-person classes for all Georgia public schools for the rest of the current school year. Thousands of schools across the state are poised to lean on online instruction to finish the spring term.
Per the order, enforcing the shelter-in-place will be left to Georgia State Patrol officers and any state agency members deputized by the governor or the Georgia Emergency Management and Homeland Security Agency.
Those officials, along with state Department of Public Health officers, will have authority to close any business or organization not complying with the order. Individual violators will be charged with a misdemeanor.
At a news conference Wednesday, Kemp called revised guidelines from the Centers for Disease Control and Prevention on asymptomatic spreading of coronavirus as “a game changer.”
“We are taking action to protect our hospitals, to help our medical providers and prepare for the patient surge that we know is coming,” Kemp said Wednesday. “Now is the time to fight and continue to be strong and courageous.”
The governor’s shelter-in-place order follows mounting pressure from health experts and politicians from both parties who have called for a statewide approach. Up to this point, Kemp has largely deferred to city and county authorities to decide whether to issue stay-at-home orders for their areas.
Kemp drew criticism Thursday from local officials and political opponents who blasted his reliance on this week’s new federal guidelines, arguing the governor and state health officials should have known much sooner about the ability of the virus to spread without symptoms.
Officials with the governor’s office stressed Kemp’s decision was also based heavily on the worsening strain hospitals are facing with shortages in protective gear and life-saving equipment, as well as new projections for patient capacity at Georgia hospitals to peak later this month.
In a news release Thursday, the state Department of Public Health pointed to information from CDC Robert Redfield that as many as 25% of people infected with coronavirus do not show symptoms and can be infectious up to 48 hours before symptoms appear. Redfield provided that information on Monday, the state public health agency noted.
The best way to halt the spreading virus and ease the burden for hospitals is for everyone to keep their distance from each other and practice good sanitary habits, said Dr. Kathleen Toomey, the state public health commissioner.
“Until now, containing the spread of COVID-19 has been based on early detection and isolation of people with symptoms of the virus,” Toomey said in a statement Thursday. “Social distancing and keeping people apart from each other are now more than just recommendations; they are the best weapons we have to stop the spread of COVID-19.”
ATLANTA – Georgia will be placed under a statewide shelter-in-place order starting Friday through April 13 as coronavirus infections have brought the state’s hospitals to a tipping point, Gov. Brian Kemp announced Wednesday.
Public schools will also remain closed
for the rest of the school year, Kemp said at a news conference Wednesday
afternoon.
The governor said information from the federal
Centers for Disease Control and Prevention that people can spread the virus
before showing any symptoms marked “a game changer.” It was at that point he
decided to issue a shelter-in-place order.
Additionally, modeling from the
University of Washington predicts the state’s hospitals will reach peak
capacity on April 23 even with strict so-called social distancing practices
being followed, Kemp said.
“We are taking action to protect our
hospitals, to help our medical providers and prepare for the patient surge that
we know is coming,” Kemp said. “Now is the time to fight and continue to be
strong and courageous.”
As of noon Wednesday, more than 4,600
Georgians had tested positive for COVID-19, the disease caused by the novel
strain of coronavirus that has sparked a global pandemic. It had killed 139
patients from Georgia.
Kemp said he would sign and publish an
executive order Thursday that will include a wide range of provisions for the
shelter-in-place rules, including for deputizing law enforcement personnel to
enforce the order. The order will also likely exempt some industry sectors like
grocery stores, pharmacies and medical supply providers.
“We’re going to have a lot of information
in this order,” Kemp said.
As of Wednesday morning, Kemp said the
state’s hospitals had a total inventory of 3,520 medical surgical beds and
1,600 ventilators. Several hospitals, particularly in hard-hit areas in the
northwest and southern parts of the state, have already been taxed with an
influx of patients in recent weeks as the virus took root in Georgia.
On top of hospitals filling up, state
health officials are aware of 47 elderly care facilities that have experienced
outbreaks of coronavirus, said Dr. Kathleen Toomey, the state public health
commissioner. Seniors and chronically ill persons are most at risk from deadly
health effects from the virus.
Earlier this week, the governor
authorized around 100 Georgia National Guard members to prop up operations at
long-term senior care facilities where cases of coronavirus have been
confirmed.
Also, health officials have identified at
least five outbreaks stemming from church gatherings plus more outbreaks
connected to funerals, Toomey said. She cautioned that any situation in which
people congregate now “can be a potential site for transmission.”
Toomey echoed Kemp’s point that a
statewide shelter-in-place order now will help hospitals endure a surge of
patients expected as this month progresses.
“Now is the time to stop that
transmission before the hospitals get overrun,” Toomey said.
“This is absolutely not just like the
flu,” she added. “It’s many times more transmissible, and it’s much more
deadly.”
Kemp cautioned that with schools closed
and people staying home instead of working, state officials and local hospitals
are seeing an increase in cases of domestic violence.
And hundreds of thousands of people,
suddenly out of jobs or with their work hours severely cut, are “facing
financial ruin because of this virus,” Kemp said.
“We will continue to do whatever it takes
to help keep our families safe and ensure a strong and prosperous future,” Kemp
said.
The governor’s shelter-in-place order
follows mounting pressure from health experts and politicians from both parties
who have called for a statewide approach. Up to this point, Kemp has largely
deferred to city and county authorities to decide whether to issue stay-at-home
orders for their areas.
Speaking Wednesday, Kemp acknowledged
that many people in Georgia have been voluntarily isolating themselves from
social gatherings but that formal rules “vary by city and county.” He said
those who defy orders to stay at home and avoid crowds present a danger to the
public.
“The reality is that if you do not
comply, you are violating the law and you will be facing stiff penalties,” Kemp
said. “Even worse, you are literally endangering the lives of those around you,
your loved ones and fellow Georgians.”
Facing unprecedented times, the governor
urged people in Georgia not to panic and make a run on groceries. He stressed
that supply chains for food and other necessities should remain unbroken.
“I want to encourage my fellow Georgians
to hang in there,” Kemp said. “We must first overcome the obstacles we have in
our path. By doing this, we will get through this together.”
Georgia’s elections chief is leaving it up to the governor
and state legislature whether to postpone the May 19 primaries another month
after a prior delay in the face of coronavirus.
Georgia Secretary of State Brad Raffensperger already has
put back Georgia’s originally scheduled March 24 presidential primary to May
19, coinciding with the state and local primaries. But Georgia House Speaker
David Ralston and all 11 Republican members of the state’s congressional
delegation are pushing to delay all of the primaries until mid-June.
Such a delay would be both impractical and unlawful,
Raffensperger said earlier this week.
But in an interview with Capitol Beat News Service
Wednesday, Raffensperger said he would not stand in the way of the General
Assembly or Gov. Brian Kemp if they decide to take the necessary executive and
legislative actions to delay the May 19 primaries.
To do so, Kemp would need to extend the public health
emergency Georgia is under because of the COVID-19 outbreak beyond its current
April 13 expiration date, Raffensperger said. State lawmakers would also need
to reconvene and pass legislation to push back the state and local primaries
from their May 19 date, as well as the presidential primary by another 45 days.
“If they want to move it, let us know what date it is and
we’ll have it on that date,” Raffensperger said.
Kemp’s office declined to comment Wednesday around noon,
noting the governor plans to hold a press conference at 4 p.m. during which he
will take questions from reporters about the primary.
As of noon Wednesday, more than 4,600 Georgians have tested
positive for COVID-19, the disease caused by the novel strain of coronavirus
that has sparked a global pandemic. It has killed 139 patients from Georgia.
Asked if he felt conditions would be safe enough for
in-person early voting starting late this month and for the May 19 primary day,
Raffensperger said that is a tough prediction to make.
“Four to six weeks ago, the stock market was at record high
and unemployment at record low,” Raffensperger said Wednesday. “Where we’ll be
with coronavirus in two, four, six weeks from now is difficult to determine at
the present time.”
Ralston, the House speaker, penned a letter Sunday requesting that the primaries be reset for June 16 to give the state “more time for testing health responses and other precautions.” He countered that Raffensperger could already postpone the presidential primary due to an overlapping federal emergency declaration, while suggesting state party leaders would be open to a delay even if it conflicts with the national party conventions.
Ralston, R-Blue Ridge, reiterated that stance in a radio interview Wednesday morning, arguing that either the governor or Raffensperger himself could still postpone the primaries without running afoul of state law.
“The most non-feasible way is to have the members of the General Assembly called back in to violate every directive issued by the [Centers for Disease Control and Prevention] and President Trump to do this when God knows how long we would have to be there debating it,” Ralston said.
“That’s a cop-out position,” he added.
The General Assembly should not have to reconvene to change
the primary date if Raffensperger and Kemp decide that is the course they want
to take, said Kaleb McMichen, a spokesman for the speaker’s office.
The House speaker also said he has already fielded concerns
that many poll workers may not show up for the May 19 election to avoid
coronavirus exposure.
“We can’t tell the people of Georgia today that they will be
safe in going to vote on that day, physically going to the voting precinct that
day,” Ralston said. “And until we get to that point, I think it’s premature to
set this primary.”
In a separate letter sent Tuesday, the state’s 11 Republican
members of Congress – nine representatives and two senators – also urged
Raffensperger to push back the primaries “to the latest date possible” to curb
health risks from coronavirus. They worried the May 19 date could expose older
poll workers to the virus and create huge costs for local governments to
sanitize voting precincts.
“The right to vote is a fundamental right that should be
guaranteed to each and every eligible Georgia citizen,” the letter states.
“Georgia voters should not be asked to choose between exercising that right and
following the guidance of federal, state and local officials to keep
themselves, their families and our communities healthy.”
Raffensperger said his office has already received shipments
of sanitary wipes for local precincts to use and has put in an order for
protective N95 face masks. He said his office plans to draw up sanitation
guidelines that counties would then have to adopt themselves.
State law requires three weeks of in-person early voting ahead of the May 19 primary, Raffensperger noted. To discourage in-person voting, his office is mailing out applications for absentee ballots to all 6.9 million registered Georgia voters.
“With times such as these, people are in certain places,”
Raffensperger said. “We’re here now and we’ll put our heads together to find
solutions. We’ll figure it all out, one way or another. But I’m really
confident.”
Gov. Brian Kemp calls for vulnerable residents to take precautions as coronavirus spreads in Georgia in this March 12, 2020 photo. (Photo by Beau Evans)
Gov. Brian Kemp is sending more than 100
Georgia National Guard members to oversee operations at assisted-living
facilities and nursing homes in the state where elderly residents have been
infected with coronavirus.
Senior citizens are among the most
vulnerable populations at risk for harmful health effects from COVID-19, the
disease caused by the novel strain of coronavirus that has sparked a global
pandemic. The virus had infected at least 3,817 people and killed 108 in
Georgia as of noon Tuesday.
On Tuesday, 20 National Guard members
were deployed to Pelham Parkway Nursing Home in South Georgia, according to a
news release from the governor’s office. The Pelham facility has reported five
residents tested positive for coronavirus, Kemp’s office said.
The 20 soldiers in Pelham are tasked with
cleaning the facility, auditing its sanitation methods and training staff on
measures aimed at halting the virus’ spread. Clusters of four or five soldiers
will head to other elderly care facilities across the state in the coming
weeks, according to the news release.
In all, 100 National Guard members will
fan out across the state to help prop up nursing homes and assisted living
facilities.
“The Georgia National Guard stands ready
to assist any long-term care facility in this time of need through staff
training and implementation of infectious disease control measures,” said
Adjutant General Tom Carden. “Our training has prepared us to fight this
virus, and we are eager to lend a hand in this battle.”
Kemp previously had ordered residents in
elderly care facilities to remain sheltered-in-place until noon Monday, April
6. His office, along with the Georgia Health Care Association, also previously
called on the state’s nursing homes and assisted-living facilities to restrict
visitations, eliminate group activities like community dining and routinely screen
both residents and staff for symptoms of the respiratory virus.
“Georgia’s top priority is
increasing health-care capacity to protect vulnerable Georgians, especially
those residing in long-term care facilities,” Kemp said in a statement.
“If we can keep these populations as healthy as possible, we will be able
to conserve precious medical supplies and hospital bed space in the coming days
and weeks.”
Tax collections on sales by third-party
online sellers in Georgia like Google and Amazon take effect Wednesday,
including for ride-hailing companies that were due for an exemption before
coronavirus shuttered the General Assembly.
Collecting sales taxes on big online
retailers could reel in around $100 million annually for the state plus tens of
millions of dollars more for local governments, according to a fiscal analysis.
The extra revenues were billed as a needed boost for the state amid sluggish
tax collections and agency budget cuts.
Lawmakers pushed through a measure in
January to start collecting online sales taxes. Part of the deal involved
passing a separate arrangement for ride-hailing companies like Uber and Lyft,
which favor paying a flat fee of 50 cents per ride instead of the sales tax.
Uber representatives said paying sales
taxes would increase costs for customers and reduce earnings for drivers. The
50-cent fee structure they want was tacked onto a bill to ease income-tax
requirements for Georgia farmers hit hard by Hurricane Michael in 2018. It
cleared the Georgia House March 12 and appeared set for quick passage in the
state Senate.
Then, coronavirus swept across Georgia,
forcing the General Assembly to suspend the legislative session indefinitely.
Hundreds of bills, including the 50-cent fee measure, wait in limbo until the
legislature reconvenes.
“There’s probably 30 or 40 bills that we
really need to pass,” said Senate Majority Whip Steve Gooch, R-Dahlonega. “And
the rest of them we may have to wait until next year.”
The fee measure for ride-share companies
is one of the bills lawmakers aim to pass when they return to wrap up the
session, said Gooch, who has led the push to pass the fee.
Gooch said he plans to ask Gov. Brian
Kemp to issue an executive order giving ride-share companies an exemption from
the online sales tax, which takes effect April 1. But he did not know what
Kemp’s appetite for that might be.
The complication arose when the House
added a last-minute amendment to the fee measure, House Bill 105, that sought
to make it clear that revenues from the fee would be earmarked for public
transit. Without that amendment, the bill would have gone straight to the
governor when it passed out of the House.
Gooch said lawmakers have no idea when
they will resume this year’s session. That decision is up to Lt. Gov. Geoff
Duncan in the Senate and Speaker David Ralston in the House.
“It’s unfortunate,” Gooch said. “But it’s
just one of those unusual circumstances you can’t do much about until you get
back to Atlanta.”
Meanwhile, the state Department of
Revenue is poised to start collecting the online sales taxes, regardless of any
intent lawmakers have for exempting ride-share companies from the tax and
charging them a fee instead.
“Since legislation that would modify the
tax rate for ride-share companies has not finalized its way through the
legislative process, the provisions of [the collections bill] will apply,” said
Jessica Simmons, deputy commissioner for the revenue department.
Uber may end up offering a refund for
riders charged more per trip with the sales tax until the 50-cent fee is
passed, but for now the focus is on responding to the COVID-19 pandemic.
“While sales tax will begin applying to
rides on April 1, we are advocating for a resolution when the legislature
returns with the passage and signing of [fee measure],” said Evangeline George,
a spokeswoman for the San Francisco-based company. “The safety and well-being
of Georgians is rightfully the top priority for the state right now.”
