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Cracker Squire

THE MUSINGS OF A TRADITIONAL SOUTHERN DEMOCRAT

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Location: Douglas, Coffee Co., The Other Georgia, United States

Sid in his law office where he sits when meeting with clients. Observant eyes will notice the statuette of one of Sid's favorite Democrats.

Thursday, September 30, 2004

I'm with the GOP Election Board member on this one -- Voting twice in Fulton results in recommendation of felony charges by "C" Cox.

The 9-30-04 ajc notes that Secretary of State Cathy Cox's office recommended last week that the Fulton County District Attorney consider pursuing felony charges of voting twice in the same election against Fulton County resident Craig Kidd.

According to the story, Kidd voted in the five-day period preceding the election known as advance voting.

Then on election day, Kidd -- a poll worker and also a worker in a local state senatorial campaign -- went to his precinct to make sure he had been recorded as having cast a ballot. Kidd said a poll worker told him he was not listed as having voted early, and advised him to vote again to be sure his vote was counted.

In criminal law there is something is known as mens rea, Latin for criminal intent.

I note this since Kidd contacted the ajc later on the same day after having voted twice to alert reporters that he was concerned some people were being allowed to vote twice, since it appeared that Fulton County was not keeping track of who had voted early. (The article does not reveal whether Kidd specifically revealed his personal situation. Maybe the article intended to imply he did.)

After learning of Kidd's actions, Cathy Cox's office recommended the felony prosecution noted above.

Fulton County election officials say they investigated and found no other advance voters had voted again on the day of the election.

Cox, who has championed advance voting, said her office has subsequently alerted local elections officials of the importance of making sure voter rolls on Nov. 2 reflect people who already have cast a ballot.

Fulton County election officials acknowledge their mistake in not having such information at the precinct when Kidd voted, and report that Kidd's advance vote was tossed out after it was discovered.

Early votes are marked with a numbered identification in case they are later challenged, according to Fulton County election officials.

Randy Evans, the Republican representative on the state Election Board chaired by Cox, was outraged by Cox's decision to pursue the matter against Kidd, saying Cox is pursuing criminal charges because Kidd is a Republican.

Evans also accused Cox of overlooking more serious cases of voter fraud, and produced documentation of a vote-buying case by a Democratic candidate in South Georgia's Coffee County [a/k/a God's country] that resulted in fines levied by an administrative law judge but no criminal prosecution.

Cox denied acting on politics and said she had a duty to report what she felt was a serious violation of election laws.

Too bad the voter is a Republican. Otherwise he could support Rep. Rep. Bob Holmes and Rep. Tyrone Brooks in their attempt to restore voting rights to felons, just in the highly unlikely event Kidd is adjudged a felon.

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