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Georgia ban on Saturday voting before Warnock vs Walker runoff would ‘irreparably harm’ voters


MGB
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Georgia voters will be able to cast their ballots in a runoff election between Raphael Warnock and Herschel Walker on the only Saturday before election day in that race.

A judge in Fulton County ruled on 19 November that Georgia’s Secretary of State cannot block counties from opening voting on the Saturday after Thanksgiving, which is on 24 November.

The ruling is a victory for the state’s Democratic party and Mr Warnock’s campaign, as well as voters who were blocked from early voting on the Saturday before a runoff election under a sweeping elections law signed by Republican Governor Brian Kemp last year.

Under the law signed by Governor Kemp, early in-person voting ends on the Friday before a runoff election. This year, that would be 2 December. Election day in that contest is Tuesday, 6 December.

But the law also prohibits early in-person voting on the Saturday after any “public or legal holiday”, meaning that early in-person voting would be prohibited on the weekend after Thanksgiving.
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19 minutes ago, MGB said:

Georgia voters will be able to cast their ballots in a runoff election between Raphael Warnock and Herschel Walker on the only Saturday before election day in that race.

A judge in Fulton County ruled on 19 November that Georgia’s Secretary of State cannot block counties from opening voting on the Saturday after Thanksgiving, which is on 24 November.

The ruling is a victory for the state’s Democratic party and Mr Warnock’s campaign, as well as voters who were blocked from early voting on the Saturday before a runoff election under a sweeping elections law signed by Republican Governor Brian Kemp last year.

Under the law signed by Governor Kemp, early in-person voting ends on the Friday before a runoff election. This year, that would be 2 December. Election day in that contest is Tuesday, 6 December.

But the law also prohibits early in-person voting on the Saturday after any “public or legal holiday”, meaning that early in-person voting would be prohibited on the weekend after Thanksgiving.

How is it that a Judge can  over turn state law?

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15 minutes ago, joc said:

How is it that a Judge can  over turn state law?

Not sure. I guess it would harm the voters who could not vote due to work or whatever. Saturday voting wasn't illegal except after a public or legal holiday, so he overruled it.

Edited by MGB
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Seems like a rare case.

If it was me, I'd be sure to vote before Friday, or on the following Monday.

I see the theoretical of the case, but really shouldn't both parties be sure to educate the public on the laws, and encourage them to go when the can.

Reading the law the voting is open 9 to 5 on weekdays. I'd rather see that be 11 to 7, so people could go after work.

Edited by DieChecker
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In my state, early voting started the 29th of Oct. I voted a week early at the courthouse to avoid the crowds.

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2 hours ago, MGB said:

Not sure. I guess it would harm the voters who could not vote due to work or whatever. Saturday voting wasn't illegal except after a public or legal holiday, so he overruled it.

Quote

A judge in Fulton County ruled on 19 November that Georgia’s Secretary of State cannot block counties from opening voting on the Saturday after Thanksgiving, which is on 24 November.

Senate Bill 202

S. B. 202 - 59 -

 1488) There shall be a period of advance voting that shall commence: 1489 (A) On the fourth Monday immediately prior to each primary or election; and On the fourth Monday immediately prior to a runoff from a general primary; 1491 (C) On the fourth Monday immediately prior to a runoff from a general election in  which there are candidates for a federal office on the ballot in the runoff

concerning holidays

if
1506 such second Saturday is a public and legal holiday pursuant to Code Section 1-4-1, if
1507 such second Saturday follows a public and legal holiday occurring on the Thursday or

1508 Friday immediately preceding such second Saturday, or if such second Saturday
1509 immediately precedes a public and legal holiday occurring on the following Sunday or
1510 Monday, such advance voting shall not be held on such second Saturday but shall be held
1511 on the third Saturday prior to such primary or election beginning at 9:00 A.M. and ending
1512 at 5:00 P.M

But again look below at the calendars...it explicitly says the 2nd or 3rd Saturday preceding a holiday on a Thursday or Friday...but the 26th is the 4th Saturday.  The judge has no legal authority and I would presume that the Governor and Congress of Georgia know what the law says.  I seriously doubt that the polls are going to be allowed to open because a county judge wants to overrule the Legislature in the State of Georgia.  I just don't see that happening.

828723603_calendar111222.png.b77a3dd4a4d2cb8c7d8fb3b516f0a314.png

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Clearly state law says WHEN advance voting can begin...on the fourth Monday preceding an election.  The election is Dec. 6th.  The 4th Monday preceding the election is Nov. 28th.   The County Judge cannot overturn state election law.  

LINK

By its terms, Article I, Section 4, Clause 1, referred to as the Elections Clause, contemplates that state legislatures will establish the times, places, and manner of holding elections for the House of Representatives and the Senate, subject to Congress making or altering such state regulations (except as to the place of choosing Senators).1 The Supreme Court has interpreted the Elections Clause expansively, enabling states to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns. 

Edited by joc
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On 11/19/2022 at 5:48 PM, joc said:

How is it that a Judge can  over turn state law?

It is possible it is only a ruling for that county, but it depends on what court he presides over.  If it is federal court or state court and not county court he can rule.  County seats usually have a federal court but it may be different in states, I remember texas had District court and County court and District court handled state and federal cases.

Edited by Desertrat56
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On 11/19/2022 at 5:22 PM, DieChecker said:

Seems like a rare case.

If it was me, I'd be sure to vote before Friday, or on the following Monday.

I see the theoretical of the case, but really shouldn't both parties be sure to educate the public on the laws, and encourage them to go when the can.

Reading the law the voting is open 9 to 5 on weekdays. I'd rather see that be 11 to 7, so people could go after work.

If you can't get a weekday off from work, maybe Saturday is a good option.

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After reading the Georgia law again, here's what I found.

  • Election is on Nov 6.
  • Runoff elections are 1 month later on Dec 6.
  • Thanksgiving is always on the 4th week of Nov, on a Thursday.
  • Law specifically excludes a Saturday after a holiday
  • Much more often then not, this will mean the Sat after Thanksgiving, which will almost always be the last Sat before the election.

So, yeah, it seems purposefully designed to prohibit that Saturday. Which will affect the working poor more then others.

Even so, I don't see a tremendous number of people being prevented from voting because Saturday was their ONLY choice. Absentee ballots are easily available, and easily sent in, for those who can't go to a voting place.

If it keeps anyone from voting, it will be the most stupid, or lazy, voters. Who were very likely to not vote anyway.

Edited by DieChecker
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5 hours ago, Desertrat56 said:

It is possible it is only a ruling for that county, but it depends on what court he presides over.  If it is federal court or state court and not county court he can rule.  County seats usually have a federal court but it may be different in states, I remember texas had District court and County court and District court handled state and federal cases.

The election is definitely for the State Senate seat...so...the county doesn't get to overrule the state.  I mean we are talking about Georgia which is basically a third world country...but it is located within the Continental USA map grid and it does masquerade as a State ...so...no...but, it is Georgia...so, we cannot forget that either! 

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15 hours ago, joc said:

The election is definitely for the State Senate seat...so...the county doesn't get to overrule the state.  I mean we are talking about Georgia which is basically a third world country...but it is located within the Continental USA map grid and it does masquerade as a State ...so...no...but, it is Georgia...so, we cannot forget that either! 

So the judge must be in district court, not county court.   They have district courts in every county seat in the U.S.

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Yes, if voters vote on a Saturday they might realise how good it is to vote on a day many more people are not working and insist on it! Imagine that, making voting day the weekend as opposed to a work day. 

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9 hours ago, Desertrat56 said:

So the judge must be in district court, not county court.   They have district courts in every county seat in the U.S.

Fulton County Superior Court Judge Thomas A. Cox

yep...another judge legislating from the bench....

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This was a no brainer. The more people who vote in Georgia on Sat., the better it is for the republic. 

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13 hours ago, joc said:

Fulton County Superior Court Judge Thomas A. Cox

yep...another judge legislating from the bench....

Superior Court.   Same as District Court.  That is his job.

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1 hour ago, Desertrat56 said:

Superior Court.   Same as District Court.  That is his job.

Yeah...I am in agreement with you...he has the right.  Doesn't make it right though...he is legislating from the bench.  He is in fact legislating for one party over the other and that is wrong.  What you cannot do is deny your employee the right to go vote.  So, I don't see how this is a legitimate argument.  He is legislating from the bench.  Overturning state law for his political party.  That is wrong I don't care which side it is being done on.

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18 hours ago, Raptor Witness said:

This was a no brainer. The more people who vote in Georgia on Sat., the better it is for the republic. 

If Walker loses this will be blamed on this "unlawful" Saturday voting. And when that happens it will show this is why there are so many restrictive voting laws like this in the first place...to stifle these votes.

Edited by MGB
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Oh come on.... People can get a Absentee Ballot from 78 to 11 days before the election. And it has to arrive on, or before, voting day. So, basically from right after the last election you can request one and mail it in. You can also email it, or fill it out online and submit it. Or, hand it in on voting day.

People saying they can't vote due to one Saturday being unavailable, are either stupid, or lazy, or trying to beat a dead horse.

https://georgia.gov/vote-absentee-ballot

The polls are open from 7 AM to 7 PM, so most everyone who wants to get in line can vote. The super long lines on voting day at the end of the day are THOSE people's fault, IMHO. They know the rules, and yet, like a kid waiting till midnight to do their homework, they show up at 7PM and then complain about the lines.

https://georgia.gov/vote-in-person-election-day

The only thing I see that would be an honest gripe is the hours of Early Voting. Where they close up at 5 PM, rather then 7 PM. So that constrains many who work later in the day.

https://georgia.gov/vote-early-person

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1 hour ago, MGB said:

If Walker loses this will be blamed on this "unlawful" Saturday voting. And when that happens it will show this is why there are so many restrictive voting laws like this in the first place...to stifle these votes.

But on the other side of things...Why should people have to disrupt their Thanksgiving Day Weekend to go work an election on a Saturday and accommodate a bunch of lazy people who probably didn't even vote the first time?  It's okay to discriminate against the people who have to work the election and interrupt their lives...but the Real Truth is, we know the o n l y  reason State Law was overturned is because it was a Republican Senate who put the law in place...so...in order to kick them out and let the Democrat Senate pass the laws  that THEY want to pass...you have to find a liberal judge with the power to overrule a state law from the bench without any arguments at all.  I think that is what countries do that are NOT free.  That's third world banana republic stuff and it is typical of both parties...it's a game they play with each other and we have no say in it at all.

I mean think about it this way for a second...people elected Senators to make laws...and when they make laws some people don't like they drag in a judge and overturn the law?  That's insane and why I am not really about the Politics of much these days.  We are being screwed from both sides of OUR fence!  

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3 hours ago, MGB said:

If Walker loses this will be blamed on this "unlawful" Saturday voting. And when that happens it will show this is why there are so many restrictive voting laws like this in the first place...to stifle these votes.

Of course, it’s ridiculous.

The People can see through this web of lies that the Republicans have spun. They have nothing to offer U.S., but division, which is contributing to the increase in violence.

God and Guns will be erased from the American experience by a fire, which the Republican Party shall be driven into.

 

 

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3 hours ago, DieChecker said:

The polls are open from 7 AM to 7 PM, so most everyone who wants to get in line can vote. The super long lines on voting day at the end of the day are THOSE people's fault, IMHO. They know the rules, and yet, like a kid waiting till midnight to do their homework, they show up at 7PM and then complain about the lines.

So if you work 8-5...and can't vote early because of those hours and then go to the polls on election day when you get out of work and there are long lines, that's the persons fault?  

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4 hours ago, DieChecker said:

Oh come on.... People can get a Absentee Ballot from 78 to 11 days before the election. And it has to arrive on, or before, voting day. So, basically from right after the last election you can request one and mail it in. You can also email it, or fill it out online and submit it. Or, hand it in on voting day.

People saying they can't vote due to one Saturday being unavailable, are either stupid, or lazy, or trying to beat a dead horse.

https://georgia.gov/vote-absentee-ballot

The polls are open from 7 AM to 7 PM, so most everyone who wants to get in line can vote. The super long lines on voting day at the end of the day are THOSE people's fault, IMHO. They know the rules, and yet, like a kid waiting till midnight to do their homework, they show up at 7PM and then complain about the lines.

https://georgia.gov/vote-in-person-election-day

The only thing I see that would be an honest gripe is the hours of Early Voting. Where they close up at 5 PM, rather then 7 PM. So that constrains many who work later in the day.

https://georgia.gov/vote-early-person

That's the problem. There shouldn't be any access constraints at all to voting.  Your post is a classic example of anti-voter rhetoric. 

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10 hours ago, Agent0range said:

So if you work 8-5...and can't vote early because of those hours and then go to the polls on election day when you get out of work and there are long lines, that's the persons fault?  

Yeah... 100%. They had 4 WEEKS to get a Absentee ballot, and almost TWO WEEKS to vote early, and get to vote if they show up by 7 on Voting Day. If the person wants to vote, but doesn't want to put any effort into it... That's the persons personal choice. Just like not voting at all. You think the voting workers should go around to each person's house and get their vote? Where does the self responsibility come into it?

If the person waits till Election Day, what makes you believe the person would go and vote early on Saturday? Oh, they just need that opportunity?? Well they have the same opportunity with a Absentee ballot. Which you can ask for online, fill out online and submit.... Online. Do you really believe a sizeable percentage of Georgians doesn't have access to a computer or a cell phone?

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10 hours ago, Hankenhunter said:

That's the problem. There shouldn't be any access constraints at all to voting.  Your post is a classic example of anti-voter rhetoric. 

BS. You think voting shouldn't have any limits? How about I vote right now for the President, will my vote count? WHAT! NO? Why not? Every vote should count right??? Oh, there are restrictions and expectations? OH, but that means restricting voters!!!

Your post is a classic example of never getting enough candy. Like a child keeps asking for candy, you can't have easy enough voting. It's socially irresponsible to not want limits. It means chaos and confusion everywhere. 

Now if we want to go look at the Georgia voting laws and pick apart specific restrictions... Yeah, I can get that. I myself stated above I'd like to see the early voting go till 7 PM, rather then 5 PM. But, I don't feel like a voting worker should be standing outside a courthouse 24/7/365 to collect votes from idiots who can't figure out how/when/where to get their vote collected.  

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