Georgia Politics, Campaigns, and Elections for August 21, 2023

On August 18, 1591,the English settlement at Roanoke Island in the Outer Banks of what is now North Carolina was found deserted.

James Oglethorpe and the Creek Indians signed the Treaty of Coweta Town, delineating geographic areas open to British settlement, on August 21, 1739.

On August 20, 1781, General George Washington sent Continental troops from New York toward Yorktown, Virginia to engage British troops under Gen. Cornwallis.

On August 18, 1795, President George Washington signed a treaty with Great Britain called the Jay Treaty, after Supreme Court Justice John Jay who negotiated it. Thomas Jefferson and James Madison led opposition to the treaty.

USS Constitution earned the nickname “Old Ironsides” in battle against the British ship Guerriere off the coast of Nova Scotia on August 19, 1812. Launched in 1797, Constitution is today the oldest commissioned vessel in the United States Navy. Live oak from St. Simons Island were cut and milled for timber used in the constructions of Constitution. From a 1977 New York Times article:

The Constitution won her way into Americans’ hearts in 1812, when she defeated the British Guerriere off Nova Scotia in an exchange of broadsides. The spirit of the Constitution crew was noted by the Guerriere’s commander, James Dacres, who boarded the Constitution to present his sword in surrender.

“I will not take your sword, Sir,” the captain of the Constitution, Isaac Hull, replied. ”But I will trouble you for your hat.”

In the battle, a sailor — whether British or American is disputed by historians — is said to have cried out, ”Huzzah, her sides are made of iron!” as he watched an English cannonball bounce off the side of the Constitution. It was the birth of her nickname.

Part of the ship’s secret lay in the wood used in the design by Joshua Humphreys. He picked live oak, from St. Simons Island, Ga. The wood has proved so strong and resistant to rot that the original hull is intact, said Anne Grimes Rand, curator of the Constitution Museum in Charlestown, Mass.

On August 21, 1831, Nat Turner led the largest slave rebellion in American history; Turner was later hanged in Jerusalem, VA.

The first of the Lincoln-Douglass series of seven debates was held in Ottawa, Illinois, on August 21, 1858, pitting Democrat Stephen Douglass against Republican Abraham for the United States Senate seat held by Douglass. Expansion of slavery in the United States was the topic for the debates.

On August 18, 1862, Confederate Major General of Cavalry J.E.B. Stuart was nearly captured, losing his distinctive hat and cloak and written copies of Lee’s orders near Verdiersville, Virginia.

On August 20, 1906, Gov. Joseph Terrell signed legislation to build a statue of Georgia founding father James Oglethorpe in Savannah and a bill to build a statue of former Confederate General and Georgia Governor John B. Gordon at the State Capitol.

On August 21, 1907, Georgia Governor Hoke Smith signed legislation to place a Constitutional Amendment designed to disenfranchise African-Americans by requiring passage of a literacy test to vote. A number of exceptions allowed local officials to exempt white voters whom they wished to allow to vote; one exemption was for anyone descended from a U.S. or Confederate wartime veteran – the so-called “grandfather clause.”

On the same day, Gov. Smith also signed legislation prohibiting fishing on Sunday, subject to misdemeanor prosecution.

The Georgia General Assembly adopted a joint resolution urging the creation of a federal Health Department on August 18, 1908.

The Georgia Department of Insurance was created on August 19, 1912 when Governor Joseph Brown signed legislation regulating companies selling policies in the states.

On August 18, 1916, the Cherokee Rose was designated the official state flower of Georgia by a joint resolution of the State House and Senate.

Governor Nathaniel Harris signed the first state law requiring school attendance for children 8-14 years of age on August 19, 1916; on the same day, Harris also signed legislation authorizing women to practice law in Georgia.

The practice of tipping service employees was outlawed by legislation signed on August 18, 1918.

Georgia Governor Hugh Dorsey signed legislation regulating the practice of architecture and licensing practitioners on August 18, 1919.

The Georgia Board of Public Welfare was also created on August 18, 1919 when Gov. Dorsey signed legislation establishing that body and a companion bill that created the Community Service Commission.

Tennessee became the 36th state and the final state whose ratification was required to adopt the Nineteenth Amendment on August 18, 1920, which reads:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

The Georgia Department of Archives and History was created by legislation signed by Georgia Governor Hugh Dorsey on August 20, 1918.

The sale of Coca-Cola Company from the Candlers was announced in the Atlanta Constitution on August 22, 1919.

On August 20, 1920, the American Professional Football Association, which would later be renamed the National Football League, was formed in Akron, Ohio.

“Georgia” was designated the official state song on August 19, 1922 with Gov. Thomas Hardwick’s signature on a joint resolution passed by the General Assembly; in 1979, “Georgia On My Mind,” replaced it.

On August 20, 1923, Georgia Governor Clifford Walker signed legislation requiring state schools teach the United States and Georgia Constitutions and students pass an exam on the documents before being allowed to graduate.

On August 18, 1924 Gov. Clifford Walker signed legislation that would allow a referendum on a Constitutional Amendment to allow Atlanta, Savannah, or Macon to consolidate their respective municipal governments with their county governments. Macon-Bibb County merged in 2014 after voters passed a referendum in July 2012.

Adolf Hitler became President of Germany on August 19, 1934.

On August 21, 1935, Benny Goodman and his orchestra began a seven-night stand at the Palomar Ballroom in Los Angeles, beginning the Swing Era.

The United States Central Intelligence Agency supported a coup in Iran that restored the Shah of Iran on August 19, 1953.

Happy 62d birthday to Hawaii, which became the 50th State on August 21, 1959.

The Beatles played at Atlanta-Fulton County Stadium on August 18, 1965. AtlantaTimeMachine.com has a couple images from the night.

On August 20, 1965, “(I Can’t Get No) Satisfaction” by the Rolling Stones was released in the UK.

The 1968 Democratic National Convention began in Chicago on August 21, 1968.

On August 20, 1974, President Gerald Ford nominated Nelson Rockefeller as Vice President of the United States.

On August 19, 1976, President Gerald R. Ford was nominated for President by the Republican National Convention in Kansas City, Missouri. Ford received 1,157 (52.6%) delegates to 1,087 for Ronald Reagan (47.4%). Georgia’s 48 delegates voted for Reagan on the first ballot.

On August 19, 1981, President Ronald Reagan nominated Sandra Day O’Connor as an Associate Justice of the United States Supreme Court.

On the same day, Dr. Betty Siegel became the first female President of a state college or university in Georgia when she was named President of Kennesaw College on August 19, 1981; under her leadership, it became Kennesaw State University in 1996. Siegel served until 2006. Kennesaw State was recently named the 4th best college for food in the nation.

On August 18, 1991, hardline Commies in the Soviet Union arrested Prime Minister Mikhail Gorbachev as part of a coup against Gorbachev’s reforms.

On August 18, 2015, Jeb Bush visited The Varsity in Atlanta. Here’s the funniest line from the CBS46 story:

Recently, Bush put a series of “Jeb No Filter” videos on YouTube and some say it’s a way to bring up his popularity.

“We’re going to work hard to earn the support of Georgians in the March 1 primary. It’s the second largest state in the primary, it’s our neighbor to our north, we’re going to be working hard,” Bush said.

While the instinct behind “Jeb No Filter” may have been good, it would take Donald Trump to show what No Filter really means.

Georgia Politics, Campaigns, and Elections

Separation of Powers

I’d hoped to avoid talking about the Trump trial much, as the mainstream media is in overdrive on that. But two items sparked my interest because of the ramifications for our Constitutional order and the separation of powers.

Former White House Chief of Staff Mark Meadows seeks to remove his case to federal court, citing a federal statute, according to the AJC.

In a 28-page motion filed on Saturday, Meadows’ attorneys argued that their client is immune from state charges for the work he did when he was a federal official carrying out his job.

“The State’s prosecution of Mr. Meadows threatens the important federal interest in providing the President of the United States with close, confidential advice and assistance, firmly entrenched in federal law for nearly 100 years,” attorneys Joseph Englert, George Terwilliger, John Moran and Michael Francisco argued.

If such a prosecution were allowed to move forward, they continued, it would give “rise to precisely the sort of state interference in federal affairs the Supremacy Clause (of the U.S. Constitution) prohibits.”

The filing came days after Meadows’ attorneys sought to move their client’s case from state to federal court under the so-called removal statute, which was enacted in 1789 to protect federal officials from being harassed and prosecuted by state officials. Trump and former Justice Department official Jeffrey Clark are expected to make similar moves.

The Supremacy Clause, Article VI, Paragraph 2 of the United States Constitution, states that the U.S. Constitution, federal laws, and treaties constitute the “supreme Law of the Land.” It helps regulate the relationship between state laws and governments and federal laws and government.

Meanwhile, Georgia Senator Shawn Still (R-Norcross) may be suspended from office after being indicted in the Trump case, according to the AJC.

A Georgia state senator faces a possible suspension after he was indicted this week on charges involving what prosecutors say was his role in Donald Trump’s bid to overturn the 2020 presidential election.

Fulton County District Attorney Fani Willis forwarded a copy of the indictment to Gov. Brian Kemp this week. That kicks off a process that could lead to the suspension of Sen. Shawn Still, R-Norcross.

“The evidence at trial will show that Sen. Still is innocent as the day is long,” Tom Bever, Still’s attorney, said this week. “We look forward to our day in court to clear his good name.’”

Under Georgia law, Still could be suspended from the Senate while the case is pending.

A Kemp spokesman confirmed the governor had received a copy of the indictment. He now must wait 14 days before appointing a three-member panel — Republican Attorney General Chris Carr and one member each from the House of Representatives and Senate — to review Still’s case.

The commission then must provide a “speedy hearing” under state law and make a written report within 14 days. If the commission determines the indictment relates to or adversely affects the administration of Still’s office, and the public is adversely affected, state law says, Kemp “shall suspend the public official immediately.”

Article I, Section II, Paragraph III of the Georgia Constitution reads:

Separation of legislative, judicial, and executive powers. The legislative, judicial, and executive powers shall forever remain separate and distinct; and no person discharging the duties of one shall at the same time exercise the
functions of either of the others except as herein provided.

But maintaining the separation of powers also means preventing a branch of government from exercising undue influence over another branch. In Georgia, Article III, Section IV, Paragraph, IX states:

The members of both houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace. No member shall be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house.

A concern in Georgia’s early governance was protecting legislators who had to travel to the State Capitol. An enterprising law enforcement official could tilt the balance in power in the legislature by simply arresting legislators on their way to the Session. From the Congressional annotated U.S Constitution:

In his Commentaries on the Constitution of the United States, Justice Joseph Story discussed the practice of privileging members of Parliament and colonial legislatures from arrest, reasoning that privilege from arrest reflected the superior duties of members of legislative bodies to the legislative process and the representation of their constituents. Justice Story stated:

When a representative is withdrawn from his seat by a summons, the people whom he represents, lose their voice in debate and vote, as they do in his voluntary absence. When a senator is withdrawn by summons, his state loses half its voice in debate and vote, as it does in his voluntary absence. The enormous disparity of the evil admits of no comparison. The privilege, indeed, is deemed not merely the privilege of the member, or his constituents, but the privilege of the house also.

From KFOR in Oklahoma:

After being sworn in, each lawmaker is given a legislative identification card, which includes Article 5, Section 22 of the Oklahoma’s Constitution.

“Senators and representatives shall, except for treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, and, for any speech or debate in either House, shall not be questioned in any other place,” it states.

Experts say this provision is not a ‘get out of jail free’ card.

Instead, most experts interpret the original language to allow lawmakers to do their work freely and not be arrested while on their way to vote for specific legislation.

It was written to prevent political retaliation.

A belated happy birthday to former First Lady Rosalyn Carter.

The writer, activist and longtime wife of former President Jimmy Carter is 96 on Friday. She will spend a quiet birthday at home with her husband and family enjoying cupcakes and peanut butter ice cream, the Carter Center said. She also plans to release a few butterflies in her private garden.

In her hometown of Plains, the Rosalynn Smith Carter Childhood Garden will release hundreds of butterflies to celebrate Rosalynn’s birthday and love of nature on Saturday at 10 a.m.

Rosalynn and Jimmy Carter celebrated their 77th wedding anniversary in July. Jimmy is 98 and has been in home hospice care since February, while the Carter Center announced in May that Rosalynn has dementia.

Towns County citizens expressed concerns about voting integrity in a meeting of the county elections, board, according to the Towns County Herald.

Young Harris resident Larry Chandler spoke in the Public Forum portion of the meeting, first introducing himself and his wife Carol. The Chandlers expressed their concern “that the county is going with the Dominion voting machines as opposed to paper ballots.”

Chandler clarified that he did not believe Towns County would be subject to any foul play but said that other precincts using ballot scanning machines had faced “problems” with voter integrity. In addition, he said, paper ballots are less expensive.

A few reasons for using electronic voting were discussed. A 5.4% error rate in hand counting allowed for considerations into ways to alleviate human error, in addition to correcting the tendency of some people to mark ballots incorrectly, hence electronic voting and tabulation.

Young proposed that paper ballots make a return for ESPLOST voting in November, but the topic was met with equal amounts disagreement and discourse.

“I think y’all already got it said that you’ll go with the machine, so we’ll just let y’all have that,” said Chandler, frustrated, before Board Chair Roy Perren made the motion to seek legal advice for the compromise set forth by Young.

The motion was agreed upon unanimously, with more discussion expected at a later date.

Chatham County District 2 voters will begin early voting in the Special Election for City Council on August 28, according to the Savannah Morning News.

The Chatham County Board of Registrars announced Friday that early voting for the special election for Chatham County Commission District 2 will take place between 8 a.m. and 6 p.m., from Aug. 28 through Sept. 15, at the Chatham County Voter Registration Annex, 1249 Eisenhower Drive.

The new location is the one directly to the east of the Board of Registrars office at 1117 Eisenhower Drive, which has been the traditional site for early voting in past elections. This site will be the only one open for early voting leading up to the special election on Sept. 19.

“We’re going to have 30 machines for early voting. We normally have 13 over at the old space,” explained [Board of Registrars Chairman Colin] McRae. “Also, we’re working with a new system that’s been rolled out by the [Georgia] Secretary of State that allows for quicker processing of people in line. That’s really where the backlog is created.”

He ballparked that upwards of 30% of voters in the district likely would participate, but it is hard to tell at this point. “I think that this is a relatively high-profile election because of how popular Mr. Rivers was, how much publicity there was about his untimely passing, and just how beloved he was in the community. And I think that will raise awareness of the vote. So, I expect there to be a pretty robust turnout percentage wise… I hope to see something on the order of 50% or more.”

From WTOC:

The voter registration deadline is this coming Monday, August 21st. Absentee ballot mailout starts on the 28th.

The deadline to submit your absentee ballot application is September 8th. Early in-person voting will start on August 28th and run until September 15th. Election Day is September 19th.

U.S. District Judge Sarah E. Geraghty enjoined enforcement of Georgia legislation limiting transgender treatments for minors, according to the AJC.

In her ruling, U.S. District Judge Sarah E. Geraghty said that the law violates the 14th Amendment right of equal protection by discriminating against transgender minors. The law bans transgender minors from receiving hormone treatment.

“The desired outcome of the banned treatments — as no one disputes — is to begin a physical transition so that the adolescent patient’s development and appearance do not conform to those expected of the patient’s birth sex, but rather to the patient’s gender identity,” Geraghty wrote in her ruling. “In other words, (the law) therefore bans the use of cross-sex hormones only for those whose gender identity and natal sex (sex at birth) incongruent, and only for the purpose of achieving gender-nonconforming physical characteristics.”

Several Georgia families filed a federal lawsuit against the state in June that had asked the courts to stop the measure from taking effect, saying it takes away the rights of parents to make health care decisions for their children. The complaint was filed a little more than a day before the law took effect on July 1.

Geraghty’s ruling comes after a two-day hearing held earlier this month where attorneys representing the families of transgender children said that upholding Georgia’s law will have negative effects on the mental and physical health of transgender minors.

Receiving hormone therapy treatment, Geraghty wrote, improves mental health outcomes in various ways for minors diagnosed with gender dysphoria, such as reducing anxiety and depression and reducing suicidal thoughts and self-harm. Gender dysphoria — the distress that comes from feeling you’re not the gender you were assigned at birth — is a diagnosis often given to transgender people.

When it was in effect, Georgia’s law, Senate Bill 140, banned health care professionals from giving hormones such as estrogen and testosterone to transgender minors. Doctors also were not allowed to perform surgeries on children seeking to align with their gender identity.

U.S. District Judge J.P. Boulee enjoined enforcement of parts of Georgia’s election integrity law, according to NBC.

He temporarily prohibited officials from enforcing penalties against people who provide food and water to voters waiting in line as long as they are more than 150 feet from the building where voting is taking place. He also blocked a part of the law that requires voters to provide their birthdate on absentee ballot envelopes.

But Boulee rejected the groups’ claims that certain restrictions imposed by the law deny voters with disabilities meaningful access to absentee voting.

That led both sides to declare victory.

From WRDW:

The court also banned counties from rejecting absentee ballots with an improper date of birth, even though Georgia law already allowed voters an opportunity to correct any mistakes on their absentee ballot.

The court ruled against the ACLU and other groups in their attempt to allow ballot harvesting and remove absentee ballot drop box security provisions. The ACLU and others had claimed that these provisions violated the Americans with Disabilities Act.

Ballot harvesting is when third-party groups gather and submit completed absentee or mail-in voter ballots and submit them for voters.

The Georgia Department of Transportation Board elected new leadership, according to the Albany Herald.

The State Transportation Board of Georgia elected its new executive leadership team at its monthly board meeting on Thursday. Robert Brown was named chairman; Ann R. Purcell was named vice chairman; and Jamie Boswell was named secretary.

The 14-member State Transportation Board determines policy and governs the Georgia Department of Transportation. Each member is elected by a caucus of Georgia General Assembly members from their specific congressional district. Board members serve staggered, five-year terms.

Columbus Deputy City Manager Lisa Goodwin and Clean Energy Columbus (CEC) want the city to commit to being fully-powered by clean energy by 2030, according to the Ledger-Enquirer.

This is part of a movement in the U.S. for cities to act on reducing emissions. President Biden has set the goal of a carbon pollution-free power sector by 2035 and net zero emissions economy no later than 2050.

Mayor and council have two weeks to research and debate until they vote on August 22.

“There are seven cities in Georgia who have adopted a clean energy resolution,” Louisa Childs, founding member of CEC. “Some have been more successful than others and that is due to the presence of a plan.”

Athens-Clarke County is holding a contest for a design for “I voted early,” stickers, according to the Athens Banner Herald.

To be selected in September, the winning design will be printed and distributed to early voters during the 2024 election cycle, including the presidential preference primary, general primary, general election, and any runoff elections that may occur.

The contest comes as a new initiative from the ACC Elections Department, generating community involvement and excitement surrounding the election process. Several counties across the country hold similar contests for their districts.

Along with being featured on Athens-Clarke County’s 2024 early voting stickers, the winner will also have the opportunity for their design to be used in various promotional materials for the ACC Elections Department.

Statesboro City Council District 1 member Phil Boyum announced he will leave the Council at the end of the year, according to the Statesboro Herald.

With three seats on Statesboro City Council already due for an election Nov. 7, a fourth may be added, since District 1 Councilmember Phil Boyum announced Tuesday that he will resign effective Dec. 31.

But unlike District 2 Councilmember Paulette Chavers, District 3 Councilmember Venus Mack and District 5 Councilmember Shari Barr, whose current terms expire at the end of the year, Boyum is in the middle of a four-year term. Candidates for the District 2, 3 and 5 seats must qualify next week, Monday through Friday, Aug. 21-25. City Clerk Leah Harden will accept the required forms and $227 fee at City Hall between 8:30 a.m. and 4:30 p.m. daily, except during her lunch hour.

[After announcing his resignation] Boyum then made the motion to call the District 1 special election for Nov. 7 “to run concurrently with the regular election.” District 4 Councilmember John Riggs seconded the motion.

Tuesday night after the meeting, City Attorney Cain Smith said the city can call an election in this way, the deadline being 35 days before the election date.

“The qualifying period is going to be based on advice given from the Board of Elections,” Smith said Tuesday night. “We do not have that date at this time.”

Another question city staff members are trying to answer is whether a special election can be held to fill a council member’s seat while that council member is still in office.

“Still another thing that we’re looking into is whether an election can be called while he’s still sitting there or if it has to be vacated,” was the way Harden put it.

Rome and Cave Springs will qualify candidates for municipal office this week, according to the Rome News Tribune.

Six of the nine Rome City Commission seats are up for grabs, along with two of the five Cave Spring City Council posts. Qualifying starts Monday, Aug. 21, and runs through 4:30 p.m. Friday, Aug. 25, in both cities.

Oct. 10 is the deadline to register to vote in the Nov. 7 elections. There are no state or federal contests but a countywide vote on a proposed special purpose, local option sales tax package also is scheduled.

The [Cave Spring] mayor’s seat was also slated to be on the ballot, but the city eliminated that position with a charter change to a city manager form of government. The post of mayor will be eliminated and the council will elect a chair and vice-chair when they convene in January.

Qualifying begins today for Dalton city offices and Mayor David Pennington is not running for reelection, according to the Dalton Daily Citizen News.

Qualifying for municipal elections in the city of Dalton will be next week. The city will have four offices on the ballot including the mayor and three seats on the City Council (two new terms and one completion of an unexpired term). The Dalton Board of Education will also have three seats on the ballot this November.

Qualifying will begin on Monday and end on Friday and is between 8:30 a.m. and 4:30 p.m. each day in City Hall which is at 300 W. Waugh St. The qualifying fee for the mayor is $576. The qualifying fee for the City Council seats is $360. The qualifying fee for the Board of Education seats is $35.

Municipal Election Day is Tuesday, Nov. 7. Early voting will begin Oct. 16 and run Monday through Friday until Nov. 3. Saturday voting will be available from 9 a.m. to 5 p.m. on Oct. 21 and Oct. 28. There will also be extended voting hours from 8 a.m. to 7 p.m. on Nov. 2. More information on local elections is available on the Whitfield County registrar’s website.

Brooks Blitch IV resigned as Mayor of Homersville, according to WALB.

“Given the current circumstances at City Hall, I can no longer effectively serve the remainder of my term. I would not be resigning if it was not for the best of the citizens of Homerville. However, I know that now is the right time for me to step down,” the letter said.

This decision follows Blitch being stripped of power in May after receiving tickets for driving with a suspended license and school zone violations Blitch and his family members received from speed cameras.

Mayor Pro Tem Willie Hardee will be taking over the position. Blitch said he will try to make the transition as smooth as he can.

Reeves Lane resigned as Mayor of Edison, according to WALB.

Reeves told WALB that he officially stepped down from the role due to health issues.

Mayor Pro Tem Billy Timpson has stepped into the mayor’s position until the term is complete. Reeves told WALB he will help Timpson with the transition however he can.

Lane’s departure comes as the city faces financial issues, including being almost $500,000 in debt. Lane said he “hopes [the financial issues] get better.”