Democrats in Georgia have lost their effort to block two Republican commissioners from sitting on Fulton County’s Board of Elections because of their political views. What is most striking about this effort was not just the raw partisanship but the utter lack of legal authority of Democrats to refuse to recognize the duly selected GOP members.
For months, the board has blocked two Republican nominees: Jason Frazier and Julie Adams. Fulton County Commissioner Marvin Arrington declared that “I think the Republican party ought to take a look at their people and not nominate people that are on the far right and nominate people that are in the center.”
While self-proclaimed defenders of democracy often seem to have no qualms about curtailing democratic choices from ballot cleansing to jurisdiction flight, this is particularly raw and outrageous. There is no law supporting this action and the state law is clear on the need to seat the GOP commissioners.
Under the state law, two members are appointed by the Democratic party, two are appointed by the Republican party, and a chairperson is selected by the Fulton Commissioners.
On Monday, Fulton County Superior Court Senior Judge David Emerson crushed the claims by the majority that they possessed a veto over GOP commissioners despite the law saying that the commissioners “shall” be seated. It is difficult to see how any competent lawyer would support this legal claim.
Emerson stated the obvious that the Fulton County Commission did “not have the discretion to disapprove an otherwise qualified nominee.” The court points out that higher courts have repeatedly rejected the argument of the Board that “shall” does not mean “shall.” Instead, they claimed that it is merely “directive” and allows them to choose who the other party will sit on the board.
The frivolous character of the Board position is captured in this line: “The court also notes that the appointment statute contains no provision to support the respondents’ position that it should have the power to veto any given nominee and force the county chairperson to submit other nominees.”
The two challenged commissioners have been denounced as far-right or “election deniers” by Democrats. In other words, the commissioners are claiming that they can bar members based on their political views to force the GOP to select commissioners that they consider acceptable. Commissioner Mo Ivory insisted in the board’s meeting that “It’s not possible to work with folks trying to sow discord and chaos”
Judge Emerson had enough, writing that “the lack of these appointments harms the election process and deprives the nominating party of representation on the BOE.”
Here is the order: Fulton County Board of Elections Order
OT So-called “Sanctuary States” are illegal unconstitutional REBEL states.
Rebel scum!
Dims being despicable. So what else is new?
Made me think back to the way the J-6 commission was packed by Commissar Pelosi after refusing to seat duly appointed Republicans …..
Beat me to it. That was my instant thought. Plus, if you care to look it up, in the budget “negotiations” when they had both houses, she specifically rejected any House Republican from even being in the same room. She stated that they did not need Republican input for the budget.
They gave Replicans the opportunity to appoint members. They rejected the choices they wanted because the choices were just bomb throwers and members who would make argument in bad faith. Pelosi gave Republicans another chance to pick others besides the troublemakers. Republicans chose not to nominate any members so they effectively chose not to be in the committee.
Democrats had control at the time and they set the rules. Republicans didn’t want to abide by the rules so they took their ball and went home after not getting their way. Democrats gave Republicans the opportunity to choose others besides the bomb throwers and conspiracy theorists.
Oh please whatever your name really is, look it up. The Republicans had the right to select whomever they wished to serve on the committee. Pelosi rejected the selectees out of hand, your descriptions, “bomb throwers, etc” notwithstanding. After she rejected the replacements she shut the door. It was the agenda from the beginning. She actually said that they did not need or want any Republican input on the budget.
Don’t bother with George the serial liar.
-and georgie/gigi tries to copycat someone yesterday who referred to some Democrats in Congress as “firecrackers.”
Does George the serial liar have no shame at all? Seriously George, you’ve been proven again and again to be liar. Why should anyone read a word of what you post here?
how did Republicans “not abide by the rules,” Goerge?
Why ask her anything, she’ll just lie yet again. It’s all she’s good at, lying and deflecting her lies.
“They gave Replicans the opportunity to appoint members. They rejected the choices they wanted because the choices were just bomb throwers and members who would make argument in bad faith.”
This is the same canned phrase George used with the appointment of Republicans to the J6 committee. For all I know, the words are identical. The phrase is fascist, where George represents himself as prosecutor, judge, and jury. This makes George as valuable as a dead Nazi.
S. Meyer,
He has the credibility of a dead Nazi.
We all know the reason why Pelosi rejected the Republicans picks, they would actually ask questions, challenge the J6 committee narrative and point out how much of a circus show it really was.
Pelosi could not have that. So, she rigged it. Anyone with any degree of common sense could see that.
Never underestimate the Party that loved Castro and Chavez.
“Never underestimate the Party that loved Castro and Chavez.”
Past tense? You sure? They still celebrate Mao, the worst butcher in human history, for crying out loud.
You can’t say it enough, if it weren’t for hypocrisy, the dems would have no values at all.
Atlanta long ago turned into Zimbabwe. All of our larger cities are spiraling downward.
And we only have democrats and their “Great Society” legislation that saddled us with the welfare state and all the destruction that followed; both economic and social malfunction that will be nearly impossible to undo without a great amount of pain and a hard slog. Imagine all the blue urban cesspools eruption in chaos if those EBT cards were shut off and the law was strictly enforced.
I watched Senator Daniel Patrick Moynihan (D-NY) speak against the bill on the Senate floor. He accurately predicted the results that we are seeing today. It was his speech that convinced me to change my registration to the Republican Party. I was all of 18 at the time. I knew then that the democrats were bad for the country. They are even worse today.
In an era when anyone a centimeter to the center is condemned as ‘far right’ this is all particularly ludicrous. It’s also beyond played out, it has no impact anymore. In addition to looking an awful lot like a regime, our modern left would all appear to be spoiled children as well. Ridiculous.
Democrats are becoming their own version of Islam. “There but one law: Ours.”
I’ve noticed the similarity between woke progressive tools (those who have been completely indoctrinated and fanatical in their cultish ways) and the same traits in those who would strap on backpacks of dynamite and kill themselves for allah – same sort of mind controlled personality type and both can prove to be equally lethal to life and society in general.
“I think the Republican party ought to take a look at their people and not nominate people that are on the far right and nominate people that are in the center.”
To them, anyone to the right of Hitler, Stalin, or Mao is far right.
@Upstate
Failed to notice you beat me to it. You sir, are correct.
James,
Great minds think alike!
Exactly. When was the last time any Dem anywhere nominated anyone for anything who was in the center? All they do is nominate people from the far left. They seem to be stumbling over each other to prove who can be the farthest to the left. If there is any Dem still in the center they are either stupid or asleep or both because the Dem party they joined decades ago is not the Dem party of today.
R’s are the worst at suppression and censorship. Turls, you’re bringing up this deflection when Texas is trying to revoke a D reps office and the current president sits in office illegally. Hilarious.
Wonder how crazed these 2 R candidates are?
GIGI nobody cares about you and your rantings. Go get your ramen ration, loser.
Thanks for reading. And caring. Although Gigi and I are different people. Much as I love the fact you’re paranoid enough to think we’re the same person.
That’s okay GIGI you can keep lying, you’ll still be a pathetic loser who trolls the blog of a successful law professor, sitting in the basement, trying to earn your ramen ration for the day.
No Texas is following State Law. What they are doing is not even close to the F rating Ill has gotten and other Blue States! Republicans are finally catching up to what the Dems have been doing for years! If you don’t believe me take the time to sit down and look at Ill, NY, Ca, NJ, NV, NM, MN, MI and the list goes on and on!
@lynna
Yup. Good list, I can vouch for a couple of them personally; one is my birth state. 👍🏼
ano
Follow the rules and that’s it, but libs NEVER do.
You’re the fish that common sense We The People throw back. Swim back to your cesspool and don’t come back!
DOJ civil rights chief says Texas redistricting drama prompted by legal warning, not gerrymandering
“We took a look at Texas, and we found that four of their districts in Texas are comprised of these so-called coalition districts,” Dhillon said Tuesday on the “Just the News, No Noise” TV show. “In other words, to get to a special minority district, you have to add together multiple minorities or count on a certain percentage of a crossover white vote. And this is too complex, too weird and too inconsistent with equal protection.
“So we wrote to Texas, telling them that even though that law had been struck down a couple of years ago, their districts were now not in compliance with the Federal Voting Rights laws, and so they needed to take action to fix them,” she added. “That is what triggered the Texas Legislature and the Texas governor to call the legislature into session to put new maps together.”
https://justthenews.com/government/federal-agencies/harmeet-dhillon-says-texas-redistricting-fight-began-after-prompting
Upstate Farmer: Your addition today should go to the head of the class.
Thank you for the reference and link, which I likely would not have seen or known otherwise. The MEDIA continues to spread the version of “Trump ordered Texas to get five more seats,” —the same way MEDIA claimed, “Trump ordered GA’s Kemp, “Just find 11,780 more votes.” Media lost on that one, and I assume it/they will lose on this one too.
Lin,
You are welcome!
When our annoy mornons make for dumb, I take it as an opportunity to point out facts they cannot refute and to inform intelligent people, such as yourself. That is why the annony mornons get so upset at me. I, unlike them, have credibility, respect from the much smarter commenters here on the good professor’s blog, such as yourself.
2nd it.
upstate, re-post this under the other JT post today about gerrymandering it will get more views.
Perhaps the most appalling thing about this is the length of time they got away with it.
Because democrats are becoming communist.
@threeper Rob – “Becoming” you say. Look back for the past 20 years or so to get a perspective on what happen to the Dem party. There is no Democrat party.
“There is no Democrat party.”
Obama destroyed the party. What is left is a bunch of freaks and communists. Morons who still robotically vote D need to wise up already.
It’s the same old thing, we’ll do what we want to do, damn the law, if you don’t like it take us to court, until then we’ll do what we want to do. The republicans to this day haven’t learned to play the game.
Margot
The republicans to this day haven’t learned to play the game.
_________________________
The republicans to this day haven’t learned to FIGHT! Until Trump showed up. Yet some of them have no back bone
@Dustoff – 👍
It appears that the Fulton county commissioners were hoping for a judge cut from the cloth of boasberg. Of course, the same leftist attitude fails to understand the second amendment. The right to keep and bear arms SHALL Not be infringed.
That’s the Atlanta I remember. Horrible.
Where’s Sherman when you need him??
Comment of the day!
“Where’s Sherman when you need him??”
Alternatively, the Atlanta of today could be viewed as the ultimate *result* of Sherman’s actions…
Is this a derivative of when Bill Clinton argued over the meaning of “is” in some testimony ?
His acolytes are only following his example.
so when do we start jailing DEMOCRATS for their breaking of LAWS?
When a political party is allowed to change the meaning of common nouns such as male and female . . . Is it any wonder that they feel empowered to change verbs like, “shall?”
“All other parties are a threat to democracy” That’s what the Soviet puppet comunist parties said in 1946-7 in Eastern Europe. Their playbook hasn’t changed.
Nothing says “protecting democracy” like blocking your political opponents
“Nothing says “protecting democracy” like blocking your political opponents”
You will vote from the pre-approved candidate list and you’ll like it, comrade.
The GOP is not blocking. Just playing the same game as the dems play.
Whig98,
Not only blocking political opponents but also ignoring things like the law where a court or judge beats you down. Correctly.
But isn’t that what we have come to expect from democrats? Why would this be any different than the russian hoax or the denial of the laptop? Business as usual for them. It’s just that they haven’t fully comprehended that America is not willing to put up with it any longer and the dems feel that this just isn’t fair.
*. Sometimes people are just stupid. Look at the dems in Texas running to Illinois. They talk in cliches. Stupid isn’t a virtue or a vice. It exists on its own. It’s on the SCOTUS , too. Stupid is everywhere now.
Look at the poor woman , Holly, nearly beaten to death in Cincinnati. She’ll never recover but a councilwoman said they were begging for a beat down. Maximum stupidity achieved, US.