Major violation of Georgia election code

[MGKrebs]

Not sure how many of you have seen this (email) :


Dear Democrats:

The Georgia Republican Party has been illegally sending absentee ballot applications that are attached to political advertising.  Georgia law very clearly states that this is illegal.  And, according to their financial disclosure, the Georgia GOP has been willing to spend at least $140,000 on this illegal activity. 

We need your help.  Please send this to you friends and to your listservs.  Please write letters to your local papers.  Please tell folks that the Georgia Republican Party is obviously using illegal tactics to try and win the election.  They knew they were breaking the law, they did it anyway, and they should be fined substantially.

The following is a letter Bobby Kahn sent October 5, 2004 to the Georgia State Election Board in regards to this serious elections violation by the Georgia Republican Party.



October 5, 2004

The Hon. Cathy Cox
Chair, State Election Board

Mrs. Frances S. Duncan

J. Randolph Evans, Esq.

Mrs. Eunice Mixon

David J. Worley, Esq.


Re:      Major Violation of the Georgia Election Code by the Georgia Republican Party

Dear Members of the Georgia State Elections Board:

It has come to my attention that the Georgia Republican Party has committed a major violation of the Georgia Election Code.  The Augusta Chronicle reported on Saturday, October 2, 2004 that the Georgia Republican Party has sent out a campaign mailing that combines political advertising with an absentee ballot application. 


O.C.G.A. § 21-2-381 (a) (3) clearly makes this mailing illegal.  It states: “No application for an official absentee ballot that is physically attached to a publication that advocates for or against a particular candidate, issue, political party, or political body shall be distributed by any person, entity, or organization.”

Our understanding is that this law was enacted by the General Assembly to specifically outlaw this activity after the Georgia Republican Party sent a similar mailing during the 2000 campaign.  The Georgia Republican Party has specifically and deliberately chosen to ignore that statute.  It is obvious that they will continue to engage in this illegal activity until the State Election Board sends them a message that seeking advantage by violating Georgia election law will not be tolerated.  In fact, after being presented with the law by The Augusta Chronicle, Georgia Republican Party spokesman Marty Klein said they would continue doing this illegal behavior until told otherwise.

Per O.C.G.A. § 21-2-33.1 (a) (2), the State Election Board has the authority to fine the Georgia Republican Party up to $5,000 per violation, and we assert that each piece of mail sent to a voter is a separate violation.  In addition, it is clear from the Georgia Republican Party Financial Disclosure for September 30, 2004, that they are investing heavily in this illegal activity, having spent $123,500 to mail the absentee ballot applications and $18,187 for auto calls regarding their mailing.  This illegal mailing is a major violation of the Election Code, as indicated by both the likely number of pieces sent and its cost.  Since the law was changed so recently as a result of their actions, they knew what they were doing was wrong.  The integrity of our elections and the credibility of State Election Board demand a substantial penalty for this activity.


Thank you.

Sincerely,

Bobby Kahn

Chairman
Democratic Party of Georgia


cc:       Linda W. Beazley
Director of Elections
Office of the Secretary of State

[Gman]

1. Are you saying they budgeted $140K for fines?

If so, that's just what everyone has been saying, they consider fines a cost of doing business. It means the fines are way too small.

[RubyDuby in GA]

2. No, not for fines

but for postage to mail those out. Can you imagine how many they sent if it cost $140K.

Pathetic and disgusting.:puke:

[CottonBear]

3. How many pieces of mail were sent?

Can this number be determined? The fine could be huge. Of course, getting them to pay it would be another problem. It would seem that the Georgia GOP has been taking lessons from the Florida GOP. Consider this: they have only been in power here for four years and look what they have done (and undone). Just think of the harm they could do to our state during the next four years. I am disgusted.

[MGKrebs]

4. Welcome to DU!

We will be very fortunate to unseat them this time around. Let us hope, and WORK HARD to make it happen!

[CottonBear]

5. Thank you for the welcome!

I have been working hard in my community to get my candidates elected. Last week, I was fortunate to be able to meet with Lt. Gov. Mark Taylor and Democratic candidates: John Barrow (12th congressional district), Bob Ellis (9th congressional district), Jane Kidd (GA house district 115, Becky Vaughn (state senate district 46)and Ken Mauldin (district attorney). I've know John Barrow for a number of years. He is, in my opinion, the best chance we have to oust Max Burns. I spoke with him about the comments made about his gay marriage stand here on DU. He can't afford to martyr himself for this cause: he would have no chance of getting elected. The Republicans have used this issue to set a trap for Dmocrats. I encourage all Democrats in the 12th district to vote for John Barrow and against the state gay marriage ban referendum.

If you haven't read about it already, Doug Haines has been charged with simple assault for threatening and frightening a 16 year old girl who was speeding through his intown Athens neighborhood. This is an unfortunate turn of events for Doug and may hurt any future campaign efforts.

Becky Vaughn is a great candidate who stands a pretty good chance of winning over Brian Kemp. If Kemp wins again, it will be almost impossible to unseat him in the future. This is a critical race.

Jane Kidd is running to replace Louise McBee. Jane is the daughter of former Gov. Ernest Vandiver and is the grandniece of Senator Richard Russell. Louise has endorsed Jane.

Bob Ellis is running against Charlie Norwood. Nuff said about that!

[anotherginger]

6. In Athens, too....

I was dissapointed about Barrow's position on gay marraiges, but will vote for him anyway... anyone is better than Burns. I've met Kane Kidd, too, and like her.

There was a good article for Becky Vaughn in the Flagpole... basically it was critical of Kemp.

I have also talked a lot with Ken Mauldin and really like him..... saw a sign for him in my neighborhood this morning (east side).

[CottonBear]

7. Hi anotherginger!

I live on the eastside too. I agree with you: Mauldin is an excellent DA. I served on a grand jury a few years ago. I was really impressed with him and his staff. He deserves a second term.

[MGKrebs]

8. Wow! great work!

I met, and am a supporter of, Barrow, even though I don't live in his district. That is an important race, and winnable. Disappointed by the gay marriage thing, but as you said, sometimes we have to sacrifice a tactical position to gain a strategic one. I hope it doesn't come back to bite him. In any case, I'm confident he will be an excellent Rep.

[newyawker99]

9. Hi CottonBear!!

Welcome to DU!! :toast:

[CottonBear]

10. Thanks for the welcome!

I'm very glad to be here.

[Sinnerman]

11. Massive Vote Fraud in Cherokee County, GA (North Atlanta)

The Problem is in an upscale area called Towne Lake just north of Marietta, GA the republican snobs of the state. the 2002 census reports only 12,400 residents in 2 zip codes 30189 & 30188 but as of 2 weeks ago there were 37,000 absentee application requests for those 2 zips codes. Thats more than 3 times the population

WTF

Would somebody please report this fraud

[Eloriel]

13. Here's where to report it yourself

REPORT VOTING PROBLEMS:

DU's OWN VOTING PROBLEM REPORT FORUM (not official, just informational):
http://www.democraticunderground.com/discuss/duboard.php?az=show_topics&forum=201

Voter Registration Fraud Clearinghouse
http://www.dkosopedia.com/index.php/Voter_Registration_Fraud_Clearinghouse

Vote Watch 2004
http://vote2004.eriposte.com/

Voters Unite
http://www.votersunite.org/electionproblems.asp

BlackBoxVoting.org
http://www.blackboxvoting.org/cgi-bin/dcforum/dcboard.cgi


OTHER PROBLEM STOPPERS:

Help people find their polling places.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x2529236
http://electionimpact.votenet.com/declareyourself/pollboothlocator.cfm

Election Protection Partnership
http://www.electionprotectionvolunteer.org/electionprotection/index.cfm?mktcode=EI001

NO MORE STOLEN ELECTIONS:
Pledge of Action to Stop A Stolen Election
"I remember the stolen presidential election of 2000 and I am willing to take action in 2004 if the election is stolen again. I support efforts to protect the right to vote leading up to and on Election Day, November 2nd. If that right is systematically violated, I pledge to join nationwide protests starting on November 3rd, either in my community, in the states where the fraud occurred, or in Washington DC."
http://www.nov3.us/

Explanation/Commentary by Medea Benjamin:
Stolen Election? This Time Around, Let’s Be Prepared by Medea Benjamin
http://www.commondreams.org/views04/1025-34.htm

After months of traveling from swing state to swing state, I have been astounded by the number of people who are furious with the “war president” George Bush, and have dedicated enormous energy to registering, educating, cajoling, and exhorting people to vote. Californians have invaded Nevada, New Yorkers have flooded into Pennsylvania, folks from Massachusetts have adopted New Hampshire, and here in Florida, there is a deluge of activists from all over the country. These anti-Bush organizers, many of whom have no formal connection with the Democratic Party, will be out in full force on November 2, knocking on doors, chauffeuring voters to the polls and guarding polling places. It is likely that a massive turnout among young people, single women, African Americans, and newly registered and infrequent voters will make Kerry the winner.

The real question is: Will the election be free and fair or will we see a replay of 2000, with voting in key swing states like Florida and Ohio marred by significant fraud? Unfortunately, too many signs are pointing towards a replay of 2000. But this time, there’s a big difference: We’ll be ready!

In November 2000, disenfranchised voters, victims of butterfly ballots and hanging chads, and others angry at the state’s refusal to count every vote spontaneously started to protest. Black ministers were preparing parishioners to engage in non-violent civil disobedience to affirm their voting rights. Unwitting “Jews for Buchanan” were marching on the streets of West Palm Beach demanding a recount. Union reps, civil rights leaders and even Green Party members like myself converged on Florida to join the movement that proclaimed: “Every Vote Counts, Count Every Vote.”

But the leadership of the Democratic Party put the kabosh on our organizing efforts. “This matter will not be determined by rabblerousers in the streets,” they said, “but by professional lawyers in the courts.” We saw the outcome of that strategy: four disastrous years of an unelected president.

Our right to vote is too precious­and precarious--to be left in the hands of lawyers, judges and Democratic Party chiefs. This time around, it’s up to us, the people, to defend our democracy.

-- more --

[klook]

14. There's been huge growth in Cherokee Co. since 2002

Could be there are really that many more residents than the census reported.

[RebelOne]

17. That's very possible.

Cherokee County is growing by leaps and bounds.

[Boredtodeath]

16. Ummm, NOT

Georgia's voter registration numbers for Cherokee County in 2000 are:

Registered Voters: 85,346
Inactive Voters: 12,365
Active Voters: 72,981

While that number is more than half the active voters (and, as such, seems high) your population number is way off.

[kevinam]

18. actually...

They were referring to just two zip codes, not the entire county. I think there are 10 total zip codes in Cherokee county.
Kevin.

[Laelth]

12. Let's see ...

How many letters can you send for $123,500.00? Even if each letter cost a ridiculous $1.00 each, that's 123,500 letters. At a $5,000.00 fine per violation it looks like the Republican Party of Georgia would owe the state a whopping $617,500,000.00. Hmm ...

We'll take it!

:dem:

-Laelth

[doni_georgia]

15. Yes I know my husband and I EACH got one. I posted here on DU

but post sunk like a rock. I was outraged. I wrote an email to the SOS office, but got no reply.