No, Georgia’s governor can not ‘overrule’ its secretary of state on voting.
President Trump on Monday morning inaccurately described Georgia’s vote counting course of and implausibly urged the state’s Republican governor to “overrule” its Republican secretary of state.
The tweet was the most recent of Mr. Trump’s persevering with assault on election leads to Georgia and its prime Republican officers, which has ignited an intraparty feud within the state.
Governor Brian Kemp of Georgia doesn’t have the authority to do what Mr. Trump is suggesting. Furthermore, signature verification is already a part of the vote counting course of.
When absentee ballots are obtained, Georgia’s election officers confirm the signature on the envelopes. The ballots and envelopes are then separated to guard privateness, so rechecking the envelopes throughout a recount could be meaningless.
“Georgia legislation prohibits the governor from interfering in elections. The secretary of state, who’s an elected constitutional officer, has oversight over elections that can not be overridden by govt order,” a spokesman for Mr. Kemp informed the Atlanta Journal-Structure.
The notion that “the governor has inherent govt authority to droop or examine or in some way intervene with this course of — that’s simply not true,” mentioned Anthony Michael Kreis, a constitutional legislation professor at Georgia State College. “There is no such thing as a believable case right here by any means.”
Not like the federal authorities, Georgia doesn’t have a unitary govt and its governor and secretary of state have separate duties. Even the governor’s emergency powers are restricted.
Mr. Kreis mentioned that Georgia’s code was “very clear” on the sorts of issues a governor can do in a state of emergency. Mr. Kemp can transfer assets and funds and enact non permanent measures, Mr. Kreis mentioned, however “he doesn’t have the authority to expressly intervene with elections.”
Georgia’s secretary of state, Brad Raffensperger, continued to push again on Mr. Trump’s and his allies’ baseless claims of mass voter fraud in a information convention on Monday.
“The reality issues, particularly round election administration,” Mr. Raffensperger mentioned. “There are those that exploit the feelings of many Trump supporters with incredible claims, half-truths, misinformation and albeit, they’re deceptive the president as effectively, apparently.”
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