September 27, 2022

By Steven Rosenfeld

On August 29, eight cartons of notarized paperwork challenging 25,000 voter registrations were delivered by pro-Donald Trump “election integrity” activists to Gwinnett County’s election offices in suburban Atlanta. They were accompanied by additional paperwork claiming that 15,000 absentee ballots had been illegally mailed to voters before the county’s 2020 presidential election.

Two days later, the activists held a briefing on the filings. It was led by Garland Favorito, a soft-spoken retired IT professional who has been agitating in Georgia election circles for 20 years and heads the non-profit, VoterGA. Favorito began by citing six lawsuits the group has filed against state and county officials – claiming counterfeit ballots, untrustworthy or illegal voting systems, and corrupt 2022 primary results. Then he turned to Gwinnett County.

“We are delivering today 37,500 affidavits challenging voter rolls and handling of the 2020 election,” said Favorito. “As a reminder, the presidential spread for the entire state of Georgia was 11,000 and change, not quite 12,000 [votes]. And we have 20,000 [allegedly improper voter registrations] just in Gwinnett alone. This number will increase as our analysis is ongoing.”

The Gwinnett challenges are not unique. In Georgia’s Democratic epicenters, Trump backers have been filing voter roll challenges since last winter targeting upwards of 65,000 voters. The state’s post-2020 election “reform” bill, S.B. 202, authored by its GOP-led legislature, allows an unlimited number of challenges.

While most of the claims put forth by Voter GA are easily refuted, the challenges individually targeting voters could have an impact in suppressing some number of votes this fall, where polls find some statewide contests are very close.

“This is brazen voter intimidation with the express intent of suppressing minority votes,” said Ray McClendon, NAACP Atlanta political action chair. “The NAACP is working to inform voters of their legal remedies in order to protect their voting rights. We will not be bullied by these underhanded tactics.”

Bogus Attack on Absentee Voting

The voter challenges concern three areas, said Zach Manifold, Gwinnett County election supervisor, who patiently explained why most of VoterGA’s claims were mistaken and overblown. For example, the assertion that 15,000 voters were improperly sent an absentee ballot in 2020 was flat-out wrong, he said, and formally should not even be called a voter challenge.

“They’re not really voter challenges because they’re related to the 2020 election,” Manifold said. “Voter challenges are challenging [individual registered] voters going forward for an upcoming election, or to remove them from the rolls.”

The linchpin in this allegation hinges on whether that a voter’s application for an absentee ballot was filed more than 180 days before the election.

“[They contend] our office should not have processed these applications because they were received more than 180 days before the election, which was the law at the time,” Manifold said.

The county elections staff investigated, he said, and found that the allegations were wrong, and, crucially, that VoterGA had overlooked a simple and obvious explanation.

“It appears that all of those, at least everything we have looked at – the few hundred that we sampled – were all valid [absentee ballot applications],” said Manifold. “They’re what we call rollover voters. You can apply for a ballot earlier in the year, before a different election, and roll it over [the absentee ballot request] throughout the whole cycle.”

The absentee ballot application on the county’s website offers this option. On page two, at item 12, a voter can check a box that says, “I opt-in to receive an absentee ballot for the rest of the election cycle.” In other words, these voters apparently had opted in. The voters and the county did nothing improper.

Neither Favorito nor Sheryl Sellaway, the media contact listed on VoterGA’s press release about the Gwinnett challenges returned phone calls seeking comment.

Voter Suppression Scenario

A similar dynamic is at play with the 25,000 individual challenges to registered voters on the county’s rolls. But, unlike the false claim of illegal absentee voting in Gwinnett County in 2020, which perpetuates Trump’s false stolen election myth, these forward-facing registration challenges could suppress an unknown number of votes from being counted in 2022’s November 8 election.

Such voter suppression is possible because under Georgia law the challenges could force some number of infrequent, but registered, voters to go through extra hoops before their ballots would be counted. Should any of the challenged voters try to vote this fall in Gwinnett County, they would be given a conditional ballot. That ballot would not be counted unless that voter presented additional ID at a hearing after Election Day. Historically, most voters skip these hearings.

(This process is similar to what happens to voters who are not listed in precinct poll books. They are given a provisional ballot, which is set aside and not counted until the voter shows up at a county office or an election board hearing with ID, which, historically most of these voters do not do.)

Manifold said that this cadre of VoterGa’s voter roll challenges were threading a needle that narrowly followed state law and avoided a 1993 federal law that bars larger-scale voter purges within 90 days of a federal election.

“Somebody could challenge somebody under [Georgia law section] 230 and put them into a challenge status all the way up to Election Day,” he explained. “What happens is that voter would vote a challenge ballot. It’s similar to a provisional ballot. And those ballots are adjudicated at the same meeting [after Election Day] where we do provisional ballots.”

“That puts the onus on the voter,” Manifold said. “The voter actually has to come to a hearing and say, ‘This is me.’ ‘I live here.’ ‘And you should count my ballot.’”

How many voters could find themselves in this situation is hard to predict, he said. About 22,000 of the voter registration challenges concern people who are infrequent voters or have not voted recently. VoterGA’s press release said it had used “a variety of public records to determine accuracy of the [voter registration] entries.” The release did not specify what public databases were used, but most of the affidavits cited the Postal Service’s change of address database. That database was not designed for vetting voter registration information.

Ironically, it appears that VoterGA’s efforts to winnow Gwinnett County’s voters rolls pales next to the county’s (and state’s) efforts to update these records.

Gwinnett County, which has 650,000 registered voters, has procedures dictated by state and federal law to contact infrequent voters before removing them from the rolls. Infrequent voters, people who may have moved or died are tracked via several government databases, Manifold said. In the past 12 months, the county has sent five notices by mail to alert these voters of their pending removal – and telling them what steps they must take to become active voters, meaning they would get a regular ballot in the next election. Normally, any infrequent voter who shows up would reactivate their registration status.

However, under VoterGA’s challenges – which name individual voters – those registrants would be shunted aside and given a conditional ballot. The county has assigned a team of workers to review these 22,000 voter registration challenges, Manifold said. So far, it has found that most of these individuals already are on the county’s radar, he said. But several thousand potential voters may not be.

“Almost 90 percent of the challenges that we have seen here are people that were already picked up in our conformation process,” Manifold said.

Manifold also said the current election cycle was the first one where Georgia was participating in an interstate registration data-sharing consortium, which helps to update its voter rolls and identify eligible but unregistered voters. Georgia also is among the states that automatically register voters as they get a drivers’ license.

Georgia’s automatic registration system, which is run by another state agency whose primary business has nothing to do with elections, has led to some number of data-entry typos (misspellings, incorrect addresses) in the voter rolls, Manifold said. These errors appeared to be the reason for the third category of registration challenges from VoterGA, where 2,700 registration files were found with missing address information or could not be tied to a physical street address.

“We do want to get that information updated,” Manifold said. “There is some sort of data mismatch somewhere in the system, and that means that voters are not getting whatever we’re sending out.”

But VoterGA is not coming in and working with county officials to alert them to deficiencies in voter registration data that, if corrected, could lead to more voters casting ballots. They are making sloppy and easily refuted allegations about 2020 absentee voters that seek to perpetuate false narratives about that election. And they are filing voter challenges that could suppress and nullify the ballots cast by an unknown number of infrequent but legal voters later this fall.

“What this really is all about is to frustrate minority voters into staying home on Election Day,” said the NAACP’s McClendon. “Such efforts will only motivate those who believe in democracy to fight even harder to ensure all voters’ voices are heard.”Steven Rosenfeld is the editor and chief correspondent of Voting Booth, a project of the Independent Media Institute. He has reported for National Public Radio, Marketplace, and Christian Science Monitor Radio, as well as a wide range of progressive publications including Salon, AlterNet, the American Prospect, and many others.

This article was produced by Voting Booth, a project of the Independent Media Institute.