Fresh Loaf

Are we dreaming? The political newsletter/polling firm InsiderAdvantage has posted an editorial that suggests … well, I’ll let you guess that from the headline: “Is Karen Handel Georgia’s Version of Katherine Harris?”

The post begins by hinting that the GOP secretary of state – and presumed 2010 gubernatorial candidate – is damaging her reputation with decisions that seem based on partisan politics. But then it takes a detour, arguing that Handel’s recent decision not to expand early voting hours will hurt Republicans:

Note to Karen: GOP voters vote before work – impossible given the current lines – or after work – sorry, parking lot full; skip the vote. As it stands, her unwillingness to extend voting hours will guarantee big problems for McCain and Chambliss.

The message seems a bit muddled, but this much is clear: We’re not the only ones who seem concerned that Handel has improperly politicized her office, an issue I wrote about last week.

I called over to see who wrote the editorial – it was unsigned – but haven’t found out yet.

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The state Supreme Court unanimously ruled today that Public Service Commission Democratic nominee Jim Powell can stay on the ballot.

UPDATE: Grift has some discussion on his site about the ruling, plus the actual opinion. You can also download it here.

Here is the release from the court:

STATE SUPREME COURT AFFIRMS POWELL’S RUN FOR PSC

Atlanta, Oct. 30, 2008 – The Supreme Court of Georgia today upheld James R. Powell’s right to run in Tuesday’s election for a seat on the Public Service Commission.

Secretary of State Karen Handel had appealed a Fulton County Superior Court ruling that sided with Powell and overturned her decision finding Powell ineligible to run based on where he lived. In June 2008, Handel first challenged Powell’s qualifications a month after he filed his intent to run as a Democrat against Republican Lauren McDonald for the PSC District 4 post. She argued that a homestead exemption Powell had on his Cobb County property established an irrefutable presumption of legal residence and proved Powell did not live in the North Georgia district he seeks to represent. In her appeal, Handel argued that under state law, the trial court should have given deference to her interpretation of the law on residency that she is in charge of enforcing.

But in today’s unanimous decision, written by Justice Robert Benham, the Supreme Court disagrees. “It is the role of the judicial branch to interpret the statutes enacted by the legislative branch and enforced by the executive branch…, and administrative rulings will be adopted only when they conform to the meaning which the court deems should properly be given,” 8-page opinion says. The facts of the case are not in dispute, merely the interpretation of the law, the opinion points out.

In 2006, Powell purchased a second home in Towns County, which is in District 4. In 2007, he attempted unsuccessfully to transfer his homestead exemption from Cobb to Towns County, but he missed the filing deadline. Evidence shows Powell spends more than 60 percent of his time in Towns County, where he has voted three times, attends church and pays taxes.

The residency law, which is Section 21-2-217 in the Official Code of Georgia, lists 15 rules for determining a candidate’s legal residence. At least seven apply to Powell, the Supreme Court has found, “but the Secretary’s decision did not take into account any of the applicable rules other than the homestead exemption rule.”

“We agree with the superior court that the Secretary committed an error of law that authorizes reversal of the Secretary’s decision,” today’s opinion says.

More to come.

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I don’t know what it’s like in Bainbridge or Waycross, but the lines for early voting around metro Atlanta have been crazy long. Down at the Fulton guvment building, the minimum wait runs about two hours, but it’s been worse in the ‘burbs. On Monday, Norcross voters stood in line for six hours, while some unlucky Clayton County residents had to wait up to 12 hours to cast their ballot! (I just realized the term “unlucky Clayton County resident” is probably redundant.)

In light of all the long lines, Jane Kidd, chairwoman of Georgia Democratic Party, has asked Secretary of State Karen Handel to call for an extension of poll hours across the state. She writes:

I urge you to contact the Department of Justice immediately and request clearance to keep the polls open longer during the week and over the weekend, as well as on Monday, Nov. 3.

Currently, state law does not allow for weekend voting or for polls to be open after 7 p.m.. And no doubt you’ve heard that, because of the 1965 Voting Rights Act, Georgia’s Election Division can’t take a dump — legally speaking — without first checking with the feds. So there are some practical hurdles to carrying out Kidd’s suggestion.

But even if there weren’t, what are the chances that our Republican Secretary of State would jump to follow a recommendation offered by the Democratic Party head? How ’bout a Republican Secretary of State whose top priority appears to be keeping Georgians away from the polls?

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Georgia Secretary of State Karen Handel got her hand slapped a few hours ago by a three-judge court that decided her efforts to challenge the citizenship of registered voters violated the 1964 Voting Rights Act.

Specifically, the federal judges decided that Handel’s office should have gotten approval from the U.S. Department of Justice before submitting voters names to be checked against the Social Security Administration database. Because she didn’t do so, those voters whose citizenship has been questioned – about 4,500 people – will be allowed to cast a paper ballot on Nov. 4. The court further ordered Handel’s office to notify these “flagged” voters of their right to vote on Election Day.

The ruling came in response to a lawsuit brought by the ACLU and other groups on behalf of a Cherokee County man whose voting eligibility had been challenged by Handel’s office even though he became a U.S. citizen last fall.

(more…)

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U.S. Senate Democratic nominee Jim Martin is touring Georgia in a final push to convince undecided voters. Today, Martin and Public Service Commission Democratic nominee Jim Powell make several stops during the former state lawmaker’s “Road to Change” bus tour.

After the jump, the full list of stops.

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For you political junkies out there **cough**Grift, sara**cough**, here’s the state Supreme Court case summary of the Jim Powell and Georgia Secretary of State Karen Handel residency slugfest. These excellent write-ups are penned by Jane Hansen, the court’s public information officer. She’s a former AJC reporter and two-time Pulitzer Prize finalist.

Monday, October 20, 2008

10:00 A.M. Session

HANDEL V. POWELL (S09A0074)

This appeal stems from a dispute between Secretary of State Karen Handel and James R. Powell, who is running for a seat on the Public Service Commission. Handel is appealing a Fulton County Superior Court ruling that sided with Powell, overturning Handel’s decision that Powell was ineligible to run based on his residency. The Supreme Court agreed to expedite oral arguments in the case.

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A source sends word that the Georgia Supreme Court will hear arguments in the Jim Powell residency kerfuffle on Monday, Oct. 20 at 10 a.m.

Georgia Secretary of State Karen Handel started fighting Powell — the Democratic nominee for the Public Service Commission’s Northern District — shortly before the primary. Even with that cloud hanging over the race, Powell still walked away with 85 percent of the vote. The nominee’s had a tough time raising funds and campaigning because of the legal challenges, but he’s pushed on regardless. (To read CL’s coverage, click here.) No telling if the justices will issue a ruling before the Nov. 4 General Election.

Powell faces Republican nominee Lauren “Bubba” McDonald and Libertarian Party nominee Brandon Givens.

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In response to a lawsuit filed today against Georgia Secretary of State Karen Handel alleging that the voting rights of a Cherokee County man have been violated, Congressman John Lewis — a leader of the voting-rights battle of the 1960s — released the following statement:

“Georgia is not the only state where questions are mounting.  In Ohio and in Florida and other states around the country it seems that obstacles are being created to keep citizens from participating in this election.

“I think there is a deliberate, systematic effort to depress the turn out of African American, Latino and other minority voters on November 4th. This is harassment.  It is intimidation, and it places an undue burden on some citizens.  Who decides, based on what standards, which 2 million voters deserve greater scrutiny than any others?  I think these actions violate both the letter and the spirit of the Voting Rights Act.  They should be pursued by voting rights groups and the Department of Justice with all deliberate speed so we can make the way clear for registered voters to freely exercise their constitutional rights.”

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This is the last time I’ll hector you about it. But if you haven’t yet registered to vote, you have until the end of today to do so at a local registrar’s office or mail in your application.

And to brighten your Monday morning, view the latest early voting statistics after the jump. According to Georgia Secretary of State Karen Handel’s office, 263,408 people have taken advantage of absentee and in-person early voting ballots. African Americans, historically a key demographic for Democrats, have thus far cast 37 percent of those. DeKalb County leads the pack with 28,639 early voters. Fulton and Gwinnett Counties follow with 19,589 and 14,966 ballots cast, respectively.

Handel says she hopes 1 million of Georgia’s 5.5 million registered voters visit the polls before Nov. 4. Help her out and save yourself a headache — find your nearest early voting location here.

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When you’re sitting at the breakfast table Sunday morning, reading Ranger Rick and writing out your weekly to-do list, be sure the first thing you jot on there is “register to vote.” Monday is the deadline. Don’t miss it.

Also, it needs to be noted: Just got off the phone with Matthew Carrothers of Georgia Secretary of State Karen Handel’s office. He wanted to clear up the confustion about Wednesday’s post about people who haven’t voted in the last three years getting dropped from voting rolls.

“The issue of not having any contact with your county board of elections or registrars’ office [affecting your voting status] is completely false. You’re not removed from the voting rolls at all. If you have any questions about your voting status, please check with your county registrars’ office or check online at the Secretary of State’s website.”

I’m going to hammer this home and say it again and again. Check to be sure you’re registered. If your status is listed as “inactive,” you need not worry. Carrothers says that’s a coding mechanism required by law and after voting in this election, your status will be updated. (He says Debra was correct in the comments.)

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The AJC adds some details to Wednesday’s Fresh Loaf post about voters who’ve been purged from registration lists.

The state regularly removes the names of voters who have died, committed felonies or relocated. But critics say qualified voters like Coxwell, who temporarily moved to another Georgia county, sometimes get expelled in the process.

Just days remain before Monday’s deadline to register to vote and be eligible to vote in the presidential election — or re-register, if necessary. Watchdog groups worry some Georgians might arrive at their precincts only to find their votes will not count if they have been removed from the rolls.

State officials won’t say how many names have been purged from the voter rolls in the past year. Purging is a routine process mandated by law meant to ensure registrars’ records are up to date, thereby reducing the likelihood of ineligible voters casting ballots.

But Helen Butler, executive director of Coalition for the People’s Agenda, has voiced concerns about problems that purging creates. Last year, after 274,000 names were removed from the rolls, Butler criticized elections officials for not doing enough to notify affected voters.

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— As the big debate approaches, is Sarah Palin a sign the apocalypse is upon us? Over at Politits, Dcup wonders how Johnny Mac feels when his running mate is more popular than he is.

— Seeing the latest Katie Couric interview is disturbing. And the lovely Sara at Going Through The Motions makes the case that she’s the more qualified “Sara” to be vice-president because she can actually name some rather well-known Supreme Court cases. Maybe the other Sarah should click through to the list, just to bone up on our country’s history.

— And who wants to bet that the magazines she wouldn’t admit to reading include the National Enquirer and US Weekly? Based on Palin’s lack of reading material, ATLmalcontent hopes that it all turns out to be a bad dream come January.

— Ms. Palin professes to have a gay friend, although his/her identity remains a mystery. But J-Mac did agree to give an interview to a gay magazine, although he dictated that the questions and answers be written out. Can’t ever be too careful, right Mr. “Straight Talk” Express? At Reporter-Cub, there’s links and some analysis.

— As Driftgrift notes, Cynthia McKinney is running for president. No, I’m not kidding. Really and truly. For the Green Party. And based on the video Driftgrift dug up, either it’s the end of the world as we know it or else Cynthia has turned completely psychotic. Dig those bugged-out eyes.

– Going local, Righteous Jackass ponders Karen Handel, who used op-ed space in the AJC to make a vow to protect the integrity of the November elections and yet fights to limit the number of people who actually can vote. It’s the idea of the elite democracy, he says, where only a few are smart enough to lead the rest of us.

— And, finally, going even more local, the fine ladies at Pecanne Log discuss CL’s bankruptcy and stake out their vision for what the paper should be in the future.

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Monday, Oct. 6 is the last day to register to vote. And if you think you’re already registered but haven’t cast a ballot in the last three years, you may be turned away when you try to exercise your right.

There are murmurs that some folks who, after visiting Georgia Secretary of State Karen Handel’s website to see if they’re registered, are told they’re not, and this is one of the reasons listed as why:

You have not had written contact with your board of registrars office within the last 3 years (which includes voting, change of address, updated voter registration application), which would cause your name to be removed from the voter rolls.

Emphasis added. So if you haven’t voted in the last three years — or you’ve been a bad citizen and not written a letter to your dear old friend Karen Handel — you may not be eligible to cast a ballot.

Don’t let that happen to you when you go to vote. Double check your registration status here. It takes less than a minute. Literally. (I found out I’m still registered in Cobb County, so I’ve got to fix that mess.) Tell your friends to do the same. If your status is not listed as “ACTIVE,” contact or visit your local registration office or the secretary of state. You can download a registration application here.

Don’t let one of the most politically exciting times in your life be screwed up by bureaucratic bullshit. You’ve got until Monday, Oct. 6.

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Andre Walker at Georgia Politics Unfiltered reports that three former opponents of Ralph Long, the Democrat who won the state representative district that includes Atlanta, have filed a residency challenge against him with Georgia Secretary of State Karen Handel. Long does not face a Republican challenger in the general election and is therefore the presumptive state Representative-elect.

Paul Lockhart, Tony McCann, and Keisha Waites –who came in 5th, 6th and 2nd in the July 15th Democratic primary respectively [Source: Georgia Secretary of State, Georgia Election Results, July 22, 2008]– claim that Ralph Long “will not have met the Constitutional and Statutory residency requirements for the office of State Representative” and that by claiming to live in the 61st district, Long “intentionally deceived and defrauded the voters of the 61st District.”

The residency challenge also alleges that Long never claimed homestead exemption for his residence and that he did not reside in Georgia for one year prior to his candidacy. The challenge says that based on utility bills, Long was actually living in an apartment in Washington, D.C.

If the challenge to Ralph Long’s residency is successful, it’s expected that a special Democratic primary will be held to fill the vacancy on the Democratic ticket.

To view the residency challenge, click here.

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Jim Powell, the Public Service Commission candidate who’s been both campaigning for a seat on the powerful agency and fighting a residency challenge through Georgia’s legal system, will get his day in state Supreme Court.

The candidate, a former U.S. Department of Energy official, says the court has denied Georgia Secretary of State Karen Handel’s request to send the case back to the Court of Appeals and have placed it on the calendar for November. (I think it’s safe to say they’d hear the case prior to election day on Nov. 4 — it’s early and I’m awaiting confirmation from the court’s spokesperson.)

Powell’s fought a long battle so far. He first faced a residency challenge posed by Bob Indech, his opponent in the July 15 primary. After Powell cleared that obstacle, Handel booted him from the ballot in an eleventh-hour decision. A Fulton County Superior Court judge granted him a stay the day before the primary and he went on to trump Indech 85-15. Since then, it’s been a game of legal ping pong between Powell and the state’s guardian of the polling place. The state’s highest court is where the back-and-forth must end.

“It’s hurting me,” Powell says when asked of the legal battle’s impact. “It’s obviously been a distraction. The biggest disadvantage is in fundraising.”

Distractions aside, he says he’s continuing his campaign. Today’s schedule is nothing but fundraising meetings and phone calls.

To read CL’s ongoing coverage of the Battle of Powell©, click here.

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Some of the state’s top Republicans are getting together at 11:00 A.M. on Saturday, September 13 at the Renaissance Waverly in Cobb County for a McCain-Palin “Countdown To Victory Rally.”

Neither Sen. John McCain nor Gov. Sarah Palin will be there, but state GOP stalwarts Gov. Sonny Perdue, Sen. Saxby Chambliss, Sen. Johnny Isakson, Secretary of State Karen Handel, School Superintendent Kathy “Smarter than a 5th Grader” Cox, Rep. Tom Price, Rep. Phil Gingrey and state GOP chairwoman Sue Everhart are scheduled to appear.

Conspicuously absent from the bill is Rep. Lynn Westmoreland. Perhaps the Renaissance Waverly is too uppity for him.

Contact georgia@johnmccain.com for details.

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