The recent State Election Board (SEB) meeting held on March 18th demonstrated that our federal, state, and county public servants are failing to secure our elections.  In particular, they are failing to ensure our voter rolls are accurate, a necessary component of securing our elections, since if we do not have an accurate list of who is eligible to vote in any given election, there is no way we can be confident in our elections.

Case Number SEB2013-005

Consider a recent case in point.  During the last SEB meeting held on March 18th, senior assistant attorney general Elizabeth Young, recommended to the SEB that case number SEB2013-005 should be dismissed without taking any action against the person in question.

This case is about a woman who lived in GA for many years and was registered to vote in GA.  She moved to WA and registered to vote there and voted from WA in the 2020 election.  She did not request to be removed from the voter rolls in GA and was not removed from the GA Voter Registration List.  She later moved back to GA and in 2022 voted under the same registration record which had never been inactivated or removed from the GA voter rolls, after having moved to WA and registered to vote and actually vote in WA.

Fortunately, the SEB did not vote to confirm the request for dismissal of this case by the AG office.  Instead, several SEB members had questions, which led to a lively discussion which proceeded somewhat as follows:

SEB member Janelle King challenged the claim by Ms. Young by sarcastically asking is it okay for a person to be registered to vote in multiple states at the same time. Mrs. King seemed to be suggesting that something was wrong with this situation that the AG office was not acknowledging.

SEB member Dr. Jan Johnson agreed that something was wrong with this situation, and made a motion to send the woman a Letter of Reprimand for failure to re-register to vote in GA after having moved back from WA and having registered to vote and actually voted in WA.

Janelle King then asked Dr. Jan Johnson if she would consider changing her motion for a reprimand to a Letter of Instruction.

Dr. Johnson replied… no.

SEB member Sara Tindall Ghazal explained that federal law required GA to keep people on the voter rolls for at least two federal election cycles in the absence of a request from a given registered elector to be removed from voter rolls due to moving out of state.

Dr. Jan Johnson responded by pointing out that federal law also required each state to keep their voter rolls clean.

This implies that federal law on this matter may be inconsistent and conflicted, since it may be impossible to adhere to both federal laws at the same time.  This is a problem.

Contradictory Federal Laws That Govern the Maintenance of Voter Rolls

There are two key federal laws currently in effect that govern the maintenance of voter rolls: (1) The National Voter Registration Act (NVRA), enacted in 1993; and (2) The Help America Vote Act (HAVA), enacted in 2002.

Under HAVA, states are required to remove duplicate records, and use a computerized statewide list of every registered voter and assign them a unique identification number.

The National Voter Registration Act of 1993 (NVRA) established rules to limit election officials from removing people from voter rolls.  Under the NVRA, states must notify each person individually and wait through two federal elections before removing them from the elector registration list (roughly four years).  States are also restricted as to what evidence can be used to justify removing someone from the rolls.

Federal Legislative Bills

There are also three federal legislative bills currently under consideration: (1) The SAVE Act; (2) The SAVE America Act; and (3) The Make Elections Great Again Act (MEGA).

Under the SAVE Act, voters would be required to present documentary proof of citizenship in person in order to register to vote, and to make any changes to their registration record.  The SAVE Act would eliminate the ability to register or make registration changes online or by mail.

The SAVE America Act includes all the provisions of the SAVE Act plus: (1) Nation-wide strict Photo ID required for in-person or mail-in voting; (2) Reaffirming citizenship status at the polls.

Under the Make Elections Great Again Act of 2026 (MEGA), states would be required to take affirmative steps at least every 30 days, to remove records from the state elector registration for the following conditions:

(A) the request of the registrant;

(B) criminal conviction or mental inca-

pacity pursuant to State law;

(C) the death of the registrant;

(D) a change in the residence of the registrant, to another jurisdiction;

(E) if it is determined that the registrant is a non-citizen of the United States;

(F) duplicate registrations of a registrant otherwise eligible to vote.

The SEB Votes on Case Number SEB2013-005

In the end the SEB voted 3-1 (the Chair John Fervier only votes to break ties) to NOT dismiss the case but rather to resolve this case by sending a Letter of Reprimand to the woman in question.

In my humble opinion, I do not believe that either the SEB or the state AG office handled this case properly.  Here is a more satisfying resolution that neither the AG office nor the SEB considered:

The woman (respondent) in this case should have requested to be removed from the GA voter rolls when she registered to vote in WA in 2020.  But since there is no legal obligation to make such a request, and since she only voted in GA when she resided in GA, therefore she violated no law or rule regarding elections.  Thus she should only receive a Letter of Instruction to remind her to request to be removed from the voter rolls in GA when she changes her residency to a different state.

Keeping Voter Rolls Clean

However, this is clearly not enough to address this problem.  The real problem in this case is NOT with the woman in question, but rather with the federal and state laws regarding our county voter registration lists (a.k.a. Voter Rolls), and the failure of our county election officials to keep the voter rolls clean in each county.

Solution to the Contradicting Voter Laws

Therefore, the US Congress should receive a Letter of Reprimand from the Georgia SEB for allowing two election laws to exist which contradict each other, with a Letter of Instruction to explain how they should remedy this problem.  The Congress should

(1) keep the federal law to require states to maintain clean voter rolls; and

(2) repeal the law that requires the states to keep people on the voter rolls for at least two federal election cycles after they have moved and registered to vote in a different state.

The Georgia Assembly

Furthermore, the GA General Assembly should receive a Letter of Reprimand from the SEB along with a hefty FINE for each day they fail to pass a law with enforcement provisions to solve this problem once and for all.   Such legislation should require the immediate removal from the voter rolls of any person who meets the criteria mentioned above for the MEGA Act, including anyone who registers to vote in a different state.  Also, a hefty fine should be imposed on any county for each day that county fails to comply in a timely manner (i.e. immediately after being notified said person registered to vote in a different state).

In addressing this problem with legislation, the General Assembly must also spell out a reliable and transparent method for determining when a person who is registered to vote in Georgia actually registers to vote in another state.  We also need a reliable and transparent method for immediately notifying the relevant county Board of Registrations and Elections (BRE) so they can be held accountable for failure to immediately remove such person from the voter rolls for the given county.

Wouldn’t it be nice if our state AG office, our state general assembly, and our state governor would find the courage to do the right thing for We the People of Georgia by getting this problem solved immediately?

No Resolution by the Georgia Assembly

The 2026 Georgia regular legislative session just ended with no resolution to this problem.  Hence We the People of Georgia must continue to suffer a broken election system, with no confidence that our 2026 elections will be accurate, transparent, or secure.

Furthermore, none of our public servants who are failing to do their job properly are being held accountable for their failure.  It is time for our public servants to be held accountable for this monumental failure… we need LAW ENFORCEMENT, not excuses.

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