Gold Dome Report - Special Election Edition

Nelson Mullins Riley & Scarborough LLP

More than a year of candidates campaigning for local, state, and federal offices culminated yesterday as voters went to the polls to cast their ballots. But nearly 24 hours after the polls closed across Georgia, the public and pundits alike are still scratching their heads on multiple races. As ballots continue to be counted, it is already clear that the 2018 General Election in Georgia will be remembered for striking turnout, shifting political winds, and a slow and painstaking search for every vote cast. Enjoy a recap of what we know now in this Special Election Edition of the Gold Dome Report, including:

  • Early Voting Sets Records, Strong Election Day Turnout Statewide
  • Governor, Congressional Races Remain Too Close to Call
  • General Assembly to Welcome New Members, Larger Minority
  • Appropriations, Education, Health, and Insurance Chairs Re-Elected
  • Mark Your Calendars: Runoff on December 4

Early Voting Sets Records, Strong Election Day Turnout Statewide

With nearly 2.1 million votes cast by the time early voting locations closed on Friday, Georgia shattered its record for early voters in a midterm election. That record was set in 2014, when just under 1 million voters cast early ballots. Voters would go on to cast a total of 2.6 million ballots in the 2014 midterm, a total nearly met by early votes this year and far surpassed by the time polls closed last night. As of publication, the Office of Secretary of State reports that 3.9 million ballots were cast in yesterday’s election, representing nearly 61% of Georgia’s 6.4 million registered voters. With absentee and provisional ballots still being counted across the state, that number is sure to inch up further.

Governor, Congressional Races Remain Too Close to Call

Speaking of ballot counting, election officials continue to tabulate votes across the state on Wednesday evening as several races remain too close to call. Among those races are:

  • Governor – Brian Kemp (R) leads with 1,972,951 votes (50.33%), trailed by Stacey Abrams (D) with 1,909,726 votes (48.72%) and Ted Metz (L) with 37,081 votes (0.95%).
    Although Kemp’s lead of just of 64,000 votes is unlikely to be surpassed, Abrams can force a runoff if Kemp’s vote total drops below 50% plus one vote.
  • 6th Congressional District – Lucy McBath (D) leads with 159,285 votes (50.46%), trailed by Karen Handel (R) with 156,402 votes (49.54%).
    McBath has declared victory, but Handel has not yet conceded pending counts of outstanding absentee and provisional ballots.
  • 7th Congressional District – Rob Woodall (R) leads with 139,804 votes (50.16%), trailed by Carolyn Bourdeaux (D) with 138,914 votes (49.84%).

While these candidates and their supporters continue to closely watch vote tallies, other statewide candidates are basking apparent success, including:

  • Lieutenant Governor – Geoff Duncan (R) defeated Sarah Riggs Amico (D) with 51.74% of the vote.
  • Attorney General – Chris Carr (R) defeated Charlie Bailey (D) with 51.41% of the vote.
  • Commissioner of Agriculture – Gary Black (R) defeated Fred Swann (D) with 53.19% of the vote.
  • Commissioner of Insurance – Jim Beck (R) defeated Janice Laws (D) and Donnie Foster (L) with 50.48% of the vote.
  • State School Superintendent – Richard Woods (R) defeated Otha Thornton Jr. (D) with 53.13% of the vote.
  • Commissioner of Labor – Mark Butler (R) defeated Richard Keatley (D) with 52.57% of the vote.

General Assembly to Welcome New Members, Larger Minority

When the General Assembly convenes in January, there will be quite a few new faces among the membership. At least 38 new members will join the legislature, in some cases replacing retiring legislators but, in others, ousting incumbents. Indeed, as of publication, at least eight incumbent Republican legislators appear to have been defeated by Democratic challengers (including Sen. Fran Millar (R-Dunwoody) and Reps. Beth Beskin (R-Atlanta), Geoff Cauble (R-Locus Grove), Clay Cox (R-Lilburn), Meagan Hanson (R-Brookhaven), Scott Hilton (R-Peachtree Corners), Betty Price (R-Roswell), and Sam Teasley (R-Marietta)). Combined with seats of retiring Republican legislators that appear to have been won by Democrats, the minority is expected to pick up 13 seats in the General Assembly. Many of these seat flips are in Cobb and Gwinnett counties, which were each decidedly “blue” in this election, supporting Stacey Abrams with 54% and 56% of their votes. Overall, new legislators are expected to include:

Senate

  • District 5 – Sheikh Rahman (D)
  • District 27 – Greg Dolezal (R)
  • District 29 – Randy Robertson (R)
  • District 40 – Sally Harrell (D)
  • District 48 – Zehra Karinshak (D)

House of Representatives

  • District 1 –  Colton Moore (R)
  • District 15 –  Matthew Gambill (R)
  • District 17 –  Martin Momtahan (R)
  • District 19 –  Josph Gullett (R)
  • District 36 –  Ginny Ehrhart (R)
  • District 37 –  Mary Frances Williams (D)
  • District 40 –  Erick E. Allen (D)
  • District 48 –  Mary Robichaux (D)
  • District 50 –  Angelika Kausche (D)
  • District 51 – Josh McLaurin (D)
  • District 54 –  Betsy Holland (D)
  • District 79 –  Michael Wilensky (D)
  • District 80 –  Matthew Wilson (D)
  • District 83 –  Becky Evans (D)
  • District 87 –  Viola Davis (D)
  • District 95 – Beth Moore (D)
  • District 97 –  Bonnie Rich (R)
  • District 102 –  Gregg Kennard (D)
  • District 105 – Donna McLeod (D)
  • District 107 –  Shelly Hutchinson (D)
  • District 108 – Jasmine Clark (D)
  • District 111 –  El-Mahdi Holly (D)
  • District 117 –  Houston Gaines (R)
  • District 119 –  Marcus Wiedower (R)
  • District 131 –  Ken Pullin (R)
  • District 133 –  Vance Smith (R)
  • District 138 –  Mike Cheokas (R)
  • District 141 –  Dale Washburn (R)
  • District 144 –  Danny Mathis (R)
  • District 148 –  Noel Williams, Jr. (R)
  • District 153 –  Camia Whitaker Hopson (D)
  • District 178 –  Steven Meeks (R)
  • District 180 –  Steven Sainz (R)

Appropriations, Education, Health, and Insurance Chairs Re-Elected

Among those members securing re-election to the General Assembly were the chairs of the House and Senate Appropriations, Health, and Insurance committees, as well as the Senate Education Chairman. In the House, Appropriations Chair Terry England (R-Auburn), Health and Human Services Chair Sharon Cooper (R-Marietta), and Insurance Chair Richard Smith (R-Columbus) were all re-elected. In the Senate, Appropriations Chair Jack Hill (R-Reidsville), Health and Human Services Chair Renee Unterman (R-Buford), and Insurance and Labor Chair Burt Jones (R-Jackson) also received nods. Sen. Lindsey Tippins, who resigned his chairmanship of the Senate Education Committee late last session, also prevailed (House Education Chair Brooks Coleman (R-Duluth) did not seek re-election). However, note that some chairmanships and committee memberships in both chambers are expected to change.

Mark Your Calendars: Runoff on December 4

While it is yet to be determined if Brian Kemp and Stacey Abrams will appear on another ballot before the end of the year, there are likely to be two races bringing voters back to the polls on December 4. It appears that no candidate achieved 50% plus one vote in the races for Secretary of State and Public Service Commission, District 3. In the former, Brad Raffensperger (R) currently leads with 1,901,309 votes (49.20%), trailed by John Barrow (D) with 1,877,101 votes (48.57%) and Smythe Duval (L) with 86,088 votes (2.23%). In the latter, Chuck Eaton (R) leads with 1,912,421 votes (49.81%), trailed by Lindy Miller (D) with 1,824,956 votes (47.53%) and Ryan Graham with 102,257 votes (2.66%). The top two vote-getters in each of these races will be up for consideration on the December 4 runoff ballot.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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