What Georgia’s Voting Law Really Does – The New York Times

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Page 11: The Secretary of State shall be t̶h̶e̶ ̶c̶h̶a̶i̶r̶p̶e̶r̶s̶o̶n̶ ̶o̶f̶ ̶t̶h̶e̶ ̶b̶o̶a̶r̶d̶ an ex officio nonvoting member of the board. Three voting members of the board shall constitute a quorum, and no vacancy on the board shall impair the right of the quorum to exercise all the powers and perform all the duties of the board. The board shall adopt a seal for its use and bylaws for its own government and procedure.

This is a more direct attack on the powers of the secretary of state, effectively eliminating that person’s voice on the State Election Board.

Viewed through the lens of the 2020 election, this could be seen as revenge for Georgia Republicans against the current secretary of state, Mr. Raffensperger, who would not capitulate to Mr. Trump’s demands to overturn the results under a false banner of fraud.

Page 11: The State Election Board may suspend county or municipal superintendents and appoint an individual to serve as the temporary superintendent in a jurisdiction. Such individual shall exercise all the powers and duties of a superintendent as provided by law, including the authority to make all personnel decisions related to any employees of the jurisdiction who assist with carrying out the duties of the superintendent, including, but not limited to, the director of elections, the election supervisor, and all poll officers. (g) At no time shall the State Election Board suspend more than four county or municipal superintendents pursuant to subsection (f) of this Code section.

Another power play by Republican state lawmakers. Tensions have long simmered between state and county election officials in Georgia, particularly in Fulton County, the largest Democratic hub in the state, where officials say they have been targeted and deprived of support by Republicans at the state level. Election officials in Fulton County, for their part, have had their historical share of mistakes and mismanagement.

Now the State Election Board, newly influenced by the partisan Legislature, will have the power to suspend county election officials. That part of the new law alarmed some Democratic legislators, who noted that it could particularly affect counties like Fulton, which contains 15 percent of those in the state who voted Democratic in the November election.

The law does state that the bar for suspension is high: either a minimum of three clear violations of State Election Board rules, or “demonstrated nonfeasance, malfeasance, or gross negligence in the administration of the elections” in two consecutive elections.

In the event of a suspension, the State Election Board would name a temporary replacement.

Page 87: In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, run-off election, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such r̶u̶n̶-̶o̶f̶f̶ ̶p̶r̶i̶m̶a̶r̶y̶,̶ ̶s̶p̶e̶c̶i̶a̶l̶ ̶p̶r̶i̶m̶a̶r̶y̶ ̶r̶u̶n̶o̶f̶f̶,̶ ̶r̶u̶n̶-̶o̶f̶f̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶,̶ ̶o̶r̶ ̶s̶p̶e̶c̶i̶a̶l̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶ runoff shall be held a̶s̶ ̶p̶r̶o̶v̶i̶d̶e̶d̶ ̶i̶n̶ ̶t̶h̶i̶s̶ ̶s̶u̶b̶s̶e̶c̶t̶i̶o̶n̶.̶ ̶

(̶2̶)̶ ̶I̶n̶ ̶t̶h̶e̶ ̶c̶a̶s̶e̶ ̶o̶f̶ ̶a̶ ̶r̶u̶n̶o̶f̶f̶ ̶f̶r̶o̶m̶ ̶a̶ ̶g̶e̶n̶e̶r̶a̶l̶ ̶p̶r̶i̶m̶a̶r̶y̶ ̶o̶r̶ ̶a̶ ̶s̶p̶e̶c̶i̶a̶l̶ ̶p̶r̶i̶m̶a̶r̶y̶ ̶o̶r̶ ̶s̶p̶e̶c̶i̶a̶l̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶ ̶h̶e̶l̶d̶ ̶i̶n̶ ̶c̶o̶n̶j̶u̶n̶c̶t̶i̶o̶n̶ ̶w̶i̶t̶h̶ ̶a̶ ̶g̶e̶n̶e̶r̶a̶l̶ ̶p̶r̶i̶m̶a̶r̶y̶,̶ ̶t̶h̶e̶ ̶r̶u̶n̶o̶f̶f̶ ̶s̶h̶a̶l̶l̶ ̶b̶e̶ ̶h̶e̶l̶d̶ ̶o̶n̶ ̶t̶h̶e̶ ̶T̶u̶e̶s̶d̶a̶y̶ ̶o̶f̶ ̶t̶h̶e̶ ̶n̶i̶n̶t̶h̶ ̶w̶e̶e̶k̶ ̶f̶o̶l̶l̶o̶w̶i̶n̶g̶ ̶s̶u̶c̶h̶ ̶g̶e̶n̶e̶r̶a̶l̶ ̶p̶r̶i̶m̶a̶r̶y̶.̶ ̶ ̶ ̶(̶3̶)̶ ̶I̶n̶ ̶t̶h̶e̶ ̶c̶a̶s̶e̶ ̶o̶f̶ ̶a̶ ̶r̶u̶n̶o̶f̶f̶ ̶f̶r̶o̶m̶ ̶a̶ ̶g̶e̶n̶e̶r̶a̶l̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶ ̶f̶o̶r̶ ̶a̶ ̶f̶e̶d̶e̶r̶a̶l̶ ̶o̶f̶f̶i̶c̶e̶ ̶o̶r̶ ̶a̶ ̶r̶u̶n̶o̶f̶f̶ ̶f̶r̶o̶m̶ ̶a̶ ̶s̶p̶e̶c̶i̶a̶l̶ ̶p̶r̶i̶m̶a̶r̶y̶ ̶o̶r̶ ̶s̶p̶e̶c̶i̶a̶l̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶ ̶f̶o̶r̶ ̶a̶ ̶f̶e̶d̶e̶r̶a̶l̶ ̶o̶f̶f̶i̶c̶e̶ ̶h̶e̶l̶d̶ ̶i̶n̶ ̶c̶o̶n̶j̶u̶n̶c̶t̶i̶o̶n̶ ̶w̶i̶t̶h̶ ̶a̶ ̶g̶e̶n̶e̶r̶a̶l̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶,̶ ̶t̶h̶e̶ ̶r̶u̶n̶o̶f̶f̶ ̶s̶h̶a̶l̶l̶ ̶b̶e̶ ̶h̶e̶l̶d̶ ̶o̶n̶ ̶t̶h̶e̶ ̶T̶u̶e̶s̶d̶a̶y̶ ̶o̶f̶ ̶t̶h̶e̶ ̶n̶i̶n̶t̶h̶ ̶w̶e̶e̶k̶ ̶f̶o̶l̶l̶o̶w̶i̶n̶g̶ ̶s̶u̶c̶h̶ ̶g̶e̶n̶e̶r̶a̶l̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶.̶ ̶ ̶ ̶(̶4̶)̶ ̶I̶n̶ ̶t̶h̶e̶ ̶c̶a̶s̶e̶ ̶o̶f̶ ̶a̶ ̶r̶u̶n̶o̶f̶f̶ ̶f̶r̶o̶m̶ ̶a̶ ̶g̶e̶n̶e̶r̶a̶l̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶ ̶f̶o̶r̶ ̶a̶n̶ ̶o̶f̶f̶i̶c̶e̶ ̶o̶t̶h̶e̶r̶ ̶t̶h̶a̶n̶ ̶a̶ ̶f̶e̶d̶e̶r̶a̶l̶ ̶o̶f̶f̶i̶c̶e̶ ̶o̶r̶ ̶a̶ ̶r̶u̶n̶o̶f̶f̶ ̶f̶r̶o̶m̶ ̶a̶ ̶s̶p̶e̶c̶i̶a̶l̶ ̶p̶r̶i̶m̶a̶r̶y̶ ̶o̶r̶ ̶s̶p̶e̶c̶i̶a̶l̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶ ̶f̶o̶r̶ ̶a̶n̶ ̶o̶f̶f̶i̶c̶e̶ ̶o̶t̶h̶e̶r̶ ̶t̶h̶a̶n̶ ̶a̶ ̶f̶e̶d̶e̶r̶a̶l̶ ̶o̶f̶f̶i̶c̶e̶ ̶h̶e̶l̶d̶ ̶i̶n̶ ̶c̶o̶n̶j̶u̶n̶c̶t̶i̶o̶n̶ ̶w̶i̶t̶h̶ ̶a̶ ̶g̶e̶n̶e̶r̶a̶l̶ ̶e̶l̶e̶c̶t̶i̶o̶n̶,̶ ̶t̶h̶e̶ ̶r̶u̶n̶o̶f̶f̶ ̶s̶h̶a̶l̶l̶ ̶b̶e̶ ̶h̶e̶l̶d̶ on the twenty-eighth day after the day of holding the preceding general or special primary or general or special election.

Georgia has had its fair share of runoff elections recently; both of its newly seated Democratic senators, Jon Ossoff and Raphael Warnock, prevailed in such contests. The shortening of the runoff election window, which Republicans say was meant to help election administrators, could also end up overburdening them, forcing a quick turnaround to hold a runoff election even as officials are still working to certify and ratify the initial general election vote.

Shortening the runoff time will also affect both early voting and military and overseas voters. While the bill states that early voting for a runoff should begin “as early as possible,” it does not specifically require weekend voting.

Additionally, federal election law states that ballots for military and overseas voters must be mailed out 45 days before an election, so those voters will now receive ranked-choice general-election ballots rather than second, separate ballots for the runoff.

Source Article from https://www.nytimes.com/2021/04/02/us/politics/georgia-voting-law-annotated.html

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