Tag Archives: Georgia

Georgia, Recall Elections, Impeachment, and Removal — a Legal Primer

In the aftermath of a weak of sedition and riots, I am seeing a lot of questions about issues related to the seating (or exclusion) of Senators and Representatives.  I am also seeing questions about what can be done to bring a quicker end to the mistake that was the Trump presidency.

Let’s start with the Georgia elections.  As we learned in November, it takes time to finalize the election results.  In Georgia, there are three key deadlines.  The first is the deadline for receipt of overseas ballots and for the curing of “rejected” absentee ballots and for determining the validity of provisional ballots.  That deadline was the close of business today.     So, at the present time, all  of the counties should know if they have any votes left to count.

The second deadline is next Friday — January 15.  By that date, all of the approximately 160 counties are supposed to have completed their county canvass and certified all votes to the Secretary of State.  This deadline can be extended if the Secretary of State orders a pre-certification audit (as happened in the presidential race).  (It is unclear how the audit will apply to the Senate races.  The state law required one for the November election but is ambiguous as to the run-off election.  The Secretary of State also opted for a complete hand recount of all votes in the presidential race — which technically is not an audit — but the statute only requires an audit of random counties and precincts.  If a proper – in other words,  limited — audit is conducted, the counties that have to do the audit may not need an extension.) Continue Reading...

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Georgia on My Mind

A week from today, there will be two runoff elections in Georgia for its two Senate seats.  One, the race between Senator David Perdue and Jon Ossoff will be for a full six-year term.  The other, the race between Senator Kelly Loeffler and Reverend Raphael Warnock is for the last two years of former Senator John Isakson’s term.

Georgia, like many southern states, requires a primary run-off if no candidate wins a majority in the primary.  However, Georgia is part of a very small set of states that requires a run-off if no candidate wins a majority in the general election (except for the selection of presidential electors).  It also, like some other states (again mostly in the south), uses a so-called jungle primary for special elections in which all candidates from all parties run on the same ballot in the general election rather than having party primaries to pick candidates for the special election.  Back in November, the Libertarian candidate did just well enough in the Perdue-Ossoff race to prevent anybody from getting a majority, and there were enough candidates running in both parties that nobody got over 35% of the vote with Warnock and Loeffler advancing to the runoff.

As the fact that it is primarily found in the South should indicate, runoff elections have a somewhat racist history in the U.S.  While not the only reason for wanting a runoff, keeping power for the white political and economic establishment against reformers who might support an increased role for minorities (among other things) was a motivating factor. Continue Reading...

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Electoral College

One of the often misunderstood aspects of U.S. elections is how the popular vote relates to the election of the President.  While, in the majority of the states, the ballot simply lists the candidates for President (along with the Vice-Presidential running mate), voters are effectively voting for a slate of electors.  The winning slate in each state then assembles on the first Monday after the second Wednesday in December at the location and time designated by that state.  After assembling, the electors for the state cast a vote for President and a vote for Vice-President.  The votes are then counted, and the electors complete six certificates of vote recording the votes of the electors for that state.  Each certificate of vote is paired with one of the previously completed certificates of ascertainment.  Federal law then directs what happens with the six certificates of vote with one going to the President of the Senate (in practice, the clerk of the Senate), two to the national archives, two to the secretary of state of the individual state, and one to the federal district court for that state.

Normally, the meeting of the electoral college is a big ceremonial event.  With Covid-19 and the potential for protests to get out of control, it appears that most of the states are planning on holding scaled-down events.

The fringe element of Trump supporters (and President Putin) are hoping for some last minute drama for Monday, but that is practically impossible for several reasons.  First, earlier this year, the U.S. Supreme Court upheld state laws requiring electors to vote for the presidential candidate to whom they are pledged.  While states have different laws on so-called faithless electors,  the net effect of those laws is that sixty-nine Biden electors are from states that replace an elector and cancel the electors vote if the elector fails to follow through on their pledge, sixty are from states that fine the elector, seventy-one are from states with pledges but no enforcement provision, and one hundred six are from states with no law on this issue.  That means that, at most, there are 237 Biden electors who could defect. Continue Reading...

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Where Things Stand

In part because of one sore loser, this year’s election seems to be the one that will not end.  And that means that almost any post based on current information is no longer accurate several days later.  As noted in previous posts, there are three big questions:  1) when are absentee ballots due; 2) when will the vote be certified; and 3) what states might be subject to recounts.  There is also the never-ending litigation being filed by the Trump campaign.

At the present time, California is probably the biggest state in which we are still waiting for late absentee ballots with a deadline of Friday.  At the time that I am writing this post, the margin in the Twenty-Fifth District is less than 100 votes; so late arriving ballots could be a key.  In addition, a recount is a real possibility.

The other big state in which there remains a significant number of ballots to be counted is New York.  At the present time, Democrats have apparently lost the Eleventh District (Staten Island).  There are three Democratic districts that have not been called, but Democrats now lead in two of the three.  There are also two Republican districts that have not been called, but the Republicans have significant leads in both.  Whether the remaining votes will actually swing the districts is unclear. Continue Reading...

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A recount primer

We are now moving into the universe where aside from spinning fictional conspiracy theory, Donald Trump is, for all practical purposes, down to recounts to keep his slim hopes of avoiding an orange jump suit alive.

As with everything else about this election that we have talked about over the past three weeks, the basic rules for recounts are set by state law.  So looking at the states in which Trump is most likely to ask for a recount, here are the rules.

Arizona — In Arizona, the margin must be less than 0.1%.   Any such recount is automatic, and a candidate is not able to request a recount.  Assuming a final vote total of slightly under 4 million votes, the margin would have to slip under 4,000 to have a recount.  Apparently, in Arizona, the recount is done by rerunning the ballots through counting machines. Continue Reading...

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Election Night Preview — Part 1 (6 PM to 8 PM EST)

Election Night in the U.S. is always different from how things play out in most other countries.  The U.S. is one of a handful of countries that have more than two time zones.  And, in most of those other countries, all areas within the same time zone close at the same time.  Voting hours in these countries are set by federal law.  In the U.S., however, voting hours are set by state law.   And that creates a weird sequence of poll closing times.

In addition, poll closing times are, in some sense, tentative.  While you need to be in line to vote by the time that polls close, anybody in line to vote gets to vote.  For states that close in the early evening, long lines at closing time are nor unusual as there is not much of a window to vote after getting home from work resulting in many people attempting to vote after work still being in line when the polls cloase.  And there is always the possibility of an emergency order permitting certain precincts to stay open late to compensate for problems earlier in the day.  Even after polls close, many jurisdictions use a centralized counting location.   That means that there is a lag time between the polls closing and the ballots getting to the counting location.  In my county, the closest precincts are still only getting to the county seat about thirty minutes after polls close and the far edges of the county are getting there around an hour after the polls close.  As a result, it typically takes ninety minutes for my small (eighteen precinct) county to report all of the results.  Large urban counties can take three to four hours to report all of their election night results.  This delay in reporting (which is pretty much the same in most states) is one thing that traditionally makes it difficult to project result.  If the three largest counties in a state have only reported 10% of the vote while the rest of the state is 80% in, there is still a large number of votes that can change who wins a close race.

The other issue that will impact this election is the number of mail-in votes.  As we have previously discussed, every state has different rules for counting mail-in votes.  In most states, early in-person votes will be released around the same time (if not before) the election day votes, but mail-in votes will be reportedly differently in different states.  As such, with each state, the big questions will be:  1) is the reported vote just the early vote or also the election day vote; 2) if we have full early vote and partial election day vote, how much does the election day vote differ from the early vote; and 3) how much of the mail-in vote has been counted and how much may remain to be counted or still be “in the mail”?  The early count from a state may appear to be lopsided, but — without knowing the answers to these questions — it will be more difficult to determine if we have enough of the vote counted to know who is going to win.  In states that are used to large mail-in vote totals, it is not unusual to not know the winner of the closest race for a day or two after the election as we finally get enough mail-in votes counted. Continue Reading...

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Runoffs and Control of the Senate

With less than three weeks to go until election day. A lot of ink has been spilled over how state laws on the receipt and counting of absentee/mail-in ballots could delay knowing who won the presidential election.  But it could take even longer to know who will control the U.S. Senate.

One of the reasons is, of course, that the same delay in counting votes for the Presidential election could also delay counting the votes for the Senate elections.  However, given where the seats are and the current polling average, I expect that most Senate seats will be called on election night.  And it is possible that one party or the other will have a good enough night to get to 51 seats by midnight.

But there is a real chance that control of the Senate will come down to three races.  (At the very least, these three races will impact how comfortable the majority is.  Both parties have a handful of Senators who will occasionally split on a key vote.  Needless to say a 50-50 Senate with Vice-President Harris only voting in the case of a tie is going to be less likely to pass major legislation than a 53-47 Senate especially if the filibuster finally goes the way of the dodo.)  And in all three races, the election may not be over on election night. Continue Reading...

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Cut Time

A political party serves two fundamental purposes.

First, people form and join political parties to advance policy.  (Of course, there are disagreements on the exact priorities or the specific details of policy proposals.)  In fact, one of the biggest mistakes that the Framers made was not anticipating that, once there were elections for federal offices, the groups in New Jersey that favored rural farmers over “urban” merchants would unite with similar groups in Georgia (and vice versa for the groups that favored merchants) rather than stay isolated in their own states.  Simply put, if you want a single-payer health care system, you are more likely to get it by forming a large group with other supporters of that type of proposal than working on your own.

Second, the way that political parties try to advance policy is by getting their candidates elected to office.  You can’t pass a single-payer system if the opponents of single-payer have the majority in Congress or control the White House.  And political parties win elections by finding good candidates and raising and spending money to support those candidates.   Especially in the year before the election, money tends to be spent on creating tools (like voter databases and helping state parties) that are available to all candidates that run on the party’s ticket.  And at this point in time, with the exception of the last handful of state primaries, the parties have their candidates. Continue Reading...

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2018 Mid-term Election Preview — Atlantic South

There is an old joke about Pennsylvania that (at least politically) it is Pittsburgh and Philadelphia with Alabama in the middle.  The same joke, in many ways, can be made about the five southern states that border the Atlantic Coast, particularly Virginia, North Carolina, and Florida.  All three states are divided between regions that very much resemble the Democratic areas in the Northeast and Pacific Coast, and regions that are very much still the rural South.  These divisions have made all three states very purplish at the state level and have made the drawing of district lines very crucial to the race for Congress.

Starting with Virginia, Tim Kaine has a solid lead against the Confederate Republican nominee Corey Stewart.   The real battle in Virginia will be for House seats.  Democrats currently hold four seats (out of eleven seats).  Democrats are currently looking at taking anywhere between one and four seats.  The key to Democratic growth in Virginia has been the D.C. suburbs and the Republican disrespect for any type of expertise.   These districts are a model of how Trump is driving moderate Republicans to the Democratic Party.

In North Carolina, Republicans in the state legislature have stated that the current map was drawn as it is (a 10-3 Republican advantage) because it was impossible to draw a map that would have allowed the Republicans to reliably win eleven seats.  While the local federal court struck down the current map less than two months ago, there was not enough time to redraw the lines for this year (and the Supreme Court would probably have intervened if the judges had tried).  Fighting against this stacked deck, the Democrats have a decent shot at one seat due to Republican divisions in that district (the incumbent lost in the Republican primary).  There are two other districts were, with good results, the Democrats might be able to pick up the seat.  Like Virginia, North Carolina is another state where the hostility of the Republican Party to basic science is driving college educated votes associated with is research corridor into the Democratic Party. Continue Reading...

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