Opinion
Mara Gay
America
Needs Georgia Republicans to Defend Democracy Again
Aug. 29,
2024, 3:01 p.m. ET
Mara Gay
By Mara Gay
Ms. Gay is a
member of the editorial board.
https://www.nytimes.com/2024/08/29/opinion/georgia-election-board-certification.html
Four years
ago, it was a Republican official in Georgia, Secretary of State Brad
Raffensperger, whose refusal to cooperate with Donald Trump’s attempts to
overturn the 2020 presidential election by trying to “find” 11,780 votes helped
ensure the integrity of the state’s results, and democracy itself.
This year,
Georgia Republicans — Gov. Brian Kemp, State Attorney General Christopher Carr
and Secretary of State Raffensperger — must defend democracy again. Far-right
elements within their own party have gained control of the State Election Board
and could make it impossible to hold a free and fair election unless other
Republicans stop them.
Mr. Kemp,
Mr. Carr and Mr. Raffensperger can demonstrate their mettle by standing up to
the MAGA-captured elections board, which enacted rules several weeks ago that
would allow county officials to delay election certification. Those rules,
which contradict state law, could provide an opportunity for Trump-friendly
officials across Georgia’s 159 counties to ensnare election results in legal
challenges, disenfranchise voters and, possibly, undermine a Democratic victory
in a close election.
Georgia
Democrats have filed suit against the State Election Board, a complaint the
Kamala Harris campaign has supported. Democrats in the state have also filed an
ethics complaint against the three board members who enacted the rules, and
they have asked Mr. Kemp to remove those members from the board. He should do
so.
Mr. Kemp,
Mr. Carr and Mr. Raffensperger have signaled they are prepared to protect the
state’s election. Mr. Raffensperger said on X on Aug. 7 that state election law
requires counties to certify the election results by Nov. 12. “We fully
anticipate that counties will follow the law,” he wrote. This suggests he views
the rules from the rogue State Election Board as illegitimate and will say so
publicly.
Officials in
the governor’s office have said they are seeking counsel from the state
attorney general to determine whether the governor has the authority to address
the ethics complaints. A spokeswoman for Mr. Carr noted that he refused to
comply with an unrelated demand from the State Election Board this summer to
open a new investigation into the 2020 election in Fulton County, where large
Democratic turnout led Joe Biden to win the state. Hopefully, this is a sign
that Mr. Carr would use the powers of his office to reject other outrageous
behavior by the board.
Governor
Kemp and the state’s other leading Republicans can do more. They can, for
example, publicly instruct all local election boards to certify election
results according to Georgia law, rather than the rules of the rogue State
Election Board. They could also examine whether the board members who issued
the new certification rules — Janice Johnston, Janelle King and Rick Jeffares —
violated the law by doing so.
Mr. Kemp
continues to support Mr. Trump’s bid for election and is expected to headline a
fund-raising event for the former president in Atlanta on Thursday. But he, Mr.
Carr and Mr. Raffensperger have all at various points shown a willingness to
stand up to Mr. Trump and his allies when democracy was at stake.
Georgia
voters are asking them to do so again.
“They pound
on tables and shout real loud when warning voters or registration organizations
that they will be prosecuted if they violate the law,” Cliff Albright, a
co-founder and the executive director of the nonpartisan Black Voters Matter
Fund, told me. “They need to be just as loud at warning these county boards of
elections that there will be consequences if they violate the certification
process.”
They can
look to the political courage of Anita Tucker, an elections official in Forsyth
County who has helped prevent thousands of lawfully registered voters from
being stricken from the state’s rolls. Laws enacted since 2020 have made it
easy for people in Georgia to repeatedly challenge the voting rights of their
own neighbors. Ms. Tucker has fought to preserve those rights and said she has
sometimes been menaced by activists confronting her in person to angrily ask
her why she is refusing to strike voters from the rolls.
Although Mr.
Trump won Forsyth County by more than 30 percentage points in 2020, the county,
a once whites-only Atlanta suburb, has become more racially diverse, and
politically competitive, in recent decades. That shift has made it a prime
target for activists looking to challenge voters. Ms. Tucker, a Democrat, this
week added her name to the lawsuit against the State Elections Board. “Am I
afraid? Yes,” Ms. Tucker told me in a phone interview. But, she added, “the
oath that I took says that I am going to make sure that every eligible voter
has the right to vote.”
To protect
its elections, Georgia needs a coalition of Republicans, Democrats and voting
rights groups who are all committed to democracy. Companies like Coca-Cola and
Delta Air Lines, which are headquartered in Atlanta, could also add their
voices, as some have done before.
Mr. Kemp in
particular has a responsibility to safeguard this election. It was he who
signed into law the legislation that has made these chilling assaults on
Georgia’s democracy possible. One of those bills, SB202, enabled mass voter
challenges, reduced access to voting by drop box in Atlanta, the most populous
area of the state, and made it illegal for those who aren’t poll workers to
provide water and food to voters waiting in line. The legislation also led to
the removal of Mr. Raffensperger from the role of chair on the State Election
Board. The law allowed the Republican-controlled state legislature to appoint
election deniers and extremists to the body charged with making the rules of
the state’s elections.
The campaign
to undermine democracy by targeting the certification of elections is not
unique to Georgia. In the months after the 2020 election, fake electors in
seven states, including Michigan and Nevada, wrongfully claimed Mr. Trump won
the election. Preventing the election from being certified was the focus of the
mob that took over the U.S. Capitol on Jan. 6, 2021.
But in
Georgia, the fight over certification rules is part of a rich history of voter
suppression. In the Jim Crow era, Georgia officials were adept at using the
state’s bureaucracy to limit competition and participation by Black voters as
well as others who posed a threat to their political dominance, noted Robert
Mickey, a political scientist at the University of Michigan. One example is the
successful campaign by Gov. Eugene Talmadge to get the state legislature to
pass a law requiring all Georgia voters to register again. Mr. Talmadge had
been alarmed by increases in Black voter registration after the U.S. Supreme
Court banned all-white Democratic primaries in 1944. As a result, more than 1.2
million Americans were removed from voter rolls in the state.
Mr. Mickey
said diverting authority to Georgia’s 159 counties, as the election board is
trying to do now, was another common tactic under Jim Crow. “Decentralization —
having to go one county at a time to desegregate schools, register voters —
places a huge burden on pro-democratic forces,” he said.
More than a
half-century later, Mr. Kemp, Mr. Carr and Mr. Raffensperger have an
opportunity to show America just how much Georgia has changed.
Mara Gay is
a member of the editorial board. @MaraGay
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