Dec. 21, 2020
Judge to Rule on
Restoring Georgia’s Purged Voters By Khalil Abdullah
Judge to Rule on
Restoring Georgia’s Purged Voters
By Khalil Abdullah
Ethnic media
Services
Arguments in
federal court continued this week on whether Georgia’s secretary of state’s
office, the defendant in a lawsuit, illegally purged an estimated 198,000
Georgia residents from the state’s voting rolls. U.S. District
Judge Steve C. Jones has promised a ruling in short order on whether those
eligible voters could be restored to the rolls in time to participate in
the January 5 run-off elections for Georgia’s two U.S. Senate seats.
“The urgency is
there is an election and these people should be allowed to vote,” said CK
Hoffler, board chair of the Rainbow PUSH Coalition, CEO of the CK Hoffler
Firm and president of the National Bar Association.
Rainbow PUSH
Coalition is a plaintiff, as are the Black Voters Matter’s Fund,
Transformative Justice Coalition, and the Southwest Voter Registration and
Education Project.
The deadline for
registering to vote in the January election was December 7, but
reinstatement on the rolls conveys the right to vote.
On September 1,
the ACLU issued a report by journalist Greg Palast and The Palast
Investigative Fund on the purge and brought that report to the attention of
Secretary of State’s office. Once served notice, Georgia had 90 days to
take action to investigate, remedy, or respond to the allegation before a lawsuit
could be filed.
Raffensperger’s
office “did nothing,” said Palast. On day 91, December 2, the plaintiffs
filed the suit, contending that purges occurred in the runups to the 2018
and 2020 elections.
The lawsuit argues
the purge was illegal under the National Voter Registration Act, because,
for one, Raffensperger’s office used an unqualified vendor rather than one
approved by the U.S. Postal Service which maintains the National Change of
Address data set, NCOALink.
The Palast
investigative team found that “When a USPS full-service licensee was used
to check these same names, more than half of the 108,306 Georgians removed
from the rolls by this flawed process, or fully 68,930 Georgia voters were
found not to have filed NCOA notices and …. still have mailable addresses
from where they initially registered.”
The lawsuit also
challenges the constitutionality Georgia’s “use it or lose it law” which
was in effect at the time of the purge. The suit states, “Under ‘use it or
lose it’ law … the Secretary of State presumes people have moved if they
have had (a) no contact with any election official for three years, (b)
failed to return a confirmation postcard, and (c) then failed to vote in
the next two federal elections, justifying their purge from the rolls.
According to the experts in list hygiene, however, fully 79,193 of the
120,561 voters whose registrations were cancelled in 2019 continued to have
a verified address to receive mail at their original address of
registration.”
Thus, from the
figures provided by the Secretary of State’s office, “Plaintiffs allege
that 199,908 wrongfully lost their right to vote based on an incorrect
assumption that they had changed their residence.”
Though some purged
voters have moved outside the state and some have died, the remaining
majority are likely to be predominantly Latino and African American. The
latter tend to vote overwhelmingly for Democrats. Exit polls showed Latinos
in Georgia favoring Biden over Trump, but by narrower margins than African
Americans and by even smaller percentages for Democratic candidates over
Republicans in down-ballot races.
Georgia’s U.S.
Senate seats will determine which party controls the Senate in
President-elect Biden’s first term. Republicans hold a 52 to 48 margin.
Should both of their candidates lose, the balance would shift to 50-50,
with Democratic Vice President-elect Kamala Harris wielding the
tie-breaking vote. But, as the vice president only votes in the Senate when
there is a tie, Republicans will still have a 51-49 edge should only one of
their candidates win.
“No one expected a
run-off election,” Palast said. He conjectured that the Secretary of
State’s office decided, from September 1, to run out the clock on the
90-day period to respond, thinking that a definitive election victory in
November would move the lawsuit to the backburner of consideration.
Palast also noted
that Georgia had legally purged 125,000 voters. “Many of these moved in
Atlanta, but failed to re-register when they moved across a county line.”
Hollywood
celebrities have been engaged to encourage Georgia residents to check their
voter registration status.
The image of
actress Rosario Dawson with that message now looms over downtown Atlanta on
a 20 by 60-foot electronic billboard. She is also featured in a public
service message while Zoe Saldana has ones circulating in Spanish.
Leonard DiCaprio
has tweeted about the purge. “Live in #Georgia? Go to http://SaveMyVote2020.org to see if you have been removed from the electoral
roll.”
Star-power aside,
Palast has a message of personal responsibility for Georgia residents and
those in other states. “We have great lawyers, but you need to take care of
your own vote.”
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