Panel: Georgia shouldn't take over Fulton County's elections

Georgia’s most populous county has had significant problems with its elections in recent years but has also shown considerable improvement, and the state should not step in to take over its elections, according to a report by a bipartisan review panel.

The State Election Board appointed the three-person panel in August 2021 after Republican lawmakers used a provision of a sweeping election law passed earlier that year to request a review of Fulton County’s handling of elections. The report, obtained by The Associated Press, was submitted on Friday to the board and the Secretary of State’s office.

The report says that in previous years Fulton County’s elections have been plagued by “disorganization and a lack of a sense of urgency in resolving issues.” But it also notes that the county showed improvement from 2020 to 2022, that old staff members have left and “new staff can bring new energy and renewed commitment.”

The Fulton County Board of Elections and Registration is a driving force behind those improvements, the report says.

“Replacing the board would not be helpful and would in fact hinder the ongoing improvements to Fulton County elections,” it says.

Fulton County includes most of the city of Atlanta and is home to about 11% of the state’s electorate. A Democratic stronghold, it has long been targeted by Republicans.

Several Republican lawmakers whose districts include parts of Fulton in July 2021 submitted a letter to the State Election Board noting the county’s history of problems and demanding answers.

Former President Donald Trump had zeroed in on Fulton after he lost Georgia by a slim margin in the November 2020 general election. In phone calls to state election officials and in public comments, Trump made unfounded claims of widespread election fraud in the county.

Some of the actions he took as he tried to overturn his election loss, including a phone call to Secretary of State Brad Raffensperger, led Fulton County District Attorney Fani Willis to open an ongoing investigation into whether Trump and others illegally meddled in the state’s election.

The Fulton County review panel appointed by the State Election Board included Stephen Day, a Democratic appointee to the Gwinnett County election board; Ricky Kittle, a Republican appointee to the Catoosa County election board; and Ryan Germany, general counsel for the Secretary of State’s office.

Fulton County has “a long and well-documented history of issues administering elections,” the report says. Those include long lines, inefficiency in reporting election results and other issues. Those shortcomings were particularly pronounced during the 2020 primary election, resulting in a consent order between the county and the State Election Board that included the appointment of an independent monitor for the general election that year.

That monitor, Carter Jones, observed the county’s practices before, during and after the 2020 general election. He said he found sloppy practices and poor management but no evidence of “any dishonesty, fraud or intentional malfeasance.”

The controversial takeover provision in the 2021 election law allows state lawmakers who represent a county to request a review of local election officials and their practices. The State Election Board must then appoint a review panel that is required to issue a report after a thorough investigation.

The law says that if the state board finds evidence that county officials violated state election law or rules three times in the previous two election cycles and have not fixed violations, it could eventually suspend the county board. It also says the state board could remove the county board if it finds that during at least two elections over two years the county board has shown “nonfeasance, malfeasance, or gross negligence.”

If the county board is removed, the state board would appoint a temporary administrator.

Democrats and voting rights activists complained when the law was passed that the takeover provision would open the door for political interference in local elections and could suppress turnout. Republicans said it was necessary to make sure county election officials are following the law.