Safe and secure Houston County elections

Dear Readers, Georgia’s primary election went off without a hitch, nary a peep about any improprieties. This is a good thing! However, in November the security of our election will be challenged.

Georgia has more centralized election infrastructure than in some other states – it is a bottom-down system. This means the Secretary of State (currently, the somewhat infamous Brad Raffensperger) has an enormous amount of control. He authorizes the voting machines used, he approves the use of dropboxes and voting precincts, he dictates ballot design, and he certifies the election. This is why there was a notorious phone call to find about 11,000 votes.

Counties and their local officials and boards make electoral decisions, but they are ultimately approved or disapproved by the Secretary of State’s Office (Atlanta). The same thing is true with election security and the devices used to vote. There is some wiggle room for local authorities, for example, early voting dates and times may be mandated by Atlanta (SOS), but the choice of facilities and staffing are local decisions.

The structure of local electoral supervisors was established by an election code passed in 1964. In part, this took primary elections out of the hands of the parties, and had the cost and management of elections through local officials. Registrars are responsible for registration and maintaining voting rolls; Superintendents supervise elections, and are responsible for activities like training and authorizing poll workers, verifying voting signatures, and certifying elections at a local level.

In Houston County, the Superintendent and Registrar roles are rolled into the duties of one official, a Director of Elections. This official is hired by and reports to a Board of Elections. The Board is comprised of at least one representative from each party, and as indicated by its organization by-laws. Houston County has five (5) members, three (3) of whom are appointed by the County Commissioners and they have regular monthly meetings, adopting rules for the Director in running the office.

Contests to elections are reported to the local Board for investigation and reviewing irregularities; although, the ultimate determination is made by the State Board of Elections. For example, Charlie Bibb won a Warner Robins City Council seat by one solitary vote in the last municipal election, confirmed by a mandatory recount. He was reported to have been in multiple polling locations wearing campaign paraphernalia, as a candidate for office. If true, this is a crime and theoretically could invalidate his election.

The local Board has no enforcement power over this possible campaign/election violation. It did conduct an investigation and forwarded its findings to the State Board. What happens at this point, thus, in the hands of the State Board, who would have the ability to bring any criminal charges here in Houston County.

Contrary to the accusations hurled about a stolen election, the vote itself is difficult to tamper. First, unlike what we had used in the past, the voting machines produce a paper ballot. It is then scanned and saved, which would permit a manual paper recount if necessary. Second, the ballot marketing devices and scanners are “isolated” from each other and the internet. Once the ballot is loaded onto them, the tabulations are stored on a card, which are eventually loaded into a central tabulating device.

The real problem we will face in November is from misinformation. This could be deliberate or from innocently passing on false claims. We are so interconnected in social media, if someone is predisposed to belief a lie, it is easy to be sucked into believing. Then, it gets passed on as false information by a trusted source. In this way, a lie is like a virus infecting the social community.

Of particular concern is Artificial Intelligence (AI). Past attempts at spreading misinformation was the product of stealthy secret campaigns. This is the first Presidential election with AI hovering in the background. This speeds up (and increases the production value) of manufactured pictures, audio, and video. Essentially, sophisticated programs can combine, recombine, and slice from a variety of information sources to create a new “reality.”

You should proud of all the hard work of our local elections’ office and personnel. They have thankless jobs, with long hours, working under intense partisan scrutiny. Yet, just this week, Mr. Raffensberger and Blake Evans, the Director of Elections, are here in Houston County awarding the County Elections office the Eagle Award for being so innovative and conducting such safe and secure elections.

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami. Owner of Rockefeller Law Center, Jim has been in private practice since 2000. E-mail your comments or confidential legal questions to ajr@rockefellerlawcenter.com.

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