Absentee ballot, long voter line changes pass Georgia Senate

ATLANTA – Georgia voters could see local precincts split into more than one location and gain new protections against their absentee ballots being tossed for faulty signatures under a bill that passed the Georgia Senate Thursday.

Senate Bill 463 would allow precincts that serve more than 2,000 voters or experience wait times of more than one hour to be split into smaller precincts for the next election cycle. The Georgia Secretary of State’s office would further be tasked with determining whether precincts should have more voting machines and booths in subsequent elections.

The bill would also prohibit absentee ballots from being rejected if they possess signatures that do not exactly match the signatures shown on a voter’s identification document like a driver’s license, voter ID card or employee card.

Sen. John Kennedy, the bill’s sponsor, said the changes aim to expand voter access in Georgia by reducing precinct wait times and accepting more absentee ballots. He said the bill would give voters a better experience at the polls and boost the chances for having their votes counted.

“It moves things in a positive way,” said Kennedy, R-Macon.

The bill passed by a 35-19 vote along party lines. It now heads to the Georgia House of Representatives.

Voting precincts in Georgia and across the country have experienced lengthy wait times on election day in recent election cycles, raising alarms among voting rights advocates that long lines could deter people from voting.

In Georgia, voting rights advocates called foul after thousands of absentee ballots were rejected in recent elections for having signatures that did not strictly match a person’s identification document. The Democratic Party of Georgia sued the Secretary of State’s office in federal court to change how absentee ballots are handled, claiming the practice disenfranchises many voters without certain kinds of identification.

Opponents of the bill, particularly Democratic lawmakers, worried the proposed changes could end up curbing voter turnout in areas where precincts have been split. They criticized Kennedy and Republican lawmakers for the bill’s sudden appearance and sprint to the Senate floor, having been filed less than two weeks ago.

Several Democratic senators complained they were unable to propose amendments to the bill after Republicans mustered enough votes Thursday to “engross” the measure, meaning it could not be altered on the Senate floor.

“We’re dealing with something that is so fundamental to what we know as far as voting is concerned,” said Sen. Harold Jones II, D-Augusta. “Why are we rushing this through?”

First coronavirus death in Georgia confirmed

Coronavirus cases have been confirmed in Georgia. (Image: Centers for Disease Control and Prevention)

ATLANTA – A 67-year-old man is the first person to die from coronavirus in Georgia, Gov. Brian Kemp’s office announced Thursday.

State health officials have announced more than two dozen new cases in recent days. As of Wednesday night, a total of 31 people had tested positive for the respiratory virus or were awaiting confirmation by federal officials of their results.

State officials did not identify the deceased man in a news release issued just after 12:30 p.m. Thursday. He was hospitalized at WellStar Kennestone Hospital in Marietta last Saturday (March 7).

Kemp, in a statement, urged Georgians to wash their hands, to stay home if sick, and for seniors and people with serious chronic health issues to prepare to remain at home in the event of a local outbreak.

“As our state continues to address this pandemic, I urge Georgians to remain calm and support their neighbors and communities,” Kemp said. “We are in this fight together.”

Kemp is scheduled to hold a press conference at 3 p.m. to provide more details on coronavirus.

The governor is appropriating $100 million in state funds for coronavirus prevention and response efforts. Lawmakers have advised the public to monitor the ongoing legislative session from afar and avoid the Georgia Capitol in downtown Atlanta.

The Democratic Party of Georgia has called for the session to adjourned early just as it enters the busiest bill-passing stretch, with hundreds of people packed into the Capitol building. The party has also cancelled all of its political events for the foreseeable future as Georgia enters a hectic 2020 election season.

Many large gatherings like annual St. Patrick’s Day parades have been cancelled across the state. The NCAA basketball tournament hosted in Atlanta next week will be played without fans in the stands to watch.

Thousands of children were kept out of schools in the Atlanta area after a Fulton County Schools district teacher contracted the virus last week.

State officials have warned the number of confirmed coronavirus cases should increase as diagnostic testing continues. An isolation center consisting of trailers for people who cannot quarantine themselves at home has been set up on a portion of Hard Labor Creek State Park in Morgan County.

Georgia joined a growing list of states with confirmed COVID-19 cases earlier this month after a father and his son from Fulton County tested positive for the virus following the father’s trip to Milan, Italy.

The novel strain of coronavirus is thought to spread largely by “respiratory droplets” when someone coughs or sneezes after symptoms are present, according to the federal Centers for Disease Control and Prevention. Symptoms appear within two to 14 days of contraction and include fever, coughing and shortness of breath.

Hazing penalties for Georgia colleges pass state Senate

ATLANTA – Hazing at Georgia colleges and universities could draw stiffer penalties in a bill that boosts fines and jail time for students who endanger their peers by forced inebriation, physical threats and violence.

The measure, House Bill 423, stems from the 2017 death of Louisiana State University student Max Gruver, who died from alcohol poisoning after being hazed by members of the Phi Delta Theta fraternity.

Gruver, a 2017 graduate from Blessed Trinity Catholic High School in Roswell, was forced to drink liquor for failing to correctly answer fraternity-related trivia questions. His death led to the arrests of several fraternity members and a felony negligent homicide conviction of the ringleader.

The bill passed Thursday, dubbed the “Max Gruver Act,” would make hazing acts that cause serious bodily injury or death a felony under Georgia law, carrying a prison sentence of between one and five years plus a maximum $50,000 fine.

Sponsored by Sen. John Albers, the tougher hazing penalties would apply for students at all Georgia state, technical, and private universities and colleges.

Albers, R-Roswell, said the proposed would help stave off future deaths resulting from hazing like what happened to Gruver.

“This bill will ultimately save lives,” Albers said from the Senate floor Thursday.

The bill unanimously passed out of the Senate Thursday. It heads to the Georgia House of Representatives.

Beyond felony punishments, the bill would prohibit students from participating in or being subjected to less severe hazing acts in order to join a school organization like fraternities and sororities, sports teams or other clubs.

Those activities could include excessive alcohol consumption, mental torture or physical harm like whipping, beating and paddling. Violators would face a misdemeanor charge carrying a maximum one-year prison sentence and $5,000 fine.

The state Attorney General’s office could further bring charges against organizations that knew dangerous hazing was happening and ignored it. Students and others who sound the alarm or helped break up dangerous hazing activities would be protected from prosecution under the bill, even if they participated in the hazing.

The bill would also require colleges and universities to track annually of all violations of state hazing law and school conduct policies and release those findings in a public report.

Albers reduced some of the hazing penalties after defense attorney representatives raised objections over punishments for casual alcohol use and potentially vague language on what would be a criminal act.

Gruver’s parents attended a Senate committee hearing on the bill earlier this month to show their support for the tougher penalties. His father, Stephen Gruver, called the bill a good example for other states.

“This is one of the strongest and most comprehensive bills in the country,” Gruver said. “It’s going to set the bar for states to follow.”

Push to lower tuition for undocumented ‘Dreamers’ stalls in Georgia House

Christian Olvera (right) and Israel Arce (left), both DACA-beneficiary students, pose outside the House Higher Education Committee on March 11, 2020. (Photo by Beau Evans)

ATLANTA – A push to let undocumented students pay in-state tuition for publicly funded colleges in Georgia hit a roadblock Wednesday as House lawmakers shelved a hoped-for bill in the legislative session.

In a hearing Wednesday afternoon, House Higher Education Committee Chairman Chuck Martin declined to call a vote on a measure that would extend in-state tuition to undocumented Georgia residents protected from deportation under the federal Deferred Action for Childhood Arrivals (DACA) policy.

The decision effectively ended a bid this year by DACA advocates to ease college tuition hurdles ahead of a ruling from the U.S. Supreme Court in the coming months that could decide the residency fate of DACA recipients in the U.S.

Martin, R-Alpharetta, said he wanted to wait until after the court’s ruling before tampering with Georgia law on undocumented students.

“You’re here now. You’re just as much a Georgia guy as I am and I mean that,” Martin said. “That said, the folks in Washington need to get together and figure this out.”

The measure up for consideration, House Bill 997, called for granting in-state tuition to non-U.S. citizens like DACA recipients to most public colleges so long as they had lived in the country since age 12, were under 30 years old, had lived in Georgia for four years before enrolling in college and obtained a high school or GED diploma here.

It would have applied for most of the 26 schools in the University System of Georgia except for the University of Georgia, Georgia Tech and Georgia State University, which do not grant admissions to DACA recipients.

Sponsored by Rep. Kasey Carpenter, the bill was one of a handful filed in the House this year but was viewed by DACA advocates as having the best shot at moving forward. Carpenter, R-Dalton, said DACA recipients in his heavily Latino district and elsewhere already working toward college degrees ought to get a fairer shake financially before federal policy on the issue is settled.

“Sometimes, the federal government doesn’t take care of business and leaves us with no avenue,” Carpenter said.

DACA recipients, called “Dreamers”, were brought to the U.S. as children with their parents and possess temporary work authorization permits but are not legal permanent residents. There were about 21,000 Dreamers in Georgia as of June 2019, according to the nonprofit Migration Policy Institute.

Students who are not U.S. citizens have been largely barred from qualifying for in-state tuition in Georgia since 2008 — though state law does give universities leeway to allow in-state tuition for green-card holders, refugees and asylum seekers. In-state tuition tends to be much lower than out-of-state rates.

Many DACA recipients who grew up in Georgia attend state colleges but must pay out-of-state tuition, which can be triple the cost of in-state tuition. Christian Olvera said he pays about $6,000 per semester currently to attend Dalton State College as a DACA recipient, three times more than the roughly $2,000 he said he would for in-state tuition.

Olvera, whose parents migrated from Mexico, said he was buoyed by the fact House lawmakers gave Carpenter’s bill a hearing instead of leaving it to languish in the legislative dustbin. But the largely symbolic victory was bittersweet.

“Eyes on the prize,” Olvera said after the hearing. “It’s only right to do that for the sacrifices of the people who came before us.”

Legalized casinos, sports betting, horse racing back before Georgia House

ATLANTA – Georgia House lawmakers pushed long-awaited gambling legislation out the front door Wednesday ahead of a key deadline in this year’s General Assembly session.

Voters statewide would be asked whether casinos, horse racing and sports betting should be legalized in Georgia via an amendment to the state’s constitution. Constitutional amendments need two-thirds approval in both legislative chambers before being put to voters.

A proposal to add that amendment to the Nov. 3 ballot was quietly heard and passed out of the House Regulated Industries Committee Wednesday. The amendment and a separate “enabling” bill formally laying out the ground rules for gambling could head to the House floor for a vote Thursday, the last day for bills in General Assembly to move out of one chamber in time to be considered in the other during this year’s legislative session.

“My perception is I have no problem with people having the right to be heard,” said House Regulated Industries Committee Chairman Alan Powell, R-Hartwell.

The three-part gambling proposal faces a tough road in the General Assembly. Even if it passes the House, top lawmakers in the Georgia Senate have cast serious doubts the proposal could clear their chamber.

A different bill focused only on legalizing sports betting already stalled in the Senate after being filed late last month by Sen. Burt Jones, R-Jackson.

Gambling aficionados have long urged the state legislature to give voters the final say in whether they want to partake in gaming forms besides just the Georgia Lottery, which sends millions of dollars each year to the popular HOPE scholarship. Detractors call the activity a moral vice that squanders people’s money and family time.

If passed, money taxed from casinos and horse racing would go toward state-funded education, while revenues from sports betting would be reserved for health-care purposes such as potentially expanded insurance coverage.

A new commission would be set up to oversee horse racing and casino activities. The lottery would manage sports betting.

Mike Griffin, the public affairs minister for the Georgia Baptist Ministry, cautioned lawmakers Wednesday against potentially exacerbating addiction and other issues religious groups often attribute to gambling.

“These three being put on there is like a gambling nuclear bomb going off,” Griffin said. “If we’re not careful, it’ll be like on Andy Griffith. We’ll end up cutting the oak tree down that was causing people to come to the town to start with.”

Supporters countered gambling revenues would provide a needed boost for educational initiatives, like the lottery did when it was created in 1992.

“This is an opportunity for economic progress in Georgia,” said Rep. Al Williams, D-Midway. “Everything has a downside. But I remember the arguments against the lottery, which I can’t find anymore.”

Chance to clean up criminal records in Georgia heads to Senate

ATLANTA – Second-chance legislation allowing Georgians to clear minor offenses off their criminal records in the interest of helping them secure jobs and housing is set for a vote in the Georgia Senate Thursday.

Senate Bill 288 would give people with first-time misdemeanor and non-violent felony convictions in Georgia the ability to petition superior courts to have those records shielded from public view. They would have to wait until four years after completing their sentences before filing a petition and would have to keep a clean record during that time.

More than 4.4 million people have a criminal record of at least an arrest in Georgia, totaling nearly half the state’s population, according to the Georgia Bureau of Investigation. Allowing many of them to block prospective employees or landlords from seeing minor crimes for which they have completed sentences should improve the state’s economic and social environment, according to the bill’s sponsor, Sen. Tonya Anderson.

“There are millions of Georgians that cannot get a job or housing and employment,” said Anderson, D-Lithonia.

Anderson’s bill is one of several before the General Assembly that would let more people shield their criminal records than Georgia law currently permits. Law enforcement agencies would still have access to the records.

Her bill would not apply to people with convictions for certain domestic and nuisance charges like family violence and stalkers, plus other major offenses like sex crimes, drunk driving and child molestation.

State law currently requires people with certain downgraded charges, vacated convictions and cases that have languished for years to petition a court to restrict access to their records. But only certain misdemeanor convictions can be shielded such as for alcohol-related charges, first-time drug possession and crimes committed before age 21.

Originally, Anderson’s bill proposed to automatically restrict public access to most kinds of criminal convictions and arrest histories. It would have allowed records of felony charges to be shielded if 10 years have passed since the sentence was completed, as well as for overturned convictions and any charges that never led to a conviction.

But Anderson’s bill was swapped out last week in the Senate Judiciary Committee for a measure filed in the Georgia House by Rep. Mandi Ballinger, R-Canton. Several criminal justice groups like the nonprofit Georgia Justice Project and the Georgia Association of Criminal Defense Lawyers backed the changes even though they did not go as far as Anderson’s original bill.

Brenda Smeeton, the Georgia Justice Project’s legal director, said at a committee hearing last week the revised bill mimics the more gradual approach other states have taken in recent years to enact second-chance laws.

“We think this would be a huge step,” Smeeton said.

Anderson’s revised bill is scheduled for a vote on the Senate floor Thursday, the last day for bills in General Assembly to move out of one chamber in time to be considered in the other during this year’s legislative session.