Georgia Politics, Campaigns, and Elections for September 30, 2022

On October 2, 1789, President George Washington signed a resolution transmitting the (then-twelve) amendments constituting the Bill of Rights to the states that had ratified the Constitution. Click here for the letter from Washington to Governor Charles Pinckney of South Carolina that accompanied the amendments.

On October 2, 1835, Texans and Mexicans met in the first military battle of the Texas Revolution, the Battle of Gonzales.

In 1831, Mexican authorities gave the settlers of Gonzales a small cannon to help protect them from frequent Comanche raids. Over the next four years, the political situation in Mexico deteriorated, and in 1835 several states revolted. As the unrest spread, Colonel Domingo de Ugartechea, the commander of all Mexican troops in Texas, felt it unwise to leave the residents of Gonzales a weapon and requested the return of the cannon.

When the initial request was refused, Ugartechea sent 100 dragoons to retrieve the cannon. The soldiers neared Gonzales on September 29, but the colonists used a variety of excuses to keep them from the town, while secretly sending messengers to request assistance from nearby communities. Within two days, up to 140 Texians gathered in Gonzales, all determined not to give up the cannon. On October 1, settlers voted to initiate a fight. Mexican soldiers opened fire as Texians approached their camp in the early hours of October 2. After several hours of desultory firing, the Mexican soldiers withdrew.

Original Communist (O.C.) Karl Marx published Das Kapital on October 1, 1867.

On October 2, 1879, Wallace Stevens was born. Stevens would become a renowned poet and insurance industry lawyer. My favorite poem of his is “Connoisseur of Chaos.”

A. A violent order is disorder; and
B. A great disorder is an order. These
Two things are one.

Wyoming adopted the first state constitution to allow women to vote on September 30, 1889.

Voters in the state of Washington adopted the state constitution on October 1, 1889.

The first World Series of baseball opened on October 1, 1903.

On October 1, 1908, Ford introduced the Model T.

President Woodrow Wilson suffered a stroke at the White House on October 2, 1909.

President Woodrow Wilson spoke in favor of Women’s Suffrage in an address to Congress on September 30, 1918. The bill to pass the 19th Amendment would die in the Senate that year after passing the House.

Happy 98th Birthday to former President Jimmy Carter, who was born on October 1, 1924 at Wise Sanitarium in Plains, Georgia, the first American President to be born in a hospital.

President Franklin D. Roosevelt visited Warm Springs, Georgia for the 21st time beginning on October 1, 1931.

On September 30, 1927, Babe Ruth hit his 60th home run of the season.

In a Special Election October 1, 1940, Florence Gibbs became the first woman elected to Congress from Georgia, completing her late husband’s term and serving through January 3, 1941, but no standing for a full term of her own.

Chinese Communist leader Mao Zedong proclaimed the Communist People’s Republic of China on October 1, 1949.

Thurgood Marshall was sworn-in as an Associate Justice of the United States Supreme Court on October 2, 1967.

On September 30, 1976, Democrat Jimmy Carter led the Harris Poll for President over President Gerald Ford by a 50-41 margin. In November 1976, the popular vote tallied 50.08% for Carter to 48.01% for Ford, with an Independent taking nearly a point.

Betty Talmadge, then wife of Senator Herman Talmadge, hosted a fundraiser with Rosalynn Carter and Joan Mondale on October 2, 1976.

Ground was broken for The Carter Presidential Center in Atlanta on October 2, 1984.

The Carter Center in Atlanta was dedicated on October 1, 1986.

Mikhail Gorbachev named himself Chairman of the USSR’s Supreme Soviet on October 1, 1988.

President George H.W. Bush condemned Iraq’s takeover of Kuwait in a speech to the United Nations on October 1, 1990.

The last Braves game at Turner Field was played on October 2, 2016, with the Detroit Tigers besting the Braves by 1-0.

Georgia Politics, Campaigns, and Elections

Governor Brian Kemp announced that Georgia was recognized for the ninth consecutive year as the number one state in which to do business.

Governor Brian P. Kemp [] announced that Georgia has been named by Area Development magazine as the No. 1 state for business for the ninth consecutive year. No other state has earned this distinction for so many years. Governor Kemp was joined by executives from Kia Georgia, Bridgestone Golf, and Char-Broil’s parent company W.C. Bradley Company as well as members of the General Assembly, state and local economic developers, and local officials at the Kia Georgia Training Center in West Point to make the announcement.

“We are honored to accept the title of ‘Top State for Business’ yet again from Area Development for an unprecedented ninth year in a row,” said Governor Kemp. “This is just the latest confirmation that our partnership approach, conservative governing, and dedication to saving both lives and livelihoods during the pandemic were the right choices for the people of Georgia. Thanks to our world-class infrastructure, award-winning workforce training programs, pro-business environment, and most of all our hardworking Georgians, the Peach State is a national leader in the assets job creators look for when deciding where to start, grow, and sustain a thriving business.”

The executive publication’s annual poll of approximately 50 leading site consulting firms from across the U.S. considers 13 different factors to make this coveted determination. In addition to overall Top State, Georgia earned a No. 1 ranking for the thirteenth year in a row for its workforce development program, Georgia Quick Start. The state also earned the top ranking in six additional categories, including cost of doing business, cooperative and responsive state government, competitive labor environment, and available real estate. Georgia tied for first place in energy availability and costs.

“It’s no surprise that Georgia is ranked No. 1 for the ninth year in a row by experienced location consultants,” said Area Development’s Editor Geraldine Gambale. “State and local economic developers in Georgia have consistently worked together to guide companies through the location process and retain their business for years to come.”

Area Development’s 2022 Top States for Doing Business results reflect the rankings that states receive based on scores in the following categories: Overall cost of doing business, cooperative and responsive state government, favorable regulatory environment, corporate tax environment, business incentives, competitive labor environment, workforce development programs, logistics and infrastructure, access to capital and project funding, available real estate, energy availability and costs, speed of permitting, and site-readiness programs. Georgia placed in the top 10 for all 13 categories.

“Georgia’s continued focus on business and workforce centric policies have, once again, resulted in our state being ranked as No. 1 in the nation by Area Development magazine for the ninth straight year,” said Lt. Governor Geoff Duncan. “With a business climate that is second to none, Georgia has received an influx of major investments from small and large businesses alike over the past few years, culminating in one of the lowest unemployment rates in our state’s history. This accomplishment would not have been possible without the leadership of Governor Brian Kemp and our excellent team at the Georgia Department of Economic Development who will continue to promote our state as the best state in the nation to do business.”

“Georgia’s continued acclaim as the nation’s No. 1 state for business demonstrates we care about expanding opportunity for all Georgians,” said Speaker David Ralston. “Working with Governor Kemp, our General Assembly remains focused on pro-business policies like cutting taxes and incentivizing investment. These policies help create private sector jobs across our state and put Georgians to work. I thank all of the public and private partners who work with us to keep Georgia the envy of the nation.”

“Earning the title as the No. 1 state for business for nine years in a row is an amazing accomplishment, and one I attribute to Georgia’s collaborative spirit and our strong relationships with public and private partners,” said Georgia Department of Economic Development (GDEcD) Commissioner Pat Wilson. “While our mission itself is straightforward – to create hope and opportunity in every corner of the state – it is an enormous undertaking for any one team. Our combined efforts have made Georgia an attractive location for domestic and international companies seeking growth. We are grateful for the support of Governor Kemp, the Georgia General Assembly, and our local communities; and thank you to the hundreds of companies in the last year alone that chose to create the jobs of the future in our state.”

This recognition follows Governor Kemp’s announcement that the state shattered economic development records during fiscal year 2022. During this period, investments in expansions and new locations totaled more than $21.2 billion, and 51,132 jobs were created in the state through 358 projects supported by GDEcD’s Global Commerce team between July 1, 2021, and June 30, 2022. These numbers include the two largest projects in state history – Rivian and Hyundai Motor Group – which totaled more than $10.5 billion in investments and 15,600 new jobs when combined.

About Area Development
Founded in 1965, Area Development is considered the leading executive magazine covering corporate site selection and relocation. Editorial coverage provides valuable information pertinent to the factors, key issues, and criteria that affect a successful decision. Area Development is published quarterly and also maintains a website that receives more than one million visitor sessions annually.

Governor Kemp also gave an update on state preparations for Hurricane Ian.

Governor Brian P. Kemp today joined state and local emergency management officials, local leaders, and others in Savannah to provide an update on Tropical Storm Ian preparations and the state’s planned response. The State of Emergency issued by Governor Kemp on Tuesday went into effect this morning at 7 a.m. for all 159 of Georgia’s counties, making state resources available to local governments and entities within the hurricane impact area. The Georgia Emergency Management and Homeland Security Agency (GEMA/HS) State Operations Center is now at a Level 1 full-scale activation and continues to monitor Tropical Storm Ian’s progress. Teams from the relevant state agencies are also standing by to deploy to affected counties, when appropriate. The governor and emergency management officials are also coordinating with Georgia’s utility providers, who have been staging equipment, inspecting the right-of-way paths of power lines, and preparing to respond to any power outages homes and businesses may experience.

At this time, the Savannah Airport remains open and operational. The Savannah port terminal cleared any waiting vessels last night and operations will continue until 6 p.m. this evening. All vessels have also departed the Brunswick port terminal and pilot operations have ceased until the storm passes. The Georgia Ports Authority will reassess needs and an expected timeline for return to operations on Friday. The Georgia Department of Transportation closed the Sidney Lanier Bridge in Brunswick at 9 a.m. today, and Houlihan Bridge is closed to boat traffic only. Please visit www.dot.ga.gov for more information.

A number of Floridians have come to Georgia over the past several days, and Georgia is welcoming them with open arms. There is still reliable hotel/motel availability with sufficient capacity to meet demand. The tourism division of the Georgia Department of Economic Development has activated the Explore Georgia hurricane information webpage to help travelers and evacuees impacted by Tropical Storm Ian find hotel room openings and lodging availability, hours of operation for the state’s nine Visitor Information Centers, and links to emergency resources.

From WSAV:

“I would just remind Georgians to stay weather alert, especially if you’re in the southern half of the state,” Kemp said. “We think there’s going to be certainly a lot of rain and not a sustaining high winds, but certainly gusts in the 40 to 50 miles an hour.”

Georgia Insurance Commissioner John King (R) spoke about avoiding post-hurricane scams, according to WSAV.

Concerning scams, King said the legislature recently gave them additional authority so they can now regulate companies of public adjusters.

“That is the purpose of why we go into communities that have been affected by storms, to stop these characters from committing the fraud,” said King.

He continued, “Our agents will go door to door sometimes and give people pamphlets. Do not sign a contract, call us, if you have any questions about it. We ask people to, when all possible, hire a local contractor, somebody that’s not going to disappear overnight. Somebody that has a track record in the community, and to make sure that we know who you’re dealing with.”

Commissioner King says that those with questions can visit their website at www.oci.ga.gov or give them a call at 1-800-656-2298.

The Georgia State Election Board met and heard about allegations of voting equipment tampering, according to the Associated Press via WSAV.

The meeting included a presentation on state election law, an explanation of how the state’s voting machines work and a description of post-election audits. It also included a report on the breach of voting equipment in rural Coffee County.

“I think what happened in Coffee County was despicable,” board Chairman William Duffey, a retired federal judge, said after the meeting. If the investigation finds evidence of crimes, the penalties should be significant “to let people there and in other counties know that we are not going to put up with that,” he said.

Sara Tindall Ghazal, the state Democratic Party’s appointee to the board, said elections have to balance three “sometimes-competing interests” — security, accessibility and efficient administration.

“Georgia’s system reflects an attempt to balance these issues and interests,” she said. “I have trust in our election officials and in our voters to ensure that our elections will proceed smoothly and securely and that the outcome will reflect the will of the voters.”

A computer forensics team hired by allies of then-President Donald Trump traveled to the elections office in Coffee County, about 200 miles southeast of Atlanta, on Jan. 7, 2021, and made complete copies of data and software on elections equipment, according to documents and deposition testimony produced in response to subpoenas in a long-running lawsuit challenging the security of the state’s voting machines. Security camera video from the elections office shows that local Republican Party and county election officials were present when the copying took place.

Blake Evans, elections director for the secretary of state’s office, walked board members through the process for the audits that Georgia now uses to check one statewide race during even-year general elections. The “risk-limiting audits” rely on statistics, mathematics and a hand count of a sample of ballots to ensure that the machine-tabulated result is accurate.

From CNN via the Gwinnett Daily Post:

The Georgia State Elections Board revealed Wednesday that the board has asked the FBI to participate in an ongoing criminal investigation into the voting system breach in Coffee County because of similarities between what happened there and incidents in other states.

“The conduct in Coffee County is similar to conduct in Antrim County, Michigan, and Clark County, Nevada,” elections board Chairman William Duffey Jr. said, citing two other places where pro-Trump operatives gained access to voting systems with the help of sympathetic local elections officials after the 2020 election.

The Georgia elections board also revealed it is investigating communications between local election officials in a second Georgia county and SullivanStrickler — the same cybersecurity firm hired by attorneys working for former President Donald Trump to access voting systems in Coffee County in January 2021.

The board has received documents that include an “unexecuted engagement agreement” for SullivanStrickler to forensically image voting systems in Spalding County, Georgia, Duffey said.

SullivanStrickler says it did not image any Spalding County equipment.

“We did not image any equipment in Spalding County,” said Amanda Clark Palmer, an attorney representing SullivanStrickler, on Wednesday. “We will continue to cooperate with law enforcement on any investigation as we have done up until now.”

Some county election offices report large numbers of voter registration challenges, according to CNN via the Albany Herald.

One morning in late August, Zach Manifold showed up at his job running the elections office in Gwinnett County, Georgia, to find eight boxes waiting, all filled with documents challenging the eligibility of tens of thousands of people to cast ballots.

It was the physical manifestation of a law passed by the Republican-controlled state legislature in 2021, making it explicit that any voter in the state could challenge an unlimited number of fellow Georgians’ voter registrations.

Conservative activists have seized on that power to attempt to remove thousands of voters from the rolls with just weeks to go before the October 17 start of in-person early voting in this battleground state.

While election officials in other states have reported voter challenges, the biggest number appears to have been lodged in Georgia. And the challenges attempted so far in this state far exceed Joe Biden’s margin of victory in the 2020 presidential election, which he won by fewer than 12,000 votes out of some 5 million cast. That year, Biden became the first Democrat to win this traditionally red state in nearly three decades.

Dougherty County says it has sufficient poll workers for November, according to WALB.

With a workforce of over 300 poll workers, Dougherty County has filled positions for all 26 precincts.

Election offices across the country have spent weeks trying to make sure their precincts weren’t short-staffed and overwhelmed on election day. Just over a month before the general election, the Dougherty County Elections Office is now training a full staff.

“I came back and we had 100 applicants that had applied through Dougherty county human resources. We’ve also been receiving from various organizations, individuals that have stated they are also willing to work there,” Ginger Nickerson, Dougherty County Election Office Supervisor, said.

Right after Labor Day, they stopped taking applications. A total of 300 workers is the right amount to fill all of the positions within all 26 precincts, which will ensure that all aspects of the voting process are taken care of.

“It’s important because the process requires people. There are so many steps of course, by law, we need individuals to assist our voters as they come in, to ensure that the voter knows that their ballot is being counted,” Nickerson said.

A middle Georgia jury awarded $60,000 to a transgender plaintiff who sued Houston County over workplace allegations, according to the Macon Telegraph.

Sgt. Anna Lange filed a civil suit against Houston County and Sheriff Cullen Talton in the U.S. District Court in Macon in 2019, asking for the county to pay for out-of-pocket medical expenses she incurred after Houston County excluded gender-confirmation surgery from its health insurance plan, as well as attorneys’ fees and damages.

The trial began Monday, and the jury had ruled in Lange’s favor by Tuesday afternoon.

“This is yet one more example of an employer violating the law by discriminating against transgender people, and the courts holding them to account for it,” said attorney David Brown, the legal director of the Transgender Legal Defense & Education Fund who worked as part of Lange’s legal team. “And so I think it’s yet one more very loud and clear message to other people who seek to discriminate against transgender folks that it won’t be tolerated.”

In June, U.S. District Court Judge Marc Treadwell ruled that Houston County’s refusal to cover Lange’s treatments violated the Civil Rights Act of 1964 and found it undisputed that Lange’s surgery was medically necessary.

In 2019, Lange asked county commissioners to include treatment for gender dysphoria to the county’s insurance coverage. The commissioners denied the request. Brown said Houston County spent almost $1 million defending against the civil suit.

The AJC looks at the candidates for Attorney General, a position held by Republican Chris Carr.

Attorney General Chris Carr, a Republican from Dunwoody, is seeking his second full term as the state’s top lawyer. He was first appointed by then-Gov. Nathan Deal in 2016 and won his first full term in 2018.

Carr has focused his campaign on “protecting lives, protecting livelihoods and protecting liberty,” a slight twist on the “lives and livelihoods” political talking point often used by Republican Gov. Brian Kemp.

State Sen. Jen Jordan, a Democrat from Sandy Springs, is challenging the incumbent because she said he has spent more time pushing partisan politics instead of prioritizing the needs of Georgians. She said if elected, the first thing she would do is create a voting rights division within the attorney general’s office.

A recent poll of likely voters by The Atlanta Journal-Constitution found that Carr received support from almost 45% of those polled. Jordan trailed by 10 percentage points, getting support from about 35%. Cowen received support from a little more than 5%. The rest of the respondents were undecided.

Ocmulgee Superior Courts Chief Judge Brenda Holbert Trammell ruled against part of an economic development package for Rivian, according to the AJC.

If the ruling survives a likely appeal, it would not only disrupt the Rivian project, but could provide a pathway for residents in other parts of the state to challenge controversial local property tax breaks to corporations and developers. The ruling is likely to send shockwaves through Georgia economic development circles, which use incentives known as tax abatements to woo industry and new development.

Ocmulgee Superior Courts Chief Judge Brenda Holbert Trammell ruled a local development authority “failed to establish” that bonds at the center of the Rivian project “are sound, feasible and reasonable.” She further sided with seven residents who challenged the Rivian incentive deal, ruling that the type of land lease negotiated with Rivian is one subject to property taxes.

Trammell also chastised the Joint Development Authority (JDA) of Jasper, Morgan, Newton, and Walton counties for not doing its due diligence to determine whether Rivian is financially viable. The California-based startup reported about $15.5 billion in cash on hand at the end of the second quarter. But the company has lost billions over the past two years as it works to scale up its operations and compete with Tesla and other automakers that are converting to electrified fleets.

During the most recent financial quarter, Rivian reported a net loss of $1.7 billion, and the company’s CEO R.J. Scaringe said he expects higher costs and supply chain issues to widen the company’s losses this year. However, Scaringe said the company expects to meet its production goal of 25,000 vehicles in 2022.

Instead of paying typical property taxes, Rivian and officials with the JDA reached a payment in lieu of taxes agreement or PILOT in which the automaker would pay a reduced tax bill of more than $300 million to local governments and school systems over 25 years.

In a statement, the JDA and the Georgia Department of Economic Development said the agencies were “currently assessing all legal options.”

“As the entire country is looking to revitalize and grow domestic manufacturing, protect American jobs, and secure the country’s economic independence, we are disappointed and respectfully disagree with Judge Trammell’s decision,” the statement read. “This is a transformational project for the people of this community, the State of Georgia, and the United States of America.”

Valdosta City Council amended their alcohol ordinance to allow beer-only sales at non-restaurants, according to the Valdosta Daily Times.

Since 2011, the city’s alcohol ordinance has contained special provisions for “wine only establishments” on a city-wide basis which exempt these venues from the food service requirements that pertain to other establishments that serve alcoholic beverages such as beer or liquor.

In April 2021, the alcohol ordinance was amended to define and add provisions for the Downtown Valdosta Entertainment District, which allow off-premises consumption of alcoholic beverages within the DVED defined area.

“This is something that they feel will attract business to the downtown area. It is something to broaden the possibility of some mixed-use type businesses. I know something that’s been trending is the ax-throwing business, and they mentioned that they would like to serve beer. There is another business that will be opening soon that will have a bowling alley as well as some snacks and they are also interested in serving beer. It is for those types of businesses where it is not just either food and beverage only or something else but a mixture. They have seen this in other cities and they think it might be a good thing for Valdosta,” he said.

Martin reiterated the recommendation is to focus on the downtown and entertainment area rather than open it city-wide. When Councilmember Eric Howard questioned whether this would include liquor, Martin clarified it would be wine only or malt only or wine and malt. It would completely exclude liquor.

Drinking beer and throwing axes sounds safe.