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In the aftermath of yet another Georgia election runoff this December, Secretary of State Brad Raffensperger called for reform to Georgia’s election system. Raffensperger was right to call for reform; in a recent AJC poll, 58% of respondents favored changing the current election model.
It’s no surprise that voters are fed up. The current system, where any election goes to a runoff when a candidate doesn’t clear 50% of the vote, is a burden on voters, the State, and the candidates for office.
The state legislature should act now to fix this by implementing open primary, ranked choice voting statewide for a fairer, more responsive, and more efficient electoral system.
This might sound complicated at first, but really it’s quite simple. An open primary means all candidates, regardless of party, compete on equal footing to be included in the general election. Ranked choice means that in the general election, voters rank their candidates in order of preference. Instant runoff means that if a winner doesn’t emerge in the first count, then a runoff is held instantly to determine the winner, rather than holding an additional election.
Each of these pieces represents a specific improvement over the current system.
First, the open primary: In the primary, any candidate who meets the qualification criteria regardless of party should be eligible, with the most popular of these candidates moving on to the general election.
Instead, in the current system, the state holds primaries on behalf of the Democratic and Republican parties and guarantees the winners of those primaries spots in the general election. This is obviously unfair – the sports equivalent of holding a spot in the playoffs for a team regardless of their record in the regular season.
It is in the state’s interest to make sure there is a reasonable number of candidates for the general election, not to facilitate the Republican or Democratic candidate selection process on behalf of those parties. We should stop doing it.
Second is ranked choice: this means that in the general election, voters get the opportunity to rank the candidates they want.
The simple change of ranking candidates gives voters substantially more control over outcomes. How often in recent years have voters had to hold their noses and vote for someone they don’t support because they don’t want to waste their vote on someone who can’t possibly win? In a ranked choice system, this dilemma goes away – the voter can simply rank the choices. This in turn sends politicians a clearer message of what voters want, increasing the chances that they get it in the future.
Some people think that ranking might be confusing for voters, but I think this is overplayed. Do we really think a meaningful portion of the electorate can’t grasp the concept of “first favorite, second favorite, third favorite”?
Finally, the instant runoff: if no candidate receives the majority of first-choice votes, the candidate with the fewest first-choice votes is dropped out and their votes are transferred to the voter’s next ranked candidate. This continues until a candidate has a majority.
Georgia voters of the last several cycles will spot the improvement here instantly. Georgia’s current system of in-person runoffs is a massive waste of public resources. The 2020 Senate runoff cost Georgia taxpayers more than $75 million and the 2022 Senate runoff is likely to cost a similar number. And it’s not like runoffs are rare events – since 2016, there have been 22 separate runoff events, an average of 3.5 per year. This is a lot of wasted money!
And this is just the cost of running the election, to say nothing of the time lost to voters who have to wait in line to vote again or the candidates who spend another month out on the campaign trail. It might not seem like a big deal for Rev. Raphael Warnock or Herschel Walker to do another month of campaigning, but most public servants aren’t running for U.S. Senate. They’re more like Sarah Beeson and Allen Sells, candidates for my local city council in Roswell, who had to spend another month away from their families and campaigning for a part-time job rather than doing the work of governing. The more time intensive we make it to serve in local government, the less people are going to decide it is worth it to serve.
If this sounds new, consider that both Alaska and Maine are already using a version of this system, so we can say with confidence that it works from coast-to-coast, and Nevada voters passed a referendum to adopt a similar system just last year.
Excitingly, there is movement in Georgia. House Bill 200 would allow municipalities the option of experimenting with ranked choice, instant runoff voting for their elections. This is a step in the right direction, but it doesn’t go far enough, as participation is purely optional. With almost 60% of Georgians dissatisfied with the current system, the legislature should take real action to improve the electoral system by adopting open primary, ranked choice voting statewide for a fairer, more responsive, and more efficient democracy.
James Edward Dillard is a product leader for innovative technology companies and a resident of Roswell, Georgia. He aspires to make Georgia the highest trust society it can be.
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‘It is nothing short of insane:’ Bill to criminalize squatting signed by governor
ATLANTA — Today Gov. Brian Kemp signed legislation criminalizing squatting, the illegal practice of entering and residing on someone else’s property without their consent.
The Georgia Squatter Reform Act makes squatting a misdemeanor criminal offense, punishable by up to a year in jail, a $1,000 fine, or both. It also speeds up the timeline to evict a squatter, giving landlords and law enforcement more tools to establish that someone is trespassing and to demand that they leave.
“It is nothing short of insane that there are some who are entering other people’s homes and claiming them as their own,” Kemp said in a post on X after signing the bill at the state Capitol. “Thanks to our legislative partners, I was proud to sign HB 1017 — once again making it clear that illegal squatters are criminals, not residents.”
Over the past few years, squatting has become more prevalent in Georgia, with trespassers breaking into vacant homes, claiming tenancy and refusing to leave.
A 2023 survey of institutional investors in single-family rental homes who are members of the National Rental Home Council found there were 1,200 illegally-occupied homes in and around Atlanta. Realtors told State Affairs they’ve encountered squatters in homes for sale and rent in Gainesville, Valdosta and Albany.
Until now, law enforcement in many jurisdictions treated the issue as a civil matter, telling property owners to file eviction actions in court, which could take months or even years to resolve.
The new law directs local law enforcement to issue citations and arrest people accused of squatting if they don’t provide a valid lease or proof of payment within three days. If they do produce such documents, it moves eviction proceedings to magistrate courts, and requires cases to be heard within seven business days after filing.
If the judge deems documents they present to be forged or fake, those accused of squatting could be charged with a felony. And judges can impose more fines based on the fair market value of rent that landlords lose.
On hand in the governor’s office for the signing was Rep. Devan Seabaugh, R-Marietta, the lead sponsor of the bill.
“Currently in Georgia law, we’re giving squatters tenant rights,” Seabaugh previously told State Affairs. “And my bill would take that away. It basically says, ‘You’re an intruder, you’re a criminal, and we’re going to treat you like a criminal.’ ”
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State troopers are stretched to fight drugs and curb highway deaths
ATLANTA — When Cpl. Anthony Munoz straps on his bullet-proof vest each day and pulls out of the Department of Public Safety headquarters in Atlanta, Munoz never knows how his shift will unfold. What is for certain is that the traffic — of cars, criminals and contraband — is constant.
And what is also true is that there are not nearly enough state troopers on the road to catch them all.
A 13-year veteran, trooper Munoz, 45, is part of the department’s Criminal Interdiction Unit, whose main focus is suppressing the robust illegal drug trade flowing through Georgia. Last year the eight-member team made 1,309 arrests, including 76 felony drug arrests, and helped other agencies seize $24 million worth of contraband.
In 2019, the unit had 25 members.
Capt. Greg Shackleford, the troop commander, said that in 2020 the unit was split up and half the team was sent to Georgia State Patrol posts around the state, which were hurting for staff, to conduct the Department of Public Safety’s core functions — traffic enforcement and responding to car crashes.
The split has translated into Munoz and the rest of his team now spending most of their time monitoring Interstate 20 just south of Atlanta, and Interstate 75/85 west of the city. He said they regularly support the investigations and busts of other local and federal agencies, and frequently join the governor’s crime suppression details, which have included taking down car thieves and street racers.
All this leaves his team with less time to develop intelligence on their own drug cases and to snare more traffickers. It also means the troopers no longer have time to monitor roads in rural areas in south Georgia where, Shackleford said, many drug traffickers driving trailers full of drugs and contraband enter the state on highways coming from Florida and Texas and now ride around unchecked for hundreds of miles.
Chronically understaffed
The Georgia State Patrol remains chronically understaffed. While the state’s population has grown, and with it the number of motorists, car crashes and criminal activity, the number of state troopers has hovered stubbornly between about 750 and 850 for over a decade, giving Georgia the unwanted distinction of having lowest number of troopers per capita in the country.
The average number of state troopers per capita in the U.S. is 21; for Georgia, it’s eight. And the outlook for changing that is not great, Col. William “Billy” Hitchens, the public safety commissioner, told legislators during hearings last fall — Unless the state makes bold moves in improving compensation. He said Georgia State Patrol has “aimed to reach 1,000 troopers for as long as I have been employed,” which is 30 years.
The state saw its trooper numbers plummet to 745 during the pandemic in 2021. The agency is now back to 845 troopers. The current trooper school started with 61 candidates, and if recent history is a guide, about 70% will graduate in September and put on the badge.
While “things are moving in the right direction” this year in terms of recruitment, said Hitchens, he said too many veteran officers are either resigning or retiring early.
Between 2018 and 2023, 48 troopers left the agency on a full-service retirement, meaning they had served for 30 years. During the same period, 341 troopers resigned, retired early or departed for other reasons. As it costs the department $153,397 to train a trooper, those who left early cost the state $52 million, said Lt. Col. Josh Lamb, director of administrative services for the Department of Public Safety.
Fewer troopers means more highway deaths
Fewer troopers on the state’s roads impact everyone, say law enforcement officials. .
“As our trooper strength decreases, traffic fatalities increase,” said Hitchens.
National Highway Traffic Safety Administration data shows a direct inverse relationship between trooper staffing and the number of fatalities in Georgia. At its low ebb in 2021, with 769 troopers, 1,925 people died on Georgia roads. More recently, in 2023, with 820 troopers, Georgia saw 1,647 fatalities, an 8% decrease over 2022.
“We are concerned with traffic patterns, the way people drive, and we enforce the law out there,” Hitchens told State Affairs. “When you start losing personnel, whether it’s the state, or cities and counties, one of the first things that may be taken away is traffic enforcement. Because they’re responding to other calls — robberies, domestics, you name it. And when troopers stop doing it, there are just fewer people out there reminding you, ‘Hey, that’s dangerous. Slow down.’ ”
The state patrol wrote 408,574 citations to motorists last year, but issued even more warnings — 510,265. Hitchens noted that mere trooper presence on the highway is a strong deterrent.
“It doesn’t have to be you that gets stopped,” he said. “Those 50 cars that ride by during that time and see that patrol car, go ‘Ooh, I don’t have my seatbelt on … I’m playing with my phone,’ and it just impacts that behavior. But the less officers you see on the road, the less you have people changing their driving behavior.”
Along with encouraging safer driving, DUI enforcement has become a higher priority for the department. A “Nighthawks” squad of 22 officers patrols after midnight in areas of the state where data analysis shows high incidences of alcohol and drug-induced crashes and violations. The state patrol made 16,409 arrests for driving under the influence in 2023.
Hitchens said the work of such special units is compromised when they’re pulled into other duties due to statewide manpower shortages. The three Nighthawks units, for example, are often pulled into other traffic stops and crime suppression details in Atlanta, Macon and Columbus. And drug interdiction officers have had to cover vehicle crashes and multiple public protests over the Atlanta Public Training Center (dubbed “Cop City”) and, more recently, conflict between Israelis and Palestinians in Gaza.
Besides securing troopers, Hitchens said the department is struggling to recruit dispatchers, who are the lifeline for troopers and officers who patrol alone and depend on dispatchers to provide critical information quickly. Today, the department has 129 dispatchers who work at nine regional call centers. They need 169 to be fully staffed.
A tough sell in the ‘Cop City’ era
Hitchens told lawmakers that heightened public criticism of law enforcement over the past few years has played a role in the department’s ongoing challenges to recruit and retain officers.
“People without understanding of what it’s like to be involved in a rapidly evolving life and death situation started scrutinizing officers, cities started defunding their police departments while demanding greater accountability and more training, both of which cost money,” he said. “Following the George Floyd, Rayshard Brooks and Breonna Taylor instances, the media and some leaders in our community nationwide began to demonize the police.”
Hitchens said that since the death of Manuel Teran, a protester against the planned Atlanta Police Training Center who was allegedly shot by a Georgia trooper during a firefight on the forested property in 2023, and the sometimes violent public demonstrations that ensued, “that dynamic just got worse. For a long time with ‘Cop City,’ it was constant protest, and you know, that weighs on you.”
Munoz, who was patrolling with other local law enforcement on the perimeter of the training center site the day Teran died, said the public’s jaundiced view of that episode and other recent struggles between police and citizens that have gone viral on social media can be frustrating.
“I know that a lot of the narrative out there is not true at all,” he said. “There are millions and millions of police encounters every day. And those [violent] ones are fractions of a percent of incidents, and whether a trooper or officer responds the right way, it all boils down to compliance. If you just comply, you’re presumed innocent, you’ll have your chance to make your case, and the facts will come out. Don’t argue, don’t fight, don’t resist. We don’t want to fight you.”
Noting that he has a wife and four children he wants to come home to, Munoz said, “We’ve been pounded with de-escalation in training, and that’s what we practice. I’m sure there are officers out there now that freeze and that say, ‘Do I do my job? Or am I going to be put in prison, because I reacted in a certain way?’ So we do carry that, and it’s a heavy, heavy burden.”
Last year three House Democrats introduced House Bill 107, the Police Accountability Act, which proposes an end to qualified immunity for law enforcement officers and would have required body-worn cameras for all peace officers. The bill did not advance out of committee, but Hitchens said taken together with the public unrest and anti-police sentiment since 2020, it all had a demoralizing effect on his officers.
“All of these factors are forcing officers to become fatigued with our profession,” he said. “They feel that support is ending and the job is not worth the risk.”
According to the Georgia Peace Officers Training and Standards (POST) Council, the number of officers with basic council certifications in Georgia dropped to 5,956 in 2023 from 6,666 in 2017.
“I don’t think there’s a single law enforcement agency in Georgia that is fully staffed,” said Chris Harvey, deputy executive director of Georgia POST. “And they have a very hard time getting qualified people on board. … There just aren’t enough quality people that are interested in doing this job.”
While some agencies have raised salaries and added signing bonuses, he said, “I can tell you that it’s not a solved problem. Because I don’t think it’s primarily a money issue. I think it has a lot to do with the difficulty of doing this job these days. I’m not sure it’s ever been harder to work in law enforcement. The amount of scrutiny along with the amount of violence that police officers encounter on a regular basis, they generally feel like they’re out there alone. If they make one mistake, they’re gonna pay dearly for it. … It’s a tough sell.”
Father and son patrol leaders fight for trooper compensation
For Hitchens, his push to recruit potential state troopers and convince state leaders to increase pay and benefits for troopers is supported by an unlikely suspect — his dad.
House Appropriations public safety subcommittee chair Rep. Bill Hitchens, R- Rincon is a former trooper who served in the Georgia State Patrol for 28 years, and was later appointed by former Gov. Sonny Perdue to serve as public safety commissioner from 2004 to 2011. The elder Hitchens has served in the House since 2013.
At the House Working Group on Public Safety meeting last fall, Rep. Hitchens noted that the state patrol has maintained around 700 troopers since he joined in 1969, when the state population was about 4 million. “Now it’s 11 million people … and we have a lot more murders, stolen cars and merchandise,” the elder Hitchens said. “Where we fell down, I don’t know. It’s just we’ve never grown. … And now we’re at a breaking point.”
The younger Hitchens was appointed by Gov. Brian Kemp as deputy commissioner for public safety in 2020, and then as commissioner in 2023. As commissioner he oversees the Georgia State Patrol, the Motor Carrier Compliance Division, the Capitol Police Division, and other special law enforcement units, including the crime suppression, SWAT and canine teams.
The son and father team have successfully fought for substantial pay raises for troopers, whose salaries have increased over the past three legislative cycles by nearly $17,000. That includes a 4% cost of living increase and a $3,000 bonus for law enforcement officers approved by the General Assembly in the fiscal year 2025 budget. The starting salary for a new trooper will be $63,684 as of July 1, if the governor approves it in the budget, as expected.
Dispatchers will also get a boost in next year’s budget, with new pay step increases that can take them from a starting salary of $39,000 to up to $56,000 as they earn promotions.
Col. Hitchens said those pay bumps seem to be turning the tide on recruitment. The number of applicants and graduates rose for the last few trooper schools held over the past year. Other changes the department made to trooper school requirements have also helped, including allowing people to go home more often during training, permitting access to mobile phones at night, and allowing people with arm tattoos to train and serve, if they cover them with long sleeves.
“We tried to make changes in training that we felt like really didn’t help people stay,” said Hitchens. “And we didn’t make it kinder or gentler. I mean, in this job that you sign up for, there’s got to be a certain level of discipline, there’s got to be a certain level of respect, with high physical training standards, that’s still there. But the things that we could change, we decided to do.”
Both men remain concerned about how to stem the trend of early retirement, and agree that sweetening the retirement package is the key way to combat it.
Currently most troopers qualify for a pension equal to 1% of their final pay for every year of service, and can also participate in a 401(K) savings plan while they serve, which the state matches up to 9%, depending on their number of years on the force. But Col. Hitchens is pushing for a more generous “defined benefit” retirement plan, with a 3% pension, which he said would double what most troopers get when they retire. Instead of earning about $25,000 a year on average, they would receive about $52,000.
Presently, the average tenure of a state trooper is 10 years, nowhere close to the 30-year careers Hitchens and other leaders want his officers to pursue.
And he knows it matters to them, as retirement benefits emerged as the number one retention issue on a recent agency-wide, anonymous survey.
“Every other agency is increasing their hiring packages, raising pay and offering better benefits, from retirement to free health care,” Hitchens said, noting that the Atlanta and Sandy Springs police departments offer substantially higher pay and 3% defined benefit plans.
“We’re in a competitive bidding process, and we have to offer a reward that’s worth the risk our people are taking with their lives and liberty.”
The tenure of senior officers also matters because of the crucial role they play in mentoring new recruits.
“When we have our young troopers, the men and women that come into the field, they’re excited,” said Shackleford, the troop commander, who spent much of his 36-year public safety career in SWAT before taking over Troop K, which includes the crime suppression, criminal interdiction, K-9, SWAT and dive units. “They see the fast cars, they want to get into something. And the problem is, it’s just like a puppy. A puppy’s gonna get into something and make a mess. So we need the older ones to kind of calm them down and guide them a bit, show them how to see and assess a situation.”
Such role modeling of behavior, said Hitchens, “is very important, especially with de-escalation. A senior officer, having dealt with so much of that, has that confidence and the competence to carry out [their] job in a way that I think a lot of younger, less experienced officers don’t have yet. And that’s how you learn and morph over a career,” said Hitchens, adding that that transfer of knowledge and practice from veterans to recruits “benefits the public as well.”
Rep. Hitchens co-sponsored two bills related to bolstering retirement plans for law enforcement that passed out of the retirement committee during the last session. One passed in the House, but did not get a vote in the Senate. Other lawmakers balked at the cost.
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In hot water with your HOA? A new law buys you time to fix the problem
The Gist
Georgia homeowners living in communities governed by homeowners’ associations now get time to fix a covenant violation before the HOA can take legal action, thanks to legislation signed into law Monday.
Gov. Brian Kemp signed House Bill 220 at the Capitol, continuing his flurry of bill-signings across the state. To date, Kemp has signed about three dozen bills since sine die, which marked the end of the 2024 legislative session, his spokesman Garrison Douglas told State Affairs. Sine die ended in the early hours of March 29. The governor has until May 7 to sign, veto or take no action on a bill. If he takes no action, the bill automatically becomes law.
What’s Happening
HB 220 requires community-governed associations to notify in writing a home or condo owner of a covenant breach — such as painting their house a color not approved by the association, and give them time to fix it before going to court or taking some other legal action.
Rep. Rob Leverett, R-Elberton, sponsored the bill which included parts of an HOA bill promoted by Sen. Donzella James, D-Atlanta. James had been trying for two years to get some HOA-related legislation passed.
While the HOA portion of HB 220 does not go as far as James’ proposed single legislation, it’s a start, she and others say.
Why It Matters
An overwhelming majority of new subdivisions being built in Georgia now will have HOAs, experts told State Affairs. In fact, new homes that are part of a homeowner association are growing fastest in the southern and western part of the United States. An estimated 2.2 million, roughly 22%, Georgia residents live in a building or home overseen by anHOA or some other type of community association, according to the Community Association Institute.
Lawmakers such as James have heard complaints in which HOAs have terrorized homeowners and threatened to take their property, all while homeowners have had little to no legal options. In some cases, homeowners have lost their homes after falling behind on HOAs fees, even if they never missed a mortgage payment.
What’s Next?
While HB 220 is now law, Senate Resolution 37 has yet to be appointed. The resolution, sponsored by James, creates the Senate Property Owners’ Associations, Homeowners’ Associations, and Condominium Associations Study Committee. Committee members will be appointed by the President of the Senate, Lt. Gov. Burt Jones.
Lawmakers appointed to the committee will delve further into HOA issues before presenting recommendations to the Legislature when it convenes in January.
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All you need to know heading into the May 21 primary
Gist
Georgia’s primary is less than a month away and there’s a lot to unpack.
The May 21 primary will be the first time some Georgians will be voting in new districts for state and congressional candidates. They’ll also be voting in local races for sheriff, judges, school board or county commission members. Primary winners who have challengers will go on to compete in the Nov. 5 general election. Georgia is an open primary state, meaning voters can choose the party ballot they wish to vote for.
This year, Georgians who want to vote absentee in the primary could face possible challenges due to mail delivery delays.
What’s Happening
North Georgia and metro Atlanta are seeing significant mail delivery delays. The holdup, according to media reports, appears to be at the United States Postal Services’ new Regional Processing and Distribution Center in Palmetto. The problem has led to dangerous situations in which people are not getting critical medication.
Georgia’s U.S. Sen. Jon Ossoff recently grilled USPS Postmaster General Louis DeJoy on the delays. Ossoff told DeJoy during an April 16 hearing that on-time delivery rates were abysmal. He said 66% of outbound first-class mail had been delivered on time while 36% of inbound mail had been delivered on time in the last three months.
DeJoy blamed the problem on the difficulty in condensing operations at the facility.
With the approaching primary, state lawmakers are concerned the ongoing mail delays could disrupt the election process.
Mike Hassinger, a spokesman for the Secretary of State’s office, told State Affairs that Georgia voters are ready.
“Georgia voters are already registered,” he said. “They know how they like to vote. More than half of them vote early. About 5% vote absentee by mail, just in general, and then the rest are voting on election day. So we’ve been able to set up systems that are familiar with Georgia voters so that the percentage who might be worried about their absentee by mail ballots are relatively small.”
Why It Matters
Georgia emerged as one of the country’s most important political battleground states during the 2020 election. The Peach State will once again play a key role in deciding who wins the 2024 presidential election in November.
In the May 21 primary, Georgia voters will whittle down their choices for who they send to Congress and to the state capitol next year.
Under a federal court-approved redistricting process last year, Georgia now has new congressional and state district electoral maps. Those maps created one majority Black seat in the U.S. House of Representatives, five new majority-Black districts in the state House and two in the state Senate.
The redistricting resulted in new seats, intriguing matchups and former politicians returning to the fray. You can see the newly drawn maps here.
What’s Next?
Here’s what you need to know to ensure a smooth voting process:
To vote early.
Early voting is April 29 to May 17. Find your polling place here.
To vote absentee.
Here’s what you can do to avoid problems if you vote absentee:
- Get your absentee ballot application done early. You can request an absentee ballot here.
- Track your application through Georgia BallotTrax. You must have a valid absentee request on file with your county board of elections in order to see your absentee ballot status in Georgia BallottTrax.
- If you’ve been having mail delays, place your completed absentee ballot in an official drop box during advanced voting instead of using the United States Postal Service. Check your county voter registration and election office for drop box locations. And yes, your absentee ballot counts. It is counted in the final tally not just close races.
- If you change your mind about voting absentee and decide to vote in person, take your absentee ballot to your local elections office where they will void it.
- If you need to contact your county election office, find that information here.
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