Numerous state legislatures have been writing new laws to tighten election laws after the disaster known as the 2020 presidential election. Georgia’s new election law brought condemnation from President Joe Biden and other Democrats who claim that the law brings back the old Jim Crow era. There are many Democrat talking points being repeated by the various politicians and media organizations. They claim that the new law will restrict or limit voting by black and brown voters.
Fred Lucas at The Daily Signal sought to show the difference between the six key myths being spouted by Democrats and the facts about Georgia’s election legislation signed by Governor Brian Kemp last Thursday.
1. “Restrictions on Casting Absentee
Ballots”
[Myth] In his written statement, Biden
said of the new law: “It adds rigid restrictions on casting absentee ballots
that will effectively deny the right to vote to countless voters.” …
For its part, Fair Fight Action, the group
run by [Stacy] Abrams, asserts: “Over 200,000 Georgians lack the appropriate ID
under SB 202.”
[Fact] The law does require voter ID for
individuals who are casting absentee ballots, which previously was not the
case. A vote would need to provide a driver’s license number or another state
identification number on the absentee ballot form.
The law also requires voters to request absentee
ballots [at least] 11 days before the election. In its previous form, the law
allowed voters to request ballots by the Friday before Election Day….
The earliest that Georgia voters may
request an application for an absentee ballot will be 77 days before Election
Day, down from 180 days….
Kemp said that 96% of Georgia voters
already have suitable voter ID, and alternative identification would be
provided at no charge to those who need it. [The law states the following:]
“In order to verify that the absentee ballot
was voted by the elector who requested the ballot, the elector [voter] shall
print the number of his or her Georgia driver’s license number or identification
card…. The elector shall also print his or her date of birth in the space
provided in the outer oath envelope.
“If the elector does not have a Georgia
driver’s license or state identification card issued pursuant to Article 5 of Chapter
5 of Title 40, the elector shall so affirm in the space provided on the outer
envelope and print the last four digits of his or her Social Security number in
the space provided on the outer oath envelope.
“If the elector does not have a Georgia driver’s
license, identification card issued pursuant to Article 5 of Chapter 5 of Title
40, or a Social Security number, the elector shall so affirm in the space
provided on the outer oath envelope and place a copy of one of the forms of
identification set forth in subsequent (c) of Code Section 21-2-417 in the
outer envelope."
2. “Crime to Provide Water”
[Myth] Biden and Democrats have been spreading
this myth. Biden said the following in his formal statement about the law: “It
makes it a crime to provide water to voters while the wait in line – lines Republican
officials themselves have created by reducing the number of polling sites
across the state, disproportionately in Black neighborhoods.”
[Fact] Georgia’s law prohibits campaign
workers from distributing food or drink, or anything else of value, to waiting
voters, and from setting up a table within 150 feet of the building or 25 feet
of a voter…. The law specifically allows official poll workers, as opposed to
campaign workers, to provide water to voters.
Specifically, the law says: “No person
shall solicit votes in any manner or by any means or method, nor shall any
person distribute or display any campaign material, nor shall any person give,
offer to give, or participate in the giving of any money or gifts, including,
but not limited to, food and drink, to an elector, nor shall any person solicit
signatures for any petition, nor shall any person, other than election
officials discharging their duties, establish or set up any tables or booths on
any day in which ballots are being cast: (1) Within 150 feet of the outer edge of
any building within which a polling place is established; (2) Within any
polling place; or (3) Within 25 feet of any voter standing in line to vote at
any polling place.
… “This Code section shall not be
construed to prohibit a poll officer from distributing materials, as required
by law, which are necessary for the purpose of instructing electors or from
distributing materials prepared by the Secretary of State which are designed
solely for the purpose of encouraging voter participation in the election being
conducted or from making available self-service water from an unattended receptacle
to an elector waiting in line to vote.” …
As to Biden’s charge that Republicans are
creating long lines to vote, the new law provides “additional voting equipment
or poll workers to precincts containing more than 2,000 electors.”
3. “It Ends Voting Hours Early”
[Myth]In his written statement Friday,
Biden said: “Among the outrageous parts of this new state law, it ends voting
hours early so working people can’t cast their vote after their shift is over.”
[Fact] The new Georgia law does nothing to
change Election Day voting hours from 7 a.m. to 7 p.m., although it expands
weekend voting before Election Day.
… The law itself states:
“Requiring two Saturday voting days and
two optional Sunday voting days will dramatically increase the total voting
hours for voters across the State of Georgia, and all electors in Georgia will
have access to multiple opportunities to vote in person on the weekend for the
first time.”
4. “Render Drop Boxes Useless”
[Myth] Abram’s Fair Fight Action
organization said the law, known as Senate Bill 202, would “render drop boxes ‘useless’
and otherwise harm voters across the state.” …
The law states:
“A board of registrars or absentee ballot
clerk shall establish at least one drop box as a means for absentee by mail
electors to deliver their ballots to the board of registrars or absentee ballot
clerk.
“A board of registrars or absentee ballot
clerk may establish additional drop boxes, subject to the limitations of this
Code section, but may only establish additional drop boxes totaling the lesser
of either one drop box for every 100,000 active registered voters in the county
or the number of advance voting locations in the county. Any additional drop
boxes shall be evenly geographically distributed by population in the county."
5. “Jim Crow 2.0”?
[Myth] Upon the Georgia Legislature’s passage
of the bill, Abrams … said…: “Republican state leaders willfully undermine
democracy by giving themselves authority to overturn results they do not like.
Now, more than ever, Americans must demand federal action to protect voting
rights as we continue to fight against these blatantly unconstitutional efforts
that are nothing less than Jim Crow 2.0.”
… Biden later tweeted a similar assertion.
“It’s Jim Crow in the 21st Century – and it must end.”
[Fact] … Putting aside what is or isn’t
acceptable political hyperbole, Jim Crow has a literal historical legacy.
Factually, the term Jim Crow laws
refers to state and local laws in the segregated South that existed from after
the Civil War until at least the mid-1960s.
With regard to voting, these laws included
requiring poll tests for black voters before they could cast a ballot. These
overtly racist laws also restricted employment and educational opportunities
for black Americans.
Schools, parks, recreation facilities, and
other public buildings routinely were segregated throughout the South, as were
public restrooms and water fountains. The Jim Crow era included terrorist
activity by the Ku Klux Klan, which committed violent and deadly acts against
blacks such as lynchings, often with impunity….
6. “Legislative Takeover”
[Myth] Abram’s Fair Fight Action says
Georgia’s new law would “allow legislative takeovers of local boards of
elections, and much more.”
[Fact] The fact is that under the new law,
the state Legislature does indeed have an increased role in the State Election
Board under the new law.
Meanwhile, Georgia’s secretary of state
will have a diminished role. This is the basis for the claim that partisan
politics could play a role.
“The secretary of state will no longer
chair the State Election Board, becoming instead a non-voting ex-officio
member,” Georgia Public Broadcasting explained. “The new chair would be
nonpartisan but appointed by a majority of the state House and Senate.
“The chair would not be allowed to have
been a candidate, participate in a political party organization or campaign or
[have] made campaign contributions for two years prior to being appointed.”
I do not know much about Georgia’s
prior laws, but I do offer my opinion about the Democrat talking points
following the signing of the new law. The new law in and of itself seems like
common sense and something that any person desiring fair and honest elections
could support. The fact that Democrats at all levels – including the White
House – are complaining about the new law tells me that the law was much
needed. There is a good chance that Democrats in Georgia used the old law to
commit fraud in prior elections. Now that the law has been changed and
tightened, it will be more difficult for them to cheat.
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