The Jolt: Raffensperger wants ‘robust’ new penalties against election tampering

News and analysis from the politics team at The Atlanta Journal-Constitution
Secretary of State Brad Raffensperger is calling on lawmakers to make tampering with Georgia’s election system a felony carrying a minimum sentence of 10 years. (Steve Schaefer/The Atlanta Journal-Constitution)

Credit: Steve Schaefer/AJC

Credit: Steve Schaefer/AJC

Secretary of State Brad Raffensperger is calling on lawmakers to make tampering with Georgia’s election system a felony carrying a minimum sentence of 10 years. (Steve Schaefer/The Atlanta Journal-Constitution)

Facing pressure to update Georgia’s voting system software before next year, Secretary of State Brad Raffensperger is pursuing a different angle. He is calling on lawmakers to make tampering with Georgia’s election system a felony carrying a minimum sentence of 10 years.

“Voting is the foundation of our democracy, and those who attempt to interfere with that fundamental right should be subjected to higher penalties,” he wrote in a letter this morning to state legislators.

“Current Georgia law provides that these infractions constitute a felony but with inadequate minimum sentences and fines, which is not sufficient justice for those who attempt to interfere with our democracy.”

Former U.S. Senator Kelly Loeffler has criticized the secretary of state's decision not to update Georgia’s voting system software before next year (Arvin Temkar/The Atlanta Journal-Constitution)

Credit: Arvin Temkar/AJC

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Credit: Arvin Temkar/AJC

The second-term Republican has faced stiff criticism for his decision to wait until 2025 for the update, including calls from former U.S. Sen. Kelly Loeffler and Lt. Gov. Burt Jones to take more immediate action.

Raffensperger has said the state’s existing voting software is “battle-tested” and that it shouldn’t be rushed into an update without a proper review, which could take months.

His assurances follow the release of a report that described numerous vulnerabilities in the state’s Dominion Voting Systems equipment that were identified by an expert witness in a lawsuit brought by a coalition seeking to return to hand-marked paper ballots.

A second report, also unsealed by a judge this month, involved a federal cybersecurity review that determined that the risk of someone exploiting the vulnerabilities is remote and that could be addressed by standard security practices already in place in many elections offices.

Facing pressure to update Georgia’s voting system software before next year, Secretary of State Brad Raffensperger is pursuing a different angle. He is calling on lawmakers to make tampering with Georgia’s election system a felony carrying a minimum sentence of 10 years. (Christina Matacotta for The Atlanta Journal-Constitution)

Credit: Christina Matacotta for the AJC

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Credit: Christina Matacotta for the AJC

In calling for the new penalties, Raffensperger wrote to lawmakers that his office is conducting frequent security checks, examining potential updates and adding to the training resources available to county elections offices.

“We’re also keenly aware that heading into a major election, bad actors will attempt to sow distrust, disinformation, and in some cases, take illegal actions against Georgia’s voting system and its people.”

Today’s letter follows one to lawmakers last week, in which Raffensperger said the risks outlined in the critical report are “theoretical and imaginary” and that the people criticizing Georgia’s plans are either “election-denying conspiracy theorists” or litigants in the long-running lawsuit.

That drew a ripping response from the academics panning Georgia’s plans for 2024, who complained to Politico that he is lumping legitimate criticism in with election deniers.

The retort from Raffensperger spokesman Mike Hassinger: “If the PhDs don’t like being put in the same category as the Pillow salesman, tough noogies. They should stop saying similar things.”

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FEDERAL PROBE. The Justice Department’s investigation of former President Donald Trump’s efforts to overturn the 2020 election is expanding.

The Washington Post reports that Secretary of State Brad Raffensperger is set to be interviewed Wednesday by investigators with special counsel Jack Smith’s probe.

The outlet also reported that prosecutors are reviewing multiple “fake elector” plots around the country that sought to swing the election to Trump in 2020, though it’s unclear if Georgia’s sham slate is among them.

The investigation appears to overlap with the ongoing Fulton County probe of Trump’s attempt to reverse his defeat in Georgia, which could lead to charges against the former president as early as August.

Raffensperger, who met with the Fulton special grand jury in June 2022, is expected to be a star witness in the local probe. He was on the receiving end of a January 2021 call from Trump demanding that he “find” exactly enough votes to overturn his defeat.

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The House Freedom Caucus on Friday took a secretive vote that could result in the ouster of U.S. Rep. Marjorie Taylor Greene (center) from the ultra-conservative group. (Kenny Holston/The New York Times)

Credit: Kenny Holston/The New York Times

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Credit: Kenny Holston/The New York Times

GREENE REVOLT. The House Freedom Caucus on Friday took a secret vote that could result in the ouster of U.S. Rep. Marjorie Taylor Greene from the ultra-conservative group.

Politico reports that it’s not clear if the Rome Republican was officially ejected during the closed door meeting. But there was sharp discussion and concern about Greene, who has criticized fellow Freedom Caucus members for voting against Speaker Kevin McCarthy as he rose to leadership and again when they opposed the debt ceiling deal he negotiated with President Joe Biden.

Her recent spat with fellow far-right firebrand, U.S. Rep. Lauren Boebert of Colorado, only fueled the opposition. More from Politico:

The uncertainty that now shrouds Greene's status is partly due to the tightly held bylaws that govern official Freedom Caucus decisions. Even before the Greene vote, members questioned whether the group's rule that 80 percent of the Freedom Caucus must support any formal decision applies to all matters — or just legislation.

- Politico

Greene’s office did not respond to a request for comment about whether or not she’s been ousted from the group.

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David Shafer, former Georgia GOP chairman, has reportedly settled state complaints that accused him of failing to file financial reports for his leftover lieutenant governor campaign money. (Nathan Posner for the Atlanta-Journal-Constitution)

Credit: Nathan Posner for the AJC

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Credit: Nathan Posner for the AJC

SHAFER SETTLES. Former state GOP chairman David Shafer has been a headliner even before he organized a group of fake presidential electors to boost Donald Trump’s failed bid to reverse his defeat.

Before he was the state party chair, Shafer was a longtime state senator who narrowly lost the GOP runoff for lieutenant governor in 2018 to Geoff Duncan.

Our ethics guru James Salzer reports that Shafer has quietly settled state complaints that accused him of failing to file financial reports for his leftover LG campaign money.

State law requires candidates to file annual reports showing what they did with campaign contributions, even when they lose an election or retire. It doesn’t allow them to keep the money or convert it to personal use, though candidates can return the money to donors, pay leftover campaign bills, or give it to charity or political causes.

According to a review of state records, Shafer last filed a disclosure for his state Senate account in mid-2020. At the time, his account had almost $168,000 in it. His last disclosure for his lieutenant governor’s race showed that fund still had about $165,800 left over.

The state Ethics Commission approved a consent decree with Shafer on Monday requiring him to file the reports and pay a $625 late fee and a $1,250 civil penalty. Shafer was one of about 24 candidates and politicians who settled cases with the commission Monday.

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Rick Thompson, a member of the Georgia Government Transparency and Campaign Finance Commission, appears at a meeting in Atlanta on Tuesday, July 12, 2022. (Arvin Temkar/The Atlanta Journal-Constitution)

Credit: Arvin Temkar/AJC

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Credit: Arvin Temkar/AJC

SANTOS LINKS. We’ve previously reported that U.S. Rep. George Santos hired Alpharetta-based RTA Strategy to handle his campaign books — the same company working with longshot Democratic presidential candidate Robert F. Kennedy Jr.

In May 30 filings with the Federal Election Commission, Santos listed Jason Boles and Rick Thompson of RTA as the treasurer and designated agent of the Devolder-Santos for Congress Committee and the Devolder Santos for Congress Recount Committee.

Our AJC colleague James Salzer reports that Thompson was voted on Monday to serve as vice chairman of the state Ethics Commission — the people who police candidates’ campaign filings in Georgia.

Thompson has served on the commission for several years, and more than a decade ago, was the agency’s executive secretary.

His firm has worked on multiple Georgia and national campaigns, including for U.S. Rep. Marjorie Taylor Greene, R-Rome.

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The public will get a chance today to weigh in on the pending merger between Wellstar Health System and Augusta University’s hospitals. (Courtesy photo)

Credit: Courtesy photo

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Credit: Courtesy photo

WELLSTAR HEARING. The public will get a chance today to weigh in on the pending merger between Wellstar Health System and Augusta University’s hospitals.

State officials will hold a hearing at 1 p.m. at Lee Auditorium, 1459 Laney Walker Blvd. in Augusta. Georgia law requires a hearing to ensure the public’s interest is protected in such deals involving nonprofit hospitals.

A reminder: The Board of Regents agreed in March to let Marietta-based Wellstar take over management and funding of the Augusta University Health System, which includes the Augusta University Medical Center.

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U.S. Rep. Austin Scott, R-Tifton, is pleased that U.S. Air Force brass have selected Moody Air Force Base near Valdosta as the preferred location for the next mission of F-35A fighter jets. (Vino Wong/The Atlanta Journal-Constitution)

Credit: Vino Wong/AJC

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Credit: Vino Wong/AJC

MOODY TIMES. U.S. Air Force brass have selected Moody Air Force Base near Valdosta as the preferred location for the next mission of F-35A fighter jets. New aircraft could arrive at the base as soon as the 2027 fiscal year.

The F-35A Lightning II jets would replace the A-10 Thunderbolt II planes, bringing in 500 new personnel. But before any decision is finalized, an environmental impact analysis will be conducted.

Landing a new mission for a military installation is seen as crucial to keeping it open through any future base closures. U.S. Rep. Austin Scott, whose district includes the base, has long advocated for replacing the retiring A-10s with the new F-35As.

“Moody is proud to maintain a fighter mission, carrying its strong legacy long into the 21st century,” said Scott, R-Tifton.

U.S. Sen. Jon Ossoff also celebrated the news, saying in a release: “This is a major step forward in our ongoing effort to strengthen and sustain Moody Air Force Base for decades to come.”

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President Joe Biden is campaigning in the Washington suburbs this evening. (Tom Brenner/The New York Times)

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TODAY IN WASHINGTON:

  • President Biden is campaigning in the Washington suburbs this evening; otherwise he has no public events scheduled.
  • The U.S. House and Senate are out for a two-week recess for the July Fourth holiday.

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U.S. Rep. Hank Johnson will attend a House subcommittee field hearing in Nashville, Tennessee analyzing the impact of the Music Modernization Act.  (Nathan Posner for The Atlanta Journal-Constitution)

Credit: Nathan Posner for the AJC

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Credit: Nathan Posner for the AJC

OUT AND ABOUT. With Congress in recess this week and next, members of Georgia’s delegation are packing their schedules with events in their districts and beyond. Here is what lawmakers will be up to on Tuesday:

U.S. Rep. Hank Johnson will attend a House subcommittee field hearing in Nashville, Tennessee analyzing the impact of the Music Modernization Act. The law was enacted five years ago and changed how artists are paid by streaming sites.

U.S. Rep. Sanford Bishop will deliver remarks at the groundbreaking for the Anovion Technologies electric vehicle battery manufacturing plant in Bainbridge. Gov. Brian Kemp will also be on hand in Bainbridge for the event.

U.S. Sen. Jon Ossoff will hold a virtual press conference to celebrate the same Anovion plant groundbreaking, followed by an event in Newton with forestry leaders to discuss his efforts to strengthen the timber industry in Georgia.

Ossoff, U.S. Sen. Raphael Warnock and U.S. Rep. Lucy McBath will jointly announce that the Gwinnett County Department of Transportation will receive a $20 million grant from the U.S. Department of Transportation that will be used to replace the Gwinnett Place Transit Center off of Interstate 85.

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PERSONNEL DEPARTMENT. Claire Simms Chaffins, who left Fox 5 Atlanta after 16 years in TV news earlier this year, has a new gig as director of communications and external affairs for DeKalb County District Attorney Sherry Boston. We’re hoping her new role involves fewer late nights at the Capitol, but just as many trips to Athens for Georgia football games.

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Roscoe, left, is the very large rescue mix of state Rep. Dale Mashburn, R-Macon, and Donna Mashburn. Taco, right, visits often. (Courtesy photo)

Credit: Courtesy photo

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Credit: Courtesy photo

DOG OF THE DAY. It’s time to meet Roscoe Washburn (left) and his pal, Taco. Roscoe is an 85-pound mix who calls state GOP Rep. Dale Washburn and Donna Washburn his people in Macon. All three get regular visits from little Taco, who belongs to Donna’s sister.

The two rescues may be different on the outside, but we’re told they’re buddies through and through — a lesson in getting along we could all use a little more of these days.

Send us your dogs of any political persuasion and cats on a cat-by-cat basis to patricia.murphy@ajc.com, or DM us on Twitter @MurphyAJC.

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AS ALWAYS, Jolt readers are some of our favorite tipsters. Send your best scoop, gossip and insider info to patricia.murphy@ajc.com, tia.mitchell@ajc.com and greg.bluestein@ajc.com.