Georgia Politics, Campaigns, and Elections for March 23, 2016

Patrick Henry addressed the Virginia Convention in Richmond on March 23, 1775, stating,  “I know not what course others may take, but as for me, give me liberty or give me death!”

On March 23, 1861, the Georgia Secession Convention adopted a new state Constitution to be submitted to a referendum of the voters on the first Tuesday in July and then adjourned.

On March 23, 1972, in the case of Gooding v. Wilson, the United States Supreme Court held that a Georgia statute, OCGA § 26-6303, which provided: “Any person who shall, without provocation, use to or of another, and in his presence . . . opprobrious words or abusive language, tending to cause a breach of the peace . . . shall be guilty of a misdemeanor,” was unconstitutionally vague and violated the First and Fourteenth Amendments to the United States Constitution

On March 23, 1983, President Ronald Reagan called for the development of an anti-missile system that would come to be known as the Strategic Defense Initiative.

Georgia Politics, Campaigns, and Elections

Legislation

Legislators, employees, lobbyists and activists are likely all sleeping in today after a marathon Day 39 of the General Assembly yesterday.

Yesterday, the General Assembly passed the FY2017 budget, which comes in at $23.7 billion dollars, and sent it to the Governor.

Georgia lawmakers on Tuesday approved a $23.7 billion budget plan that gives raises to thousands of state employees and provides state retirees with a one-time bonus. It also encourages local school boards to raise teacher pay while narrowing previous cuts to public schools.

The spending plan for the financial year starting July 1 now goes to Gov. Nathan Deal. Deal can accept, revise or reject it. Lawmakers agreed with almost all of Deal’s top priorities, including $300 million intended to help school districts end furloughs and lengthen school years after cuts during the recession.

That would mean public school districts would receive about $166 million less than what they are promised under state funding formulas, the smallest gap since cuts began in financial year 2009, according to the Department of Education.

Senators voted 53 to 1 in favor. Sen. Jack Hill, a Reidsville Republican who chairs the chamber’s budget committee, called the proposal “a very conservative budget.”

“It’s a year that we’re really trying to catch up as it pertains to people and providers,” Hill said.

Deal proposed a 3 percent salary increase for employees, with higher amounts for positions seeing high turnover. Lawmakers later added 9 percent increases for public health nurses.

Budget negotiators also added 6 percent salary increases for law enforcement at state agencies, including Georgia Bureau of Investigation agents and state troopers. Deal’s initial budget proposal didn’t include those positions, but lawmakers said the governor decided they couldn’t wait another year.

Medical marijuana legislation may have a chance of final passage on Thursday, as State Rep. Allen Peake (Macon) grafted some of his bill’s language onto a Senate measure.

The House and Senate both need to approve the measure that would add patients who have seven new diagnoses, including autism and post-traumatic stress disorder, to the list of those who can join the state’s medical cannabis registry.

Patients who join the registry can possess up to 20 ounces of a fluid made from specially-bred cannabis.

Supporters, such as bill author state Rep. Allen Peake, R-Macon, say medical cannabis could provide relief to thousands of suffering Georgians.

Gov. Deal may have sent a message that he’s open to a version that’s more narrowly-tailored than Peake’s initial effort.

State Sen. Butch Miller, the governor’s floor leader, said late Tuesday that Deal is “neutral, at worst, on the bill” which is now pending in the Senate.

“The governor’s office has expressed, from day one, a strong reluctance to growing and manufacturing marijuana in Georgia, but he’s always been sensitive to the needs of the families,” said Miller. “If it makes it to the finish line, I’m confident he’ll sign it into law.”

“I feel confident that if the Senate passes the bill as is, and I desperately hope they will, that Gov. Deal will sign the bill,” said Peake. “The lives of hundreds more hurting Georgians will get a little better. And we will have passed a good law.”

A one-year moratorium on the use of eminent domain for pipeline construction has been passed by both chambers and heads to the Governor’s desk.

Expansion of the Georgia Supreme Court’s membership to add additional justices has passed, according to the Augusta Chronicle.

Georgia’s Supreme Court would grow to nine justices under a bill headed to Deal’s desk. The proposal, backed by Deal, would allow the Re­pub­lican governor to make a lasting impact on the court. Georgia’s constitution already permits up to nine justices, but state law provides for seven. Under the bill, Deal would appoint justices to fill the new high court seats.

Sen. Mike Crane, a Re­pub­lican from New­nan, unsuccessfully proposed an amendment to make the new justices elected rather than appointed.

“We should not grant to the administration the ability to pack a court for partisan reasons,” Crane said.

The measure also removes some types of court cases from the Supreme Court’s responsibilities, following a recommendation made by a panel Deal appointed last year.

The delicate snowflakes of the Emory University student body were so threatened by pro-Trump graffiti written in chalk on campus that they went to Mom and Dad University officials to whine complain.

On Monday, an enthusiast at Emory University reportedly wrote “Trump 2016” in chalk many, many times on the campus. Let us repeat the essentials: Trump. And in chalk.

[]James Wagner, president of Emory University, sent out this email on “unexpected chalkings.”

Yesterday I received a visit from 40 to 50 student protesters upset by the unexpected chalkings on campus sidewalks and some buildings yesterday morning, in this case referencing Donald Trump. The students shared with me their concern that these messages were meant to intimidate rather than merely to advocate for a particular candidate, having appeared outside of the context of a Georgia election or campus campaign activity. During our conversation, they voiced their genuine concern and pain in the face of this perceived intimidation.

The Emory Wheel has more.

an antiphonal chant addressed to University administration, led by College sophomore Jonathan Peraza, resounded “You are not listening! Come speak to us, we are in pain!” throughout the Quad. Peraza opened the door to the Administration Building and students moved forward towards the door, shouting “It is our duty to fight for our freedom. It is our duty to win. We must love each other and support each other. We have nothing to lose but our chains.”

“I’m supposed to feel comfortable and safe [here],” one student said. “But this man is being supported by students on our campus and our administration shows that they, by their silence, support it as well … I don’t deserve to feel afraid at my school,” she added.

One student asked if Emory would send out a  University-wide email to “decry the support for this fascist, racist candidate” to which Wagner replied, “No, we will not.”

“[Faculty] are supporting this rhetoric by not ending it,” said one student, who went on to say that “people of color are struggling academically because they are so focused on trying to have a safe community and focus on these issues [related to having safe spaces on campus].”

Rules

In elections, knowing the rules is vital. It’s not enough to have been told something is true, you should investigate yourself and find out what the law, rule, or regulation really says.

In Troup County, a member of the local elections board was photographed with a candidate holding a sign indicating his support for that candidate, leading to the question of whether it’s permissible for an elections board member to publicly support a candidate.

It’s raised a few eyebrows, but is it illegal? The short answer, according to State Elections Board member David Worley of Peachtree City, is no.

“Generally speaking, members of boards of elections are appointed and chosen by their respective political parties, and it’s not at all unusual to participate in supporting candidates,” said Worley, who has served since 2004 as the Democratic Party of Georgia’s representative on the State Elections Board.

The photograph was posted March 6 on the campaign Facebook page of Lewis Davis, a Republican running for Troup County Board of Commissioners’ District 3. In the photo, which Davis said was taken at a campaign fundraiser Feb. 25, Davis is standing next to Jason Creel, a Troup County Republican Party appointee to the county’s Board of Elections and Registration. Creel, along with a woman, is holding a sign that says “I stand with Lewis.”

Marc Hershovitz, an Atlanta attorney who specializes in election and campaign law, said the photograph might not have been the best idea, but Creel was within his First Amendment rights to support Davis, as long as it’s not in his capacity as an elections board member.

“He wasn’t conducting duties of that office,” Hershovitz told the Daily News by phone. “He wasn’t holding the sign while sitting in the board meeting, he was doing it outside. That’s the argument that it’s permissible.”

On the flip side, Hershovitz said people might see the photograph and have their suspicions.

“The common sense is this is where you go above the letter of the law,” Hershovitz said. “You say, I’m not supposed to do this, and I’m always a member of the board of elections, whether I’m in a meeting or not, and I shouldn’t engage in political activity on behalf of a candidate.”

Georgia law does bar election board members from supporting candidates “while conducting the duty’s of such person’s office,” but it doesn’t outright prohibit them from supporting candidates or making financial contributions.

Candice Broce, a spokesperson for the Georgia Secretary of State’s office, which oversees elections, said local county attorneys should help advise election board members on what is and isn’t proper conduct.

Recently, I’ve seen a lot of “Word of Mouth” analysis regarding the delegate selection process, primarily relating to the Republican National Convention. Here’s my quick analysis of a couple key points.

To understand how Georgia delegates are bound to a candidate and what effect delegate binding has at the National Convention, you need to consult three primary sources:

1. Rules of the Republican National Committee

2. Georgia Code

3. Rules of the Georgia Republican Party

In the RNC Rules, the relevant section is Rule 14, which provides,

(b) Order of Precedence.

Delegates at large and their alternate delegates and delegates from Congressional districts and their alternate delegates to the national convention shall be elected, selected, allocated, or bound in the following manner:

(1) In accordance with any applicable Republican Party rules of a state, insofar as the same are not inconsistent with these rules; or

(2) To the extent not provided for in the applicable Republican Party rules of a state, in accordance with any applicable laws of a state, insofar as the same are not inconsistent with these rules; or

(3) By a combination of the methods set forth in paragraphs (b)(1) or (b)(2) of this rule; or

(4) To the extent not provided by state law or party rules, as set forth in paragraph (e) of this rule.

So, delegates and alternates are bound to vote for a candidate by the Republican Party rules of the state from which they are elected.

So we turn to the Georgia Republican Party Rules, specifically Rule 7, which reads:

The Georgia delegation to the Republican National Convention shall be bound through the first ballot on a proportional basis as described above, except as otherwise provided by O.C.G.A. §21-2-197.

So if you go to the Republican National Convention as a delegate bound to Donald Trump, you must vote for Trump on the first ballot. After the first ballot, you may vote for whomever you wish, providing that your chosen nominee has been placed in nomination. Where the GAGOP rules state, “except as otherwise provided by O.C.G.A. §21-2-197,” sends us to the Georgia Code to see what that means.

Georgia Code §21-2-197 reads,

“Any delegate to a national convention whose presidential candidate withdraws after being entitled to delegate votes pursuant to this article shall be an unpledged delegate to the national convention.”

And this is where the distinction between a candidate withdrawing from their Presidential campaign and “suspending” their campaign comes into play. After the March 1, Primary, Georgia allocated her 76 delegates as follows:

Trump, 43 Delegates
Rubio, 17 Delegates
Cruz, 17 Delegates

At this point, two facts become clear: under Georgia rules, if no candidate for President hits the magic 1237 delegates on the first ballot, all of our delegates are then free to vote their conscience, providing at least one other candidate has been nominated. We have read repeatedly that a candidate must “win” at least eight states to be nominated at the 2016 GOP Convention in Cleveland, but that’s not actually true. Rule 40(b) reads,

(b) Each candidate for nomination for President of the United States and Vice President of the United States shall demonstrate the support of a majority of the delegates from each of eight (8) or more states, severally, prior to the presentation of the name of that candidate for nomination. Notwithstanding any other provisions of these rules or any rule of the House of Representatives, to demonstrate the support required of this paragraph a certificate evidencing the affirmative written support of the required number of permanently seated delegates from each of the eight (8) or more states shall have been submitted to the secretary of the convention not later than one (1) hour prior to the placing of the names of candidates for nomination pursuant to this rule and the established order of business

So, you don’t actually need to have “won” a state for it to count toward the required eight states. If enough candidates in a state become unbound, according to their own state party rules, they can give their written support to a candidate who did not win the majority of votes in their state, thus counting toward that candidate’s eight state requirement. I don’t see anything in the Rules of the National Convention that would prevent unbound delegates from giving their written support to a candidate after the first ballot, which means that nominations could be added as the voting progresses and more delegates become unbound.

But it’s not certain that the eight-state requirement will be in effect in Cleveland. Republican lawyer Ben Ginsburg told Politico.com that the eight-state rule isn’t actually a rule of the convention yet, it’s a temporary rule that can be changed once the Rules Committee for the Republican National Convention convenes.

“In fact, that’s not a rule,” former RNC lawyer Ben Ginsberg — the party’s preeminent election law expert — told MSNBC early Wednesday morning. “That’s part of what’s called the temporary rules. Each convention has to pass for itself the number of states that put a candidate’s name in nomination.”

In 2012, revisions to Rule 40 raised the required number of states from five to eight, but no number is in effect for the Cleveland convention, according to Ginsberg. “The 2016 convention and its rules committee has to make that decision,” he said. “So there is no eight-state rule in effect right now for the next convention.”

“The 2016 convention can make that number one, eight, 18, 28 or 58, if it wishes,” he added.

Curly Haugland, an RNC committeeman and member of the convention’s rules committee from North Dakota, clarified to POLITICO that rules 26 through 42 stood for the 2012 convention but are only temporary until the rules committee and order of business reports are adopted at the 2016 convention.

“Rules aren’t fixed until the convention,” explained Haugland, who sat on the rules committee with Ginsberg at the 2012 convention in Tampa, Florida. “Rule 40 will likely be amended, but it’s a temporary rule. It’s not nonexistent.”

And from WashingtonExaminer.com,

RNC Chairman Reince Priebus confirmed Ginsberg’s assessment on Sunday during a television interview. “There will always be a perception problem if people continue to miss — to not explain the process properly. So, the 2012 rules committee writes the rules for the 2012 convention. The 2016 rules committee writes the rules for the 2016 convention,” he told CNN.

[M]any political observers have long assumed that Rule 40(b), approved four years ago by the convention rules committee that met just prior to the convention, was a permanent fixture of the RNC rulebook.

This has led to erroneous reporting that only Trump has satisfied requirements for having his name placed in nomination at Cleveland, while Cruz and Kasich still have not. The misunderstanding stems from perplexity about the rules process.

Every four years, a rules committee comprised of elected convention delegates (about two from each state and territory delegation) meets during the week just prior to the convention to determine the regulations that will govern the convention. Every convention rules committee approves a rules package that includes regulations that determine eligibility for candidates to have their names placed in nomination on the convention floor.

If the Rules Committee for the 2016 Republican National Convention adopts different rules than are currently on the books as temporary rules, that will not constitue “rewriting” the rules, it will be “writing” the rules.

The scenario in which no candidate reaches 1237 delegates on the first ballot is why the unbinding of rules becomes important, which in turn makes it important who actually got elected as delegates this past weekend in County Conventions. From WABE,

Candidates who won delegates in Georgia’s presidential primary don’t get to choose the people representing them at the convention.

That means, for example, that Georgia delegates sent to the national convention to vote for Donald Trump as the Republican nominee may actually prefer a different candidate. And those delegates could work against the interest of Trump in different ways at the convention, said Putnam.

First of all, they are only required to support Trump for the nomination on the first ballot at the convention. After that, if no single candidate wins a majority, the delegates are free to vote for whomever they like.

From the Wall Street Journal,

Though front-runner Donald Trump carried Georgia’s Coweta County by 12 percentage points three weeks ago, it was Cruz supporters who dominated an early stage of the arcane process of choosing the people who will serve as delegates at the Republican National Convention.

The goal: If Mr. Trump doesn’t win on the first ballot—freeing most delegates from voting for the candidate who won their state’s primary or caucus—Cruz supporters would dominate the convention, paving the way for the Texas senator to win the nomination on a later vote.

Mr. Cruz’s presidential hopes increasingly rest on a convention scenario not seen since 1948, when New York Gov. Thomas E. Dewey won the GOP nomination on the third ballot. To succeed, he is relying on organizers like Brant Frost, a 25-year-old mortgage broker in Georgia who began volunteering for his campaign last July.

Mr. Frost estimates that Cruz supporters will make up 90% of Coweta County’s delegates at Georgia’s coming state and district gatherings, from which delegates to the national convention will be chosen. “We’re trying to get Cruz supporters there so when delegates can vote for whoever they want, they will vote for Ted,’’ Mr. Frost said.

“A lot of Trump supporters are new,” and so didn’t know they had to be at Georgia precinct meetings a month ago, said Phoebe Hobbs, a Trump backer attending a GOP convention Saturday in Cobb County, northeast of Atlanta. “There’s a reason they are upset [with the political system]. They don’t know how the party is run.”

After his primary victory, Mr. Trump sent his top Georgia organizer to Florida, an indication his campaign didn’t put a premium on the post-primary delegate-selection process.

Roger Stone weighed in on other ways supporters of candidates other than Trump could effect the Convention process.

Though these “Trump” delegates will be bound by national and state rules to support Trump through the first ballot at the convention, they are free to vote against Trump’s interests on the adoption of Rules and the seating of delegates. It’s entirely plausible that a state could seat delegates pledged to support Donald Trump who have open affiliations with other candidates…The power brokers short-term game is clear: Stall Trump just short of the magic number of delegates needed to be nominated on the first ballot with the knowledge that many delegates bound on the first ballot by Trump primary and caucus victories are ringers who would be unbound on a second ballot.