Georgia Politics, Campaigns, and Elections for February 11, 2024

On February 11, 1733, the first military formation in Georgia was held, as male colonists assembled with their muskets.

On February 11, 1776, Georgia Royal Governor Sir James Wright escaped from house arrest in Savannah to a waiting British warship HMS Scarborough.

Burt Reynolds was born on February 11, 1936 in Lansing, Michigan, though some accounts say Waycross, Georgia. Beginning with Deliverance, filmed along the Chattooga River in North Georgia in 1972, Georgia rose to number three in the nation for film production while Reynolds’s star rose to prominence. Other Reynolds movies filmed in Georgia include The Longest Yard, Gator, Smokey and the Bandit, Cannonball Run, and Sharky’s Machine.

Georgia Politics, Campaigns, and Elections

Under the Gold Dome Today

TBD Senate Rules: Upon Adjournment 450 CAP
7:30 AM Senate Approp: Ed & Higher Ed Sub 307 CLOB
7:30 AM Senate Approp: Econ Dev Sub 450 CAP
8:00 AM HOUSE MOTOR VEHICLES 606 CLOB
9:00 AM HOUSE RULES 341 CAP
10:00 AM HOUSE FLOOR SESSION (LD15) House Chamber
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2:00 PM HOUSE PUBLIC & COMM HEALTH 606 CLOB
2:00 PM HOUSE Approp Sub Public Safety 515 CLOB
2:00 PM CANCELED: HOUSE Govtal Aff Sub Elections 415 CLOB
2:00 PM HOUSE DEFENSE & VETERANS AFFAIRS 506 CLOB
2:00 PM Senate Approp: Ag & Natl Res Sub MEZZ 1
3:00 PM HOUSE JUDICIARY NON-CIVIL 132 CAP
3:00 PM HOUSE Approp Sub Genl Govt 415 CLOB
3:00 PM HOUSE ENERGY, UTIL & TELECOM 403 CAP
4:00 PM Senate Regulated Ind & Utilities 450 CAP
5:00 PM Senate Education & Youth 450 CAP

Governor Brian Kemp’s Litigation Reform package, Senate Bill 68 and SB 69 passed out of the Senate Judiciary Committee last night with a “Do Pass” recommendation. Senate Bill 68 passed on an 8-3 vote via Committee Substitute, while SB 69 passed 10-1.

Tifton Judicial Circuit Senior Judge Gary McCorvey upheld the election results in State House District 128, where 14 voters received incorrect ballots, according to the Associated Press via WJBF.

A Georgia state House member won’t face a new election after a judge ruled there wasn’t enough evidence to prove voters who received the wrong ballots swayed the race’s outcome.

Senior Judge Gary McCorvey on Monday declined to order a new election in state House District 128, where Democratic incumbent Mack Jackson beat Republican challenger Tracy Wheeler by 48 votes out of a total of 27,804 votes cast in November.

Wheeler sued to force a new election, arguing some people who lived outside the district improperly got ballots for House District 128, while a smaller number of voters living inside the district didn’t receive ballots. Those errors may have stemmed from errors in reassigning voters to the correct districts after redistricting.

McCorvey found that 58 voters got the wrong ballot. That would be enough to change the outcome of the race, depending on how people voted. But the judge found there wasn’t enough testimony indicating whether each person in question voted in the House race, saying Wheeler hadn’t met the high bar for overturning an election.

“Succinctly stated, voters being provided with an opportunity to vote in the wrong district does not equate to proof by a preponderance of evidence that such voters actually tainted the election by voting in the election at issue,” McCorvey wrote.

In its current form, House District 128 covers all of Glascock, Hancock, Warren and Washington counties and parts of McDuffie and Baldwin counties. Most of the voters who got the wrong ballots live in McDuffie County, just west of Augusta.

Jackson said he hoped Monday’s ruling would end the dispute.

“Everybody wants fair elections, and I believe our elections are fair” Jackson said. “And if there’s anything that needs to be worked on, I’m sure we’ll work on it.”

Jake Evans, a lawyer for Wheeler, said she is considering an appeal.

“I firmly believe that all of our local election workers and volunteers acted in good faith and always aim to produce fair and accurate results,” Wheeler said in a statement. “With that said, errors can happen.”

Jackson, returning for a ninth term, is one of the most conservative Democrats in the House. The balance of power in Georgia’s House remains at 100 Republicans and 80 Democrats. At the end of the last term, there were 102 Republicans and 78 Democrats.

The Tifton Judicial Circuit serves Irwin, Tift, Turner and Worth Counties.

From Georgia Recorder:

McCorvey ruled that there was evidence of 14 improper votes cast in the House District 128 race, however there was not enough proof of other ineligible votes being cast in the district.

In order to overturn this election, the court would have to “presume” that at least 34 of the 44 “outsiders” actually voted in the contest, McCorvey wrote.

“Such presumptions are not allowed, and mere speculation as to how many, if any, of these ‘outsiders’ actually voted in this race’ cannot be used to place in doubt the result of this election,” McCorvey wrote. ”Succinctly stated, voters being provided with an opportunity to vote in the wrong district does not equate to proof by a preponderance of evidence that such voters actually tainted the election by voting in the election at issue.”

Wheeler said in a statement Monday that she was grateful for the nearly 14,000 voters who supported her during the election.

“Since Nov. 6th, we have been involved in litigation to better understand the results, as there appeared to have been mistakes in how the election was administered,” she said in a statement. “I firmly believe that all of our local election workers and volunteers acted in good faith and always aim to produce fair and accurate results. With that said, errors can happen.

“Today we learned that the judge examining this case decided the election results of November 5th should stand,” Wheeler said. “ I appreciate the time he dedicated to his decision.”

The closely contested election went in the favor of House Democrats, who were unable to flip a string of seats in the northern Atlanta suburbs that were seen as the most competitive this year, leaving the GOP firmly in control of the chamber. Several House incumbents found themselves fighting for another term after last year’s court-ordered redistricting do-over left them in a precarious spot.

Georgia Republicans have a 100-80 majority in the House after Democrats flipped two seats during the election. Democrats were unable to flip any seats in the state Senate, leaving the GOP’s 33-23 edge there intact.

From the AJC:

The case focused on mistakes by county election officials who assigned voters to incorrect state House districts before November’s election.

When drawing district lines, county election officials put an entire street within the district when only one side should have been included. In another example, several houses located in a corner outside the district were inadvertently added within its boundary.

During the trial, McDuffie County Elections Director Phyllis Brooks acknowledged some mistakes occurred when district lines moved east after redistricting in 2021. But attorneys for county election officials disputed that voters assigned to incorrect districts were actually given the wrong ballots or voted in the state House race.

More than 1,000 people in House District 128 who cast votes for president declined to participate in the down-ballot race for state House.

None of the 44 voters who voted within House District 128 but lived outside the district were called to testify.

Three people who moved from the district but still voted at their previous address testified that they participated in the race for state House. And 11 additional voters were disenfranchised because they lived in the district but received a ballot that listed a different state House race, the judge ruled.

House Republican Caucus Chairman Bruce Williamson said the GOP hopes to flip the seat from Democratic control in future elections.

“Though we respect today’s court ruling that does not allow for a new election — despite votes proven to be cast from outside the district — we appreciate that Tracy has fought this battle tenaciously,” Williamson said. “There’s no doubt that this seat is winnable next cycle.”

A North Georgia race for state House had to be held three times in 2018 and 2019 after a judge found ineligible voters had participated in Habersham County. In Tift County last fall, a school board race decided by just two votes had to be redone because voters in an apartment complex were mapped into the wrong district.

President Donald Trump will appoint a new U.S. District Court Judge for the Northern District of Georgia, according to the AJC.

The chief judge of the largest federal trial court in Georgia is retiring, giving President Donald Trump his first opportunity of his second term to appoint a federal judge in the state.

Chief U.S. District Judge Timothy Batten Sr. announced he will retire in May, when he turns 65 and becomes eligible. He’s the most senior of 11 full-time district judges in the U.S. District Court for the Northern District of Georgia, which covers 46 counties, including metro Atlanta.

Batten was nominated to the bench by former President George W. Bush in 2005 and confirmed by the Senate the following year. He became the court’s chief judge in 2021. He told The Atlanta Journal-Constitution he plans to return to private practice and focus on alternative dispute resolution as an arbitrator or mediator.

Batten’s replacement will join the four district judges Trump appointed to the court during his first term as well as the three appointed by former President Joe Biden and the three appointed by former President Barack Obama.

The court also has several senior district court judges, who have limited caseloads, as well as magistrate court judges, who can issue warrants and conduct certain hearings.

Carl Tobias, a professor at the University of Richmond School of Law who specializes in federal judicial selection, said it’s likely that Trump will want to move quickly to appoint federal judges, especially in Republican states, like he did in his first term. Tobias said district judges are typically appointed for their competence and ability to move cases rather than their ideology.

The Northern District of Georgia just welcomed former federal prosecutor Tiffany Johnson as a judge. She was the last of five federal judges appointed by Biden in Georgia. Johnson replaces Judge Steve Jones, who took senior status.

Georgia has two other federal trial courts that take cases from the middle and southern parts of the state.

House Resolution 174 by State Rep. Matt Dubnik (R-Gainesville) and others would create a statewide referendum on a proposed Constitutional Amendment to change the State School Superintendent from an elected position to an appointment, according to WABE.

If passed, House Resolution 174 would appear on the ballot for Georgians in 2026 as a proposed state constitutional amendment.

The amendment would give members of the Georgia House of Representatives and Georgia Senate of a congressional district the power to vote on State Board of Education members of the same congressional district, if approved by the voters. Then, those board members would appoint the state school superintendent.

Currently, the governor appoints board members. Gov. Brian Kemp’s office did not comment on this resolution.

Republican State Rep. Matt Dubnik of Gainesville, chair of the Appropriations Education Subcommittee, introduced House Resolution 174 on Wednesday, Feb. 5. House Speaker Pro-Tempore Jan Jones and House Education Committee Chair Chris Erwin, both Republicans, have also signed onto his proposal.

Should it pass, the amendment would allow current State Board of Education members in office as of Dec. 31, 2026, to serve out their term. Voters would still be able to elect the next state school superintendent in 2026, but the new appointment system would be effective after that individual leaves office, or on Jan. 1, 2031.

Dubnik said he believes the state school board should pick the state superintendent like local school boards pick their superintendents.

“We elect our local school board members, who then recruit and hire and appoint the local school superintendent,” he said. “It works for all 180 school districts that way, and it gives the governing authority to that local school board.”

He added that this system aligns the priorities of the superintendent with those of the education board.

“Think of the the local school superintendent as the CEO working at the discretion of the board, and so there’s a clear delineation of who’s in charge and the direction that local educational entity is going,” Dubnik said. “Well, it’s the opposite at the state level and so we’re trying to bring this in line with what we do in all 180 local school districts.”

Moreover, the senator said the amendment would allow the state board members to conduct a search for candidates.

“With no disrespect to anyone who’s ever been our state school superintendent, but the people of Georgia are at the mercy of who’s willing to to run for that office. This allows us at the state level to go on a worldwide global search to go get the the best possible state school superintendent.”

In a statement to WABE, current State School Superintendent Richard Woods said the right to elect the state superintendent should not be taken away from Georgians.

“Georgia parents, educators, business leaders, and taxpayers expect to have a direct way to weigh in on the state’s educational priorities, issues, quality, and direction,” he said.

Lieutenant Governor Burt Jones (R-Butts County) wants to cut government spending as the Trump Administration is working to do, according to the AJC.

Lt. Gov. Burt Jones said he wants to cut government spending and make the state more efficient, echoing President Donald Trump’s Department of Government Efficiency.

The Republican-backed Senate Bill 28 aims to do just that. Under the bill, state agencies would be required to review their rules and regulations every four years to find less restrictive and less costly alternatives.

It would also allow the governor and legislative leaders to request a report on how proposed bills could affect small businesses and require agencies to consider the economic impact of proposed rules.

Jones, who is expected to run for governor next year, rebranded the legislative priority that he introduced last year as a “state-level DOGE.”

“Our state initiative complements DOGE, President Donald Trump’s plan to create efficiency while paring down unnecessary spending and eliminating bureaucratic red tape at the federal level,” Jones said in a statement.

Aiming to shrink government is nothing new for Republicans, but DOGE, led by Trump ally Elon Musk, has placed a new emphasis on the idea, and Georgia’s GOP lawmakers are not alone. Republican state lawmakers across the country are seeking ways to cut government spending in Kansas, Missouri, New Hampshire, North Carolina, Oklahoma, Texas and Wisconsin.

Senate Majority Leader Steve Gooch, R-Dahlonega, is sponsoring SB 28 and said he wants to replicate Trump’s efforts at the state level.

“What we’re seeing with the Trump administration doing right with Elon Musk is exactly what we need to do at every level of government around the country,” Gooch said.

The bill would task Georgia’s Department of Audits and Accounts with providing legislators with notes assessing the impact of legislation on small businesses.

Some state legislators are seeking additional funding for poor students, according to the Capitol Beat News Service.

Some legislative Republicans are joining Democrats in seeking to send additional state funding to schools with students in poverty.

Supporters of House Bill 245 argue that Georgia is one of six states that has not adjusted educational funding to account for poverty and that it’s time to change that. They say students across Georgia can benefit from more counselors, tutors and subsidized meals.

“I think most Republicans understand the role that poverty plays in impairing a young person’s ability to learn, particularly some of my more rural colleagues who live in parts of the state where that school is just everything,” said Rep. Phil Olaleye, D-Atlanta.

Two of Olaleye’s GOP colleagues in the state House of Representatives joined him and three other Democrats in signing House Bill 245 when it was introduced last week.

Olaleye said it would give schools an additional $2,000 per student in poverty via the state’s Quality Basic Education formula. He estimated that about 500,000 students would qualify, bringing the tab to about $1 billion a year.

Georgia’s fiscal 2025 budget allocates $13.2 billion in state funding for public schools. With federal and other funding, schools are getting $15.5 billion to educate more than 1.7 million students. About two-thirds qualify for federally subsidized school meals, according to the Georgia Department of Education.

Schools with students in that category would qualify for extra funding under Senate Bill 128, introduced on Monday. Only Democrats signed on to that measure, which was described as a companion bill to HB 245.

Sen. Jason Esteves, D-Atlanta, is the chief co-sponsor of SB 128. He estimated the legislation, if it were to become law, would send an additional $2 billion a year in state funding to schools.

Sen. Nikki Merritt, D-Grayson, chair of the Georgia Legislative Black Caucus, said the state should use some of its $16 billon budget surplus to help schools with students living in poverty. But Senate Republican leaders said last week that returning surplus dollars to taxpayers is among their priorities.

Some Georgia federal legislators are urging Gov. Kemp to accept additional federal aid for student lunches, according to  WRDW:

Georgia lawmakers are urging Governor Kemp to accept federal funds for meals for students during the summer.

According to a report by the Food and Research Action Center, the summer EBT program would allow over 1.1 million children to receive a $120 benefit to help cover their summer meals.

Last year when Kemp turned it down, thousands of Georgia parents petitioned the Governor to reverse his decision and accept federal funding for summer school lunches.

Last week, Sen. Ossoff and Congresswoman Lucy McBath (D-GA-06), alongside other members of Georgia’s Congressional Delegation, again urged Kemp to reverse course and apply.

“We write to follow up on our letter sent to your office on August 8th, 2024, requesting that you commit to participating in the United States Department of Agriculture’s (USDA) Summer EBT program in 2025 and provide more information about your decision not to participate in the program last year,” Sen. Ossoff the group wrote to Governor Kemp.

“Your office has yet to officially respond to either our request to participate in Summer EBT this year or to provide Georgians with more information on how you decided not to participate, despite the overwhelming need in our state,” Sen. Ossoff the group wrote.

The deadline to apply for the program is Saturday.

Former State Rep. Terry England (R-Auburn) continues on the mend after a farm accident, according to the AJC.

During the House floor session Monday, Burns called House members to stand to honor England, who he said was likely watching the session online. “It’s easy to know his heart,” he said.

“Terry, you’ll be fine,” Burns said he told him, “and he will be.”

As appropriations chair, England helped fund various projects and facilities around the state. For 12 years, he oversaw the group of legislators who write the state budget, guiding the government through the Great Recession and the COVID-19 pandemic.

England was treated for emergency care at the Northeast Georgia Medical Center in Gainesville, which had recently become a “Level 1″ trauma center. Considered the highest standard, the designation means the facility can provide care for every aspect of the complex injuries, without needing to transfer patients.

“We are so thankful,” Terry England’s wife, Cindy, said in a post on Facebook. “Please continue to keep us in your prayers.”

Cities within Chatham County are considering whether to opt out of HB 581’s Homestead Exemption, according to the Savannah Morning News.

If a municipality or other public entity decides to opt out of HB581, a resolution has to be filed by the state-mandated March 1 deadline. To pass the resolution, the local government or school district must hold three public hearings.

Pooler and Port Wentworth held the first of their three public meetings early Monday morning. Beginning Feb. 13, Tybee Island will hold the first of its three public hearings with the intent to opt out.

During both Pooler and Port Wentworth’s meetings, the city managers mentioned HB 92, which will make additional changes to HB 581 and will include exceptions and amendments similar to how Stephens-Day functions. HB 92, will also postpone the deadline for opting in or out until March 2029 to allow for cities, counties or school boards to road test the exemptions.

If either municipality decides not to opt in, it will change virtually nothing. If a homeowner is currently under Stephens-Day, HB 581 will not change an individual homeowners’ base tax year. The bill also states that in counties with multiple exemptions, the taxpayer will receive the one that is the most beneficial to them, which would likely be Stephens-Day.

Pooler Mayor Karen Williams said the city was unsure if it would opt out, but city officials wanted to explore their options and hear from residents. Port Wentworth leadership expressed similar sentiments.

Georgia Agriculture Commissioner Tyler Harper (R-Ocilla) lifted the temporary ban on events featuring live poultry, according to WALB.

On Monday, the Georgia Agriculture Commissioner announced that all poultry activities involving live birds may resume.

This includes live bird sales at auctions, flea, and livestock markets, meet-ups, swaps, and exhibitions in the state. The pause on such activities was announced in January, after two poultry facilities in Elbert County produced “non-negative” results for Highly Pathogenic Avian Influenza, also known as the “bird flu.”

“I’m excited to announce that both commercial poultry producers in the control area and poultry enthusiasts across our state can return to normal operations. While this announcement is a great step in the right direction, HPAI remains a significant threat to our #1 industry, and the Georgia Department of Agriculture will continue working around the clock to protect our state’s flocks and to keep prices as low as possible for Georgia consumers,” said Ag Commissioner Tyler Harper.

According to the Associated Press, the Agriculture Department predicts the price of eggs is going to soar another 20% this year.

The two affected facilities in Elbert County will remain under quarantine until further notice.

So, I guess this means the resumption of roadside live poultry sales on the side of the road in Jefferson.

From the AJC:

In January, broiler chickens at a commercial poultry facility in Elbert County tested positive for the H5N1 strain of Highly Pathogenic Avian Influenza. The cases were the first in a commercial poultry facility in Georgia since an unprecedented global outbreak began in 2022.

Georgia produces more chickens for meat than any other state. In an effort to prevent new cases and damage to the state’s powerhouse poultry industry, GDA instituted an immediate ban on “poultry activities” after the detections.

The agency also established a control area with a 6.2-mile radius around the sites of the two detections in northeast Georgia. Poultry facilities within the perimeter were subject to movement restrictions and enhanced testing.

Georgia Agriculture Commissioner Tyler Harper cheered the news, but warned poultry producers must remain vigilant to prevent more infections.

“While this announcement is a great step in the right direction, HPAI remains a significant threat to our #1 industry, and the Georgia Department of Agriculture will continue working around the clock to protect our state’s flocks and to keep prices as low as possible for Georgia consumers,” Harper said in a statement.

H5N1 has sickened or resulted in the deaths of millions of birds and mammals globally, sending egg prices skyrocketing and sparking fears that it could trigger a pandemic in humans. The virus has also been found in nearly 1,000 dairy cow herds across the U.S., but not in Georgia cows so far. For now, the Atlanta-based Centers for Disease Control and Prevention categorizes the threat of the virus to the public as low.

United States Senator Jon Ossoff (D-Atlanta) shared his thoughts on Elon Musk’s role in the Trump Administration, according to the Savannah Morning News.

Senator Jon Ossoff (D-GA), is sounding the alarm on the Elon Musk-led Department of Government Efficiency (DOGE), calling for greater transparency and oversight over the group tasked with eliminating government personnel and slashing federal spending.

In a letter addressed to White House Chief of Staff Susie Wiles and signed by eight U.S. senators, lawmakers warn that DOGE’s access to classified information is illegal and poses privacy and national security risks.

“No information has been provided to Congress or the public as to who has been formally hired under DOGE, under what authority or regulations DOGE is operating, or how DOGE is vetting and monitoring its staff and representatives before providing them seemingly unfettered access to classified materials and Americans’ personal information,” the letter states.

Lawmakers also warned that allowing unfettered access to classified information could jeopardize the U.S.’s relationships with international allies.

On Saturday, a federal judge temporarily blocked DOGE from accessing government payment processing systems in response to a challenge from the attorneys general in 19 states.

Congresswoman Marjorie Taylor Greene, who represents Georgia’s 14th Congressional District, was tapped to lead the House Subcommittee on Delivering on Government Efficiency. The committee is holding its first legislative hearing this week.

Georgia Sheriffs are unlikely to participate in immigration raids under agreements with the Federal ICE, according to the Macon Telegraph.

Georgia’s House Bill 1105 requires local law enforcement to tell federal officials when they have someone without legal status in their jail and, when they can, transport those people to immigration detention.

But so far, the idea that local law enforcement could perform immigration roundups in place of Immigration and Customs Enforcement officers appears to be unfounded.

That’s based on the handful of official agreements between ICE and local agencies under HB 1105.

“You know, we’ve got gangsters and folks shooting up houses and doing things like that. That’s going to occupy our time right now. If I’ve got a person that’s hardworking, whether they’re illegal or not, and they’re not breaking the law and not getting on our radar, then then they’re not going to be bothered by us,” said Bibb County Sheriff David Davis.

That’s because Davis’ plans to work with ICE are generally like those described in those other agreements under HB 1105: Only deputies in jails will be trained to have ICE arrest powers and they will only make immigration arrests of people who landed in jail because of a local criminal charge.

That’s true for counties which had longstanding relationships with ICE before state legislators mandated them, too. The Whitfield County Sheriff’s Office appears alone in having a spot on their website where they explain their relationship with ICE which they have had since 2008.

“This program is not a means of arresting individuals in public for alleged violations of immigration law. Instead, this program operates based on a series of reviews and background checks completed only after an inmate is already arrested for an Offense under Georgia Law,” reads the web page, echoing the other agreements under HB 1105.

Whitfield County has also taken the further step of publishing quarterly reports about their compliance with HB 1105.

Bibb County Sheriff David Davis’s office is one of 15 departments on record with the Georgia Department of Audits and Accounts as having come to an agreement with ICE. He described what looks like the boilerplate arrangement, which he says is not a fundamental change for his office.

“It’s sort of a distinction without a difference, because if there is an immigration issue and ICE or Homeland Security, whoever, has said, ‘We want this person, put a detainer on them,’ well, we’re going to do that anyway,”

Davis said one problem in the past has been ICE letting that clock run out on their own detainers.

Meanwhile, Davis’ jail is usually over 100% capacity. In a December 2024 report on county jail populations published by the Georgia Sheriff’s Association about a third of jails were at or near capacity.

That’s why Davis said he doesn’t imagine many sheriffs will agree to let their jails be used as long-term immigration detention sites. There’s just not enough space. Plus, he said his deputies don’t have time to make up flimsy charges just to pursue what is really an immigration arrest.