David Shafer

Congratulations, Mr. President!

@Tweetoleon I did. He responded by saying anyone who disagreed with him is "retarded" and adding: "Unlike you, I am an actual Georgia election lawyer." He combined an ad hominem attack with an appeal to false authority.

@DavidShafer If his analysis is flawed or factually incorrect, hit him there. Not with snide ad hominims.

By this strawman argument, no one is allowed to criticize Trump's Iran policy unless he has prior service as commander in chief.

@Tweetoleon Erick is free to comment on legal questions. But if he does so holding himself out to be "an actual Georgia election lawyer" when he is not, he is lying and potentially violating the Rules of Professional Conduct.

Your deliberate obtuseness is noted. One need not possess lived experience of a subject to comment upon it knowledgeably. The entire field of history is founded on the premise.

@IamJMKS @StateBarofGA I corrected his faulty logic and erroneous history. Elections can be suspended even if they are already underway. It has been done before by the very same people in charge today. We can argue about whether or not it should be done again. But it has been done before.

@DavidShafer @StateBarofGA Do we have a national and state declared emergency? Did they redistrict or just pause the election?

Are you allowed to you call yourself a "Georgia election lawyer" and give legal advice if you are not an active member of the @StateBarofGA or eligible to practice law in the state?

Correct. The presidential preference primaries were suspended in 2020 after they were already underway. They were not suspended under a constitutional power given to the Secretary of State. They were suspended by him pursuant to a declaration by the Governor. The State Constitution does not give the Secretary of State the power to suspend elections. The State Constitution does not give the Secretary of State any powers over elections except to receive the election returns. All of the election related powers of the Secretary of State are given to him by the Governor and General Assembly by statute.

Wrong again. The Georgia Constitution gives no power to the Secretary of State over elections.

@IamJMKS @StateBarofGA It was done in 2020.

@DavidShafer @StateBarofGA Is he wrong? Cite facts

@DrinkOutTheBox Good grief. I corrected Erick's misstatement that elections could not be suspended while underway by pointing out it was done in 2020. I have not said one way or another if it should be done in 2026.

You can’t bullshit me. You said that Governor Kemp should suspend the election and redraw the maps. What provision of the constitution or law allows for that? Simple answer, please. There isn’t one. You lied. Kemp did not suspend the 2020 election, and he can’t suspend this one. I’m not arguing in circles. You, on the other hand, are acting like a Roomba with a sock stuck in the draw trying to get out for under the bed by repeatedly dry humping the same baseboard until your battery dies.

Number one, in 2020, under Georgia law, the Governor suspended primary elections that were underway. Number two, Erick is not eligible to practice law in Georgia, let alone "an actual election lawyer in Georgia."

@DrinkOutTheBox You are talking in circles, contradicting yourself as you keep changing your story. Enjoy your Saturday!

@DavidShafer How did the governor authorize it? What was the actual order, and why are you ashamed of just saying it?

@DrinkOutTheBox There is nothing to retract, The Governor and Secretary of State suspended the 2020 Presidential Preference Primary while it was underway. The Governor authorized the Secretary of State to suspend the election and then the Secretary of State suspended it.

You ready to retract this obviously false statement yet? The governor of Georgia cannot by law independently suspend an election. That’s not what happened in 2020, and it can’t happen today. This shit goes down like a sandpaper and fence staple sandwich, but Erickson is right on this. Our Republican energy is better spent on removing Jon Ossoff than it is wishing Kemp would do something he legally can’t do.

@WolfgangBuc The Governor declared an emergency which allowed the Secretary of State to suspend the election under the Georgia Election Code. All of the Secretary's powers over elections are statutory, not constitutional.

@DavidShafer Then how did he vacate the 2020 primary?

@TheVanderVliet @DrinkOutTheBox He claimed in his earlier post that the Constitution authorized the Secretary of State to suspend elections but only in the event of an emergency. Of course none of this is in the State Constitution, as he eventually admitted elsewhere in the thread,

@DavidShafer @DrinkOutTheBox Cute. You know that the constitution does not specify state election procedures. That power is given to the states via the constitution. Kemp is following the law. He cannot suspend an election. And you know this.

@DrinkOutTheBox I understand the difference. You said the Secretary of State was authorized by the Constitution to suspend election, which of course is not true. The Constitution gives the Secretary of State no powers over elections than being the officer who receives the returns.

A legislature would be pointless if a constitution were intended to cover all aspects of a society. A constitution sets guidelines that the separate branches of government operate within. The GA constitution empowers the legislature to pass these laws. Laws are grounded in the constitution until proven otherwise. Do you think the GA election laws violate the constitution? Fine. Go all in on that.

@DrinkOutTheBox That is not from the Constitution.

Limited Postponement Authority (O.C.G.A. § 21-2-50.1) This is the only provision in election law allowing alteration of an election date. Steps required: 1. Governor (or federal agency) must first declare a state of emergency or disaster pursuant to O.C.G.A. § 38-3-51 (or federal law) that covers the affected area. (Note: While § 38-3-51 is in the emergency management title, election law expressly incorporates it by reference as the prerequisite trigger.) 2. Secretary of State then exercises discretionary authority to postpone the date of any primary, special primary, election, or special election in the affected area. • This also allows postponement/extension of candidate qualifying periods. • Any postponement cannot exceed 45 days. • The Secretary must exercise this power “carefully.” 3. The Secretary issues the postponement order. There is no required additional approval from the legislature, courts, or State Election Board, though the action is subject to potential judicial review.

@DrinkOutTheBox Cite the provision of the Constitution empowering the Secretary of State to suspend elections.

Incorrect. Only the Secretary of State has the authority to suspend elections. Period. The Governor doesn’t grant that authority. The Constitution does. However, the constitution restricts the exercise of that authority to only be exercised during a declared state of emergency. Brian Kemp did not suspend the election. He declared a public health state of emergency, which was necessary for him to accomplish many administrative functions without consulting the legislature first, including suspending schools, tapping into emergency funds for remote learning, deploying the national guard to assist healthcare workers…etc That state of emergency allowed SoS to suspend elections, but it did not cause it, and in no way did Kemp require it. But here’s the curious part: You know all of this. Why are you deliberately excluding these details? I get that you don’t like Kemp, neither do I. But I’m not willing to sell my soul and tell lies in order to disparage him. In my mind he’s done that himself. You know this election cannot be suspended unless the SoS orders it after a formal emergency declaration from the governor. On what grounds could Kemp declare a state of emergency? Should he abuse his authority and conspire with the SoS to declare a limited emergency under a false premise just to eliminate one democrat from congress? You’re a petty, slimy little man who’s used to kicking your opponents in the knees in order to make yourself appear tall. And you’re getting your ass handed to you by a 40 year old dude sitting on his couch and drinking beer in sweat pants. How tall do you feel?

@battleshiplover @TexasBluebonne6 @StateBarofGA As "an actual Georgia election lawyer."

@DavidShafer @TexasBluebonne6 @StateBarofGA He's not giving legal advice. He's giving an expert opinion.

@AdamWatkinsJD @StateBarofGA @EWErickson Georgia suspended elections after early voting had started in 2020. Erick is misstating history and misquoting the Constitution, not to mention calling anyone who disagrees with him "retarded" because, and I quote: "Unlike you, I am an actual Georgia election lawyer."

@DavidShafer @StateBarofGA @EWErickson Are you saying Georgia CAN do it even though early voting has already started? If yes, cite your sources, and then your point will have been well made. Otherwise, you are the one spreading misinformation by falsely alleging that Erick was spreading misinformation.

The woman with the stick is wearing a "Make America Kind Again" shirt.

@DrinkOutTheBox You said that only the Secretary of State has the authority to suspend elections. Not true. The Secretary of State has authority only when given to him by the Governor.

Correct, numbnuts. The governor has the authority to declare a state of emergency. But Raffensburger suspended the election. It’s pretty telling that you said “signed a declaration” without specifying that it was a public health state of emergency declaration rather than a declaration to suspend an election.

@AdamWatkinsJD @StateBarofGA @EWErickson He is spreading misinformation while holding himself out as “an actual Georgia election lawyer.”

@DavidShafer @StateBarofGA Lighten up Francis. It's not like he's pocketing retainers and showing up at hearings. @EWErickson

@DrinkOutTheBox Raffensperger suspended it pursuant to a declaration signed by the Governor.

@DavidShafer False. The governor of Georgia does not have the authority to suspend an election. Only the Secretary of State has that authority. Brad Raffensburger suspended the election.