More stories

  • in

    Two Georgia Republicans Censure Gov. Kemp and Raffensperger

    The actions were driven by anger over the governor’s refusal to overturn the state’s 2020 primary results in favor of Trump.Republican Party officials in two deeply conservative counties voted to censure Gov. Brian Kemp and two other top party leaders in recent days, a sign that the Georgia governor continues to face grass-roots opposition from loyalists to former President Donald J. Trump, and the possibility of a primary challenge next year.In Whitfield county, in the northwest corner of the state, Republican officials unanimously voted to condemn Mr. Kemp, saying he “did nothing” to help Mr. Trump after the November election.“Because of Kemp’s betrayal of President Trump and his high unpopularity with the Trump GOP base, Kemp could end up costing the GOP the governor’s mansion because many Trump supporters have pledged not to vote for Kemp under any circumstances,” reads the resolution, which was adopted by acclimation.A similar resolution was adopted in Murray County, also in northern Georgia, by a nearly unanimous vote. It was opposed by only three of the dozens of members in attendance. Both counties also voted to censure Lt. Gov. Geoff Duncan and Secretary of State Brad Raffensperger.The resolutions hold no binding power over elected officials. Rather, party officials say their resolutions were intended to send a message to Mr. Kemp and other Republican lawmakers that their jobs may be in jeopardy.“I’d vote for Mickey Mouse before I would Kemp,” said Tony Abernathy, chairman of the Murray County Republican Party. “I know what I’ve got with Mickey Mouse. A RINO is useless.” RINO is the dismissive acronym for Republican in Name Only.After infuriating Mr. Trump by resisting his demands to overturn the state’s election results, Mr. Kemp has faced months of attacks, protests and opposition from his party’s base. Mr. Trump encouraged Republicans to retaliate by sending a hard-right loyalist to oppose Mr. Kemp in the primary next year.Mr. Kemp and his aides saw a path to redemption within the party in the controversial election bill that the legislature passed last month, which the governor has forcefully defended in dozens of public appearances even as the new law adds new limits to the right to vote in Georgia.Other resolutions adopted by the counties supported a bill passed in the Republican-controlled Statehouse stripping Delta of a $35 million jet fuel tax break and urged Georgians to boycott Major League Baseball and “woke companies” that criticized the election law.“The Republican grassroots are angry,” said Debbie Dooley, a conservative activist, who helped distribute drafts of the resolutions and encouraged Trump supporters to attend the local meetings. “These resolutions will let Gov. Kemp, Lt. Gov. Duncan and Secretary of State Raffensperger know we’re going to work against them in the Republican primary next year.” More

  • in

    How Georgia's New Law Risks Making Election Subversion Easier

    A reminder from a January phone call that the reform bill by congressional Democrats may not have the proper protections.What would have happened if the Georgia secretary of state, Brad Raffensperger, had responded, “OK, I’ll try,” in a January phone call after President Trump asked him to “find” 11,000 votes?No one can be sure. What is clear is that the question has been overlooked in recent months. Public attention has mostly moved on from Mr. Trump’s bid to overturn the election; activists and politicians are focused more on whether to restrict or expand voting access, particularly by mail.But trying to reverse an election result without credible evidence of widespread fraud is an act of a different magnitude than narrowing access. A successful effort to subvert an election would pose grave and fundamental risks to democracy, risking political violence and secessionism.Beyond any provisions on voting itself, the new Georgia election law risks making election subversion easier. It creates new avenues for partisan interference in election administration. This includes allowing the state elections board, now newly controlled by appointees of the Republican State Legislature, to appoint a single person to take control of typically bipartisan county election boards, which have important power over vote counting and voter eligibility.The law also gives the Legislature the authority to appoint the chair of the state election board and two more of its five voting members, allowing it to appoint a majority of the board. It strips the secretary of state of the chair and a vote.Even without this law, there would still be a risk of election subversion: Election officials and administrators all over the country possess important powers, including certification of election results, that could be abused in pursuit of partisan gain. And it’s a risk that H.R. 1, the reform bill congressional Democrats are pushing, does relatively little to address.The new Georgia law does not inherently make it easier to “find” 11,000 votes. Almost all of the powers that the Legislature might use already existed — they were just vested in other people or bodies. They could have been abused before and could be in the future, regardless of the new law.And the law has eligibility requirements for a chair that exclude many of the sort of people who would seem likeliest to abuse their authority, including anyone who has been a political candidate, campaign contributor or party organizer in the two years before the appointment. This is not guaranteed to preclude a rabid partisan leading the board, but no such checks had existed on the secretary of state. (Mr. Raffensperger, a Republican, previously served in the Georgia House of Representatives.)The law takes power from the very person, Mr. Raffensperger, who a mere three months ago rebuffed Mr. Trump’s plea to find 11,000 votes. State legislators demoted Mr. Raffensperger for a reason: Many were probably sympathetic to Mr. Trump’s allegations. And if the Legislature had a problem with how Mr. Raffensperger handled the 2020 election, it is reasonable to wonder whether it might have supported board members aggressively backing the claims advanced by Mr. Trump.Can state boards, county boards or anyone else use their administrative powers to flip electoral outcomes? After the November election, a majority of Republican members of Congress and state attorneys general signed on to efforts that would have invalidated millions of votes and brought about a constitutional crisis. With that backdrop, it seems naïve to assume that no one would try to abuse such power, whether in Georgia or elsewhere.It’s worth going back to Mr. Trump’s infamous call. While the oft-quoted line about “finding” votes makes it sound as if he wanted Mr. Raffensperger to manufacture votes out of thin air, Mr. Trump said he had already found the votes, in the form of thousands of ballots he said were cast illegally:“We have all the votes we need. You know, we won the state. If you took, these are the most minimal numbers, the numbers that I gave you, those are numbers that are certified, your absentee ballots sent to vacant addresses, your out-of-state voters, 4,925. You know when you add them up, it’s many more times, it’s many times the 11,779 number.”In addition to the 4,925 out-of-state voters mentioned, Mr. Trump baselessly asserted in the call that there were hundreds of thousands of absentee ballots with forged signatures. He alleged, based on imperfect matches between lists of voters, that there were 4,502 voters who voted but weren’t registered; 18,325 voters with vacant addresses; 904 voters who voted only with a P.O. box address; and nearly 5,000 votes by dead people. And with virtually no evidence whosever, he alleged great malfeasance in Atlanta’s Fulton County, including 18,000 votes having to do with someone who did something nefarious and “3,000 pounds” of shredded ballots.County and state election officials hold a variety of powers relevant to such claims. They evaluate whether to accept or reject ballots, and they certify results. In Georgia, they hear eligibility challenges. It would have been hard to employ these powers to aid Mr. Trump, let alone to survive a subsequent court challenge. But there are levers that they could have at least tried to pull, even if it’s not clear what would have come of it.One option is that the state board could have usurped the power of Fulton County, based on the president’s allegations in the general election and other allegations from the primary (the law requires evidence of failed administration in at least two elections over the prior two years). The state board could have either used the president’s allegations as a basis to refuse to certify the result or to disqualify otherwise eligible voters.It would be hard or even impossible to pull this off immediately after an election. The law requires a fairly drawn-out hearing process before the state can interfere in county elections. The preliminary hearing can’t be held for at least 30 days after an initial petition, which is after the Georgia certification deadline. But perhaps a nefarious board could lay the groundwork earlier, potentially putting a newly appointed superintendent in control before the elections, when he or she would have the ability to pre-emptively disqualify voters and ballots.County election boards heard similar kinds of challenges to voter eligibility during the Georgia runoff. The state Republican Party and a Texas group challenged the eligibility of hundreds of thousands of voters in December, based on whether a voter appeared to match someone on the Postal Service list of people in the National Change of Address Registry. A few small counties actually went through with trying to invalidate voters on this basis.This eligibility challenge was rejected by the U.S. District Court Judge Leslie Abrams Gardner, who happens to be the sister of Stacey Abrams, who narrowly lost the 2018 governor’s race in Georgia to Brian Kemp. But although the eligibility challenge faltered in the runoff, it is not obvious that ironclad protections exist against eligibility challenges, either as a matter of court precedent or federal law. A narrower challenge could have had a better chance of surviving a court challenge. And the new Georgia law makes these kinds of challenges easier, by allowing a single person to challenge the eligibility of an unlimited number of voters.Another option to thwart an election might be to stop certification. The new Georgia law does not do much to make it easier to block certification, as the secretary of state — not the board or the Legislature — still certifies results statewide.But county election boards, including in Georgia, generally certify their election results, which the secretary of state then certifies statewide. Mr. Trump tried to thwart efforts to certify the results certification, turning routine hearings into televised events. In the end, Mr. Trump’s effort failed. Election officials overwhelmingly acted to preserve the integrity of the election, despite immense political pressure to act. Even so, the president did manage to persuade a handful of officials to vote against certification on dubious grounds.If secretaries of state had not certified election results, whether in Georgia or elsewhere, it might have plunged the country into crisis with uncertain consequences. It is not unreasonable to wonder whether there’s a chance of something similar occurring in the future, given how many House Republicans refused to certify the electoral count.Election administrators may have other options to undermine elections, besides disqualifying ballots and voters or decertifying the results, either in Georgia or in other states.All of this represents an obvious threat to American democracy. And yet the risk of election subversion has been overshadowed by the fight over new restrictions on voting, especially by mail. Progressives have been concerned about these kinds of restrictions for years, and the reform bill H.R. 1 was written in part as a response. But since the law was mainly devised before the 2020 election, its provisions don’t directly address the new risk that election officials could subvert election results. There’s no provision, for instance, requiring nonpartisan administration or certification of federal elections.H.R. 1 does have provisions that would indirectly limit the options available to actors who might try to subvert elections. One notable example is a provision against voter caging, which precludes eligibility challenges based on matched lists, like the change of address notification challenge attempted in December. It also includes provisions that ensure basic election administration, like requiring that people don’t wait in line longer than 30 minutes.But with the main focus of the proposed law being to improve democracy, by expanding voting access and more, it is not at all obvious whether H.R. 1 amounts to a comprehensive effort to protect democracy. And even if it does have the protections it needs, the risk of election subversion has received such little attention that relevant provisions might not be included in a slimmed-down bill. Those provisions have not been mentioned in most proposals for a narrower bill. More

  • in

    Republicans Aim to Seize More Power Over How Elections Are Run

    G.O.P. lawmakers in at least eight states controlled by the party are trying to gain broad influence over the mechanics of voting, in an effort that could further undermine the country’s democratic norms.In the turbulent aftermath of the 2020 presidential contest, election officials in Georgia, from the secretary of state’s office down to county boards, found themselves in a wholly unexpected position: They had to act as one of the last lines of defense against an onslaught of efforts by a sitting president and his influential allies to overturn the will of the voters.Now state Republicans are trying to strip these officials of their power.Buried in an avalanche of voting restrictions currently moving through the Georgia Statehouse are measures that would give G.O.P. lawmakers wide-ranging influence over the mechanics of voting and fundamentally alter the state’s governance of elections. The bill, which could clear the House as soon as Thursday and is likely to be passed by the Senate next week, would allow state lawmakers to seize control of county election boards and erode the power of the secretary of state’s office.“It’s looking at total control of the election process by elected officials, which is not what it should be,” said Helen Butler, a Democratic county board of elections member. “It’s all about turnout and trying to retain power.”It’s not just Georgia. In Arizona, Republicans are pushing for control over the rules of the state’s elections. In Iowa, the G.O.P. has installed harsh new criminal penalties for county election officials who enact emergency voting rules. In Tennessee, a Republican legislator is trying to remove a sitting judge who ruled against the party in an election case.Nationwide, Republican lawmakers in at least eight states controlled by the party are angling to pry power over elections from secretaries of state, governors and nonpartisan election boards.The maneuvers risk adding an overtly partisan skew to how electoral decisions are made each year, threatening the fairness that is the bedrock of American democracy. The push is intertwined with Republicans’ extraordinary national drive to make it harder for millions of Americans to vote, with legislative and legal attacks on early voting, absentee balloting and automatic voter registration laws.“Republicans are brazenly trying to seize local and state election authority in an unprecedented power grab,” said Stacey Abrams, the Democratic voting rights advocate who served as the minority leader in the Georgia State House. She said it was “intended to alter election outcomes and remove state and county election officials who refuse to put party above the people.”She added, “Had their grand plan been law in 2020, the numerous attempts by state legislatures to overturn the will of the voters would have succeeded.”As Mr. Trump carried out his pressure campaign to try to overturn the election results in swing states, he found many sympathetic lawmakers willing to go along with him — but he was rebuffed by numerous election officials, as well as state and federal courts.The new legislation across the country would systematically remove the checks that stood in Mr. Trump’s way, injecting new political influence over electors, county election boards and the certification process. In doing so, the Republican effort places a few elected officials who refused to buy into the lies and falsehoods about the election in its cross hairs.One of those officials is Brad Raffensperger, the Republican secretary of state of Georgia, who rebuffed Mr. Trump in the face of mounting pressure to falsely declare the election rife with fraud, despite multiple audits that affirmed the outcome.In Georgia’s new voting bill, the State Legislature is looking to strip Mr. Raffensperger of his role as the chair of the State Election Board and make him an ex-officio member without a vote.Brad Raffensperger, Georgia’s secretary of state, repeatedly rejected Donald J. Trump’s entreaties to help him overturn the election results.Audra Melton for The New York TimesBut perhaps more consequential is Republicans’ targeting of county election boards. If the bill becomes law, the State Election Board, under control of the Legislature, would have more authority over these county boards, including the ability to review and fire their members.“It will give the State Election Board the authority to replace a limited number, it appears, of county election superintendents, and that can be a very partisan tool in the wrong hands,” said David Worley, the sole Democratic member of the five-person state board.The provision has worried Democratic officials in major left-leaning counties like Fulton County, which is home to Atlanta, and Gwinnett County, as well as their surrounding suburbs. They fear that a partisan state board influenced by the Legislature may enact more restrictive policies for their counties, which are home to the majority of the Democratic voters in the state and a large concentration of the state’s Black voters.Jon Greenbaum, the chief counsel for the nonpartisan Lawyers’ Committee for Civil Rights Under Law, said Republicans were engaged in an “all-out effort to change the voting rules in lots of ways that would allow for greater opportunity for them to challenge the eligibility of electors,” and that the party would “add micromanagement by state legislatures to the process of running an election.”State Representative Barry Fleming, a Republican who has been a chief sponsor of the bills in Georgia, did not respond to requests for comment. In a hearing on the bill this month, he defended the provisions, saying, “We as legislators decide how we will actually be elected, because we decide our own boards of elections and those of the counties we are elected from.”Gov. Brian Kemp of Georgia, a Republican, has not weighed in publicly on the changes to election administration and oversight. Asked for comment, his office offered only that he was in favor of “strengthened voter ID protections.”At the local level, at least nine Republican counties in Georgia have passed local legislation since November dissolving their current election boards — often composed of three Republicans and two Democrats — and replacing them with a new membership entirely appointed by the county commissioner, resulting in single-party boards.A new law in Iowa restricting access to voting also targeted county election officials. In addition to barring them from proactively sending out absentee ballot applications, the bill introduced criminal charges for officials who fail to follow the new voting rules.The threat of increased punishment seemed to be directed at three county election officials in the state, who last year chose to mail absentee ballot applications to all registered voters in their counties, drawing the ire of state Republicans.“We can be fined heavily now, removed from office,” said one of those officials, Travis Weipert, the Johnson County auditor. “And instead of just saying, ‘Don’t do it again,’ they brought the hammer down on us.”He joked on Facebook that he would be setting up a GoFundMe page because “I have a pretty good idea which auditors will be fined first.”Election officials checked information on absentee ballot envelopes in Newton, Iowa, in October. A new law in the state restricting access to voting has targeted county election officials. Kathryn Gamble for The New York TimesBobby Kaufmann, the Republican state representative in Iowa who sponsored the voting bill, said the county auditors’ actions were “as much the inspiration for the bill as anything,” pointing to their decisions to mail out ballots with prepopulated information.“There were multiple things that these county auditors did to take the law into their own hands, which is why we put these strict punishments and oversight in for auditors that go beyond the scope of their job,” Mr. Kaufmann said, referring to the auditors who proactively mailed ballots. “That’s the role of the Legislature, not the role of an auditor.”In Arizona, the Republican-controlled Legislature is pursuing multiple paths to tip the scales of election oversight. One bill gives the Legislature the authority to approve the state election manual, an essential planning document that is drawn up every two years by the secretary of state. It had previously been approved by the governor and the attorney general.The effort has been roundly criticized by election officials in the state.“They don’t serve any purpose, except for the Legislature just trying to insert themselves into the process, create obstruction, and say that they did something in the name of election integrity without actually doing anything that does that,” said Katie Hobbs, the Democratic secretary of state in Arizona.Ms. Hobbs, who was the target of many Republican attacks after the 2020 election, said that purely partisan politics were at play in the bills.“The Legislature wasn’t interested in control over elections until I got here and happened to have a ‘D’ by my name,” she said.Michelle Ugenti-Rita, a Republican state senator who has been a sponsor of many of the bills, did not respond to a request for comment.Republicans are also introducing measures to give them more electoral oversight in some states, like Michigan and New Jersey, that have Democratic governors who would most likely veto such bills. In North Carolina, which also has a Democratic governor, Republican legislators have publicly discussed introducing a similar bill, but have not yet done so.Efforts in other states to muddle with the mechanics of elections have gone beyond state legislatures. In Michigan, the state Republican Party has indicated that it is unlikely to ask a G.O.P. member of the State Board of Canvassers who chose to certify last year’s election results to return to his post.That member, Aaron Van Langevelde, sided with the two Democrats on the state board in November, clearing the path for Michigan’s Electoral College votes to be awarded to President Biden.If Mr. Van Langevelde is ousted from the board, election officials in Michigan worry that the state Republican Party may again seek to hold up certification of a statewide election and possibly succeed, regardless of the success and security of the vote.It is nearly assured that almost all of these bills will face legal challenges from Democrats, who have signaled that combating the efforts to restrict voting will be a top priority through both federal legislation and the courts.And Democrats could find a path to challenging some of these laws in deep-red Kansas.That state’s Republican-led Legislature put forward a proposal similar to those in Georgia and Arizona, seeking to limit the authority of the secretary of state to make emergency decisions and provisions for elections. But the Republican secretary of state, Scott Schwab, informed the Legislature that the proposal “could run afoul” of federal voting laws regarding military and overseas voters.The legislation was quickly amended the next day. More

  • in

    Trump Endorses a Loyalist, Jody Hice, for Georgia Secretary of State

    By supporting a challenger to Georgia’s current secretary of state, Brad Raffensperger, the former president signaled that he wants Republicans who opposed his election falsehoods to pay politically.Former President Donald J. Trump on Monday took aim at a Georgia official he considers one of his biggest enemies: Secretary of State Brad Raffensperger, who refused Mr. Trump’s pressure to overturn the state’s election results last year.By endorsing Jody Hice, a Republican congressman, in his bid to unseat Mr. Raffensperger, the former president made his most prominent effort yet to try to punish elected officials who he believes have crossed him. Mr. Raffensperger, a Republican, is among the top targets for Mr. Trump, along with the state’s governor, Brian Kemp.Mr. Raffensperger and other Georgia election officials certified President Biden’s victory after conducting several recounts. They have said the results were fair and accurate, dismissing Mr. Trump’s baseless claims that the election was stolen from him through widespread fraud.In a statement issued shortly after Mr. Hice announced his candidacy for the position on Monday, Mr. Trump praised him as “one of our most outstanding congressmen,” and alluded to his own baseless claims of voter fraud, which he has said deprived him of victory in the state. “Unlike the current Georgia Secretary of State, Jody leads out front with integrity,” Mr. Trump said. “Jody will stop the Fraud and get honesty into our Elections!”The race in Georgia for secretary of state — until the 2020 election a relatively low-profile job across the country — carries outsize implications in the battleground state, with Republicans there working to roll back voting rights and Democrats fighting those efforts.Should Mr. Hice beat Mr. Raffensperger in the Republican primary, his nomination could energize Democrats who are alarmed by the prospect of elections in the state being run by a Trump loyalist. No date for the primary has been set yet.Mr. Hice, who represents Georgia’s 10th Congressional District, stretching south and east from Atlanta, in January condemned the second House impeachment of Mr. Trump as “misguided” and aimed at “scoring cheap political points.” In the weeks after the November election, he supported Mr. Trump’s false claims of election fraud, including a challenge before the Supreme Court that sought to overturn the results in states Mr. Trump lost.Mr. Hice also served in the House Freedom Caucus with former Representative Mark Meadows, Mr. Trump’s fourth and last chief of staff. Mr. Meadows was integral in Mr. Trump’s efforts to recruit Mr. Hice, two Republicans briefed on the discussions said.As he seeks to retain control of the Republican Party, Mr. Trump is determined to remain a kingmaker for down-ballot elections, while seeking retribution against those he perceives as having betrayed him.So far, he has endorsed only one other candidate running against someone he feels personally aggrieved by: Max Miller, a former White House aide, who is challenging Representative Anthony Gonzalez, a Republican representing Ohio’s Sixth Congressional District. Mr. Gonzalez was one of 10 House members who voted for Mr. Trump’s impeachment.Mr. Hice’s challenge — against a Trump nemesis in a critical swing state — will be a higher-profile test of Mr. Trump’s political clout among Republicans.The move to back Mr. Hice against the sitting secretary of state is also extraordinary given that Mr. Raffensperger has confirmed his office is investigating Mr. Trump’s attempts to reverse the election results, including a phone call the former president made to him. Mr. Trump is also under investigation by Fulton County prosecutors into whether he and others tried to improperly influence the election.Mr. Raffensperger was on the receiving end of a now-infamous call in early January, in which Mr. Trump pushed baseless claims of widespread election irregularities and asked the secretary of state to “find” enough votes to reverse the win for Mr. Biden.“All I want to do is this: I just want to find 11,780 votes, which is one more than we have, because we won the state,” Mr. Trump said during the call.Mr. Raffensperger repeatedly told him his data was wrong. “We have to stand by our numbers,” he said. “We believe our numbers are right.”Mr. Trump, when he had a Twitter feed, repeatedly attacked Mr. Raffensperger for not acceding to his demands.In a statement on Monday afternoon, Mr. Raffensperger was scathing about his future opponent. “Few have done more to cynically undermine faith in our election than Jody Hice,” he said, adding, “Georgia Republicans seeking a candidate who’s accomplished nothing now have one.”Richard Fausset More

  • in

    Trump Endorses Hice to Run Against Raffensperger in Georgia

    Jody Hice, a Republican congressman, announced Monday a run against the Georgia secretary of state, Brad Raffensperger, who refused to overturn the state’s Nov. 3 election results, and former President Donald J. Trump immediately endorsed the new candidate. Mr. Trump’s endorsement of Mr. Hice is the most prominent effort the former president and his aides have made to try to punish elected officials who they believe crossed Mr. Trump. Mr. Raffensperger, a Republican, is among the top targets for Mr. Trump, along with the state’s governor, Brian Kemp.In a statement issued shortly after Mr. Hice announced his candidacy, Mr. Trump praised him as “one of our most outstanding congressmen,” and alluded to his own baseless claims of voter fraud, which he has said deprived him of victory in the state. “Unlike the current Georgia Secretary of State, Jody leads out front with integrity,’’ Mr. Trump said, adding “Jody will stop the Fraud and get honesty into our Elections!’’ Mr. Raffensperger and other Georgia election officials certified President Biden’s victory after conducting several recounts, and have said the results are fair and accurate. Mr. Hice, who represents Georgia’s 10th congressional district, stretching south and east from Atlanta, is a Trump loyalist who in January condemned the second House impeachment of the former president as “misguided” and aimed at “scoring cheap political points.” In the weeks after the November election, he supported Mr. Trump’s false claims of election fraud, including a challenge before the Supreme Court that sought to overturn the results in states Mr. Trump lost.Mr. Hice also served in the House Freedom Caucus with former Rep. Mark Meadows, Mr. Trump’s fourth and last chief of staff.As he seeks to retain control of the Republican Party, Mr. Trump is determined to remain a kingmaker for down-ballot elections, while seeking retribution against those he perceives as having betrayed him. So far, he has endorsed only one other candidate running against someone he feels personally aggrieved by: Max Miller, a former White House aide, who is currently challenging Representative Anthony Gonzalez, a Republican representing Ohio’s 6th congressional district. Mr. Gonzalez was one of 10 House members who voted for Mr. Trump’s impeachment.Mr. Hice’s challenge — against a Trump nemesis in a critical swing state — will be a more high-profile test of Mr. Trump’s political clout among Republicans.The move to back Mr. Hice against the sitting secretary of state is also extraordinary given that Mr. Raffensperger has confirmed his office is investigating Mr. Trump’s attempts to influence the election, including the phone call the former president made to him. Mr. Trump is also under investigation by Fulton County prosecutors into whether he and others tried to improperly influence the election.Mr. Raffensperger was on the receiving end of a now-infamous call in early January, in which Mr. Trump pushed baseless claims of widespread irregularities and asked the secretary of state to “find’’ enough votes to reverse the win for President Biden.“All I want to do is this: I just want to find 11,780 votes, which is one more than we have, because we won the state,” Mr. Trump said during the call.Mr. Raffensperger repeatedly told him his data was wrong. “We have to stand by our numbers,” Mr. Raffensperger said. “We believe our numbers are right.”Mr. Trump, when he had a Twitter feed, repeatedly attacked Mr. Raffensperger for not acceding to his demands. More

  • in

    Why Georgia is Bracing for More Political Hurricanes

    AdvertisementContinue reading the main storySupported byContinue reading the main storyA Political Hurricane Blew Through Georgia. Now It’s Bracing for More.The country’s most hotly contested state has calmed down after months of drama, court fights and national attention (even the death threats have slowed). But new storms are on the horizon.Brad Raffensperger, Georgia’s Republican secretary of state, who became a target of former President Donald J. Trump for defending the validity of the state’s election results.Credit…Audra Melton for The New York TimesMarch 13, 2021, 5:00 a.m. ETATLANTA — The death threats finally appeared to be subsiding, Brad Raffensperger was happy to report.“I haven’t gotten one in a while,” said Mr. Raffensperger, Georgia’s embattled secretary of state, expressing hope that political passions might be cooling off in the state — though “cooling off” is relative in the country’s most heated battleground.Not since Florida’s presidential recount of 2000 has one state’s election cycle drawn so much national — even international — scrutiny. Polarizing figures, expensive campaigns and breathless plotlines have become a seemingly permanent feature of elections here. Analysts have identified Georgia as a major bellwether of the nation’s cultural, economic and demographic realignment, as well as a prime battlefield for showdowns over such fundamental civic matters as the right to vote.When exactly did this reliably Republican and relatively sleepy political sphere become such a vital center of contention and intrigue?Why does seemingly every politically interested observer in America have — à la Ray Charles — Georgia on their mind?The landmark event was President Biden’s becoming the first Democrat at the top of the ticket to carry Georgia since 1992, in what was the most closely decided state in last year’s presidential race. Former President Donald J. Trump appeared especially fixated on the state and made it the main focus of his efforts to reverse the results of the national election. Georgia then played host to double runoff contests in January that flipped control of the Senate to Democrats.The fervor and spotlight will endure: The state is a focal point for the nation’s persistent voting rights battle, as Republicans move swiftly to roll back ballot access in what opponents say is clear targeting of Black voters with echoes of Jim Crow-era disenfranchisement.In 2022, the Peach State’s race for governor is likely to include perhaps the Democratic Party’s leading champion of voting rights, Stacey Abrams, in a replay of the 2018 grudge match between her and Gov. Brian Kemp, the Republican incumbent. One of the two Democrats who won their races in January, Senator Raphael Warnock, will also have to turn around and defend his seat next year in a race that Republicans are already eyeing as they seek to reclaim the chamber. Several local and national Republicans — including Mr. Trump — have tried to recruit the former University of Georgia football legend Herschel Walker to run for the seat, which could lend another wrinkle to the state’s political story, as if it needed one.Adding to the chaos, Mr. Kemp has become the target of a vendetta by Mr. Trump, who has condemned him for not doing more to deliver (or poach) victory for him in Georgia in November. This has also made Georgia the unquestioned center of the internal disputes that have roiled the Republican Party since November. Mr. Trump has seemed intent on making the state a key stop on a revenge tour he has waged against Republicans he has deemed insufficiently loyal to him — Mr. Kemp and Mr. Raffensperger chief among them.“It just feels like a hurricane blew through here politically in the last few campaigns that just keeps carrying over,” said former Senator Saxby Chambliss, a Republican from the state.Stacey Abrams is seen as likely to run again for governor of Georgia in 2022, in a potential rematch of her 2018 race against Gov. Brian Kemp, a Republican.Credit…Nicole Craine for The New York TimesSenator Jon Ossoff, who prevailed alongside Mr. Warnock in the runoffs, said that “there’s a tension and complexity to the total arc of Georgia’s history that manifests itself in this particular moment.” That tension, he added, “is continually being expressed in our politics.”Towering stakes in a shifting statePeople tend to speak of Georgia politics these days in the most dramatic of terms: A struggle is underway “for the soul of Georgia,” and the New South in general. Every week seems to bring a new “existential battle” over some defining issue. A “foundational tension” is playing out in the racial politics of a place considered both a cradle of the civil rights movement and a pillar of the old Confederacy.Some days, state officials said, the stakes feel too high, the energy too charged and the language too extreme.“In my opinion, that’s not healthy, and that’s not what America should be,” said Gabriel Sterling, another top election overseer who, like Mr. Raffensperger, gained a national profile as Mr. Trump challenged Mr. Biden’s victory in the state with false claims of rampant voter fraud. (Mr. Trump’s phone call to Mr. Raffensperger in December, pressuring him to “find” enough votes to overturn the results, was disclosed by The Washington Post and led Georgia prosecutors to open a criminal investigation into the former president.)“You’re not supposed to live and die by these elections,” Mr. Sterling said, noting that in a healthy democracy, the “normal” number of death threats directed at an official like him would be “zero.” He and Mr. Raffensperger were sitting in a tavern near the Georgia Capitol early this month, monitored by a security detail. They were unwinding after another day of pitched political battle in which the Republican-controlled legislature passed an election bill that would create a raft of new ballot restrictions.Republicans are now worried that their slipping grip on Georgia could make it a perennial swing state. Mr. Chambliss said that white suburban women, who have been the key component of the state’s Republican coalition, had defected en masse in recent years, more drastically around Atlanta than in other growing metropolitan areas around the country.Senators Raphael Warnock and Jon Ossoff scored momentous victories for the Democratic Party when they won their runoff elections in January. Credit…Nicole Craine for The New York Times“The animosity toward Trump is real, and that’s a group that Republicans need to be courting in a heavy way,” Mr. Chambliss said. He added that such a goal would not be easy to achieve as long as Mr. Trump kept involving himself in the state’s politics.“A lot of us have been standing on mountaintops screaming that our margins in the suburbs have been collapsing,” said Brian Robinson, a Republican political consultant in Georgia. Much of the recent focus on those electoral shifts, he said, flowed from the tiny margin of votes separating Mr. Biden and Mr. Trump in the state. That segued to the saturation media coverage of the Senate runoffs, the Republican election challenges and, of course, Mr. Trump’s conduct after Nov. 3.“Everything became all about Georgia,” Mr. Robinson said. “I was getting interviewed by newspapers from Switzerland.”The transformation of Georgia’s politics is largely a story of rapidly changing demographics. Atlanta is among the fastest-growing cities in the country, its suburbs evolving from a white Republican hotbed to a more diverse and progressive population of college-educated “knowledge workers.” Metropolitan Atlanta has attracted a substantial influx of younger immigrants and transplants from more crowded and expensive cities in the Northeast and the West.Likewise, the racial makeup has shifted rapidly. “Our demography is reflective of where many states are, and where the nation is headed,” said Ms. Abrams, who added that the majority of Georgia’s population was expected to be nonwhite by the end of this decade. “Politically, Georgia reflects what happens when all of these things come together. It’s a difficult thing to navigate on a national scale, and Georgia is the living embodiment of this.”A Democratic-led push for voting rightsThe point of convergence for much of this ferment has been the protracted struggle over voting rights. Ms. Abrams, who founded the political advocacy and voter registration group Fair Fight Action, has received broad credit for helping capture the state’s electoral votes for Mr. Biden and the Senate seats for Democrats.She became a voting rights cause célèbre herself in 2018 after enduring a bitter defeat in a governor’s race marred by accusations of voter suppression against Mr. Kemp in his former capacity as Georgia’s secretary of state. Ms. Abrams has to this day refused to concede defeat; Mr. Kemp, who oversaw the purging of hundreds of thousands of Georgians from the state’s voter rolls during his tenure, denied any wrongdoing. He declined to comment for this article.Ms. Abrams said that Republicans could not match the political energy and the demographic momentum that have propelled Democrats in Georgia, other than to pursue laws that would make it harder for traditional Democratic constituencies, such as African-Americans, to vote.The legislation currently making its way through the Capitol includes strict limits on weekend voting, a measure that could significantly impede the traditional role of Black churches in fostering civic engagement. A bill that passed the Georgia Senate early this month would repeal “no-excuse” absentee voting and require more stringent voter identification measures. The state’s political patriarch, the 96-year-old former President Jimmy Carter, said this past week that he was “disheartened, saddened and angry” about the legislation.Mr. Ossoff, left, and Mr. Warnock on Capitol Hill this month. Mr. Warnock will have to run for re-election next year in a race that Republicans are targeting.Credit…J. Scott Applewhite/Associated Press“We know that some version of this bill is likely to pass because Republicans face an existential crisis in Georgia,” Ms. Abrams said. By the same token, Democrats could face a crisis of their own if Republicans succeed at enacting more restrictive voting laws in Georgia and several other states with Republican-controlled legislatures.Mr. Ossoff, who at 34 is the youngest member of the Senate, said Georgia had become a textbook case of how political and generational realignment “can change power dynamics in a way that has massive national implications.”Mr. Ossoff’s life trajectory has offered him a firsthand view of these shifts. He grew up in a suburban Atlanta congressional district that was once represented in the House by Newt Gingrich, the Republican speaker, and is now represented by Lucy McBath, an African-American Democrat.Mr. Ossoff began his career as an intern for the civil rights pioneer and Georgia congressman John Lewis, became the first Jewish senator from the Deep South and entered the chamber with first Black senator to represent Georgia, Mr. Warnock. He now sits at a Senate desk that was once occupied by the fierce civil rights opponent Richard Russell and the staunch segregationist Herman Talmadge. In accordance with Senate tradition, both long-dead senators carved their initials in the desk, though Mr. Ossoff said he had yet to do that himself.Republicans haltingly plan their next movesGeorgia Republicans say it would be shortsighted to think that legislation alone can stem the state’s recent tide of red to blue. Nor is it clear whether the most powerful motivating force in their party — Mr. Trump — has in fact motivated just as many voters to support Democrats in and around Atlanta.This dynamic has extended to Trump acolytes like Representative Marjorie Taylor-Greene, the first-term Republican from the state’s northwest corner, whose far-right views, incendiary language and promotion of conspiracy theories have made her the biggest new attention magnet in Congress, for better or worse. “I have always subscribed to having a big tent,” Mr. Chambliss said. “By the same token, I don’t know where some of these people who wander into the tent ever come from.”Former Senator Kelly Loeffler, the Republican businesswoman whom Mr. Kemp appointed to replace the retiring Johnny Isakson in late 2019, announced plans last month to start a voter registration group of her own, geared toward disengaged conservatives. Ms. Loeffler, who lost to Mr. Warnock, envisions the organization, Greater Georgia, as a Republican counterbalance to Ms. Abrams’s efforts.Ms. Loeffler said she had committed a seven-figure sum of her own money to seed the effort. “When I stepped out of the Senate, I heard people say consistently that ‘someone needs to do something about Georgia,’” Ms. Loeffler said.Former Senator Kelly Loeffler said she had no timetable for deciding whether she would run again for the Senate in 2022.Credit…Dustin Chambers for The New York TimesMs. Loeffler did not say precisely what “needs to be done about Georgia” whether she meant only finding new ways to reach and register conservative voters or working to support Republican-driven laws that would discourage Democrats from voting. Ms. Abrams dismissed the effort as “a shallow attempt at mimicry” and “a vile attempt to limit access based on conspiracy theories.”Ms. Loeffler said she was merely “working to ensure that voters trust the process of voting.” She leaned heavily on phrases like “transparency,” “uniformity” and “election integrity,” which critics deride as false pretenses for Republican efforts to impose voter suppression measures. “There’s no question that many Georgians did not trust the process,” she said.Ms. Loeffler’s brief foray into elective politics began in January 2020, during Mr. Trump’s first Senate impeachment trial. She immediately began running for her November re-election, in a campaign that included Representative Doug Collins, a firebrand Republican and fierce defender of Mr. Trump who continually derided Ms. Loeffler as a “RINO” (Republican in name only) who was not adequately devoted to the former president. She then spent much of her brief Senate career trying to display her fealty to Mr. Trump — an effort that included a campaign ad literally portraying her as to the right of Attila the Hun.Ms. Loeffler, 50, said she had no timetable for deciding whether she would run against Mr. Warnock in what would be a rematch for her old seat. As for what other Republicans might run, speculation has produced (as it does) a colorful wish list, from Ms. Greene to Mr. Walker. David Perdue, the former Republican senator who was defeated by Mr. Ossoff, said last month that he would not run in 2022, and Mr. Trump has been trying to enlist Mr. Collins to take on Mr. Kemp in a Republican primary bid.Mr. Walker, the 1982 Heisman Trophy winner, signed his first professional football contract in the ’80s with Mr. Trump’s United States Football League team, the New Jersey Generals, and maintains a close friendship with his former boss. A native of Wrightsville, Ga., Mr. Walker is a Republican who has encouraged African-Americans to join the party, and he has not ruled himself out for 2022.He is also unquestionably beloved in his home state, and the feeling appears to be mutual, though Mr. Walker currently lives in Texas.AdvertisementContinue reading the main story More

  • in

    In Georgia, a New District Attorney Starts Circling Trump and His Allies

    AdvertisementContinue reading the main storySupported byContinue reading the main storyIn Georgia, a New District Attorney Starts Circling Trump and His AlliesFani Willis has opened a criminal investigation into efforts by the Trump camp to overturn the former president’s loss in Georgia. In an interview, Ms. Willis described a wide-ranging inquiry.“An investigation is like an onion,” Fani Willis said. “You never know. You pull something back, and then you find something else.”Credit…Nicole Craine for The New York TimesDanny Hakim and Feb. 13, 2021Updated 5:56 a.m. ETAfter six weeks as a district attorney, Fani T. Willis is taking on a former president.And not just that. In an interview about her newly announced criminal investigation into election interference in Georgia, Ms. Willis, the district attorney of Fulton County, made it clear that the scope of her inquiry would encompass the pressure campaign on state officials by former President Donald J. Trump as well as the activities of his allies.“An investigation is like an onion,” she said. “You never know. You pull something back, and then you find something else.”She added, “Anything that is relevant to attempts to interfere with the Georgia election will be subject to review.”Ms. Willis, whose jurisdiction encompasses much of Atlanta, has suddenly become a new player in the post-presidency of Mr. Trump. She will decide whether to bring criminal charges over Mr. Trump’s phone call to Georgia’s secretary of state, Brad Raffensperger, asking him to “find” votes to erase the former president’s loss there, and other efforts by Trump allies to overturn the election results. The severity of the legal threat to Mr. Trump is not yet clear, but Ms. Willis has started laying out some details about the inquiry.She and her office have indicated that the investigation will include Senator Lindsey Graham’s phone call to Mr. Raffensperger in November about mail-in ballots; the abrupt removal last month of Byung J. Pak, the U.S. attorney for the Northern District of Georgia, who earned Mr. Trump’s enmity for not advancing his debunked assertions about election fraud; and the false claims that Rudolph W. Giuliani, the president’s personal lawyer, made before state legislative committees.She laid out an array of possible criminal charges in letters sent to state officials and agencies asking them to preserve documents, providing a partial map of the potential exposure of Mr. Trump and his allies. Mr. Trump’s calls to state officials urging them to subvert the election, for instance, could run afoul of a Georgia statute dealing with “criminal solicitation to commit election fraud,” one of the charges outlined in the letters, which if prosecuted as a felony is punishable by at least a year in prison.Mr. Trump’s personal lawyer, Rudolph W. Giuliani, made false claims to state legislative committees in Georgia.Credit…Doug Mills/The New York TimesThe misinformation spread by Mr. Giuliani could prove problematic, as Ms. Willis said in her letters that she would review “the making of false statements to state and local governmental bodies.” Georgia law bars “any false, fictitious, or fraudulent statement” within “the jurisdiction of any department or agency of state government.”Ms. Willis is also open to considering not just conspiracy but racketeering charges. As she put it in the interview, racketeering could apply to anyone who uses a legal entity — presumably anything from a government agency to that person’s own public office — to conduct overt acts for an illegal purpose. In this case, it applies to the pressure the president and his allies exerted on Georgia officials to overturn the election.Ms. Willis has brought a novel racketeering case before. In 2014, as an assistant district attorney, she helped lead a high-profile criminal trial against a group of educators in the Atlanta public school system who had been involved in a widespread cheating scandal.Racketeering cases tend to make people think of mob bosses, who have often been targets of the federal Racketeer Influenced and Corrupt Organizations Act, known as RICO, since it was enacted in 1970. Asked how racketeering applied in the cheating scandal and in an election case, Ms. Willis said, “I always tell people when they hear the word racketeering, they think of ‘The Godfather,’” but she noted that it could also extend to otherwise lawful organizations that are used to break the law.“If you have various overt acts for an illegal purpose, I think you can — you may — get there,” she said.Ms. Willis, 49, who easily won election last year, is the daughter of an activist defense lawyer who was a member of the Black Panthers, and she is also a veteran prosecutor who has carved out a centrist record. She views the case before her as a critical task.“It is really not a choice — to me, it’s an obligation,” she said. “Each D.A. in the country has a certain jurisdiction that they’re responsible for. If alleged crime happens within their jurisdiction, I think they have a duty to investigate it.”For their part, Mr. Trump and his allies are girding for a second criminal investigation, alongside an ongoing fraud inquiry before a grand jury in Manhattan. This week, Jason Miller, a senior adviser to Mr. Trump, called the Georgia investigation “simply the Democrats’ latest attempt to score political points by continuing their witch hunt against President Trump, and everybody sees through it.”Ms. Willis has many challenges before her, and not just relating to this inquiry. She replaced a controversial prosecutor who faced lawsuits accusing him of sexual harassment. In an overhaul of her office’s anti-corruption unit, which will handle the Trump investigation, she removed all eight lawyers and has since hired four, with a fifth on the way. The police in Atlanta, as elsewhere, are both maligned and demoralized, and 2020 was one of Atlanta’s deadliest years in decades. She must also decide how to proceed with the case of Rayshard Brooks, a Black man fatally shot by a white police officer last year.“I have 182 open, unindicted homicides involving 222 defendants,” she said. “I have a sex crime unit that is backed up. But I am very capable of identifying great people to work in this office who are dedicated to the cause of making this county safer, and I do not get to be derelict in my duty, because I have other responsibilities.”Clark D. Cunningham, a law professor at Georgia State University in Atlanta, said it appeared that Ms. Willis might be “pulling out all the stops” for the Trump case, “because of the range of the types of crimes that are mentioned in that letter,” he said, adding, “and particularly the talk about racketeering and conspiracy.”The pressure campaign to overturn the Georgia election results began on Nov. 13, when Mr. Graham, a Trump ally from South Carolina, made a phone call to Mr. Raffensperger, Georgia’s secretary of state. Mr. Raffensperger, a Republican, later said that Mr. Graham had asked him if he had the authority to throw out all mail-in votes from particular counties, a suggestion the secretary of state rebuffed. (Mr. Graham disputed Mr. Raffensperger’s account.)On Dec. 3, Mr. Giuliani, Mr. Trump’s personal lawyer, made an appearance before a Georgia State Senate committee, saying that “there’s more than ample evidence to conclude this election was a sham,” and laid out a number of false claims. Two days later, Mr. Trump called Brian Kemp, Georgia’s Republican governor, to press him to call a special session of the legislature to overturn the election. Mr. Trump then called Georgia’s Republican attorney general, Chris Carr, and pressured him not to oppose a legal attempt to challenge the elections results in Georgia and other swing states.Because of the flurry of Trump calls, Ms. Willis said she believes that she is the only official with jurisdiction who does not have a conflict of interest. As she wrote in her letters to other public officials, “this office is the one agency with jurisdiction that is not a witness to the conduct that is the subject of the investigation.”Even after Mr. Raffensperger recertified the election results on Dec. 7, Mr. Trump’s efforts intensified. Three days later, Mr. Giuliani testified virtually before a state House committee, repeating false claims that poll workers at an Atlanta arena had counted improper ballots stuffed in suitcases, when they were simply using the normal storage containers. “They look like they’re passing out dope,” he said during the hearing.Gabriel Sterling, a top aide to Mr. Raffensperger, has derided the claims as a ridiculous, “‘Oceans 11’ type scheme,” adding, “This has been thoroughly debunked.”Mr. Giuliani returned on Dec. 30, telling a Senate committee, “You had 10,315 people that we can determine from obituaries were dead when they voted,” and adding: “So, right away, that number you submitted to Washington is a lie. It’s not true! It’s false!” The numbers, however, were farcical; state officials have found only two instances in which votes were cast in the names of people who had died.The pressure campaign culminated when Mr. Trump himself called Mr. Raffensperger on Jan. 2. “I just want to find 11,780 votes,” Mr. Trump said on the call, fruitlessly searching for ways to reverse his election loss.Ms. Willis is also reviewing the departure of Mr. Pak, a Trump appointee. Shortly before Mr. Pak’s resignation, Mr. Trump’s acting deputy attorney general, Richard Donoghue, told Mr. Pak that the president was unhappy that he wasn’t pursuing voter fraud cases.Byung J. Pak, then a U.S. attorney in Georgia, frustrated Mr. Trump because he wasn’t pursuing voter fraud cases.Credit…Bob Andres/Atlanta Journal-Constitution, via Associated PressMs. Willis has said that her office would request subpoenas “as necessary” when the next Fulton County grand jury convenes in March.She appears undaunted. As she put it, “this is not a 9-to-5 job.” For her, lawyering is a family calling. Her father is John Clifford Floyd III, a longtime civil rights activist and defense lawyer.“My dad was a single father that raised me,” she said. When she was a young girl in Washington, D.C., she said, her father would take her to court with him on Saturday mornings as he took on new clients who had been arrested the previous night.“There was an old white Irish judge,” she recalled. “He would let me come sit up on the bench with him,” she recalled. While she was on his lap, the judge would ask her, “should we send them home, or are they going to the back?”She decided then that she wanted to be a judge, but her father explained that she had to be a lawyer first. So her career ambition was set. While she embraces some of the prosecutorial reform efforts favored by the left, including diversion programs that keep some offenders out of jail, Ms. Willis has also said that she has a “conservative side” that separates her from the new wave of progressive prosecutors.Heretofore, she has been best known for the Atlanta school case, in which 11 educators were convicted of racketeering and other crimes. The case drew criticism in some quarters for overreach.“I’ve been criticized a lot for that case, but I’m going to tell you what I tell people if I’m taking criticism for defending poor Black children, because that’s mainly what we were talking about,” she said. The only chance many such children have to get ahead is through the public education system, she said, adding, “So if what I am being criticized for is doing something to protect people that did not have a voice for themselves, I sit in that criticism, and y’all can put it in my obituary.”AdvertisementContinue reading the main story More