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Here's the email and letter Bobby Kahn sent:
Dear Democrats: The Georgia Republican Party has been illegally sending absentee ballot applications that are attached to political advertising. Georgia law very clearly states that this is illegal. And, according to their financial disclosure, the Georgia GOP has been willing to spend at least $140,000 on this illegal activity.
We need your help. Please send this to you friends and to your listservs. Please write letters to your local papers. Please tell folks that the Georgia Republican Party is obviously using illegal tactics to try and win the election. They knew they were breaking the law, they did it anyway, and they should be fined substantially.
The following is a letter Bobby Kahn sent October 5, 2004 to the Georgia State Election Board in regards to this serious elections violation by the Georgia Republican Party.
October 5, 2004
The Hon. Cathy Cox Chair, State Election Board
Mrs. Frances S. Duncan J. Randolph Evans, Esq. Mrs. Eunice Mixon David J. Worley, Esq.
Re: Major Violation of the Georgia Election Code by the Georgia Republican Party Dear Members of the Georgia State Elections Board: It has come to my attention that the Georgia Republican Party has committed a major violation of the Georgia Election Code. The Augusta Chronicle reported on Saturday, October 2, 2004 that the Georgia Republican Party has sent out a campaign mailing that combines political advertising with an absentee ballot application.
O.C.G.A. § 21-2-381 (a) (3) clearly makes this mailing illegal. It states: “No application for an official absentee ballot that is physically attached to a publication that advocates for or against a particular candidate, issue, political party, or political body shall be distributed by any person, entity, or organization.”
Our understanding is that this law was enacted by the General Assembly to specifically outlaw this activity after the Georgia Republican Party sent a similar mailing during the 2000 campaign. The Georgia Republican Party has specifically and deliberately chosen to ignore that statute. It is obvious that they will continue to engage in this illegal activity until the State Election Board sends them a message that seeking advantage by violating Georgia election law will not be tolerated. In fact, after being presented with the law by The Augusta Chronicle, Georgia Republican Party spokesman Marty Klein said they would continue doing this illegal behavior until told otherwise.
Per O.C.G.A. § 21-2-33.1 (a) (2), the State Election Board has the authority to fine the Georgia Republican Party up to $5,000 per violation, and we assert that each piece of mail sent to a voter is a separate violation. In addition, it is clear from the Georgia Republican Party Financial Disclosure for September 30, 2004, that they are investing heavily in this illegal activity, having spent $123,500 to mail the absentee ballot applications and $18,187 for auto calls regarding their mailing. This illegal mailing is a major violation of the Election Code, as indicated by both the likely number of pieces sent and its cost. Since the law was changed so recently as a result of their actions, they knew what they were doing was wrong. The integrity of our elections and the credibility of State Election Board demand a substantial penalty for this activity.
Thank you.
Sincerely, Bobby Kahn Chairman Democratic Party of Georgia
cc: Linda W. Beazley Director of Elections Office of the Secretary of State
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