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Election board in crucial swing state sued over dispute on who will monitor election results

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Election board in crucial swing state sued over dispute on who will monitor election results

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Fulton County, Georgia, sued the Georgia State Elections Board this week in what was the latest development in an unfolding battle between the two entities over how to monitor and ensure election integrity in November.

The county board filed the lawsuit on Monday, The Associated Press reported, asking a judge to declare that the state board lacks the authority to force it “to accept, and Fulton County to pay for, additional monitors for the 2024 election that have been hand-picked by certain State Election Board members.”

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“The State Election Board has no statutory authority to force the Fulton County BRE [Board of Registration and Elections] to accept, and Fulton County to pay for, election monitors hand-picked by the State Election Board,” the lawsuit says.

On Tuesday, the Georgia State Elections board responded by voting 3-2 to subpoena a trove of 2020 election documents from the Fulton County clerk of court, the Atlanta Journal Constitution reported.

‘TOUGH CALL’: ATLANTA VOTERS SPLIT ON WHO WILL WIN GEORGIA

 People arrive to cast their vote during the early voting. (Christopher Mark Juhn/Anadolu via Getty Images)

The State Election Board in May found that the county violated some parts of the state election code. It voted to issue a letter of reprimand, which included instructions for an agreement on a mutually acceptable monitor to be entered into by the board’s August meeting.

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However, the county and state election boards have been unable to reach an agreement. The county favors a team it has already approved that was proposed by Ryan Germany, a former chief lawyer for the secretary of state’s office, and the Atlanta-based Carter Center. The Trump-endorsed majority on the State Election Board has proposed an alternative slate that includes people who questioned the results of the 2020 presidential election.

An Aug. 19 legal opinion, written by state Attorney General Chris Carr and obtained by The Associated Press, says final decisions of the State Election Board are “preclusive” and that “re-litigation of all claims which have already been adjudicated, or which could have been adjudicated, is therefore prohibited.” Fulton County attorneys assert that the approval of the motion at the May meeting and resulting reprimand meant the case is closed and cannot be reopened, and that “argument is likely correct,” Carr wrote.

GOV. KEMP SUSPENDS GEORGIA MAYOR CHARGED WITH LEAVING ALCOHOL IN DITCH FOR INMATES

Georgia Secretary of State Brad Raffensperger is embroiled in conflict over election law

Georgia Secretary of State Brad Raffensperger is seen here at the National Association of Secretaries of State winter meeting on Feb. 16, 2023. (AP Photo/Patrick Semansky, File)

When asked about the attorney general’s guidance, Johnston said, “That was opinion. That’s not a legal finding. That was their advice or opinion. We have different opinions about that.”

The Republican majority on the State Election Board repeatedly said during meetings in August that they did not approve of the county’s team. However, the county board reaffirmed its selection, and county commissioners voted to approve the contract days later.

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Georgia State Capitol

Georgia State Capitol in Atlanta. (Getty Images)

A Republican official told Fox News Digital that what the Georgia State Election Board is doing is “delegitimizing Republican governance in the state.”

“They don’t know what they’re doing. Today hit the high water mark when they investigated a county over voter challenge rejections that didn’t have any voter challenges, period.”

‘The recent development comes a week after the Georgia State Election Board sparked controversy by voting 3-2 to approve a rule that requires poll workers to count the number of paper ballots by hand after voting is completed in a decision that was opposed by the state attorney general’s office, the secretary of state’s office and an association of county election officials but supported by many conservatives.

The new rule, according to the Associated Press, requires that the number of paper ballots — not the number of votes — be counted at each polling place by three separate poll workers until all three counts are the same. If a scanner has more than 750 ballots inside at the end of voting, the poll manager can decide to begin the count the following day.

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The Associated Press contributed to this report. 

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Virginia voter roll removal process violates federal law, groups allege — state fires back

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Virginia voter roll removal process violates federal law, groups allege — state fires back

A lawsuit lodged against Virginia attorney general Jason Miyares and various state elections officials alleges that an effort to eliminate noncitizens from voter registration rolls runs afoul of federal law.

The suit refers to the voter roll maintenance effort as a “Purge Program” and asserts that it violates the National Voter Registration Act.

Plaintiffs include the Virginia Coalition for Immigrant Rights, League of Women Voters of Virginia and the League of Women Voters of Virginia Education Fund.

VIRGINIA’S IN-PERSON EARLY VOTING BEGINS AS ELECTION SEASON PICKS UP STEAM

Stickers that read “Presidential Election I Voted 2024” are displayed on a table on the first day of Virginia’s in-person early voting at Long Bridge Park Aquatics and Fitness Center on Sept. 20, 2024, in Arlington, Virginia.  (Andrew Harnik/Getty Images)

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“Less than 60 days ago, Defendants announced the latest version of an effort to implement an ongoing program to systematically remove certain voters from the rolls. But federal law mandates that no such voter cancelation or list maintenance programs may be conducted during the 90-day ‘quiet period’ before an election,” the suit reads. 

“It is an illegal, discriminatory, and error-ridden program that has directed the cancelation of voter registrations of naturalized U.S. citizens and jeopardizes the rights of countless others,” the suit claims.

YOUNGKIN MANDATES ALL PAPER BALLOTS FOR PRESIDENTIAL ELECTIONS IN VIRGINIA

Section of a sample ballot listing the Republican and Democratic presidential and vice presidential candidates

A sample ballot is displayed on the first day of Virginia’s in-person early voting at Long Bridge Park Aquatics and Fitness Center on Sept. 20, 2024, in Arlington, Virginia. (Andrew Harnik/Getty Images)

Christian Martinez, a spokesperson for Virginia Gov. Glenn Youngkin (R), has defended the process.

“Every step in the established list maintenance process is mandated by Virginia law and begins after an individual indicates they are not a citizen. The DMV is mandated by law to send information about individuals who indicate they are a noncitizen in DMV transactions to (the state elections office),” Martinez noted, according to The Associated Press. “Anyone spreading misinformation about it is either ignoring Virginia law or is trying to undermine it because they want noncitizens to vote.”

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THOUSANDS OF NONCITIZENS REMOVED FROM VOTER ROLLS, DOZENS OF LAWMAKERS WANT ANSWERS FROM GARLAND

Vote sign and sample ballot in Arlington, Virginia

A sample ballot and a voting sign are displayed on the first day of Virginia’s in-person early voting at Long Bridge Park Aquatics and Fitness Center on Sept. 20, 2024, in Arlington, Virginia. (Andrew Harnik/Getty Images)

The AP also reported that Shaun Kenney, a spokesperson for the attorney general, noted via email, “We feel confident in the position the Department of Elections has taken and stand ready to defend.”

Early voting in Virginia for the 2024 elections began last month.

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Kentucky sheriff charged in judge's murder did not plan killing, caught in 'heat of passion': lawyer

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Kentucky sheriff charged in judge's murder did not plan killing, caught in 'heat of passion': lawyer

Shawn “Mickey” Stines, the Kentucky sheriff accused of shooting a district judge dead in his chambers, did not plan the killing and was not in his right mind, according to his lawyer. 

“It was not something that was planned and occurred in the heat of passion,” defense attorney Jeremy Bartley told People. “For us, the highest level of culpability should be manslaughter based on the partial defense of extreme emotional disturbance.”

A video of the shooting, played without audio during an Oct. 1 preliminary hearing, allegedly showed Letcher County Sheriff Stines shooting District Judge Kevin Mullins multiple times as he sat at his desk on Sept. 19.

The sheriff, the judge’s longtime colleague and friend, allegedly continued to fire after Mullins fell to the floor. 

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KENTUCKY SHERIFF SEEN IN FOOTAGE SHOOTING AT JUDGE IN SHOCKING PRELIMINARY HEARING

Former Letcher County Sheriff Shawn “Mickey” Stines looks over at the prosecutors during his arraignment at the Morgan County Courthouse in West Liberty, Kentucky, Tuesday, Oct. 1, 2024. Stines is accused of killing District Judge Kevin Mullins. (AP Photo/Timothy D. Easley)

“We believe there had to be a compelling reason for Sheriff Stines to feel like he had to take action,” Bartley said. “We are looking forward to obtaining additional information and begin[ning] to tell his story.”

Kentucky State Police Detective Clayton Stamper testified at the preliminary hearing that the two men had eaten lunch together with a group in the hours before the shooting, according to the Louisville Courier Journal. 

“I was told that the judge made a statement to Mickey about, ‘Do we need to meet private in my chambers?’” Stamper testified, the Associated Press reported.

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CASEY ANTHONY JUDGE WARNS KENTUCKY MAGISTRATE MURDER HIGHLIGHTS NEW REALITY, SAYS HE KEPT GUARD DOG TO BE SAFE

District Judge Kevin Mullins and Letcher County Sheriff Shawn M. Stines

District Judge Kevin Mullins, 54, was killed by Letcher County Sheriff Shawn M. Stines, 43, in his judge’s chambers, authorities said. (Kentucky Court of Justice; Letcher County Sheriff’s Office)

According to Stamper, Stines attempted to call his daughter on his own phone, then on Mullins’ phone – according to the AP, Stines’ daughter was stored in Mullins’ contacts. 

“It could be, but I don’t know that for a fact,” Stamper said when asked whether Stines was motivated to shoot Mullins based on what he saw on the judge’s phone.

NEW VIDEO SHOWS KENTUCKY SHERIFF POINTING GUN AT JUDGE BEFORE ALLEGED FATAL SHOOTING

Kentucky sheriff seen pointing his gun at a sheriff

Kentucky sheriff seen pointing his gun at the judge in his chambers. (Letcher County handout)

“I talked to him, but he didn’t say nothing about why this had happened,” Stamper said, according to the AP. “But he was calm… Basically, all he said was, ‘Treat me fair.’”

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When Stines was taken into custody, he allegedly told another officer, “they’re trying to kidnap my wife and kid,” Stamper said.

Sheriff Stines sits in courtroom

Shawn “Mickey” Stines wipes his eyes as he listens to testimony during his arraignment on Tuesday, Oct. 1, 2024. (AP Photo/Timothy D. Easley)

The shooting in the city of Whitesburg has shaken the community of Letcher County, Kentucky, where Stines served as a bailiff in Mullins’ court before becoming sheriff in 2018. 

“We’re all in a state of shock over it,” Garnard Kincer Jr., Mullins’ friend and former mayor of Jenkins, told People. “It practically immobilized us. We just can’t believe it happened.”

Letcher County Sheriff Shawn M. Stines appears in a mugshot

Booking photo of Shawn Stines, provided by Leslie County Detention Center in Kentucky on Friday, Sept. 20, 2024. (Leslie County Detention Center via AP)

Stines resigned as sheriff last week, but has pleaded not guilty to charges of first-degree murder. A judge determined at the Oct. 2 hearing that there was sufficient evidence to move forward with the case. 

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Bartley could not be reached for comment at press time.

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Another Trump vs Harris debate? Voters in key Georgia county say 'no thanks'

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Another Trump vs Harris debate? Voters in key Georgia county say 'no thanks'

MARIETTA, Ga. – Americans living in the Atlanta suburbs appear to have little appetite for another primetime match-up between former President Trump and Vice President Kamala Harris.

“If you don’t know them by now, there ain’t no hope,” one man who declined to give his name told Fox News Digital in Acworth, Georgia, last week.

There is less than a month left until Election Day, and Georgia residents are bracing for early voting to begin in their state next week.

The Peach State is in play this election after President Biden flipped it blue for the first time in years during the 2020 race, winning over Trump by less than 1%.

GEORGIA GOP CHAIR SHARES 2-PRONGED ELECTION STRATEGY AS TRUMP WORKS TO WIN BACK PEACH STATE

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Voters in Cobb County, Georgia, who spoke with Fox News Digital were not enthused about the prospects of a second presidential debate. (Getty Images)

A not insignificant amount of that support came from Cobb County, Georgia, where Biden won by an even wider margin than he did statewide.

And like Biden and Trump in 2020, the ex-president and Harris have only had one debate.

Trump has refused to participate in a second one, while Harris and her allies are eager for another head-to-head.

But people in Cobb County who spoke with Fox News Digital seemed unenthusiastic about the prospect of a second debate.

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“I really don’t think so,” Howard Segan, who spoke with Fox News Digital outside of a Marietta Whole Foods, answered when asked if Americans needed another debate. “I don’t think Trump is a very good debater at all. And I think [Harris is] an empty suit.”

Another man who identified himself as Scott noted his grandfather was involved in politics and suggested he himself was disenchanted with its pageantry at an early age.

SPEAKER JOHNSON RIPS ‘LACK OF LEADERSHIP’ IN BIDEN ADMIN’S HELENE RESPONSE: ‘ALARMED AND DISAPPOINTED’

A man sits at a table

One man who spoke with Fox News Digital said Trump was bad at debating and called Harris “an empty suit.” (Fox News Digital)

“I realized most of it is staged anyway, so I really don’t care about the debates,” Scott said.

A woman named Deb who is opposed to Harris said, “She says nothing, it’s word salad. So what’s there to debate? She can’t even answer questions.”

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Meanwhile, a man in Marietta named Toli said he “honestly” would like to see another debate but saw little value in the exercise.

“It doesn’t really matter at this point, because people are going to have their own views, no matter what they do,” Toli said. “Maybe 20 years ago we had debates where people watched, they were riveted to the screen trying to figure out what their opinions are. But now it’s so polarized. Because of social media and everything else, people get their opinion of the candidate… every day.”

Sandy, one of the few people who spoke with Fox News Digital who did want a second debate, suggested she was not excited about either of its would-be participants.

FORMER REPUBLICAN US SENATOR ENDORSES KAMALA HARRIS, SAYS ELECTION OFFERS ‘STARK CHOICE’

Woman at grocery store

Sandy said she would like to see another debate but did not appear enthused with either candidate. (Fox News Digital)

“I just think a lot of people have questions,” Sandy explained.

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“I mean, [Harris has] just touched the surface, and if she wants the votes, she needs to come forth with what she’s going to do, actually do. And also with Trump, I mean, he doesn’t put out any information other than hate.”

A recent Fox News poll taken late last month found Harris with a slim three-point lead over Trump in Georgia.

Peach State residents are heading to the polls for early voting from Oct. 15 through Nov. 1.

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