Chattanooga Times Free Press

Secretary of state opposes panel oversite

- BY JEFF AMY

ATLANTA — An attempt to state that Georgia’s appointed State Election Board has the legal power to investigat­e Republican Secretary of State Brad Raffensper­ger’s handling of elections blossomed into a constituti­onal showdown Tuesday, with a lawyer for Raffensper­ger saying board members can’t legally oversee him.

“There is no precedent for an unelected board of political appointees to have oversight over members of the executive branch,” wrote Charlene McGowan, Raffensper­ger’s general counsel. “Giving a board of unelected bureaucrat­s unchecked power over the state’s executive branch is a dangerous policy proposal.”

But the Senate Ethics Committee disagreed, voting to advance Senate Bill 358. The proposal would remove Raffensper­ger from his nonvoting post on the board, allow the board to hire election investigat­ors instead of solely relying on those working for Raffensper­ger and clearly give the board power to investigat­e the secretary of state.

“We’re looking to empower the State Election Board so that they can have oversight responsibi­lity and that there’s no confusion about where that oversight responsibi­lity is vested,” said Ethics Committee Chair Max Burns, a Sylvania Republican.

It’s only part of a push by Republican lawmakers for changes in how elections are run in Georgia.

Raffensper­ger’s steadfast defense of Georgia’s 2020 election, which Democratic President Joe Biden narrowly won, and his rejection of a call by Donald Trump to “find” more Republican votes made him a national figure. But Raffensper­ger is also a pariah among many Republican activists, who continue pushing Trump’s false claims that Georgia’s 2020 results were marred by fraud and that Trump was the rightful winner. And those activists continue to exert pressure on Republican Georgia lawmakers, who face election this year.

Activists have been pushing the State Election Board to investigat­e whether Raffensper­ger mishandled his audit of Fulton County’s 2020 results, motivated by unproven claims of fraud. The board deadlocked 2-2 in December on whether it had such authority, and two board members asked lawmakers to clarify the law.

A lawyer who works for the legislatur­e told committee members Tuesday it’s “an open question under Georgia constituti­onal law” whether the State Election Board can regulate the secretary of state, but said the measure wouldn’t affect Raffensper­ger’s duties as outlined in the constituti­on. Supporters said they can go forward because most of Raffensper­ger’s election responsibi­lities are outlined in state law, not the Georgia Constituti­on.

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