The Madison Forum was pleased to have Attorney Brad Carver, Madison Forum Member, speak at the monthly luncheon meeting, Saturday, April 24th at the “Semper FI Bar & Grill, 9770 Main Street (Canton RD), Woodstock, GA.
Brad spoke about “The Georgia GOP State Election Task Force and GA SB 202: The Georgia Election Integrity Act of 2021.”
Brad Carver is a Partner at HALL BOOTH SMITH, P.C, as well as the Senior Managing Director of HBS Government Affairs and is a member of the Government Affairs; Energy, Regulatory and Utilities; Environmental, Mass Torts and Land Use; International; and Business Litigation practice groups.
He is the District Chairman of the 11th Congressional District, a member of the Executive Committee of the Georgia Republican Party, an alternate delegate to the 2012 Republican National Convention in Tampa, FL, and a delegate to the 2016 Republican National Convention in Cleveland, OH. Prior to Hall Booth Smith, P.C., Mr. Carver worked for Miller & Martin, Alston & Bird, the Georgia Municipal Association, and Georgia Power Company.
During law school, Mr. Carver deployed with the Army to Tuzla, Bosnia, from May 1996 to January 1997 as the Commander of a Detachment of the 341st Adjutant General Co. and was awarded the Meritorious Service Medal. In September 2003, Mr. Carver returned to Atlanta from a 14-month tour of duty in Kuwait and Iraq where he supported 3rd Army as the Deputy Chief of Staff for Personnel. He was awarded the Bronze Star Medal for exceptionally meritorious service during combat operations in Afghanistan and Iraq during Operations Enduring Freedom and Iraqi Freedom.
Mr. Carver retired after 28 years of service at the end of 2018 from the U.S. Army Reserves in the rank of Lieutenant Colonel, with his last duty position being Team Leader at Fort Rucker, Alabama.
The Georgia runoff election on January 5, 2021, should NOT be certified because it violates the Georgia Constitution in at least two ways.
Problem 1. Failed requirement for a “secret ballot”.
The Georgia Constitution clearly specifies:
“Paragraph I. Method of voting. Elections by the people shall be by secret ballot…”
https://law.justia.com/constitution/georgia/conart2.html
Problem 2. Voters in a runoff election must have been eligible to vote in the general election.
The Georgia Constitution clearly specifies:
“Paragraph II. Run-off election. A run-off election shall be a continuation of the general election and
only persons who were entitled to vote in the general election shall be entitled to vote therein;”
These provisions of the Georgia Constitution were violated in the runoff election of January 5, 2021.
Regarding Problem #2, new voters registering after the general election on Nov.3 were NOT eligible
to vote in the runoff election on January 5
…. but still the GA Secretary of State website told people that they could register up until Dec. 7.
georgia.gov/vote-2020-runoff-elections
(Note: this website formerly stated Dec. 7 but has recently been updated… and is still giving
information that contradicts the Georgia Constitution.)
The WSB-TV website also told the public:
“Just because you weren’t registered for the general election doesn’t mean you can’t vote in the U.S. Senate runoffs in Georgia.”
“Voters did not have to vote, or even be registered to vote, in the Nov. 3 election to take part in the federal runoff elections on Jan. 5. You did have to be already registered in order to vote in state or local runoff elections.”
https://www.wsbtv.com/news/politics/did-you-know-you-can-still-register-vote-georgias-us-senate-runoffs/
On January 11, I filed a complaint on the website of the Georgia Secretary of State, and specifically asked for a reply
with the information for how many new voters registered after the general election on Nov. 3 and then proceeded to
vote in the runoff election on January 5. I have not received that answer. However, it would be possible for your
organization (and others) to find an answer to this question of number of ineligible voters for the runoff election
by requesting a copy of the voter rolls, for sale from the Georgia Secretary of State, here:
https://sos.ga.gov/index.php/elections/order_voter_registration_lists_and_files
You can see on the above website that the Voter Registration Lists and file shows a lot of data fields for each voter, including:
full name, address, registration date, last voted date, and last voted party.
So, you could check this list to see how many people have “registration date” after Nov.3 and also have “last voted date”
as Jan. 5. But you need to obtain this list soon, before the next elections which would overwrite the field for “last voted date”
and so remove the evidence.
Now, let’s consider the first problem: failed requirement for a secret ballot.
You can see on the above website that the Voter Registration Lists and file shows a lot of data fields for each voter, including:
full name, address, registration date, last voted date, and last voted party. The fields for “Date last voted” and “Party last voted” are shown in the 1st column (15 items up from bottom of list).
So, if the State knows which party I voted for in the last election, then my ballot was not secret. Not only does the State have my voting record (useful for blocking opposing party from government jobs), but my neighbor, who is politically active, can order
the local voting list by county and then see exactly who voted for which party. Employers can do the same.
How does the State obtain the data for “party last voted” for a person’s record, to put into this data file?
Well, if you pay attention to what happens at your local voting station, you will see how this could be done:
The polling attendant asks for your ID, enters your ID into a computer and calls up your record on the computer screen as you stand there in line to vote, then the attendant inserts a plastic magnetic-strip card into the computer which writes your ID onto the card,
then you take the card over to the electronic voting machine and insert the card, so the voting machine can attach your ID
to your voting choices, for the State’s records.
This procedure feels like voter intimidation, the same as having a State agent standing there and looking while you vote.
Anyway, the Georgia voting procedure is unacceptable and violates the Georgia Constitution.
I hope that your organization will obtain the Voter Registration List soon (before the evidence is overwritten) and check it as I have outlined here.
Thank you.