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DEL.ICIO.USRoy Barnes jumps into the race for governor
If not as a candidate, then as a fly in the Republican ointment
The Atlanta Journal-Constitution
Not enough has been made of the entry of Roy Barnes of Mableton into the 2006 race for governor.
Not as a candidate, mind you. But as someone out to upset an apple cart belonging to a certain Sonny Perdue.
Last week, the former Democratic governor filed a lawsuit in DeKalb County Superior Court - note the venue - challenging the 2006 version of the voter photo ID law passed by a Republican-controlled Legislature earlier this year.
The 2005 version has already been challenged in federal court. The lawsuit at that level argues the statute is discriminatory and violates the Voting Rights Act. In early rounds, a judge has given the lawsuit an encouraging reception.
The Barnes action, formally filed on behalf of a Lithonia woman, attacks the cleaned-up, 2006 version of the voter ID act. But it does so from a state rather than federal point of view.
It’s designed to bring the voter ID issue before the Georgia Supreme Court for a final and quick decision. Remember that Georgia’s anti-sodomy law survived federal court challenges for several years. It was actually killed by Georgia’s highest state court.
The keystone of the Barnes lawsuit can be found in Article II, Section I, Paragraph II of the state Constitution. Anyone 18 and older, who meets residency requirements and hasn’t engaged in moral turpitude “shall be entitled to vote at any election by the people.”
In legal circles, “shall” is a very important word. It is a mandate, not a recommendation. The phrasing dates back to the era World War II, when photo IDs were a rare and costly thing.
It’s considered untoward for a former governor to criticize a sitting one. But Barnes comes close: “It’s not essential for members of the General Assembly or other high elected officials in the state to read the constitution of Georgia, but it is helpful from time to time.”
Perhaps this is the place to note that this lawsuit filed by a former governor, on a pro bono basis, is directed at a host of state officials, topmost among them Gov. Sonny Perdue, the man who ousted Barnes. It is a technicality. Perdue will never have to show up in a courtroom. But there can be symbolism in technicalities.
Barnes has already shaped his argument. Not only does the voter ID law add requirements not sanctioned by the state constitution, it is designed to give Republicans an edge in all future elections.
“I believe in partisan politics as much as anybody on the face of the earth. It’s the American way. However, what I don’t like is hypocrisy,” the former governor said.
Several authorities have identified absentee ballots as the most likely source of voter fraud in Georgia. “But we won’t do anything about absentee ballots because Republicans vote absentee,” Barnes said.
The Democratic contention is that by requiring a photo ID to be presented at polling places, the law discriminates against the people most likely to lack a driver’s license - the poor and the elderly.
“It’s really an income issue rather than a racial one,” Barnes said. “The talk down there amongst them is that this will cut 6 percent off Democrats.”
Barnes estimates his lawsuit could get a hearing by June. Just as the state is entering the summer political season.
Republicans don’t altogether mind that the voter ID issue percolates. It polls well among middle-class voters who spend their lives on Georgia’s highways, to whom a drivers license might as well be a microchip under the skin. And if a judge criticizes the law, well, that’s just more evidence of judicial activism.
But the Democratic advantages of this lawsuit are also clear. Four years ago, Barnes couldn’t match Perdue in the court of public opinion. Yet in a formal courtroom - a highly controlled environment where fund-raising advantages are irrelevant - the former governor is a master.
He’ll have a forum in which to rally African-Americans and older voters. He’ll be able to wax eloquent about what he sees as a Republican lack of respect for the rule of law. Barnes will be a favorite image for TV cameras, perhaps just as Perdue kicks off his campaign, reminding voters what they gave up in 2002.
The question is whether that’s enough to create a sense of buyer’s remorse.
Comments
Commenting is now closed for this entry.
By Debbie
April 16, 2006 07:11 PM | Link to this
Randy Evans is a brilliant legal mind and he help formulate the law so I do believe it will stand a legal challenge.
Roy Barnes and the Democrats are against fair, honest elections. They want fraud to be allowed. The license is free so the poor will be able to afford it. They can also vote absentee. This issue could be the lightening rod need to galvanize conservatives to turn out to vote.
It does not go against the Constitution. Some form of ID has been required for years and no one complained about THAT going against the Constitution.
I believe Supreme Court Justices should be elected in partisian elections as Alabama does. If they throw the law out, look for the legislature to be pressured to change it to partisian elections. The Justices still have to answer to the voters when they face re-election.
Look for a lawsuit to be filed on the federal level if it is thrown out.
By Ronin
April 16, 2006 08:56 PM | Link to this
The presumption that Debbie makes in her comment is that Republicans are for fair honest elections, yet they are addressing a “problem” that really isn’t a problem? If it were such a problem and Democrats were playing unfair, why are they out of power in the State House, State Senate and Governorship? That is some pretty faulty logic.
At the same time, several groups have identified absentee ballots as more of a problem than walk-in voting. There is no identification necessary for absentee ballots and the Republicans haven’t addresses this issue in the least.
So implying that Republicans are for “fair, honest elections” is absurd.
What’s more perplexing about “Debbie’s” argument is that she states that Randy Evans formulated the law so it should withstand legal challenge. Didn’t’ Randy Evans help author the first version of the bill? The same one that got threw out at the federal level just recently because it amounted to a poll tax? And poll taxes have been illegal for 40 years. Brilliant!
The state Supreme Court Justices are already elected (albeit in a non-partisan manner.) Everyone votes on the same set of ballots no matter what primary you vote in. What is the advantage of having a partisan system to elect judges? So you could attach simple labels to complex individuals who have to make even more complex decisions? The process seems to work now. In fact, I seem to remember a recent election cycle where the state’s Supreme Court race might as well have been partisan. The Republican Governor, Legislature and the like all publicly backed Grant Brantley for the position held Supreme Court judgeship held by Leah Sears. Sears was publicly backed by just as many prominent Democrats. Sears handily beat Grant Brantley. So I’m not sure how partisan elections would even help the Republican cause.
And as long as we are making predictions … I really doubt this issue will galvanize Republicans in the fall. Considering that most Republicans are pretty tired of their leadership being hypocrites about their positions … i.e. spending, immigration, eminent domain (see the Republican’s plan from 2005 involving SECRET takeovers of property for developer’s use … which they quickly flip-flopped after a public up roar over the issue). My belief is that it is unlikely that “voter id” would be enough to overcome the treason that voters feel towards Republicans on these issues.
By Leslie
April 16, 2006 09:13 PM | Link to this
I thought the new voter ID law made a provision that if you couldn’t afford an ID, the State would provide one free of charge. The only people who are complaining about showing an ID are either voting more than once or voting on behalf of the dead.
By Dave
April 16, 2006 10:59 PM | Link to this
It IS hypocritical if absentee-ballot voting isn’t reformed as well. But let’s just be honest and stop kidding ourselves — EVERYTHING in politics is partisan. YES, the GOP wants voter IDs to cut into Democratic voting. I’m sure the Dems would like a similar advantage.
Anyone who touts that his/her political party is always right (morally righteous) and the others are always wrong is either a LIAR or a FOOL — and probably a healthy dose of both.
As for this issue, I’m glad Barnes is taking a stand.
By Rick
April 16, 2006 11:29 PM | Link to this
I don’t know that I’d call Roy Barnes a “master” of the courtroom. That’s a bit of a stretch, and not the common view of actual lawyers who routinely go to court.
By B Chandler
April 16, 2006 11:30 PM | Link to this
Good for Barnes. Purdue is a bigot and a hypocrite who used the flag issue to win support.
By BW
April 17, 2006 12:25 AM | Link to this
Sounds to me B Chandler that you calling Mr.Purdue a bigot fits you by definition; a person who holds blindly and intoleranty to a particular creed, opinion, behavior,attitude, or prejudice. Sounds to me ” the pot calling the kettle black”. What is it with DEMS? Voter ID’S will be equal for everyone and they are free. Just like McKinney hitting a guard thats ok its always prejudice. Get over it.
By Debbie
April 17, 2006 05:06 AM | Link to this
The law was re-written and is now free. You have to show ID to get a Blockbuster Movie Rental Card and anything else now. The only people complaining are people that don’t want elections without fraud.
If you see a pack of dogs standing around and throw a rock in the midst of them, the one that gets hit is going to holler the loudest…
This will galvanize the conservative voters…
The Supreme Court elections should be partisian just like all other state wide elected positions are.
By Ronin
April 17, 2006 08:12 AM | Link to this
Equating renting a movie at Blockbuster with voting. Wow. So let’s be more clear. Voting is a RIGHT. Rights are free. Free like speech. Just like you don’t need to to go show an ID every time you want to have an opinion (UNLIKE you and I on this comment board), you shouldn’t have to go show ID to vote … at least that is thought process behind the state Constitution.
And this is the point that the Republicans in this state seem to misunderstand. Most people treat voting as an unalienable right. When you start adding government regulation to an individual’s rights they seem to get pretty upset. But no one has addressed why the Republicans didn’t cover absentee voting with stricter voting procedures. And that is because the Republicans are clearly disingenuous in their defense of “fair elections.”
By Austin Rhodes
April 17, 2006 08:18 AM | Link to this
So we have a Constitutional right to vote? We also have a constitutional right to BEAR ARMS…but we have to show ID before we can buy them. If gun owners have to identify themselves…so do voters. Equal protection under the law is not a “maybe”. Learn it, love it, live it.
By Tony
April 17, 2006 08:30 AM | Link to this
I guess Randy Evans the brilliant legal mind fogot to cut out the loophole that covers absentee ballot fraud. Why would the party in power conveniently forget to include photo ID’s for absentee balloting? After all, if we’re really after fair elections across the board, why omit such a key aspect? Sounds like keeping a loophole for something in the future….
And it’s funny how so many Republicans who claim to be ‘strict constructionists’ on Constitutional matters suddenly think Roy is wrong and Sonny and the GOP are right. A strict constructionist view on this would say there is no requirement or test to vote. The only conditions set in the state constitution are residency, age, and not engaging in moral terpitude.
Why are so many Republicans now throwing ‘strict constructionism’ out the door when it is politically convenient?
By Joe
April 17, 2006 09:06 AM | Link to this
Do I smell sour grapes fermenting in the air this morning? I mean come on, showing a voter ID card is a small token of effort to maintain honesty and integrity in elections and this is nothing like having a poll tax. I knew this stunk to high heavens when I saw the same people on the news endorsing Barnes that I saw rally around Cynthia McKinney. Barnes, get a life, you lost, go away.
By Roger
April 17, 2006 09:15 AM | Link to this
I really do not see the problem with having to show a photo id to vote. I have had to show my drivers license for years in Clayton County each time I voted, even in city elections. There was very little participation during the mobile id van period. Even more important than photo id, a literacy test should be given. If you are not informed on the issues you should refrain from voting anyway. If you do not care enough about the process to take the time to get a photo id you probably don’t know anything about the issues anyway.
By James
April 17, 2006 09:22 AM | Link to this
I guess Roy Barnes has become Georgia’s latest bitter ex-governor, joining Jimmmy Carter’s fraternity. How pathetic that these two losers can’t accept the reality of their rejection and move on with their lives.
By Bo
April 17, 2006 09:30 AM | Link to this
Face it folks we know what this is, its just that no one wants to say. It’s the black people crying foul on this one, like they always do if the voting odds don’t stack up in their favor. They have no intention of having an equal playing field, they want the odds stacked in their favor. It’s just like what is going on in New Orleans, the NAACP is running scared that a white man may actually be elected mayor of Chocolate City, a mayor who may actually make a difference in that corupt city. They can bus people into the city to vote black but they can’t bus people out when a hurricane comes. Now come on call me racist, like I care…big yawn here. If black leaders want to help their people, cut down on the number of blacks owning pitt bull dogs attacking and killing people. I mean come on people, whats up with the pitt bull thing. Is there not enough going on with inner city ghetto blacks already, do you need more to make us more afraid to live around you, can you go out of your way to hurt your image more? You all have bigger fish to fry in your community than voter ID cards.
By Debbie
April 17, 2006 09:40 AM | Link to this
Before this law passed, you had to show some type of ID before you voted. This law just changes the type acceptible. Being required to prove who you are does not violate the State Constitution.
This is from the Secretary of State’s Office and it covers the system that has been in place for years, even under King Roy. Election Day
When you arrive at your polling place, you will complete a voter’s certificate which asks for your name and residence address. You will then present the certificate and proper identification to the poll officials who will verify that you are a registered voter in that precinct by checking the voters list for that precinct. Voters are required to present identification at their polling place prior to casting their ballot. Proper identification shall consist of any one of the following:
(1) A valid Georgia driver’s license;
(2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer´s business;
(6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia;
(7) A valid Georgia license to carry a pistol or revolver;
(8) A valid pilot’s license issued by the Federal Aviation Administration or other authorized agency of the United States;
(9) A valid United States military identification card;
(10) A certified copy of the elector’s birth certificate;
(11) A valid social security card;
(12) Certified naturalization documentation;
(13) A certified copy of court records showing adoption, name, or sex change;
(14) A current utility bill, or a legible copy thereof, showing the name and address of the elector;
(15) A bank statement, or a legible copy thereof, showing the name and address of the elector;
(16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or
(17) A government document, or a legible copy thereof, showing the name and address of the elector.
If an elector is unable to produce any of the items of identification listed, he or she shall sign a statement under oath swearing or affirming that he or she is the person identified on the elector’s voter certificate.
If the elector does not have any of the forms of identification listed, they may vote a provisional ballot upon swearing or affirming that the elector is the person identified in the elector’s voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector within the time period for verifying provisional ballots.
Election Day
When you arrive at your polling place, you will complete a voter’s certificate which asks for your name and residence address. You will then present the certificate and proper identification to the poll officials who will verify that you are a registered voter in that precinct by checking the voters list for that precinct. Voters are required to present identification at their polling place prior to casting their ballot. Proper identification shall consist of any one of the following:
(1) A valid Georgia driver’s license;
(2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer´s business;
(6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia;
(7) A valid Georgia license to carry a pistol or revolver;
(8) A valid pilot’s license issued by the Federal Aviation Administration or other authorized agency of the United States;
(9) A valid United States military identification card;
(10) A certified copy of the elector’s birth certificate;
(11) A valid social security card;
(12) Certified naturalization documentation;
(13) A certified copy of court records showing adoption, name, or sex change;
(14) A current utility bill, or a legible copy thereof, showing the name and address of the elector;
(15) A bank statement, or a legible copy thereof, showing the name and address of the elector;
(16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or
(17) A government document, or a legible copy thereof, showing the name and address of the elector.
If an elector is unable to produce any of the items of identification listed, he or she shall sign a statement under oath swearing or affirming that he or she is the person identified on the elector’s voter certificate.
If the elector does not have any of the forms of identification listed, they may vote a provisional ballot upon swearing or affirming that the elector is the person identified in the elector’s voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector within the time period for verifying provisional ballots.
http://www.sos.state.ga.us/elections/elections/voter_information/default.htm#Voting%20Procedures When you arrive at your polling place, you will complete a voter’s certificate which asks for your name and residence address. You will then present the certificate and proper identification to the poll officials who will verify that you are a registered voter in that precinct by checking the voters list for that precinct. Voters are required to present identification at their polling place prior to casting their ballot. Proper identification shall consist of any one of the following:
(1) A valid Georgia driver’s license;
(2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer´s business;
(6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia;
(7) A valid Georgia license to carry a pistol or revolver;
(8) A valid pilot’s license issued by the Federal Aviation Administration or other authorized agency of the United States;
(9) A valid United States military identification card;
(10) A certified copy of the elector’s birth certificate;
(11) A valid social security card;
(12) Certified naturalization documentation;
(13) A certified copy of court records showing adoption, name, or sex change;
(14) A current utility bill, or a legible copy thereof, showing the name and address of the elector;
(15) A bank statement, or a legible copy thereof, showing the name and address of the elector;
(16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or
(17) A government document, or a legible copy thereof, showing the name and address of the elector.
If an elector is unable to produce any of the items of identification listed, he or she shall sign a statement under oath swearing or affirming that he or she is the person identified on the elector’s voter certificate.
By Nel
April 17, 2006 10:28 AM | Link to this
Stop generalizing about what blacks because you only show your own ignorance and lack of positive exposure. I’m sure people can find many stereotypes about Southern whites to make their arguments. You obviously need to expand your horizons and stop getting your information from only one source.
By Tony
April 17, 2006 12:29 PM | Link to this
Hey, Debbie, nice copy and paste job you always do. Let me give you a GA constitutional lesson. The state Constitution only requires residency. To prove residency you don’t need a photo ID.
And to those thick skulled people claiming the evil NAACP conspiracies, etc, I ask if this was some moral and legal protection of the voting rights, why was it not across the board? If Randy, Sonny, and the rest of the inept people were truly concerned about protecting the right to vote they would have included the absentee ballot provision to require ID for those as well. Why leave such a blatant and large loophole? Why be that legally inept? They could care less but to give some token issue to their closed minded followers. I hope this gets overturned for not only the Consitutional issues but the fact that they left the biggest loophole in there allowing more fraud to occur without even having to show up on election day to commit the fraud.
Debbie, go dig that up for me. Give Randy or someone in power a call and ask them why they left such a loophole? True ‘patriots’ and true defenders of liberty don’t make such stupid mistakes unless they’re setting up for fraud themselves.
By Debbie
April 17, 2006 01:44 PM | Link to this
I agree the absentee ballot should have been addressed. I would think they did not want to change too much at one time. With an absentee ballot you can see what address the ballot is being mailed to.
You need the photo ID to prove you are who you say you are.
There has been a requirement to provide documentation for years.
By Dekalb Democrat
April 17, 2006 04:33 PM | Link to this
If black people and the elderly skewed Republican this law would have never seen the light of day. Republicans are trying to forcibly remove from the lists voters who are less likely to cast a ballot for them.
Those who claim voter fraud as a significant problem probably think abstinence-only-until-marriage education works too.
By Tony
April 17, 2006 04:54 PM | Link to this
“With an absentee ballot you can see what address the ballot is being mailed to.”
Debbie, what’s the difference in seeing what address you’re mailing to and the old system? Neither is requiring a picture ID. So again, it’s a HUGE loophole. And not too much at one time? All this moral righteousness talk about protecting our greatest freedom and leaving a loophole large enough to send a cruise ship through is a joke. Either you close the loopholes and protect ALL or you leave as is. Fact is this did nothing but cause a huge constitutional crisis and will cost the taxpayers more and more money for poorly written and researched laws. It’s knee-jerk reactions that keep coming out of the Gold Dome that show this leadership is a joke as well.
By TSgt Chris Nash, USAF
April 18, 2006 01:15 AM | Link to this
As I sit here in Baghdad reading these posts, and keeping up with current issues in my home State, it reminds me of why I chose to come here- to defend all of you and give you the “right” to have this conversation. This is why we are the greatest nation is the world. We have the right to free speech, the right to think openly and honestly and to debate critical issues such as this one. No matter how this issue is eventually settled, it will be by the voice of a people from the greatest State in the country, from the greatest nation on earth. I ask my young Airmen all the time, when they say they don’t vote, why they chose to fight and defend a system that they don’t even participate in? Folks, don’t fight the system. Continue to support it by voting and makng sure everyone around you understands the importance of voting. Be an informed voter, not just an opinionated one. I say to you, keep this conversation “respectful”, keep it energetic, and most of all— keep it going!! Tell your friends and family not to disappoint us all over here by not taking part in this critical system of our society. Keep the pressure on our elected officials and keep them honest, no matter what their political party. We “must” police our own parties as well! I am a strong, true Republican and vote every in election to which I am eligible. No matter where in the world I may be, I always request an absentee ballot and keep my voter registration card current. Making the effort to prove i’m eligible to vote is not a “problem”, it’s a proud privelege! God bless you all!