Georgia Politics, Campaigns, and Elections for February 15, 2022

Governor Brian P. Kemp’s floor leader Senator Clint Dixon (R – Gwinnett) today will introduce the “Unmask Georgia Students Act,” empowering parents of public school students with the right to choose whether their child must wear a mask while on school grounds.

“Parents know how best to care for their children, and that includes when it comes masking,” said Governor Kemp. “While some districts continue to ignore the science and force their students to remain masked throughout the school day, the ‘Unmask Georgia Students Act’ ensures parents have the final say. As we enter the third year of facing COVID-19, it is past time for a return to normal and for decisions regarding protection against the virus to be made by individual Georgians and their families – not the government.”

Once enacted, the legislation would ensure that no local board of education, superintendent, or personnel of public and state charter schools could impose any rule requiring students wear a face mask or covering without an opt-out choice for parents. The “Unmask Georgia Students Act” would also prevent schools and educators from penalizing a student, academically or otherwise, as a result of the parent’s decision.

“I’m grateful to be working alongside the governor yet again to fight for the wellbeing of students and to uphold the rights of their parents,” said Senator Dixon. “The ‘Unmask Georgia Students Act’ reaffirms what has always been true — parents are the best decision makers when it comes to the health and education of their children. This legislation ensures that those rights are not infringed on by misguided policies.”

Roughly 45 school districts in Georgia have one or more schools that are still imposing mask mandates on students. At least nine school districts have 10 or more schools still imposing mask mandates. A copy of SB 514 can be found here.

Co-sponsors include 17 other Republican State Senators.

From the Capitol Beat News Service:

About 45 school districts in Georgia have one or more schools with mask mandates on students, while mandates have been imposed by 10 or more schools in at least nine school districts.

Under Senate Bill 514, sponsored by Sen. Clint Dixon, one of the governor’s floor leaders in the Senate, no local board of education, superintendent, or public or state charter school personnel could impose any rule requiring students to wear a face mask or covering without an opt-out choice for parents.

From the AJC:

“This isn’t going to just end and be gone forever,” [Kemp] said. “We’re going to have to deal with this but we’ve got tools to deal with it now. This isn’t saying that parents can’t make the decision to mask their kids. It’s just giving parents an opt out.”

The legislation, to be introduced by Rep. Clint Dixon, R-Buford, doesn’t lay out a punishment for districts that ignore the proposed prohibition. It would expire June 30, 2023.

Verdaillia Turner, president of the Georgia Federation of Teachers and also the federation in Atlanta, said current mask mandates are unenforceable. She described herself as “indifferent” to Kemp’s proposal.

“We can’t enforce it. It’s not a police state,” she said. She said she wishes people would voluntarily wear masks.

The Georgia Association of Educators opposes the proposal.

Masks are optional in most metro Atlanta school districts. Atlanta Public Schools and school systems in Clayton, DeKalb and Gwinnett counties still require them.

Last week, the superintendent of Atlanta Public Schools voiced concern about possible legislation that would restrict districts from implementing the COVID-19 safety measures that they see fit.

“Legislation limiting the ability of school districts and boards to implement COVID mitigation efforts is without question a space of concern,” Superintendent Lisa Herring said at a meeting with state lawmakers who represent Atlanta.

From the Center Square:

State Sen. Sonya Halpern, D-Atlanta, told FOX 5 Atlanta local school districts should decide who wears masks.

“`In general, it’s always better to allow each school district to decide for themselves what’s right and what’s best for their students,” Halpern told the TV station. “This is one of those areas where I think deferring to the local school district is the right answer.”

From the Associated Press via AccessWDUN:

“We got to continue to move back to more normal operations,” Kemp said. “We’re trusting our parents every day on whether to send their kids to school or not, if they’re not feeling well, if they have a fever. We can certainly do that in terms of masks at this point in the pandemic.”

“I’ve been a local control governor working with our school systems to help get kids in the classrooms. I have great respect for that,” Kemp said. “But I also believe that when you have schools out there that have a mask mandate that then allows visitors to come in unmasked, what is the point?”

Governor Kemp appointed Andrew Pinson to the Georgia Supreme Court, to the seat Justice David Nahmias will vacate, according to a press release.

Governor Brian P. Kemp today announced he will appoint The Honorable Andrew Pinson to fill the vacancy on the Supreme Court of Georgia created by the retirement of The Honorable David E. Nahmias. Judge Pinson and his successor to the Georgia Court of Appeals, The Honorable Ben Land, have both previously undergone the application and review process with the Judicial Nominating Commission.

“I am proud to announce The Honorable Andrew Pinson as my appointment to serve on the Georgia Supreme Court,” said Governor Brian Kemp. “Judge Pinson will bring with him to the highest court a deep understanding of how the application of the law affects the everyday lives of hardworking Georgians. He is a brilliant jurist having learned from some of our nation’s top legal minds – U.S. Supreme Court Justice Clarence Thomas and Judge David Sentelle on the U.S. Court of Appeals for the District of Columbia – and his career thus far demonstrates to me that he will fairly apply the rule of law as written and do right by our citizens.”

Andrew Pinson was appointed by Governor Brian P. Kemp to the Court of Appeals of Georgia and sworn in on August 30, 2021. Before that, Judge Pinson served as Solicitor General in the Office of the Attorney General. In this role he oversaw the office’s appellate and multi-state litigation in state and federal courts. He also collaborated on all phases of significant litigation with other attorneys at the Department of Law and advised the Attorney General concerning matters of national interest that may have implications for the State of Georgia. He previously served as Deputy Solicitor General, where he was the Solicitor General’s primary advisor for multi-state litigation and federal appellate matters, including in cases before the United States Supreme Court. Before joining the Department of Law, Judge Pinson was a part of the Issues and Appeals practice at Jones Day in Atlanta, where he focused on appellate litigation and complex trial litigation. He represented clients in state and federal courts in matters involving constitutional law, statutory interpretation, federal preemption, open records, family law, products liability, criminal law, patent law, jury issues, civil procedure, and class actions. Judge Pinson served as a law clerk to Justice Clarence Thomas on the United States Supreme Court, and before that, to then-Chief Judge David Sentelle on the United States Court of Appeals for the District of Columbia.

A Georgia native, he received a B.B.A. in Finance summa cum laude from the University of Georgia and his J.D. summa cum laude from the University of Georgia School of Law. While at Georgia Law, he served as Executive Articles Editor for the Georgia Law Review. He is currently a member of the Law School’s Young Alumni/Alumnae Council.
Governor Kemp also announced that The Honorable Ben Land will fill the vacancy on the Georgia Court of Appeals created by the appointment of The Honorable Andrew Pinson to the Supreme Court of Georgia.

Ben Land was appointed by then-Governor Deal to the Superior Court for the Chattahoochee Judicial Circuit and was sworn in on February 7, 2018. He was elected by the voters in 2020 to continue in that position. Before that he was a private practice attorney in Columbus for nearly 26 years, focusing on civil litigation. During that time, he obtained several record-setting jury verdicts on behalf of clients injured at the hands of others, and he also played a key role in the defense of numerous nationwide class action lawsuits.

He was presented with the State Bar of Georgia’s William B. Spann, Jr. Award for Pro Bono Advocacy, is a graduate of Leadership Columbus, and has served as the President of the Chattahoochee Judicial Circuit Bar Association, the Columbus Inn of Court, and the Columbus Bar Association. He has also served as District Representative for the State Bar of Georgia’s Younger Lawyers Division, as a member of the Joseph Henry Lumpkin Inn of Court, and on the boards of the Columbus Area Habitat for Humanity, the Pine Mountain Trail Association, and other community organizations.

Judge Land graduated with Highest Honors from the University of Georgia where he also earned his law degree, finishing second in his class. While attending Law School, he served on the Editorial Board of the Georgia Law Review, clerked for the Georgia Supreme Court, and was elected to the Order of the Coif.

Governor Kemp also announced he will appoint The Honorable Benjamin Richardson to fill the vacancy on the Chattahoochee Judicial Circuit Superior Court created by The Honorable Ben Land’s ascension to the Georgia Court of Appeals.

Benjamin Richardson was appointed by then-Governor Nathan Deal to the Muscogee County State Court and sworn in on January 1, 2014. Previously, he served as Solicitor General, becoming the first African American to hold this position in Muscogee County. Prior to that, he was Chief Assistant Solicitor General and an Assistant Solicitor General. He also practiced law in Athens for roughly a year and a half following his graduation from law school.

In 2004, Judge Richardson was awarded one of the highest military honors for civilians, the Order of Saint Maurice, for his community work with the Columbus and Ft. Benning community and was also named to Georgia Trend magazine’s Forty Under Forty list of rising leaders in the State of Georgia. Judge Richardson was honored by being selected as the 2008 Solicitor-General of the Year by the Georgia Association of Solicitors-General.

A native Georgian, Judge Richardson earned his bachelor’s degree from Howard University and his law degree from the University of Georgia. He and his wife, Valerie, have one son.

Governor Kemp also announced his appointment of John T. Martin to fill the vacancy on the Chattahoochee Judicial Circuit Superior Court created by Judge William Rumer’s retirement.

John Martin is a partner at The Martin Law Firm, LLP, where he has practiced since 1995. The firm is nationally recognized for its trial work, with John being lead counsel in a personal injury case which resulted in the largest verdict in Muscogee County history.

John earned his law degree from Mississippi College and his undergraduate degree from the University of Georgia. He is an active member of the Columbus community, serving in leadership roles at St. Paul United Methodist Church and on the Lower Chattahoochee Workforce Development Board, as well as coaching youth basketball. He is a member of the Columbus Bar Association, Mental Health/VA Treatment Advisory Board, Georgia Public Defender Council Supervisory Panel, the Columbus American Inn of Courts, and other community organizations.

That effectively turned a single appointment into four.

From the AJC:

Kemp’s announcement comes just three days after Nahmias surprised many in the legal community by saying he was going to step down with a year remaining on his term as chief justice. Nahmias said he wants to spend more time with his family and said he did not know what the next step he would take in his legal career.

Additionally, it appears to me that Judge Pinson will not stand for election to the Court this year. In a 2020 decision, the Georgia Supreme Court upheld a statute that delays court elections when an appointment is made close to a previously scheduled election. From Newsweek:

In a 6-2 decision on Thursday, the justices determined that the upcoming June election for a Supreme Court seat need not be held because the incumbent justice, Keith Blackwell, plans on retiring before the end of the year.

The Georgia Constitution allows the governor to fill judicial vacancies, such as those arising from retirement or resignation, by appointment. Normally, an appointed justice will serve up until a successor is elected in the upcoming general election.

But if the appointment occurs after the November preceding a judicial election, the Constitution says the appointed justice will serve for an additional two years before facing a challenger, blowing completely through the originally scheduled election.

Pinson was to face the voters at the ballot box this year, and already had drawn an opponent, Elizabeth L. Fite, according to the Daily Report Online. That election will not be held, nor will elections for the Court of Appeals seat Judge Pinson is vacating, or the seats being vacated by Judge Ben Land or Judge Richardson.

Talk about a Valentine’s Day ~~Massacre~~ Miracle.

Now, we turn to other courts and elections. United States District Judge Steve Jones is considering a lawsuit alleging Georgia’s newly-passed Congressional and legislative redistricting maps violate the Voting Rights Act and the United States Constitution. From the AJC:

Jones is considering allegations that redistricting weakened representation of Black voters even as their population grew by nearly 500,000 over the last decade. Under the new maps, four of Georgia’s 14 congressional districts have a majority of nonwhite voters, the same as before redistricting.

The court battle could decide a seat in Congress. The Republican-led General Assembly in the fall reshaped a north metro Atlanta congressional district in a way that positions the GOP to win the seat currently held by Democratic U.S. Rep. Lucy McBath, building on their current 8-6 majority among the state’s representatives.

The U.S. Supreme Court has upheld redistricting for partisan purposes, but the Voting Rights Act prohibits district lines that discriminate against Black voters. Georgia’s Black population has grown 16% since 2010 while the state’s white population fell 1%.

Jones said in court that he was concerned by an election official who testified there would be “chaos” if he invalidates Georgia’s maps and delays the state’s primary election to provide time for redistricting changes.

Jones said disruption is unavoidable if he delays Georgia’s primary.

“I have to accept the fact that there’s going to be some voter confusion” if he rules for the plaintiffs, Jones said. “What do I say? ‘It’s too late, sorry?’”

Jones’ decision was complicated by a Supreme Court order last week that reinstated congressional maps in Alabama that a federal court had found diluted representation of Black voters.

Two justices in the court’s 5-4 conservative majority wrote that it was too late to alter districts before Alabama’s primary election, which is scheduled for May 24, the same day as Georgia’s primary.

Besides seeking an additional majority-Black congressional district, the lawsuits are also pursuing at least three more majority-Black state Senate districts and four more state House districts.

Jones has broad authority to overturn redistricting proposals or change dates surrounding the primary election, but no matter what he decides, his decision will likely be appealed.

If Judge Jones orders new district maps, I suspect possible delays of at least those seats subject to the order, which is to say Congressional elections and state legislative contests. Unless the Supreme Court quickly stays a District Court order. In any case, chaos ensues.

Let’s go down the rabbit hole a bit, shall we? If legislative and Congressional elections are delayed, will the May 24 elections for seats not subject to redistricting continue on May 24? We would then have two different statewide primary dates. Talk about voter confusion. Judges, County Commissioners, and a host of other local elected officials, as well as statewide elections would continue in May. As well as the top of the ticket offices like Governor and Lieutenant Governor. Not sure about the Public Service Commission, because members and candidates for PSC must live in a district, but are voted on statewide.

In the meantime, county elections boards are working to send cards to every registered voter informing them of their new districts. From the AJC:

Each of the state’s 7.7 million registered voters will receive notification in the mail this spring showing his or her districts for congressional, state and local offices.

State law requires notifications by first-class mail to voters following redistricting. The U.S. Postal Service’s bulk rate for this type of presorted mailing is 33.5 cents per parcel.

Georgia Secretary of State Brad Raffensperger asked legislators last week to add the postage expense to this year’s state budget, enabling his office to reimburse county election officials. If the expense isn’t included in the state budget, county governments would be responsible for the cost.

Local election office budgets are already strained by the cost of buying special security paper for ballots that includes features to verify their authenticity, as required by Georgia’s voting law, Senate Bill 202, said Todd Edwards of the Association County Commissioners of Georgia, an organization that advocates for counties. Election officials can use an infrared scanner to check whether ballots are printed on official security paper.

The legislature appears on-track to include reimbursement for county elections offices for these expenses. But delaying Congressional and legislative elections would likely require a second mailing to inform voters of those changes.

Unless Secretary of State of State Brad Raffensperger changes the primary date for all offices. In 2020, Secretary Raffensperger did just that. From a Press Release:

Secretary of State Brad Raffensperger announced that, pursuant to the authority vested in him by O.C.G.A. § 21-2-50.1, he is postponing the Statewide General Primary/Presidential Preference Primary Election until June 9, 2020.

Yesterday, Governor Brian Kemp extended the current public health state of emergency until May 13, 2020. Lieutenant Governor Geoff Duncan and Speaker of the House David Ralston concurred in the Governor’s extension of the state of emergency.

“Due to the Governor’s extension of the state of emergency through a time period that includes almost every day of in-person voting for an election on May 19, and after careful consideration, I am now comfortable exercising the authority vested in me by Georgia law to postpone the primary election until June 9,” said Secretary Raffensperger. “This decision allows our office and county election officials to continue to put in place contingency plans to ensure that voting can be safe and secure when in-person voting begins and prioritizes the health and safety of voters, county election officials, and poll workers.”

While Secretary Raffensperger previously expressed concern that he did not have the authority to move the primary election again, the Governor’s extension of the state of emergency to a time that includes almost every day of in-person voting for a May 19 election is sufficient to allow the Secretary to exercise the emergency authority given to him by O.C.G.A. § 21-2-50.1 and move the primary election to June 9.

Senate Bill 202 from 2021 did not change §20-5-20.1, which granted the SOS that authority. Seciton 20-5-20.1 reads:

In the event the Governor declares that a state of emergency or disaster exists pursuant to Code Section 38-3-51 or a federal agency declares that a state of emergency or disaster exists, the Secretary of State is authorized to postpone or extend the qualifying periods provided in this chapter for the qualification of candidates seeking municipal, county, or state-wide office and to postpone the date of any primary, special primary, election, or special election in the affected area. The Secretary of State shall exercise the powers granted by this Code section carefully, and any such postponement or extension shall not exceed 45 days.

Georgia is currently under a State of Emergency under Executive Order 01.18.22.01 and Georgia Code §38-3-51, and the State of Emergency currently lasts until Friday, February 25, 2022 unless rescinded.

House Bill 333, revising the Georgia Ethics in Government Act is currently pending in the Senate, having been re-written by the powerful and mighty Senate Rules Committee Chair Jeff Mullis (R-Extreme Northwest Georgia). From the AJC:

Georgia Senate leaders are trying to make sure the people challenging them for office can’t raise campaign money during the three months state lawmakers are in session.

So Senate Rules Chairman Jeff Mullis, R-Chickamauga, on Thursday proposed a rewritten ethics measure — House Bill 333 — that would include a ban on challengers raising money during a session.

The Rules Committee passed the proposal Thursday, but the Senate voted Friday to send it back to the committee for reconsideration.

That legislation would mean that challengers to incumbent legislators or other state officials who are barred from fundraising during the legislative session would likewise be barred. Specifically barred from fundraising under the new legislation are:

(A) The Governor, Lieutenant Governor, Secretary of State, Attorney General, Commissioner of Labor, Commissioner of Agriculture, Commissioner of Insurance, and State School Superintendent Every constitutional officer;

(B) Every other elected state official not listed in subparagraph (A) of this paragraph

(C) The executive head of every state department or agency, whether elected or appointed;

(D) Each member of the General Assembly;

(E) The executive director of each state board, commission, council, or authority and the members thereof;

(F) Every elected county official and every elected member of a local board of education; and

(G) Every elected municipal official.

Additionally, the bill would become effective immediately upon signature by the Governor, and I suspect that signature would be forthcoming post haste.

Here’s the question: would that bar Superior Court Judges, who are created in the Constitution, from fundraising during the Session under the provision barring “[e]very other state official” from fundraising? I’d imagine many of those judges who are on the May 24 ballot have fundraisers scheduled for this period and are actively fundraising right now.

With the General Assembly scheduled to adjourn Sine Die on April 4th, if HB 303 was passed, those judges and the other named officials and their opponents would be barred from fundraising for most of the period between then and April 4th, ahead of May 24th elections.

Speaking of Ethics in Government, a new complaint targets Augusta Mayor Hardie Davis, according to the Augusta Chronicle:

A state ethics complaint against Augusta Mayor Hardie Davis now includes allegations he secretly raised and spent cash – including on personal credit card bills – using his campaign account.

The Georgia Government Transparency and Campaign Finance Commission says Davis swore an affidavit not to fundraise then repeatedly deposited money and spent it, often on inappropriate items, over the past two years.

Davis is term-limited and has no campaign to run, so it raised few eyebrows when he committed in January 2020 not to raise or spend more than $2,500 without reporting it.

Within three weeks, however, Davis exceeded that amount in contributions, the ethics complaint says. By the end of 2021, $10,277 had been deposited in the Committee to Elect Hardie Davis Mayor account, it says. He also spent $6,070 from the account, much of it on credit card bills and other items ineligible for the funds, it says.

Georgia allows politicians to avoid filing campaign reports by filing an Affidavit of Exemption, like the one Davis signed. Currently four of 10 Augusta commissioners and six of 10 Richmond County Board of Education trustees have one on file.

Secretary of State Brad Raffensperger (R-in exile) has proposed , according to the Capitol Beat News Service.

Georgia Secretary of State Brad Raffensperger is asking state law enforcement agencies to post officers at polling places, early voting locations and county election offices where absentee ballots are being handled.

“Georgia has become the center of the election universe, and this year we are going to have hard-fought campaigns that are watched around the country,” Raffensperger said during a news conference at the state Capitol.

“With that environment, it only makes sense to provide additional resources for election security so that everyone can have confidence in the results.”

Specifically, Raffensperger proposed adding two agents at the Georgia Bureau of Investigation to handle election cases.

As long as they won’t be gazpacho police.

From the AJC:

It’s unclear how may State Patrol officers would be needed to ensure a law enforcement presence at every precinct in Georgia. Raffensperger offered no specific staffing plan or legislation needed to enact his security goals.

From the Associated Press via AccessWDUN:

House Speaker David Ralston of Blue Ridge and Gov. Brian Kemp, both Republicans, have been backing a plan for the Georgia Bureau of Investigation to hire agents devoted to election inquiries, saying it would provide greater confidence. The move is another slap at the embattled Raffensperger, who has been under fire by former President Donald Trump for refusing to overturn President Joe Biden’s November 2020 victory in Georgia. Trump’s pressure on Raffensperger is being investigated in Atlanta’s Fulton County.

As recently as Thursday at an Atlanta Press Club event, Raffensperger declined to endorse the GBI plan, saying instead that his own office, staffed by investigators with arrest powers, needed more money.

“What we really need is a fully funded elections division and a fully funded investigation division,” Raffensperger said.

“The best way to provide confidence in our election results is to ensure that poll workers and polling places are protected and poll watchers have transparency,” Raffensperger said.

Terry Norris, the executive director of the Georgia Sheriffs’ Association said that a bill would likely be needed to give troopers jurisdiction at polling places. He wrote in an email that sheriffs generally “do not support the expansion of state law enforcement authority.”

From WSB Radio:

But Democrats pointed out that could be logistically difficult because there are three times as many polling locations across Georgia as there are state troopers.

“What’s foolish about this proposal is that, I think, there are 25-hundred polling locations, 800 state troopers. So unless you’re going to divide them into three, there’s no way to actually do it,” State Rep. James Beverly told Channel 2′s Richard Elliot.

Atlanta Democratic lawmaker Bee Nguyen is also running for Secretary of State. She insists a show of force at polling places would create voter intimidation.

“The fear is this would create intimidation tactics that are directed toward voters instead of addressing some of the things at hand,” Nguyen said.

Cue the allegations of voter intimidation and suppression. I wrote that before reading Rep. Nguyen’s comment. She beat me to it.