Georgia Politics, Campaigns, and Elections for March 6, 2024

On March 6, 1857, the United States Supreme Court published its opinion in Sanford v. Dred Scott.

the Court held that African Americans, whether slave or free, could not be American citizens and therefore had no standing to sue in federal court,and that the federal government had no power to regulate slavery in the federal territories acquired after the creation of the United States. Dred Scott, an African American slave who had been taken by his owners to free states and territories, attempted to sue for his freedom. In a 7–2 decision written by Chief Justice Roger B. Taney, the Court denied Scott’s request and in doing so, ruled an Act of Congress in this case—the Missouri Compromise of 1820 which prohibited slavery north of the parallel 36°30′ north—to be unconstitutional for the second time in its history.

The decision would prove to be an indirect catalyst for the American Civil War and was functionally superseded by the post-war Reconstruction Amendments. It is now widely regarded as the worst decision ever made by the Supreme Court.

One member of the Court that decided Dred Scott was Associate Justice James M Wayne, who was born in Savannah and served in Congress from Georgia from 1829 to 1835.

On March 6, 1946, the Fifth Circuit United States Court of Appeals ruled in King v. Chapman that Georgia’s all white Democratic Primary violated the 14th, 15th, and 17th Amendments to the U.S. Constitution. Primus E. King of Columbus, Georgia brought the lawsuit against the Muscogee County Democratic Party Executive Committee Chair Joseph E. Chapman.

Georgia Politics, Campaigns, and Elections

Georgia’s Public Service Commission elections have been canceled by courts for the second cycle, according to the AJC.

The secretary of state’s office confirmed Tuesday that elections will be delayed indefinitely for the Public Service Commission, which oversees electricity and natural gas rates for much of the state. Candidates who planned to file paperwork this week to run for the PSC learned that they couldn’t.

The elections were called off because the 11th U.S. Circuit Court of Appeals never finalized its November ruling that statewide PSC elections comply with the Voting Rights Act of 1965, which prohibits racial discrimination in elections.

Until the case is resolved, a federal judge’s 2022 decision that at-large PSC elections illegally weaken Black Georgians’ voting strength remains in effect, preventing elections from being held under that structure.

Without an election, two commissioners whose six-year terms expired in 2022 will remain in office, and one whose term ends this year would also remain in office unless a special election is scheduled.

PSC elections were previously canceled in August 2022 because the judge ruled against allowing all Georgia voters to vote for candidates in all five geographic commission districts, regardless of where voters live in the state.

Even after the 11th Circuit eventually issues its decision, it’s unlikely there would be time to schedule special primaries followed by special elections this year, according to the secretary of state’s office.

That means voters might have to wait until 2025 to vote for PSC members — five years after the last election.

Lookout Mountain Judicial Circuit Superior Court Judge Don Thompson ordered the Catoosa County Republican Party to qualify candidates for May and November elections, according to the AJC.

A judge blocked the Catoosa County GOP on Tuesday from enforcing a new policy that gives party leaders the final say on whether candidates for county office are eligible to run as Republicans.

But local party officials refused to abide by Superior Court Judge Don Thompson’s decision, triggering a legal standoff that could have ramifications beyond the northwest Georgia county of roughly 70,000 people.

The Catoosa GOP’s policy was challenged after several candidates, including two county commissioners and a former commissioner, were denied a spot on the GOP primary ballot by party officials this week.

Among them was Steven Henry, who was rebuffed again from qualifying on Tuesday even after he brought Thompson’s order to the county party. His attorney, Bryan Tyson, urged the party to comply with the order.

“We are pleased the judge required the party to follow the law,” Tyson said. “The people get to pick the candidates — not a small group of insiders.”

The party’s leaders refused to comment on the ruling. But Chairwoman Joanna Hildreth said the policy was designed to ensure Republican candidates who “share our values” are on the ballot.

“Too often, voters are rightfully disappointed by candidates who run with ‘Republican’ by their name only to abandon the platform once elected, if they ever really supported it to begin with,” she said.

Chattooga and Pickens counties also recently adopted rules that give party leaders more control over which candidates can run on the ballot with an “R” by their name, though it’s not clear if any office seekers in those counties were blocked from qualifying as Republicans.

In Catoosa, Hildreth said the policy also helps party leaders “get to know” candidates seeking powerful offices. She said those who are rejected can still apply as an independent or run as a Democrat.

Under the Gold Dome Today

7:00 AM Senate Approp: Health & Human Dev Sub – 307 CLOB
9:00 AM HOUSE Education Curriculum Sub – 406 CLOB
9:00 AM HOUSE INSURANCE – 506 CLOB
9:00 AM Senate Special Investigations – 450 CAP
9:00 AM Senate Approp Criminal Justice Sub – 341 CAP
9:00 AM Senate Approp: Govt Operations Sub – 125 CAP
10:00 AM HOUSE SMALL BUS DEV – 606 CLOB
10:00 AM HOUSE EDUCATION – 406 CLOB
11:00 AM HOUSE JUVENILE JUSTICE – 403 CAP
11:00 AM Senate Public Safety – Mezz 1 CAP
12:00 PM Senate Higher Education – 307 CLOB
12:00 PM Senate Insurance & Labor – Mezz 1 CAP
1:00 PM HOUSE HIGHER EDUCATION – 606 CLOB
1:00 PM Senate Ethics – 307 CLOB
1:30 PM HOUSE Leverett Sub Judiciary Non-Civil – 132 CAP
2:00 PM Senate Approp: Agriculture & Natl Res Sub – Mezz 1 CAP
2:00 PM Senate Approp: Judicial Sub – 450 CAP
3:00 PM HOUSE REGULATED INDUSTRIES – 606 CLOB
3:00 PM HOUSE RETIREMENT – 403 CAP
3:00 PM HOUSE INDUSTRY AND LABOR – 506 CLOB
3:00 PM CANCELED – HOUSE Energy, Utilities & Telecom Energy Sub – 341 CAP
3:00 PM Senate Health & Human Services – 450 CAP
3:30 PM HOUSE JUDY NON-CIVIL – 132 CAP
4:00 PM Senate Finance – Mezz 1 CAP
5:00 PM Senate Govt Oversight – 310 CLOB

I hope the Senate Special Committee on Investigations opens their hearing this morning with the theme song from Law & Order. From CNN via WRDW:

Defense attorney Ashleigh Merchant has been subpoenaed to appear before a Georgia state Senate committee hearing on Wednesday as it investigates the actions of Fulton County District Attorney Fani Willis.

The Georgia legislative committee, formed in January to investigate the Fulton County District Attorney, said they planned to issue subpoenas as they investigate Willis, the Democratic state prosecutor who brought the racketeering case against Donald Trump and his allies for their actions after the 2020 election.

At the committee’s first meeting in February, state Sen. Bill Cowsert, the Republican chairman, laid out plans for subpoenas and depositions as part of the investigation into alleged misconduct by Willis.

Cowsert said the panel already has heard from “whistleblowers” but did not elaborate on what information they provided. He said the committee intends to dig into any credible allegations, no matter how long the investigation takes.

The House Appropriations Committee recommended passage of the FY 2025 state budget, according to the Capitol Beat News Service.

Georgia House budget writers approved a $36.1 billion fiscal 2025 state budget Tuesday that includes pay raises for teachers, state and university system employees and judges.

The House Appropriations Committee signed off on most of the spending recommendations Gov. Brian Kemp presented to the General Assembly in January, including $249.6 million to account for public school enrollment growth, a $204 million increase in student transportation costs, and $104 million in grants to improve safety on public school campuses.

Even though the $37.5 billion midyear budget Kemp signed last week contains well more than $1 billion in capital projects, the fiscal 2025 spending plan also includes $786.5 million for building projects.

The budget is expected to reach the full House for a vote later this week. The fiscal 2025 budget will take effect July 1.

From the Associated Press via AccessWDUN:

Pay raises for Georgia public school teachers and state employees took a step forward Tuesday, as the House Appropriations Committee approved a spending plan for the budget year that begins July 1.

The budget would spend $36.1 billion in state money and $66.5 billion overall, including federal and other funds. The full House will vote on the measure on Thursday, with Senate debate to follow.

Spending would actually fall after lawmakers amended this year’s budget to sharply increase outlays. After Gov. Brian Kemp signed the amended spending plan last week, Georgia will have spent $38 billion in state revenue and $68 billion overall in the year ending June 30.

Public school teachers would get a $2,500 raise beginning July 1, boosting average teacher pay in Georgia above $65,000 annually, as the Republican governor proposed in January. That’s in addition to a $1,000 bonus Kemp sent out in December, a move lawmakers ratified when they amended the current budget. State and university employees also would get a 4% pay increase, up to $70,000 in salary. The typical state employee makes $50,400.

Combined, that’s more than $600 million in pay raises. Teachers previously received $7,000 in raises during Kemp’s first five years in office.

Some employees would be singled out for more. State law enforcement officers would get an additional $3,000 bump, atop the $6,000 special boost they got last year. Child welfare workers would also receive extra $3,000 raises.

Many judges would also get a raise under the plan. The House proposes spending more than $10 million to implement half of a plan to raise and standardize judicial pay, with House Appropriations Committee Chairman Matt Hatchett saying the second half would come next year. The plan would link top pay for judges to what federal judges in Atlanta make. State Supreme Court justices could see their pay rise from $186,000 to more than $223,000, while Court of Appeals judges could see their pay rise from $185,000 now to $212,000.

Right now, superior court judges make between $154,000 and $222,000 a year based on differing amounts counties contribute in Georgia’s 50 judicial circuits. Under the proposed system, the state would pay superior court judge as much as $201,000, while counties could add a 10% locality supplement, bringing total pay to $221,000.

Adults who get health insurance from Georgia’s Medicaid program would get basic dental care covered for the first time, at a cost of $9 million in state money, or $28 million once federal money is included.

The House proposed spending $21 million more on domestic violence shelters and sexual assault response. Some of those agencies face big cuts in their federal funding. Hatchett said the money doesn’t directly offset the federal funds but said the state needs to pay for services that it mandates.

Senate Bill 332 by State Sen. Randy Robertson (R-Cataula) would reform procedures for the Prosecuting Attorneys Qualifications Commission, created last year, according to the Associated Press via AccessWDUN.

The state House voted 97-73 on Tuesday for Senate Bill 332, sending it to Kemp. The Republican governor has said he will sign the measure.

Though Kemp signed legislation last year creating the Prosecuting Attorneys Qualifications Commission, it was unable to begin operating after the state Supreme Court in November refused to approve rules governing its conduct. Justices said they had “grave doubts” about their ability to regulate the duties of district attorneys beyond the practice of law. Tuesday’s measure removes the requirement for Supreme Court approval.

“Once this bill’s passed, this commission will be able to begin its real work, which is bringing accountability to those rogue prosecuting attorneys who abuse their office, sexually harass their employees and do not show up for work,” Rep. Joseph Gullett, a Dallas Republican, told House members Tuesday.

The law would require district attorneys and solicitors general, who prosecute lower level cases in some counties, to evaluate each case on its own, instead of declining to prosecute classes of offenses. Opponents say that would mean prosecutors couldn’t use their discretion.

House Democratic Whip Sam Park of Lawrenceville decried the measure as “a partisan attempt to control and discipline prosecutors who hand down decisions that Republican politicians do not like.”

“It will be used to undermine the ongoing criminal prosecution of twice-impeached President Donald Trump,” Park said.

It’s not clear that Fulton District Attorney Fani Willis needs any assistance in undermining the Trump prosecution.

From the Capitol Beat News Service:

“The commissioners are all in place,” Rep. Joseph Gullett, R-Dallas, the bill’s chief sponsor, said on the House floor Tuesday. “It’s ready to get to work.”

But Rep. Stacey Evans, D-Atlanta, said taking away the state Supreme Court’s authority to set the commission’s rules would leave a panel of unelected commissioners appointed by Georgia’s Republican governor, lieutenant governor, and House speaker able to make partisan decisions on prosecutors unchecked.

“We are creating an oversight commission without oversight,” she said.

Evans and other Democrats also argued an oversight commission for prosecutors is unnecessary because they already must answer to the Georgia Bar Association, judges, and – ultimately – local voters.

“There have been deliberate decisions to ignore whole sections of the Georgia code,” said Rep. Matt Reeves, R-Duluth. “We can’t afford to have any (judicial) circuit not enforcing the law for the sake of public safety.”

A third party will spend money to unseat Western Judicial Circuit District Attorney Deborah Gonzales (D), according to the AJC.

A group called Safer Georgia said Wednesday it plans to spend more than $100,000 to unseat the Democratic prosecutor. It launched a minute-long ad painting her as more concerned about “partisan politics than she is about protecting families.”

The ad features Oconee County Sheriff James Hale Jr. saying the victims are “not seeing justice because of the lack of prosecution.”

“Safer Georgia Inc.’s campaign is focused on holding Deborah Gonzalez accountable for her horrible prosecutorial record and ensuring citizens of Athens-Clarke and Oconee counties finally have a district attorney who will keep our community safe,” said Eric Eberhardt, a local attorney who is the group’s spokesman.

House Bill 1105, the “Georgia Criminal Alien Track and Report Act” by State Rep. Jesse Petrea (R-Savannah) passed the House, according to WTOC.

The bill, called the Georgia Criminal Alien Track and Report Act, would enact penalties for jailers, like a sheriff, who don’t report that an inmate is in the country illegally to Immigration and Customs Enforcement.

There are already laws on the books requiring sheriffs to report these situations, but Representative Jesse Petrea, who introduced the bill, says that it’s not always happening when it should.

“Everybody recognizes this is in the interest of public safety. So yes, individuals, if ICE does their job, which is to seek out those they believe are dangerous to society, that are here illegally, then yes, this will absolutely help to avoid situations like occurred with Laken Riley. No question,” said Rep. Petrea.

The bill states that when authorized by federal law, law enforcement officers would be able to arrest any person for violation of federal immigration law.

WTOC asked Petrea about it. He said that section is meant to refer to detainment of people already in jail, and that he’s going to further vet the language of the bill to clear up any confusion.

The bill has passed the House and is now in the Senate for consideration.

Senate Bill 443 by State Sen. Ben Watson (R-Savannah) passed the House and would give local governments more tools to address large-scale unpermitted events, according to WTOC.

The bill had already passed through the Georgia Senate and will now head to Georgia Governor Brian Kemp’s desk. The bill does not take effect until Gov. Kemp signs it.

The bill would allow municipalities to hold promoters of unpermitted events financially accountable for any damage done and any extra costs incurred by public services.

The bill was drafted at the request of Tybee’s City Council, months after the city was effectively shut down by last April’s unpermitted Orange Crush event.

Representative Petrea says the bill gives cities more power in similar situations.

“We have to just send a message to the promoters of this who choose to do it like this. Listen, everyone’s got the right to go down there and say, we want to have an event and then prepare for it. If you choose to do it this way, we gotta make sure that the promoters know that you’ll be held accountable if the City chooses to seek damages for all that they have to incur financially to hold this event. This now gives them a route to do that.”

House Resolution 1175, honoring Gwinnett County gastroenterologist Dr. Indran Indrakrishnan, was adopted, according to the Gwinnett Daily Post.

Gastroenterologist Dr. Indran B. Indrakrishnan of Gwinnett Digestive Clinic in Lawrenceville was recently honored by the Georgia House of Representatives, who passed a bipartisan resolution recognizing Tuesday, Feb. 20 as Dr. Indran B. Indrakrishnan Day at the State Capitol.

Indrakrishnan is an adjunct professor of medicine at Emory University School of Medicine and the Philadelphia College of Osteopathic Medicine and is an alumnus of Leadership Gwinnett and “has worked to advance initiatives positively impacting the State of Georgia,” according to the resolution.

“Dr. Indrakrishnan is part of a new wave of immigration that has been enriching America by giving back to communities, pioneering new paths for civic engagement and offering a fresh perspective on the meaning of traditional family values,” the resolution further noted.

He was also the first physician of Asian heritage to be appointed by any governor of Georgia to serve on the Georgia Board of Healthcare Workforce, “where he dedicates his time to supporting the development of medical education programs and initiatives to increase the number of physicians and health care practitioners in underserved rural areas,” said the resolution.

He has previously been honored by the Georgia Senate for his service to the community, including increasing public awareness of colorectal cancer screenings.

Gwinnett County Commissioners approved a study of disparity in the county’s procurement, according to AccessWDUN.

The primary objective of the study is to provide a comprehensive analysis of current and historical procurement and contracting data, according to county officials. The examination will identify any disparities or barriers that may exist within the county’s purchasing and contracting policies and practices.

“In Gwinnett, our diversity is our greatest strength, and it is imperative that our procurement processes reflect these values,” Chairwoman Nicole Love Hendrickson said. “The critical findings from this study will ensure the county is well equipped to address the barriers in procurement opportunities faced by our diverse businesses. I look forward to the work ahead as we identify responsive action while launching meaningful initiatives that promote inclusion in our government contracting practices.”

During their annual strategic planning session in 2022, a key takeaway from the session for commissioners was to develop a request for proposals for a disparity study of procurement activities that would ensure any economic investments align with this vision.

Savannah will receive $5 million dollars in federal funding for their airport expansion, according to WTOC.

Officials from the U.S. Department of Transportation celebrated $5 million for terminal expansion funding.

It’s a project that will cost a total of $38 million and comes after the airport reported record passenger numbers in recent years.

Just last year, the airport received more than $6 million, also from the infrastructure act, to support expansions to the security checkpoint. That project is set for completion later this year.

Under Secretary Monje hopes that investments in airport infrastructure mean a boost in dollars to the local economy.

“It’s not just about getting people in and out of the airport sooner. It’s about making them be able to get out into the community and being able to spend money, whether they’re visiting family or visiting the beach,” he said.

The Georgia Ports Authority announced that container traffic increased 14% in February, according to a Press Release.

The Georgia Ports Authority handled 451,670 twenty-foot equivalent container units in February, for an increase of 56,880 TEUs or 14.4 percent compared to the same month last year. Loaded import containers gained 19 percent for 219,000 TEUs, while export loads increased 10 percent to 121,930.

“I’d like to thank our customers for making Savannah the premier gateway into the U.S. Southeast for global commerce,” said GPA President and CEO Griff Lynch. “The region’s fast-growing population, and an increasing number of manufacturing and logistics operations are both factors in the long-term expansion of trade through Georgia.”

Lynch said he was pleased to see two consecutive months of growth in January and February. After a challenging start to the fiscal year, the improving volumes should carry GPA to a stronger second half of Fiscal Year 2024, ending in June.

Rome may self-fund the beginning of projects under the Special Purpose Local Option Sales Tax (SPLOST), according to the Rome News Tribune.

Collections start April 1 for the package of projects approved by voters last year.

City Manager Sammy Rich told the finance committee Monday that one option could be for the city to borrow money from itself.

“The county ran the numbers, and to borrow $50 million would cost us around $10 million,” he said. “So, with 50 we get 40. If we borrowed some amount of money, and maybe thought about borrowing from ourselves to kick start some city projects, that’s the thought of ‘what if.’ Theoretically, if we borrowed some money from ourselves, we could pay ourselves back with interest, instead of paying another entity. That way you would save interest and the issuance cost.”

Democrat Orlando Scott announced he will run for Chatham County Commission District 7, according to the Savannah Morning News.

Orlando Scott, a state Democratic Party committee member and local retail manager for Murphy USA, announced a bid for Chatham County Board of Commissioners District 7, according to a campaign press release. Scott is challenging incumbent Dean Kicklighter, who won the seat over Scott in 2020 with 54% of the vote.

Chatham County Commissioner Aaron “Adot” Whitely announced he is running for reelection to District 6, according to the Savannah Morning News.

Whitely is vying for a second term on the Chatham County Board of Commissioners.

Mike Burnes qualified for the Floyd County Commission Post 2 seat being vacated by incumbent Wright Bagby, according to the Rome News Tribune.

Another development in the County Commission election came by way of a challenger for Commission Chair Allison Watters in the Republican primary. Richard Cleve Garrett qualified as a Republican for the Post 3 seat she holds.

Garrett, a retired Cobb County firefighter who lives in Armuchee, isn’t a newcomer to the political scene. He challenged Rep. Katie Dempsey in 2014 as a Democrat. He also challenged Rep Eddie Lumsden in 2012, when Lumsden was in the Post 3 seat on the County Commission.

Qualifying continues through Friday this week. Candidates for the judicial seats, Congress, Georgia General Assembly and district attorney will qualify in Atlanta. Qualifying for all of the local offices will be through their party in Rome.