Quantcast
Channel: Atlanta Progressive News » voting

City of Atlanta Drags Feet on Illegal Yard Signs Littering District 3 (UPDATE 3)

0
0

20190207_165331

UPDATE 3: A City of Atlanta vehicle was spotted on Anderson along with a city worker picking up illegal yard signs.

 

UPDATE 2: Interim Commission Pierre Johnson has said the City’s SWEET Team (Solid Waste Education and Enforcement Team) will be inspecting and removing any illegal yards.

 

UPDATE 1: The City of Atlanta City Attorney Nina Hickson writes, “The departments… have been properly and promptly advised of their responsibilities.”

 

(APN) ATLANTA — Atlanta’s District 3 is currently littered with hundreds of illegal campaign yard signs placed in public spaces, using spaces owned by the taxpayers of Atlanta to improperly promote the campaigns of several candidates running in the March 19, 2019 Special Election.

 

The most egregious offenders appear to be the campaigns of Shalise Young, especially in Vine City and English Avenue, where there as signs for Mrs. Young at every intersection; Byron Amos; and Jabari Simama.  Several signs are in public rights-of-way promoting the campaigns of Greg Clay, Ricky Brown, Mesha Mainor, and Antonio Brown.

 

Atlanta Progressive News has obtained over one hundred photographs of campaign yard signs that appear to have been placed illegally by one or more campaigns.

 

APN’s News Editor–the present writer, a candidate for District 3–sent a batch of photographs and listed intersections–to City of Atlanta Portfolio Manager for Customer Service/311 Brittany McClure on February 08, 2019.

 

20190207_162514McClure wrote that she is waiting for the City of Atlanta Law Department to opine on whether there is an exception for Special Elections.  No apparent reply yet from Law, as of six days later.

 

However, the ten exceptions to the general prohibition are listed in City of Atlanta Code of Ordinances, Part II, Sec. 138-13; there are none for Special Elections.

 

Today, Municipal Clerk Foris Webb III, who is also the Election Superintendent, sent a notice to all candidates: “It is imperative that you adhere to the Campaign Sign Right of Way Laws.”  

 

“This and all other election information regarding the 2019 City of Atlanta Special Election may be found on the Atlanta City Council Website at http://citycouncil.atlantaga.gov/council-divisions/municipal-clerk/2019-city-of-atlanta-special-election.  The laws are attached and listed below…” Mr. Webb wrote.

 

20190207_163346The illegal signs, as of the date of the complaint, are:

 

Young – English/Jett

 

Young – Jett/Paines

 

Young – Alexander/Paines

 

Young – Hairston/Neal

 

Simama, Young, Antonio Brown – Neal/Brawley

 

Young – Sunset/Jett

 

20190207_163010Amos, Young – Neal/Sunset

 

Young – John/Sunset

 

Young – Griffin/Jones *Note: Young lives on Griffin, making it likely she has observed the signs.

 

Young – Griffin/Sunset

 

Young – Jones/Sunset

 

Young – Neal/Griffin

 

Simama, Mainor, Ricky Brown – MLK/Rockmart

 

20190207_172807Simama, Ricky Brown – MLK/Burbank

 

Simama – MLK/Brawley

 

Amos, Simama – Magnolia/Brawley

 

Young – Brawley/Spencer

 

Young – Boone/Griffin

 

Young – Griffin, north of JOnes

 

Young – Jett/Griffin

 

20190207_172644Young – Meldrum/Griffin

 

Young – Fox/Griffin

 

Amos – Echo/Hollowell

 

Young – Jones/Maple

 

Young – Jones/Walnut

 

Young – Elm/Jones

 

Simama – Boone/Flowers

 

20190207_162823Young – Boone/Mayson Turner

 

Young, Simama – Washington Manor/Mayson Turner

 

Mainor, Young – Chappell/Boone

 

Young – Holly/Boone

 

Young – W. Lake Drive/W. Lake Ave.

 

Young – W. Lake/Ezra Church

 

Young, Amos – W. Lake/Calloway

 

Young, Clay, Simama – Anderson/Calloway

 

20190207_164035Young, Amos, Clay – Waterbury/Anderson

 

Clay – Abernathy/W. Lake

 

Antonio Brown – Ollie/Lena

 

Amos – Ollie/MLK

 

Clay – Knight Park park property

 

Clay – Abernathy on-ramp to I-20

 

Amos, Mainor, Clay – Marietta/Hollowell

 

The City of Atlanta prohibits the placement of campaign yard signs on public property, according to City of Atlanta Code of Ordinances, Part II, Sec. 138-13.

 

“Any signs found upon any public property, not in compliance with this section, may be removed by the city,” the Code states.

 

“The person(s) responsible for causing the unlawful sign to be placed on any public property may be held responsible for the cost of removal,” the Code states.

 

“These persons shall include, but are not limited to, any individuals or businesses whose advertisement, message or information appears on or is contained in any sign or notice unlawfully placed on public property,” the Code states.

 

The signs also violate City of Atlanta Code of Ordinances, Part III, Sec. 16-28A.012. (“Signs in the public right-of-way.”)  

 

The Director shall conduct an inspection to ensure compliance. Sec. 16-28A.013(c) (“Procedures”).  

 

“It is the policy of the city to encourage that all signs within the city be brought into compliance with the terms and requirements of this chapter and of Part 16 of the Code of Ordinances of the City of Atlanta.” Sec. 16-28.014(a). (“Nonconforming signs”)

 

“Any sign installed or placed on public property or right-of-way… shall be deemed to be an illegal sign and shall be immediately removed by the owner or be subject to immediate removal by the city.” Sec. 16-28A.012(b). (“Signs in the public right of way”)

 

“Any person violating any provision of this chapter shall be guilty of an offense and punished in accordance with the enforcement provisions of chapter 30 of Part 16 of the Code of Ordinances.  This chapter shall be enforced by the director…” Sec. 16-28A.015 (“Violations and Enforcement”)

 

“Each sign installed, created, erected or maintained in violation of this chapter 28A shall be considered a separate violation, and each day of a continued violation for each sign shall be considered a separate violation when applying the penalties of chapter 30 of Part 16.” Sec. 16-28A.015 (“Violations and Enforcement”)

 

At a Candidates’ Briefing held by Municipal Clerk Foris Webb III, attended by all campaigns, on January 09, 2019, Mr. Webb said that the City of Atlanta would not tolerate illegally placed yard signs and that the Department of Public Works would retrieve any yard signs illegally placed in public spaces.

 

It is not immediately clear whether the candidates themselves are aware of the signs having been placed, or whether the signs were placed by overzealous volunteers.

 

However, for campaigns that have dozens of illegally placed signs throughout the District, it is unlikely that the candidate himself or herself is unaware and has not seen them.

 

If the City of Atlanta does not take immediate action, pursuant to its non-discretionary obligations under City Code, an action for a Writ of Mandamus will be filed in Fulton County Superior Court on Monday morning by the present writer.

 

(END / Copyright Atlanta Progressive News / 2019)


Fulton Court Restores APN Editor’s Name to Ballot, Overruling City of Atlanta

0
0

back on the ballot(APN) ATLANTA — On Friday, February 22, 2019, Fulton County Superior Court Judge Kelly Lee Ellerbe ruled that the City of Atlanta was “arbitrary and capricious” in its decision early last week to remove candidate Matthew Charles Cardinale from the ballot in the March 19, 2019 Special Election.

 

The City of Atlanta and Fulton County worked together beginning late Friday to ensure that Cardinale’s name was restored to the ballot in time for Early Voting, which began Monday February 25, 2019 at Fulton County Government Center.

 

Cardinale–the present writer–is the News Editor and Founder of Atlanta Progressive News.

 

https://www.ajc.com/news/atlanta-city-council-candidate-wins-battle-seek-district-post/EzQLvRQU8nvLDr4PdFjy8I/

 

https://www.apnews.com/4dba41d580074ee2b7f8b1507affc5cb

 

https://www.law.com/dailyreportonline/2019/02/22/judge-orders-atlanta-city-council-candidate-matthew-cardinale-back-on-ballot/

 

https://www.youtube.com/watch?v=1UHdMqPSvh4

 

“I continue to believe that this was a politically calculated scheme to attempt to undermine my candidacy.  The City of Atlanta is clearly terrified of the oversight, accountability, and fundamental respect for the public that I would bring to Atlanta City Hall,” Cardinale said in a statement.  

 

“These Councilmembers are so used to trampling all over the public,” Cardinale said.  “I am a candidate who will fight for your honor.”

 

The March 19, 2019 Special Election is to fill the vacant seat created by the tragic passing of Councilman Ivory Lee Young, Jr. (District 3), who succumbed to a years-long struggle with multiple myeloma, a type of blood cancer.

 

There are currently nine candidates for the seat, including former Atlanta Public Schools Board of Education Member Byron Amos (District 2); Antonio Brown; Ricky Brown; Matthew Charles Cardinale; Greg Clay; Erika Estrada; Mesha Mainor; former Councilman Jabari Simama; and Shalise Young, widow of the late incumbent.

 

City of Atlanta Municipal Clerk Foris Webb, III, acting as Election Superintendent, challenged Cardinale’s residency, arguing that an AirBNB where Cardinale dwelled in the District prior to his current home, could not qualify as a domicile due to what he said was the inherently temporary nature of AirBNBs.

 

“My decision is also based on (what I consider) the inherently temporary nature of obtaining housing through a service such as Airbnb.  Unlike hotels, Airbnb bookings are not generally considered to be of a continuous nature based on the guests desire to remain and ability to pay.  It is my opinion that a rental through Airbnb is short-term and not indefinite or continuous,” Mr. Webb wrote.

 

But Judge Ellerbe questioned this assertion in court, asking Assistant City Attorney Reginald McClendon, who specializes in election law for the City of Atlanta, to clarify where in the record the basis for the assertion could be found.

 

McClendon told Judge Ellerbe that it was Webb’s opinion as the fact-finder, but that there was not basis in the record.

 

Judge Ellerbe’s opinion was meticulous and detailed, and she was quite prepared to hear the case in terms of being familiar with the pleadings in the case, at the Feb. 22 Emergency Hearing, only two days after the petition was filed.

 

“It shouldn’t matter if someone lives in a rooming house, their car, a trailer, a homeless shelter, a treehouse, a street corner, an extended stay hotel, an AirBNB, the Ritz Carlton, or the Waldorf Astoria.  We all should have the right to participate in democracy, as long as we had one year of residency in District 3,” Cardinale said.

 

This is Cardinale’s sixth legal victory over the City of Atlanta, following (1) a freedom of the press victory for APN in 2011 in Fulton County Superior Court; (2) the Supreme Court of Georgia ruling in 2012 in Cardinale v. City of Atlanta after the City Council took an illegal, secret vote; (3) a 2013 settlement that coincided with the opening of the formerly-closed Committee Briefings of the Atlanta City Council; (4) a successful business tax appeal for APN in 2018 that avoided litigation; and (5) a First Amendment challenge that resulted in a problematic ordinance being repealed in January 2019, which also avoided litigation.

 

“It had been six years since I had been in court with the City, and I have been pleased that we’ve been able to resolve so many matters without going to court.  It looks like I had to defeat the City one more time to get back on this ballot.”

 

(END / Copyright Atlanta Progressive News / 2019)

Council Candidate, Amos, Fueled by Developers, Airport Dollars

0
0

byron facebook

Photograph of Byron Amos from Amos’s Facebook page, pursuant to fair use doctrine.

 

(APN) ATLANTA — Candidate for Atlanta City Council, Byron Amos–who said at a recent forum that he accepted money from developer Steve Brock–appears to be have been fueled by developer interests and airport concessionaires throughout his political career.

 

A review by Atlanta Progressive News of Amos’s disclosures dating back to his last run for Board of Education, in 2017, show thousands of dollars in donations from developer and airport concession interests.

 

On March 04, 2019, candidates for Atlanta City Council District 3 were to have filed a campaign contribution disclosure with the City of Atlanta.  

 

However, Byron Amos did not complete a March 04 disclosure, to date.  Only four out of nine candidates in the District 3 Special Election have filed timely disclosures, according to www.gaeasyfile.org

 

Those who have not filed are Byron Amos, Antonio Brown, Greg Clay, Mesha Mainor, and Shalise Young.

 

While Amos has not yet filed a March 04, 2019 disclosure as required by law, it is reasonable to infer that Mr. Amos has continued to receive support from airport concessionaires and developers for the current City Council race.

 

In 2017, Amos was forced into a December Run-off Election for his then-APS Board seat with candidate Keisha Carey.  Carey, who was largely unknown, created a stir of surprise, when she got into a Run-off with Amos.

 

Developers and concessionaires–the for-profit interests who have historically helped Mayors Kasim Reed and Keisha Lance Bottoms–came through to help Amos get reelected.

 

Greg Hawthorne.  Amos received three donations from Hawthorne in September and November 2017, totaling 650 dollars.  Hawthorne is a land investor.

 

Wassim and Carol Hojejj.  This husband and wife couple are behind Hojejj Branded Foods, a major concessionaire at Atlanta’s airport.  They both gave 2,500 dollars on October 06, 2017, for a total of five thousand dollars.

 

Steve Brock.  Brock is a major developer in District 3.  Brock relied on developer-friendly incumbent Ivory Lee Young, Jr., who, prior to his tragic death, supported major development projects like the Westside Yards project.  Brock gave one thousand dollars to Amos on October 17, 2017.

 

As previously reported by Atlanta Progressive News, Mr. Brock’s Westside Yards development, caused a great deal of community concern and opposition because of its great potential for fueling gentrification and displacement, lack of community benefits, and lack of community input.

 

http://atlantaprogressivenews.com/2018/06/26/atlanta-council-cmte-approves-gentrification-plan-for-english-avenue/

 

http://atlantaprogressivenews.com/2018/08/04/no-progress-on-cba-developer-brock-wont-be-called-a-racist/

 

Scott Taylor.  Taylor is another major developer in Atlanta.  He gave Amos one thousand dollars on October 11, 2017.

 

Egbert Perry.  Egbert Perry runs the Integral Group, and has been involved in both for-profit and nonprofit development.  He gave 250 dollars to Amos on September 17, 2017.

 

Eric Pinckney.  Pinckney, Vice President of Integral, gave Amos 150 dollars on September 08, 2017.

 

Michael Russell.  Russell, CEO of H.J. Russell & Company, a real estate and development firm, gave five hundred dollars to Amos on September 25, 2017.

 

Chuck Taylor.  Taylor, the CEO of HT Group, a developer and owner of commercial property, gave 250 dollars to Amos on September 29, 2017.

 

(END / Copyright Atlanta Progressive News / 2019)

Antonio Brown Attacks Clay, as District 3 Results Challenged in Court

0
0

antonio brown(APN) ATLANTA — Antonio Brown, a candidate for the Atlanta City Council District 3 position who came in second place, attacked Greg Clay, the third place finisher, for challenging the election results, in an interview with the Neighbor Newspapers.

 

Greg Clay and District 3 voter Mark Anthony Boyd filed the election challenge in Fulton County Superior Court on Wednesday, March 27, 2019.

 

The lawsuit–which seeks to challenge and overturn the March 19, 2019 Special Election Results–claims, first, that Antonio Brown is not qualified to serve on the Atlanta City Council due to unpaid tax liens; and, second, that District 3 voters were misclassified as District 4 voters and wrongly not allowed to participate in the March 19 election.

 

“It is unfortunate that Greg Clay cannot accept the outcome of this election that once again the residents of District 3 have rejected his leadership,” Antonio Brown told the Neighbor Newspapers in an article published Friday, March 29.

 

“I will continue to support any effort to ensure every vote is counted because I am confident that the outcome will remain the same, the people of District 3 do not want Greg Clay to represent them in city council,” Brown said.

 

https://www.mdjonline.com/neighbor_newspapers/northside_sandy_springs/news/updated-clay-challenging-district-atlanta-council-election-results/article_3835d852-525c-11e9-802b-5768cdb81680.html

 

When reached by Atlanta Progressive News, Clay declined to respond to Brown’s comments.

 

A Run-off Election is scheduled for April 16, 2019.  Currently, Amos and Brown are the two candidates to appear on the ballot, based on the certified results from March 19.

 

The complaint includes a copy of the Georgia Department of Revenue tax lien against Antonio Brown for the tax year of 2016.

 

According to the lien, Brown owes $5,690.33 to the State of Georgia.

 

In his qualifying document, which he signed on January 25, 2019, he attested that he was not a defaulter on any federal, state, county, municipal, or school systems taxes.

 

Brown told the Neighbor Newspapers that the tax lien was due to a “clerical error.”

 

At issue in court will be whether Brown had a documented, satisfactory payment arrangement in place with the Georgia Department of Revenue at the time he qualified to run for office.

 

Clay and Boyd are being represented in court by Lindsay Walker Hillis, who incidentally is the wife of Atlanta City Councilman Dustin Hillis (District 9).

 

The named defendants are the City of Atlanta, Fulton County Board of Registration and Elections, and the other candidates in the race.

 

APN’s News Editor–the present writer–was also a candidate in the race and is a named defendant.

 

On March 28, 2019, Fulton County Superior Court Chief Judge Robert C.I. McBurney transferred the case out of Fulton County, to the Honorable Bonnie Chessher Oliver, Administrative Judge of the adjoining Ninth Judicial Administrative District, in Hall County.  The transfer was based on a technicality.

 

On today, Monday, April 01, Judge Oliver transferred the case to Gwinnett County Superior Court Judge Richard Winegarden.

 

The March 19, 2019 Special Election, the certified results–which are now in dispute–are as follows: former Atlanta Public Schools Board of Education Member Byron Amos (359 votes); Antonio Brown (296); Greg Clay (293); Shalise Young, widow of late Councilman Ivory Lee Young, Jr. (165); former Councilman Jabari Simama (152); Mesha Mainor (125); Matthew Charles Cardinale, News Editor of Atlanta Progressive News (72); Erika Estrada (51); and Ricky Brown (18).

 

Atlanta’s political community was stunned by Antonio Brown coming in second place.

 

Brown–an entrepreneur who founded a fashion brand called “LVLXIII”–outraised all other candidates, raising over 75,000 dollars as of the March 04, 2019 disclosure.  With this disclosure fifteen days prior to the election, he likely raised and spent more than that by election day.

 

As of March 04, he had donated at least some personal funds to his own campaign.

 

Brown is a political newcomer who says he previously avoided politics due to his beliefs as a Jehovah’s Witness.  Now in his mid-thirties, he says the first time he voted was in 2017 for Mayor Keisha Lance Bottoms.

 

Brown had commercials on television, full color yard signs with his picture on them, and a truck with a video display of Brown playing his commercial on repeat.  Brown’s slogan was, “District 3 is me!”

 

The next steps in the lawsuit will be for the parties to be served, for subpoenas to be served, and for an emergency hearing to be set.

 

Per state law, O.C.G.A. 21-2-522, an election can be contested on certain grounds.  These grounds include “when the defendant is ineligible for the nomination or office in dispute” as well as “misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result.”

 

(END / Copyright Atlanta Progressive News / 2019)

 

Democrats’ HR 1 is Bold Vision for Voting Rights, Campaign Finance Reform

0
0

john sarbanes(APN) ATLANTA — On March 08, 2019, the U.S. House of Representatives passed H.R. 1, the For The People Act of 2019, a proposed law that sets forth a comprehensive vision for improving democracy in the U.S.

 

HR 1 addresses myriad issues, including voting rights, campaign finance and spending reform, and election integrity and security.

 

The final vote results in the U.S. House were 234 yeas, all Democrats; and 193 nays, all Republicans.  

 

Now the bill is in the Republican-dominated U.S. Senate, where it has about as much chance of passing as a snowball in hell.  

 

U.S. Senate Majority Leader Mitch McConnell (R-KY) promised that it would not get a vote in the Senate.

 

The bill is a transformative set of reforms to strengthen democracy, return political power to the people by making it easier to vote, ending the dominance of big money in our politics and much more.

 

https://www.congress.gov/bill/116th-congress/house-bill/1  

 

H.R. 1 was sponsored by U.S. Rep. John Sarbanes (D-MD) and its 236 co-sponsors included five Democrats from Georgia: U.S. Reps. Sanford Bishop (D-GA), Hank Johnson (D-GA), John Lewis (D-GA), David Scott (D-GA), and Lucy McBath.

 

VOTING RIGHTS

HR 1 would impose new requirements on U.S. states to offer early voting; offer online and same-day voter registration; bar states from disenfranchising felons who have completed their sentences; and restore the Voting Rights Act following the 2013 U.S. Supreme Court ruling that struck Section 5.

 

HR 1 also limits states from removing people from the voter rolls based on Interstate Cross Checks; prohibits deceptive practices; prohibits voter intimidation; prohibits voter purges based on failure to vote in past years; prohibits voter purges based on non-forwardable mail; and ends partisan gerrymandering in federal elections.

 

Further, it requires states to use voter-verified paper ballots; makes Election Day a holiday for federal employees; and requires states to establish independent, nonpartisan redistricting commissions.

 

And another thing: It sets forth numerous provisions related to election security, including cybersecurity.

 

If enacted, many of these federal provisions would supersede many of the antidemocratic practices that have been happening in Georgia, including related to voter purges.

 

CAMPAIGN FINANCE REFORM

 

HR 1 sets forth Congressional findings that the U.S. Supreme Court ruling in Citizens United is detrimental to democracy and that the U.S. Constitution should be amended.

 

In 2014, the City of Atlanta also passed a resolution by Councilman Michael Julian Bond (Post 1 at large), and drafted by APN’s News Editor, calling for a Constitutional Amendment clarifying the right of U.S. Congress to regulate campaign finance.

 

http://atlantaprogressivenews.com/2014/09/25/atlanta-passes-resolution-for-u-s-constitutional-amendment-on-campaign-finance/

 

Big money–including special interests like developers and airport concessionaires–continues to pervert our local elections in Atlanta and create competitive disadvantages for candidates who represent the interests of low-income people.

 

HR 1 establishes a publicly financed system for elections.  This system would provide a six to one match on the first two hundred dollar contribution for Congressional Elections.  

 

There are public financing mechanisms already available at the state and local levels.

 

For example, Maine and Arizona have public financing systems for state legislative seats.

 

http://atlantaprogressivenews.com/2014/08/25/book-review-dollar-democracy-by-peter-mathews/

 

Cities like Portland, Oregon; and Seattle, Washington, meanwhile, have moved forward with Democracy Voucher programs – local campaign finance mechanisms for local municipal elections.

 

HR 1 bans foreign money, prevents foreign nationals from purchasing political ads, requires disclosure of dark money, requires Facebook and Twitter to disclose the source of money for political ads, targets shell companies, and prohibits coordination between candidates and Super PACs.

 

HR 1 also expands campaign expenditures to include child care, elder service care, and professional development to make it easier for candidates of modest means to run for office.

 

ETHICS REFORM

 

As part of its ethics reform package requires a code of ethics for U.S. Supreme Court justices; creates Foreign Agents Registration Act (FARA); implements stricter lobby registration requirements; and establishes conflict-of-interest and ethics provisions for federal employees and the White House.

 

In addition, it requires the President and Vice President to release their tax returns and the tax returns of companies they own; stops members of Congress from using taxpayer money to settle sexual harassment or discrimination cases; prohibits Congressional members from using their official position to further their financial interests; and much more.

 

(END / Copyright Atlanta Progressive News / 2019)

SOS Investigating Senior Vote-Buying in Atlanta Election

0
0

19797001(APN) ATLANTA — The Secretary of State of Georgia is investigating apparent vote-buying at two senior highrises in Atlanta’s City Council District 3, Atlanta Progressive News has learned.

 

Tess Hammock, a spokeswoman for Secretary Brad Raffensperger, confirmed the investigation is ongoing, but said she could provide no further details at this time until the investigation is complete.

 

APN has obtained photographs of two flyers that apparently were posted – one at Friendship Tower Apartments and one at Silvertree Seniors Atlanta Apartments.

 

“EARLY VOTING: FREE RIDES TO THE POLLS,” the flyers state.  “Monday, April 8th & Tuesday April 9th 9:00am. Meet in Lobby.”   So far, so good.

 

But then, the flyers take a disturbing turn.  “Enter A chance to Win. Grand Prize: Rent Paid for May (up to $150.00).  2nd Prize: $25.00 Walmart Gift Card. 3rd Prize: $10.00 cash.”

 

The Friendship Tower flyer advises senior residents to contact Karen Ashley, Service Coordinator for the residence.  The Silvertree flyer says to “PLEASE SIGN UP WITH STEPHANIE.” Stephanie Godfrey is the Service Coordinator for Silvertree.

 

The buying and selling of votes is a felony, per State of Georgia law.

 

O.C.G.A. 21-5-570 provides: “Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony.”

 

The flyer refers to the early voting period that occurred in the April 16, 2019 Run-off for Atlanta City Council District 3 Special Election.

 

In that election, Antonio Brown received more votes than Byron Amos.    Brown receives 670 votes and Amos received 588.

 

APN observed Antonio Brown’s Campaign with a van of seniors on the first morning of early voting, Monday April 08, consistent with the rides to the polls event advertised in the flyer.

 

APN emailed a publicist for the Brown campaign with several questions and has not received a response.

 

Candidate Byron Amos, former Atlanta Public Schools Board of Education Member, told APN that neither he nor his campaign were behind the flyers.

 

“We’ve fed seniors, but we’ve never offered money.  Our thing is, if you want to vote, give us a call,” Amos told APN.

 

Amos said he became aware of the flyers and directed his campaign to stay away from Friendship Tower because he said it had become a “toxic” environment.

 

Foris Webb, III, who is the Municipal Clerk and Elections Superintendent for the City of Atlanta, says that he received a complaint regarding the flyers, which he forwarded to Richard Barron, Director of the Fulton County Department Registration & Elections.

 

Barron forwarded the complaint to Secretary Raffensperger’s office, Webb told APN.

 

Webb said that he went to Friendship Tower to interview Ms. Karen Ashley and that she advised him at that time that the Secretary of State’s office had already been by to interview her.  

 

Upon learning that, Webb withdrew his questions so as not to duplicate the state investigation, he said.

 

Karen Ashley says that she had planned to use her own money, that she was not aware of a similar flyer at another highrise, and that she did not end up giving the prizes because of the investigation.

 

When asked if the rides to the polls were being provided by Antonio Brown, she responded that the rides to the polls “weren’t necessarily for him.”

 

Ashley said she was concerned about the low turnout and wanted to encourage seniors to vote.

 

However, this does not seem to explain how there were two different flyers at two different highrises, with the same graphics and almost the same exact wording.

 

“Did Karen Ashley and the person at Silvertree share the same thought?” Amos asked.

 

“Hopefully, someone asks for footage as well,” Amos said.

 

APN reached out to Ms. Godfrey and has not received a response.

 

APN has reached out to a witness to confirm certain information, but has not been able to reach them to date.  In addition, APN has reached out to another potential witness, but has not been able to reach them to date.

 

(END / Copyright Atlanta Progressive News / 2019)

 

EDITOR’S NOTE: The author of this article was a candidate in the March 19, 2019 General Election that preceded the April 16 Run-off Election, as previously reported by APN.

 

Georgia Approves New E-Voting Regime, but will Paper Record be Utilized?

0
0

20190130_140345With additional reporting by Matthew Charles Cardinale.  Photograph by Gloria Tatum.

 

(APN) ATLANTA — On April 02, 2019, Gov. Brian Kemp signed HB 316, a new law to require the State of Georgia to purchase new electronic voting equipment for Georgia elections.  

 

The law attempts to address some of the concerns raised by elections integrity activists in Georgia over the last nearly twenty years, by adopting the use of touchscreen Ballot Marking Devices (BMD’s) that create a paper record of voters’ votes.

 

Our current E-voting machines in Georgia, Direct Recording Electronic (DRE) machines in place since 2001, create no paper record.

 

With the new machines, voters will still interface with a computer to select their candidates and their responses to any ballot initiatives.  Then, after the voters make their choices, the machines will generate a paper ballot that is supposed to reflect their selections.

 

Voters will have the opportunity to review this paper record in order to make sure it reflects their votes, before hitting a confirmation button to finalize their vote.

 

However, computer experts say that barcodes used by BMD’s are vulnerable to hacking; meanwhile, the law does not specifically require that the paper ballots be used in a recount.

 

WILL PAPER RECORD BE USED?

 

“There is a paper record produced supposedly of the voters’ votes,” Garland Favorito, an elections integrity activist with VoterGA, who previously sued Georgia over its current E-voting machines, told Atlanta Progressive News.

 

“There are several issues.  The paper ballot could have [its] votes embedded in a barcode,” Favorito said.

 

“If they pick a ballot marking device that embeds,” and if the barcode is what is used in tabulations and recounts, “it’s unverifiable.  It’s barely better than what we have now,” Favorito said.

 

“To have verifiability, you have to tabulate what the voter saw,” Favorito said.

 

HB 316 “doesn’t mandate the type of Ballot Marking Device.  It allows any type… to be used. The RFP (Request for Proposals) also left it open.  This was a big issue,” Favorito said.

 

In addition, HB 316 leaves open the question of whether the paper ballot or the barcode will be used in tabulations or recounts.

 

“We proposed a Human Readable Tabulation Amendment to tabulate what was human readable,” Favorito said.

 

Favorito said this amendment passed the Senate Ethics Committee and full Senate last year, but not this year when HB 316 actually passed.

 

APN reached out to Secretary of State Brad Raffensperger’s office, which recently issued an RFP to voting machine vendors pursuant to HB 316, to see whether they agreed with Favorito’s analysis.

 

However, a spokeswoman for the office stated that while the RFP is in process, they cannot speak about anything that could impact the RFP process, citing the Georgia Procurement Manual.

 

THE LANGUAGE OF HB 316

 

APN reviewed the language of HB 316 to attempt to find the answer.

 

HB 316 amends the definition of “official ballot,” to include “paper ballots that are read by ballot scanners;” yet, it appears to leave open the possibility that an “electronic” record, such as a barcode, will be an official ballot.

 

The definition, as now amended, reads as follows: “(18) ‘Official ballot’ means a ballot, whether paper, mechanical, or electronic, which is furnished by the superintendent or governing authority in accordance with Code Section 21-2-280, including paper ballots that are read by ballot scanners.”

 

Even if the State selects a vendor that allows for barcode scan technology, that does not automatically mean that the barcode is what will be tabulated, although one might ask what is the purpose of a barcode, if not to be used?

 

It is not immediately clear from HB 316 who is supposed to decide whether to use the paper ballot or the barcode as the official record.  However, given the obvious problems that would come if each election superintendent chose to do it differently, it appears to be the Secretary of State’s decision.

 

As for recounts, HB 316 states as follows: “The paper ballot marked and printed by the electronic ballot marker shall constitute the official ballot and shall be used for, and govern the result in, any recount… and any audit.”

 

This language does not specifically preclude reliance on information contained in a barcode, but seems to reference being “marked,” which one could argue means that in a recount, the information verified by the voter on the paper ballot is what would be used in a recount.

 

Currently, recounts with Georgia’s existing E-voting machines are merely a re-running of electronic totals and there really are no such things as individual ballots.

 

LEGISLATIVE DEBATE

 

HR 316 was sponsored by State Reps. Barry Fleming (R-Harlem), Jan Jones (R-Milton), Jon Burns (R-Newington), Ed Rynders (R-Albany), Sam Watson, R-Moultrie), and Trey Kelley (R-Cedartown).

 

http://www.legis.ga.gov/legislation/en-US/Display/20192020/HB/316

 

HB 316 passed the House of Representative on February 26, 2019 along party lines, 101 to 72.  

 

On March 12, the Senate also voted along partisan lines 35 to 21 to pass HB 316 after over three hours of heated debate in the full Senate chamber.

 

“It reeks of corruption prioritizing vendors over voters… and it stains this body for passing it,”  State Sen. Elena Parent (D-Atlanta) said on the Senate floor.

 

There is nothing more important to a democracy than the right to vote, it is what separates us from fascism…. Our constituents are concerned about our elections…and they are unconvinced that the process is fair,” Sen. Parent said.

 

“This process seems to be driven by one vendor… it looks like we are passing a bill for a company and not the people of Georgia,” State Sen. Steve Henson (D-Stone Mountain), Senate Minority Leader, said on the Senate floor.  

 

Other problems include a conflict of interest with an Election Systems & Software (ES&S) lobbyist now working in the Governor’s office, and a six million dollar fiscal burden on counties.

 

Republican lawmakers ignored the advice of leading cyber and election security experts and national computer scientists who warned them that BMDs using a barcode technology were insecure and vulnerable to hacking.   

 

NEW REPORT ON BMD’S

 

A new report, Ballot-Marking Devices (BMDs) Cannot Assure the Will of the Voters, has been released by cybersecurity experts Andrew Appel, Princeton University; Philip Stark, University of California, Berkeley; and Richard De Millo, Georgia Tech.

 

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3375755    

 

The report states, “computers… can be hacked and misprogrammed.  A hacked BMD can print a vote on the paper ballot that differs from what the voter expressed, or can omit a vote that the voter expressed.”  

 

Hacking, bugs, and configuration errors each can cause the BMSs to print votes that differ from what the voter entered and verified electronically.

 

Therefore, BMDs should not be used by voters who can use hand-marked paper ballots, the authors recommend.

 

The report points to design flaws with the ES&S Express Vote model, the ES&S Express Vote XL model, and the Dominion ImageCast Evolution (ICE).  

 

All three of these machines have serious security vulnerabilities, according to the report: they can mark the paper ballot to add votes or spoil already-cast votes.    

 

Vote-stealing software could easily be constructed that looks for undervotes on the ballot and marks those unvoted spaces for the candidate of the hacker’s choice.

 

http://atlantaprogressivenews.com/2019/02/04/safe-commission-seeks-new-e-voting-machines-experts-warn-against-model-selected  

 

“From a cybersecurity standpoint, there is no difference between the touchscreen BMDs favored by Brian Kemp and the paperless touchscreen DRE’s that Georgia currently uses,” Richard DeMillo, a computer scientist at Georgia Tech, told APN.   

 

(END / Copyright Atlanta Progressive News / 2019)

Nine Candidates in Fulton to Replace Darnell on Commission

0
0

emma darnell(APN) ATLANTA — There are nine candidates in the September 17, 2019 Special Election to replace Fulton County Commissioner Emma Darnell (District 6), who passed away in May 2019.

 

Qualifying began on June 24 and ended on June 28, 2019.

 

“While it will be impossible to replace the late Commissioner Darnell, it is important to hold the election to fill the District 6 seat at the earliest opportunity, and I fully expect that an array of candidates will be interested,” Fulton County Board of Commissioners’ Chairman Robb Pitts said in a statement. 

 

“Until the time that a new Commissioner is elected, it will be my responsibility, along with the late Commissioner’s staff, to ensure that District 6 continues to be represented.”

 

If necessary, a Runoff will be held on Tuesday, October 15, 2019.

 

The winner of the election will serve the remainder of Darnell’s unexpired term, which runs through December 31, 2020.

 

The candidates includes former Commissioner Gordon Joyner; Khadijah Abdur-Rahman; former College Park Councilman Joe Carn; Sojourner Marable Grimmett; Sonia Francis-Rolle; Yoshina Colbert Bradford; Rafer Johnson; Carl Winfred Dorsey, Jr.; and Warren C. Head, Jr.

 

Former Commissioner Bill Edwards, who was redistricted into the same district as Commissioner Darnell and ran against her in 2014, now serves as the Mayor of the City of South Fulton, the newly created city.

 

District 6 covers much of the southern part of Fulton County.  It includes the unincorporated portion of the County, Fulton Industrial Boulevard; and the entirety of the cities of Chattahoochee Hills, Palmetto, Fairburn, and Hapeville.  In addition, it also covers the majority of the cities of College Park, South Fulton, and Union City; and portions of East Point and Atlanta.

 

GORDON JOYNER

 

Former Commissioner Gordon Joyner previously served a total of four terms on the Fulton County Commission, including two district terms and two at-large terms.

 

Joyner was appointed to an open seat in 1987 that was created when the now-late Commissioner Reginald Eaves was found to have committed an ethics violation related to a zoning matter.

 

He then was reelected to that seat, which at the time was District 5, but later resigned to care for his mother, who passed away shortly thereafter.

 

The following year, Joyner ran for, and was elected to, a Countywide seat that was created when then-Commissioner Martin Luther King, III, ran for County Chairperson.  He served until 2000.

 

Commissioner Joyner has an extraordinary resume, with a focus on fair housing and equal opportunity.  As a Commissioner, he authored and secured the unanimous passage of the first local government Civil Rights law in the State of Georgia, which was Fulton County’s Fair Housing Ordinance.

 

Joyner served as the Director of the U.S. Department of Housing and Urban Development’s Office of Fair Housing Enforcement, and more recently headed the Georgia Commission on Equal Opportunity.

 

Joyner has served as a Judge on the Atlanta Municipal Court, and as Chairman and Chief Registrar of the Fulton County Board of Elections and Voter Registration.

 

https://gordonjoyner.com/meet-gordon-joyner/

 

KHADIJAH ABDUR-RAHMAN

 

Khadijah Abdur-Rahman is a former sales executive and current business owner.  She served on the Board of Directors of Atlanta Legal Aid and the Fulton County Commission on Elderly Affairs.

 

Abdur-Rahman previously ran in 2000 for the open seat to which Bill Edwards was elected.  That open seat was created after then-Commissioner Michael Hightower pled guilty to accepting a bribe from a county contractor.

 

http://weneedkhadijah.com/

 

JOE CARN

 

Joe Carn served as the Ward II Councilman for College Park from 2005 to 2017, when he was unseated by Derrick Taylor.  He currently works in the Fulton County Solicitor’s Office.

 

In 2014, 11 Alive television news reported that Carn purchased a home from College Park for thirty thousand dollars, which the Mayor had opposed as a possible insider deal.

 

SOJOURNER MARABLE GRIMMETT

 

Sojourner Marable Grimmett works for the National Church Residences and is a Board Member of Fulton Atlanta Community Action Authority.

 

Previously, she served as Director of Constituent Services for the Fulton County Chairman; and as Senior Public Affairs Officer for Fulton County Government.

 

https://www.electsojourner.com/

 

SONIA FRANCIS-ROLLE

 

In 2018, Sonia Francis-Rolle previously announced her candidacy for the Republican nomination for Georgia State Superintendent of Schools, but her name did not appear on the ballot.

 

She and her husband are co-founders of Velaire Washington Enterprise, Inc., an educational consulting company.

 

YOSHINA COLBERT BRADFORD

 

Yoshina Colbert Bradford is a real estate broker.

 

RAFER JOHNSON

 

Rafer Johnson works for Delta Airlines.  He has previously run for State House of Representatives and Mayor of the City of South Fulton.  He was an advocate for the creation of the City of South Fulton and has campaigned in support of former Fulton County Chairman John Eaves.

 

http://atlantaprogressivenews.com/2016/03/20/apn-candidate-qa-rafer-johnson-house-district-62/

 

http://www.raferjohnson.us

 

CARL WINFRED DORSEY, JR.

 

Carl Winfred Jorsey, Jr., is the nephew of Dr. Joyce Dorsey, the CEO of Fulton Atlanta Community Action Authority; and of affordable housing advocate Hattie Dorsey.  He works in the entertainment industry.

 

WARREN HEAD, JR.

 

Warren C. Head, Jr., is a retiree.

 

(END / Copyright Atlanta Progressive News / 2019)


APS Candidate Challenging Special Election Results in Court

0
0

keisha carey(APN) ATLANTA — Keisha Carey, who was a candidate in the September 17, 2019 Special Election for Atlanta Public Schools Board of Education District 2, is challenging the election results in Fulton County Superior Court.  

 

The case has been assigned number 2019CV327216.  Carey filed on Friday, September 27.

 

Atlanta Progressive News first reported the news of the election challenge on our new program on People TV Atlanta Channel 24, Atlanta Progressive Views, on Wednesday, October 02, from 6 to 7 p.m.  Carey was a guest on the show.

 

The Special Election was held due to the resignation of Byron Amos, who ran for Atlanta City Council District 3 in the March 2019 Special Election.

 

Nine people ran for the APS seat.  

 

Two candidates, Aretta Baldon and Davida Huntley, advanced into a Run-off that is scheduled for Tuesday, October 15, 2019.

 

Baldon received 342 votes, while Huntley received 282 votes.  Carey came in sixth place with 78 votes.

 

The other candidates were Christopher Brown, William Chandler, Nathaniel Dyer, Ed Johnson, Chadd Jonessmith, and Paula Kupersmith.  All the candidates are named as parties because their rights are affected.

 

http://citycouncil.atlantaga.gov/council-divisions/municipal-clerk/2019-city-of-atlanta-special-election/september-17-2019-certified-election-results-abe-district-2

 

Carey is challenging the election on three bases.

 

First, she alleges that candidate Davida Huntley was physically present on Election Day at a polling location that is also a senior residence, Abernathy Towers, in violation of Georgia law which prohibits campaigning within 150 feet of a polling place.  

 

Carey claims to have a witness of the violation.

 

Carey tells Atlanta Progressive News that she wants all the votes received by Huntley at Abernathy Towers to be invalidated.

 

APN left a voice message for the Huntley campaign on Saturday, October 05, but did not receive a response.

 

O.C.G.A. 21-2-522 provides the grounds upon which a candidate can challenge an election, including:

 

“(3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;” and

 

“(4) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result…”

 

In this case, Carey is arguing the Huntley/Abernathy Tower votes should be invalidated because they are illegal or erroneous.

 

However, while O.C.G.A. 21-2-414, which contains the “150 feet law,” provides that violating the law can result in a misdemeanor, the section does not speak to the possible invalidation of votes.

 

Even if the court does find it can invalidate votes because of the 150 feet law, the court is likely to look for evidence that seniors at Abernathy Tower who voted for Huntley were either not intending to vote, or were going to vote for another candidate, if not for the alleged campaigning by Huntley.  And it would have to be a sufficient number of votes to change the outcome of the election.

 

Second, Carey notes that two polling books went missing prior to the election.

 

Indeed, this shocking revelation came to light on Election Day.  Two polling books containing sensitive voter data were apparently stolen from the Grove Park neighborhood polling location the night before the election, September 16.

 

https://www.11alive.com/article/news/politics/grove-park-polling-center-machines-stolen/85-8babe698-9849-4a7a-8575-7a8e39a6cc04

 

Fulton County has said that the devices were password protected, although many hackers and technology professionals have shown that they can hack into various Georgia election machines over the years.  

 

To date, it is not clear what became of the missing or stolen devices.

 

The burden will be on Carey to show that this extraordinary breach of election security was sufficient to change the results of the election.

 

Third, Carey argues that the turnout in the APS BOE Special Election was so low as to be suspicious.

 

Indeed, only 1,119 votes were recorded as cast, out of 58,227 eligible voters in APS Board of Education District 2: a turnout of 1.92 percent.  By any standard, even a U.S. standard, that is dismal.

 

Carey says no voters showed up to vote at Clark Atlanta University’s polling location on Election Day.  With only one early vote from that precinct, that means 3,311 registered voters out of 3,312 did not turn out to vote.

 

That is quite suspicious.  After all, Atlanta’s historically Black colleges tend to have higher turnout than other precincts in BOE District 2; and, institutionally, have tended to promote voting and civic engagement as part of their ongoing discourse.

 

Still, it is not immediately clear how Carey will convince the court that this was evidence of irregularity, rather than voter apathy.  

 

Carey insists her suit is bringing important issues to light involving Fulton County Elections, the City of Atlanta, and Atlanta Public Schools.

 

To be sure, there are a great many election issues plaguing Fulton County Elections.

 

For example, additional irregularities and issues were raised in Greg Clay’s election contest of the Atlanta City Council District 3 March 2019 Special Election.  However, in that case, the evidence presented was not sufficient to overturn the results.

 

(END / Copyright Atlanta Progressive News / 2019)

APS Candidate, Baldon, Funded Heavily by Pro-Charter Interests

0
0

aretta(APN) ATLANTA — Atlanta Public Schools Board of Education District 2 candidate Aretta Baldon, a strong proponent of charter schools who has advanced to the October 15, 2019 Run-off Election, is heavily funded by charter school interests, according to an analysis obtained by Atlanta Progressive News from an APN reader.

 

Baldon is in a Run-off with Davida Huntley.

 

Atlanta Public Schools has been the center of debate around privatization and charter-ization of public schools.  

 

APS has opened more and more charter schools while closing public schools over the last couple decades.

 

An analysis of Baldon’s September 06, 2019 campaign finance disclosure, submitted September 09, reveals the following:

 

Arthur Blank, a charter school philanthropist, gave 2,800 dollars to Baldon.  In addition, three Blank Foundation or Blank business employees, and one spouse of a Blank employee, gave a total of 5,200 dollars.

 

Former APS BOE Member Mark Riley, a charter school activist, donated four hundred dollars to Baldon.

 

Two employees of Cousins Family businesses, headed by charter school proponent and philanthropist Tom Cousins, donated a total of 3,050 dollars to Baldon.

 

Alison Chiock of Drew Charter School donated 250 dollars to Baldon.

 

Eight Board Members of KIPP Metro Atlanta, a private charter school firm, donated to Baldon for a total of 5,400 dollars.

 

Curley Jr. Dossman of the Georgia Pacific Foundation, which is pro-charter schools, donated one thousand dollars.

 

Charlton Harris of the Imhotep Academy, a private school, donated five hundred dollars to Baldon .

 

Three individuals serving on private school boards–J. Donald Childress, Allegra Lawrence Hardy, and Staci Lynch–donated a total of 3,850 dollars to Baldon.

 

Carla Knoblock, a “education reform” philanthropist who has given to Yes Prep Public Schools, gave 1,500 dollars to Baldon.  Emily Knoblock, an apparent relative, also gave 1,500 dollars.

 

In addition, Atlanta City Councilman Matt Westmoreland (Post 2-at-large) donated one hundred dollars to Baldon.  

 

Westmoreland, who formerly served on the APS BOE as the District 3 representative, has been a strong proponent of charter schools.   In recent weeks, he has been publicly campaigning in opposition to the BOE’s decision not to renew the contract of Superintendent Meria Carstarphen, who was a very pro-charter Superintendent.

 

HUNTLEY AVOIDS ANSWERING SENIOR HIGH-RISE ALLEGATIONS  

 

As previously reported by APN, a lawsuit challenging the results of the APS BOE District 2 Special Election filed by candidate Keisha Carey, alleges that candidate Davida Huntley was illegally campaigning on Election Day at the Abernathy Towers senior highrise that is also a polling place.

 

http://atlantaprogressivenews.com/2019/10/06/aps-candidate-challenging-special-election-results-in-court/

 

APN reached Huntley by phone on Monday, October 07, 2019, and asked Huntley whether it was true that she was physically present at the polling place on Election Day.

 

Huntley said she had not seen the lawsuit and wanted to review it prior to responding.

 

It is unclear why it would be necessary for Huntley to review the lawsuit before answering a simple factual question, unless she really was there for at least some portion of Election Day.  After all, if it were untrue, it would have been quite easy to deny the allegations.

 

(END / Copyright Atlanta Progressive News / 2019)





Latest Images