WHERE'S THE 'IMMIGRATION STUDY' HE QUOTED? IT'S RIGHT WING BABBLE!
DEATON CLAIMED THERE WAS A REPORT - WHERE? ALSO CLAIMED OF IMMIGRANTS:
435,000 HAVE FELONY CONVICTIONS
15,000 RAPISTS
13,000 MURDERERS
WHERE DID HIS 'FACTS' ORIGINATE?
ANYONE NOTICE THAT CRYPTO SCAMMER DEATON INTRODUCED UNRELATED ISSUES WHEN RESPONDING TO QUESTIONS?
THE CARPETBAGGER COMMENTED ON THE FILIBUSTER - HE INTRODUCED THE ISSUE...THEN COMMENTED THAT WITH A 51 VOTE MAJORITY, A NATIONAL ABORTION BILL COULD BE PASSED...
WRONG! 60 VOTES ARE REQUIRED FOR CLOTURE!
THE CARPETBAGGER IS UNINFORMED, TOO LAZY TO LOOK UP FACTS & SPEWS NONSENSE!
THE BIPARTISAN BORDER BILL WAS DEAD ON ARRIVAL DUE TO TRUMP CALLING FOR ITS DEFEAT....SENATOR WARREN'S VOTE WAS MEANINGLESS & IF ANYONE PAID ATTENTION, SENATOR WARREN WAS NOT THE ONLY ONE TO OPPOSE IT....TRY FACTS!
SENATOR WARREN INCLUDED WORK PERMITS IN HER COMMENTS ABOUT IMMIGRATION - ANYONE WHO PAID ATTENTION WILL RECALL THAT THE MASSACHUSETTS GOVERNOR PROTESTED THE DELAY BECAUSE IMMIGRANTS WANT TO WORK!
RESPONDING TO A QUESTION ABOUT IMMIGRATION, DEATON INTRODUCED THE STEWARD HOSPITAL CRISIS - UNRELATED! STEWARD IS IN BANKRUPTCY. DEATON ATTENDED A SINGLE MEETING & IS TOO LAZY TO RESEARCH THE ISSUES...NORWOOD HOSPITAL IS SCHEDULED TO CLOSE...IT INCLUDES AUXILIARY CLINICS THAT WILL ALSO CLOSE...
SENATOR BERNIE SANDERS HAS SPOKEN REPEATEDLY ABOUT STEWARD....DEATON APPARENTLY IS TOO LAZY TO RESEARCH THIS ISSUE AS WELL...
ASKED ABOUT BIPARTISANSHIP, DEATON INTRODUCED ANOTHER UNRELATED ISSUE ABOUT ABORTION & RAMBLED....BLAMED SENATOR WARREN FOR THE STEWARD HOSPITAL CLOSURES - WRONG!
THE AMAZON/IROBOT PURCHASE WAS QUESTIONED BY THE EU BECAUSE IT'S AN ANTITRUST ISSUE THAT DEATON APPARENTLY SUPPORTS....DEATON BLAMED SENATOR WARREN...WRONG! MORE DEATON LIES!
DEATON CAMPAIGNED TO GET REPUBLICANS ELECTED...
DEATON IS BRAIN DEAD ABOUT CONGRESS...THINKS BECAUSE THE SENATE HAS A SIMPLE MAJORITY, A NATIONAL ABORTION BILL WOULD PASS....HUH? MAGA GOP CONTROL THE HOUSE....DID HE NOT NOTICE? UNINFORMED BLABBER!
DEATON IS UNINFORMED ABOUT THE CLIMATE CRISIS...
DEBATABLE — Elizabeth Warren and John Deaton clashed over immigration, abortion and cryptocurrency regulation in a spirited debate, their first of two before Bay Staters can head to the polls for early voting this weekend. Both got some lashes in and came away with some memorable moments.
WHO’S EXTREME — Both candidates looked to tie each other to the far ideological elements of their party. Deaton accused Warren of being “extreme” on immigration, highlighting her vote against the bipartisan border bill that would’ve sent much-needed money to states like Massachusetts dealing with an overwhelming influx of migrants.
Warren parried by reminding viewers that former President Donald Trump had a hand in killing the bill in the House, and emphasizing the role Republicans played in stymying immigration reform. The only way to address the immigration crisis, Warren said, is “by cutting off extremist Republicans and actually coming together and fixing it.”
Often Warren didn’t directly accuse Deaton — a moderate who’s distanced himself from the party — of holding extreme views himself. Instead, she pointed to other members of the GOP and warned that sending even a moderate Republican to Congress would empower those corners of the party.
TRUMP CARD — Warren did her best to yoke her opponent to Trump, describing his stance on immigration as taking "a page of the Donald Trump playbook.”
Deaton has no love for Trump. He’s criticized the former president even before he started running for office, has said he won’t vote for him this cycle and last night claimed he has been “even more critical of President Trump than she has been.”
But with the former president at the top of the ticket, Warren’s warnings about a Republican White House combined with GOP majorities in Congress may be enough to keep voters looking for fresh representation from wavering.
CHINA & OTHER NATIONS BANNED CRYPTO FOR GOOD REASONS -IT'S A SCAM! WARREN BUFFETT CALLED CRYPTO 'RAT POISON SQUARED.' THE EVIDENCE IS OUT THERE! 2 FDIC BANKS HAVE FAILED SO FAR DUE TO CRYPTO - MEANING TAXPAYERS WILL FUND THOSE BAILOUTS!
THE CRYPTO CANDIDATE — Deaton, whose campaign has been bolstered by a PAC funded by a few crypto executives, used a question about the topic to highlight his background, growing up poor and facing predatory banking fees. Crypto could “help unbanked people like my mom,” who he said struggled to have enough money for food for her kids.
And he slammed Warren, one of the industry’s loudest critics, for focusing on building an “anti-crypto army” over issues like immigration and inflation.
But Warren warned that the crypto executives supporting Deaton would be looking for a “return on their investment” if they helped lift him into office.
TESTING TIES THAT BIND — One area where Deaton is more aligned with Democratic Gov. Maura Healey than Warren is: keeping the MCAS exam as a graduation requirement for highschoolers.
Warren, a former professor, panned the requirement, saying that “one test is not a great measure for every kid” and attributing the quality of Massachusetts’ schools to its teachers.
2020 VISION — At points throughout the night, we got a glimpse of 2020 presidential primary Warren. The incumbent reprised a line she coined on the campaign trail when asked a question about combating high housing costs submitted by Hunter, a student raised in Massachusetts looking to move back after completing their education.
“Hunter, I have a plan for you,” Warren said. “And I actually also have a way to pay for it.”
And she got a few licks in against Trump. “I appreciate that Mr. Deaton has three daughters,” Warren said after Deaton explained his stance on abortion (he’s said he would vote to codify Roe into law, in part citing a desire to protect his daughters’ rights).
“The justices that set Roe vs. Wade on fire and burned it to the ground, collectively have 10 daughters, and Donald Trump has two daughters — that we know of,” Warren quipped.
GOOD WEDNESDAY MORNING, MASSACHUSETTS. Here’s another way to look at last night’s arguments:
THE CARPETBAGGER VOTED 3 TIMES IN 20 YEARS, HE'S ABRASIVE, OPINIONATED, UNINFORMED AND SEND HIM TO D.C. ? NOT ON YOUR LIFE! HIS ATTACKS HAVE BEEN DOCUMENTED -
"SHOOT FROM THE LIP!"
“I got news for you, Senator Warren: All of you suck in Congress. All of you,” Deaton said in an unscripted moment that captured the essence of his claims that Warren is too partisan and has been in Washington for too long.
Warren is banking on Bay State voters believing Democrats suck a little less.
TODAY — Gov. Maura Healey speaks at John Hancock’s Longer. Healthier. Better Symposium at 9 a.m. in Boston and is on GBH’s “Boston Public Radio” at 1 p.m. Lt. Gov. Kim Driscoll speaks at the Massachusetts Emerging Adult Summit at 9 a.m. in Norwood and chairs a Governor’s Council meeting at noon at the State House. Boston Mayor Michelle Wu hosts a town hall on her property tax shift proposal at 7 p.m. in West Roxbury. Rep. Lori Trahan highlights federal funding to preserve the historic Wright Tavern at noon in Concord. Sen. Ed Markey highlights federal funding at a Springfield Water and Sewer Commission Water Treatment Plant groundbreaking at 11 a.m. in Westfield, speaks at the Holyoke Health Center at 1 p.m. in Holyoke and gives remarks at the opening night of the the Climate Beacon Conference at 5:30 p.m. in Boston.
At Mass General Brigham, we harness the collective strength of our healthcare system to provide research-driven cancer care for the patients and communities we serve. Mass General Brigham is number one in hospital medical research. We perform the most cancer surgeries and have the most cancer specialists in New England. We have the region’s only proton therapy center and provide access to more than 1,000 clinical trials annually. We’re one against cancer. Learn more.
DATELINE BEACON HILL
SHEDDING THE TAXACHUSETTS TROPE? — The libertarian Cato Institute gave Healey a B in its “Fiscal Policy Report Card”for 2024, one of only two Democrats to score above a C in the think-tank’s rating that grades governors based on their taxing and spending policies. The other Democrat: Colorado Gov. Jared Polis. Healey was tied for the highest score among New Englanders (Vermont Gov. Phil Scott also earned a B). More from the Eagle-Tribune.
— “iLottery off to a very slow start,” by Gintautas Dumcius, CommonWealth Beacon: “The state’s online lottery is getting off to a much slower start than lawmakers forecasted, which is creating some budgetary headaches. When the Legislature passed a $58 billion state budget in July ... top lawmakers touted the iLottery as a new funding source for child care providers, with sales estimated at $100 million in fiscal year 2025, which ends next June 30. Treasurer Deb Goldberg announced a new timeline for the online lottery on Tuesday, saying the initiative will not launch until April 2026, near the end of fiscal 2026.”
— “Some families run out of time in Massachusetts' emergency assistance shelters,” by Sarah Betancourt, GBH News: “Hundreds of migrants who were issued notices back in July and August that they would have to leave Massachusetts’ shelter system in 90 days have now reached that limit. The move was part of a new legislation requiring emergency assistance shelter stays be capped at nine months. Thousands of families had already been in the system for many months when the time limit was implemented.”
FROM THE HUB
— “Hasbro eyes buildings in downtown and Dorchester for potential Boston headquarters,”by Shirley Leung, The Boston Globe: “Hasbro Inc. appears to have narrowed its headquarters search to roughly a half dozen locations in Boston as it considers relocating from Pawtucket, R.I., according to multiple people briefed on the matter. While no decisions have been made, the maker of Monopoly, My Little Pony, and Nerf is focusing its search on office buildings near South Station and the Southline complex on Morrissey Blvd. in Dorchester, according to sources in the real estate industry.”
TAX SHIFT ON THE TRAIL — Boston Mayor Michelle Wu wasn’t looking for a fight when she said Boston residents would know the Legislature would be to blame for a jump in their tax bills, but she’s making good on the promise.
Wu is kicking off a series of town halls, starting with one tonight in West Roxbury, to talk about her property shift proposal with residents across the city. A similar event is on tap for tomorrow in Charlestown.
WHAT'S ON CAMPBELL'S DOCKET
— “No details on when clergy abuse report might become public, or who objects to releasing it,” by Katie Lannan, GBH News:“A report into clergy abuse across multiple dioceses in Massachusetts, based on investigations that took place years ago under then-Attorney General Maura Healey, is still not available to the public. Andrea Campbell, who’s been the state’s attorney general since January 2023, said Tuesday that it’s out of her hands when or whether to release the findings.”
YAHD SIGNS AND BUMPAH STICKAHS
FIRST IN PLAYBOOK — Essex County Sheriff Kevin Coppinger has endorsed former Methuen City Councilor Eunice Zeigler in her bid for the District 5 Governor’s Council seat, according to her campaign.
— “Salem launches guaranteed-income program for 100 residents living in poverty,”by Craig LeMoult, GBH News: “Salem is the latest Massachusetts city to try to stabilize the lives of some of its lowest income residents by providing monthly cash payments, with no strings attached. The city announced Tuesday that it is launching a guaranteed income pilot program, which will give $500 a month over the next year to 100 residents living at or below the federal poverty line.”
— “Fall River teachers have gone a month without a contract. Now they're hitting the streets,” by Emily Scherny, The Herald News: “Educators across the public school district have been working for over 31 days without a new contract. Now they’re taking a stand: on sidewalks, at Government Center and during City Council meetings. A compilation of signatures has graced Mayor Paul Coogan’s and city councilors’ desks, demanding fair compensation, an inclusive parental leave policy and ‘language that respects the expert judgment of Fall River public school educators,’ reads a statement in a Fall River Educators’ Association press release.”
— “Fall River City Council ramps up homelessness efforts after being ‘ambushed’ by outcry,” by Emily Scherny, The Herald News: “City councilors are grappling with the issues of homelessness and the lack of affordable housing before temperatures drop below freezing and wintertime resources become scarce. With their passage of an ordinance barring homeless encampments coupled with particularly combative public comments heard during a three-hour City Council meeting on Sept. 10, attempts are being made to take corrective action.”
MEANWHILE IN NEW HAMPSHIRE
— “New Hampshire candidate has long opposed same-sex marriage rights,”by Brooke Migdon, The Hill: “New Hampshire Republican congressional candidate Russell Prescott has long advocated against marriage rights for same-sex couples and once criticized a political opponent for believing ‘avowed homosexuals’ should be allowed to become adoptive or foster parents, The Hill has learned. Prescott, a former state senator and executive councilor, is challenging Rep. Chris Pappas (D-N.H.) for one of the state’s two House seats.”
HEARD ‘ROUND THE BUBBLAH
TRANSITIONS — Jason Wingard has joined the Social Finance Institute as a senior advisor.
HAPPY BIRTHDAY — to state Rep. David Linsky, Steve Roche, Daily Hampshire Gazette alum Mike Connors, Andrew Zimbalist and Ron Jordan. Happy belated to former state Rep. and GOP LG candidate Leah Cole Allen, who celebrated Tuesday.
A message from Mass General Brigham:
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The vision for Mass General Brigham is to build a world-class center of cancer care, with the patients at the center of everything we do. New collaborations, new treatments, and innovative approaches. Leading to new hope and possibilities. At Mass General Brigham, we’re one against cancer. Learn more.
Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.
Former Clark County Sheriff and longtime Republican operativeJamey Noel could spend upwards of a decade in prison after a judge accepted his guilty pleas to more than a dozen felony charges in court Monday. The plea deal brings a close to Noel’s portion of the case — dubbed the largest in agency history by state police — but other investigations are ongoing.
Noel was originally charged with 31 felonies for allegedly misusing money from the fire and EMS departments which he oversaw. He pleaded guilty to 27 of those in August.
Special Judge Larry Medlock, of Washington County, officially accepted Noel’s plea following two hours of victim testimony in open court on Monday. Twenty-one statements were provided, including from members of law enforcement who formerly worked with or under Noel, and by Hoosiers in Clark County and neighboring communities whose lives have been “upended” by the former sheriff’s actions.
In many cases described, it was Noel’s mismanagement of millions in taxpayer dollars which victims said will scar their families and communities for “years to come.”
“As firefighters, first responders and public servants, we take a higher oath. We are held to a higher standard of integrity,” said Roger Montgomery Jr., a first responder who worked for Noel from 2005 to 2011. Montgomery said firefighters and paramedics lacked proper equipment under Noel’s command, and that emergency personnel were tasked with driving Noel’s personal “limousines,” sometimes leaving just one firefighter on duty — and “putting citizens’ lives in jeopardy.”
He said, too, that non-emergency transfers were often prioritized over 911 calls because those runs netted “more money” from Medicare and Medicaid.
“Jamey Noel has betrayed the trust of the public, and any first responder — or anyone else that’s ever worn a badge and taken that oath,” Montgomery continued. “He did so knowingly and willingly for personal gain, and that personal gain was put ahead of patients and the lives of the people that worked for him.”
Jamey Noel reads a prepared statement on Monday, Oct. 14, 2024, at a Clark County Circuit Court hearing in Jeffersonville, Indiana. (Casey Smith/Indiana Capital Chronicle)
Noel, who appeared in court shackled and wearing an orange jumpsuit and pink handcuffs, was mostly expressionless at the defense table during Monday’s hearing, though he broke into tears after a letter — written by his niece — offered a stark rebuke: “Grandma and grandpa would be very disappointed.”
Noel was also emotional as he read a prepared statement, which mostly emphasized his family’s innocence.
“It’s all my fault. … (My family) were victims of my deceit, like everyone else, and I hope they can forgive me,” Noel said before reciting a Catholic prayer.
Noel agreed to plead guilty to charges of theft, money laundering, corrupt business influence, official misconduct, obstruction of justice and tax evasion. Four charges of ghost employment were dismissed as part of the plea agreement.
“You’ve tarnished the badge and failed everyone in law enforcement,” Medlock told Noel just before sentencing. The judge said he would have preferred a harsher sentence, but worried that doing so could make the case ripe for an appeal.
Noel now begins a 15-year prison sentence with three of those years suspended to probation. With approval from the judge, Noel will get credit for time served, beginning June 8. Per state law, Noel could shave time off his sentence with good behavior in prison, leaving him to serve roughly nine-and-a-half years behind bars.
Victims address the court
Additionally included in the plea deal is an agreement for Noel to pay back more than $3.1 million in public funds: $2,870,924 to the Utica Volunteer Firefighters Association; $61,190 to the Clark County Sheriff’s Department; $173,155 to the Indiana Department of Revenue; and $35,245 to the Indiana State Police.
Noel is also subject to a $270,000 fine determined by Medlock, who tacked on $10,000 for each guilty count.
Noel agreed to the plea deal nearly a year after he was arrested and Indiana State Police investigators raided his home in southern Indiana.
Noel posted a $75,000 bond in November 2023, but has been held in the Scott County jail since April after Medlock raised his bond to $1.5 million. The case was originally scheduled to go to trial in November.
Indiana State Police Superintendent Doug Carter provides testimony during a court hearing on Monday, Oct. 14, 2024, at the County Circuit Court in Jeffersonville, Indiana. (Casey Smith/Indiana Capital Chronicle)
Using findings from a long-term Indiana State Police investigation, state prosecutors alleged Noel used millions of taxpayer dollars from the Utica Volunteer Firefighters Association and New Chapel EMS to buy cars, planes, vacations, clothing and other personal luxury purchases. Investigators said public funds were also used to pay for college tuition and child support.
The disgraced former sheriff additionally admitted to tasking county employees with jobs related to his personal collection of classic cars. At least 40 vehicles were confiscated by law enforcement, including a bevy of classics, such as two 1970 Plymouth Superbirds, a 1959 Corvette, and 1966 and 1968 Chargers, according to search warrant returns.
Court documents further point to at least $33,000 worth of public funds used by Noel to make contributions to various Republican candidates and campaigns between 2020 and 2023.
Indiana State Police Superintendent Doug Carter, who addressed the court on Monday, recalled conversations about money management with Noel as far back as 2015. But Carter said Noel searched for power, control and money, rather than striving to build “public trust.”
“Politics should never be the number one priority … but it was for Jamey,” Carter said.
Noel’s wife, Misty – who has since filed for divorce from her husband — and daughter, Kasey, separately face charges of theft and tax evasion. Both have pleaded not guilty. A Oct. 28 trial date was pushed back Monday afternoon. The court has yet to indicate a new schedule.
What comes next Noel
Indiana Gov. Eric Holcomb said in August that a pardon for Noel would not come from his administration.
The governor — a longtime associate and friend of Noel’s — said that pardoning procedures would require a review of the conviction and sentencing. Such a process, Holcomb added, “would be way after my term concluded … years down the road.”
The governor did not immediately reply to a request for comment after Noel’s sentencing.
Noel led Holcomb’s campaign in 2016 and was part of his transition team. He also served as chairman of Holcomb’s reelection bid and, prior to Holcomb, attended President Donald Trump’s inauguration in Washington, D.C. on a personal invitation from former Gov. Mike Pence, who was Trump’s vice president.
Noel additionally faces several civil cases, including two lodged by Indiana Attorney General Todd Rokita in an effort to force Noel to pay back the state agencies he allegedly took public funds from to pay for personal spending.
In one lawsuit, Rokita said Noel should be required to reimburse the Clark County jail commissary fund more than $900,000 for “funds misappropriated, diverted, or misapplied”, which were cited in an audit report filed by the State Board of Accounts in February.
Rokita also requested a restraining order that would temporarily restrict Noel from selling real estate properties, stocks and bonds, vehicles, firearms, clothing and jewelry while the attorney general’s legal challenges are pending.
A May court ruling prohibited the Noel family from selling any assets. The civil cases are still ongoing, and the next hearing is set for Nov. 13.
Separately, Noel also faces a lawsuit filed by the children of his deceased brother, Leon. They allege that Noel stole from their inheritance when he managed their father’s estate.
It remains uncertain whether Noel will qualify for public pensions. State officials told the Capital Chronicle last month that Noel’s state police service could qualify him for retirement benefits, but Carter told reporters Monday that Noel previously received only a “separation benefit” because he did not meet the agency’s pension requirements.
Even so, Noel could retain eligibility for benefits at the county level.
Special Prosecutor Ric Hertel, of Ripley County, said in a news briefing after the hearing that he was not sure what could transpire with potential pensions but said he’s awaiting further direction from the court on the restitution process.
Tuesday was the first day of early voting in Georgia. NPR’s Stephen Fowler reported that by 10:29 a.m. more than 71,000 Georgians had already voted. By the end of the day, the Atlanta Journal Constitution’s Greg Bluestein was reporting that “more than 300,000 Georgians cast ballots on the first day of early voting - *obliterating* surpassing the previous record.” Georgians got out and voted.
Tori Silas, the Chair of the Cobb County Board of Elections and Registration told me that she’d heard there were some early problems with equipment when the polls first opened Tuesday morning at 7:00 a.m. By 8:15 a.m., when she drove by to check out a local polling place, there was a line wrapped around the building with waits of up to 90 minutes to vote, while election workers sorted the problem out. Silas told me people stayed in line so they could vote.
As early voting was getting underway, Fulton County Superior Court Judge Robert McBurney was gearing up to take action in two of the election-related lawsuits in front of him. The bottom line: The good guys won today in Georgia—the people who want our elections to be conducted fairly and to ensure that when a voter casts a ballot, it will get counted.
Bear with me because there is a lot to get through tonight, but each of these cases is worth your time and attention.:
In Adams v. Fulton County, Julie Adams, a member of the Fulton County Board of Registration and Elections (FCBRE), asked the court to confirm she wasn’t obligated to certify the results of the election in her county.
We’ve discussed this issue before. The law is reasonably clear in this area. Certification is not something within the discretion of election officials, who are referred to as superintendents under Georgia law. Once the count is completed, they must certify it.
Judge McBurney confirmed this, writing: “some things an election superintendent must do, either in a certain way or by a certain time, with no discretion to do otherwise. Certification is one of those things.” Election officials conduct the counting of ballots, but once they are done they, “shall tabulate the figures for the entire county or municipality and sign, announce, and attest the same.”
This makes sense. There is abundant opportunity to explore any irregularities or challenges to the process, and they are guaranteed by Georgia law. For instance, a candidate can bring a challenge after the county certifies but before the states does, which is the next step in the process. The pretense that fraud or abuses could go unaddressed before the election results are final is simply incorrect.
Apparently a “Lord of the Rings” fan, Judge McBurney noted in a footnote in his opinion that only lawyers could try to argue that where Georgia law says “shall” certify, “shall” means something other than it must be done. He wrote: “As only lawyers (and judges) can, we have muddied and mangled the meaning of the word ‘shall’ in our business. To users of common parlance, ‘shall’ connotes instruction or command: You shall not pass! And, generally, even lawyers, legislators, and judges, construe ‘shall’ as ‘a word of command.’” Gandalf has spoken, and at least until Georgia’s appellate courts get their hands on McBurney’s decision, county boards must certify their results once the count is complete.
Of course, there has been concern that MAGA supporters in positions of power might refuse to certify election results, throwing the outcome of the presidential election next month into doubt. But courts understand, even if politicians don’t, that shall does mean shall, and we can expect that if some officials refuse to certify, lawyers for the campaign will be quick to go to court to force them to comply with the law.
Cobb v. Georgia, also being heard in Fulton County Superior Court, is a challenge to six rules recently adopted by the State Election Board, including a rule requiring a hand count of ballots that would not go into effect until midway through the early voting period.
After a hearing today, Judge Robert McBurney, who is also assigned to this case, concluded that it was too close to the election to make a change like this and enjoined the hand count rule from going into effect for this election.
Something that you have to understand about the hand count is that it’s not a manual tally of the actual votes people cast. Rather, it’s a count of the numbers of ballots themselves, to make sure that the number of paper ballots, to be counted out into stack of 50, matches the amount of ballots cast in each precinct.
His decision:
“Today, the status quo is that there is no Hand Count Rule; it does not go into effect until 22 October 2024. Today is also the first day of early voting and only three weeks away from the general election. Should the Hand Count Rule take effect as scheduled, it would do so on the very fortnight of the election. As of today, there are no guidelines or training tools for the implementation of the Hand Count Rule. Nor will there be any forthcoming: the Secretary of State cautioned the SEB [State Election Board] before it passed the Hand Count Rule that passage would be too close in time to the election for his office to provide meaningful training or support … ; after passage and the unsurprising efflorescence of suits such as this one, the Secretary reaffirmed his inability to provide last-minute logistical support for the last-minute rule.”
He explained:
“[T]he public interest is not disserved by pressing pause here. This election season is fraught; memories of January 6 have not faded away, regardless of one’s view of that date’s fame or infamy. Anything that adds uncertainty and disorder to the electoral process disserves the public. On paper, the Hand Count Rule -- if properly promulgated -- appears consistent with the SEB’s mission of ensuring fair, legal, and orderly elections. It is, at base, simply a check of ballot counts, a human eyeball confirmation that the machine counts match reality. But that is not what confronts Georgians today, given the timing of the Rule’s passage. A rule that introduces a new and substantive role on the eve of election for more than 7,500 poll workers who will not have received any formal, cohesive, or consistent training and that allows for our paper ballots -- the only tangible proof of who voted for whom -- to be handled multiple times by multiple people following an exhausting Election Day all before they are securely transported to the official tabulation center does not contribute to lessening the tension or boosting the confidence of the public for this election. Perhaps for a subsequent election, after the Secretary of State’s Office and the 150+ local election boards have time to prepare, budget, and train -- but not for this one.”
The new rule passed at this late date would have been a nightmare for election officials to implement. Fulton County alone has 400+ precincts. The new law would have required three people in each precinct to conduct the count, so more than 1200 workers. But those people wouldn’t have received any training on conducting the hand count. Instead of the normal procedures where, once election days ends, the doors are locked and ballots are secured for transportation, polling places would have been required to accommodate members of “the public” who wanted to observe the process as they conducted the count. Election workers who had been on the job since as early as 5:00 a.m. would have to do the count without any guidance on how to separate themselves from observers for both their safety and the security of the ballots. They would have had to confront issues like where the resources for hiring security were going to come from and whether observers could take photos in the highly polarized environment that resulted in upheaval in the lives of Georgia election workers Ruby Freeman and Shaye Moss in 2020. It would have been, as we say in the South, a hot mess.
But it’s also unnecessary. The number of voters and ballots cast is reconciled throughout the day. There is a count when voters show up and register on poll pad machines. The Ballot Marking Devices (BMD) machine that marks ballot keeps a count. And because the BMD prints out paper votes that are scanned, there is also a scanner count. In other words, there are periodic checks to make sure the numbers match up.
So why go to so much trouble to require a duplicative count and create a lot of chaos after the election is actually underway? The law was passed in the face of overwhelming objections from the Georgia Association of Voter Registration and Election Officials (GAVREO), the people responsible for administering Georgia’s election. How did it get passed? The three individuals on the State Board who voted to adopt it are the same three who got a shout out from Donald Trump when he was in Georgia for his August rally. We discussed that situation at the time in this post.
I asked Ms. Silas what she wanted people to understand about the election litigation in Georgia. She told me she wanted people to know that “election administrators and poll workers are dedicated to ensuring open, fair, transparent elections, and while we respect rules, adopting rules at the last minute that appear to only sow confusion is not a path forward. We thought this rule was a solution looking for a problem … Georgia voters can have confidence they will have safe, fair, transparent, and accurate elections.”
At the end of the day, there was also good news, at least partially, out of Alabama. Judge Anna Manasco, a Trump appointee, ruled that Alabama’s Secretary of State had to stop removing people from the voter roles based on his belief they might not be citizens. It’s the new Big Lie being set up to explain a Trump loss: “illegal aliens” are registering to vote. But of course, it’s just another lie.
Judge Manasco pointed out these people had been referred to Alabama’s attorney general for criminal investigation as part of the process. That obviously has an impact on an eligible voter, especially a new citizen who wants to make sure they don’t do anything illegal. It can step on whether they feel able to exercise their right to vote. But while she said the removals had to stop between now and the election, she declined to go further than that, leaving Alabama potentially free to recommence the removals after the election.
So far, 2,074 of the 3,251 people who received removal notices have been determined to be eligible to vote. And that’s just so far.
Tuesday was several months worth of litigation all in one day. And there’s more coming.
