Elections Professional and Activist
“This supposed path forward will only kick the legal ball to next year and we could potentially confuse voters and still be in court,” Czarny said on Wednesday. “None of this is affecting my decision about whether to go to court to enforce the resolution already given to me by the legislature.”
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And before Czarny can focus on the new proposal, he continues to work through the early days of the debacle when McMahon accidentally approved the law, then vetoed it minutes later, with a potential to land before a judge.
“I think I have to go forward with what’s before me already, and that is a signed resolution, given to me timely by the County Legislature clerk,” Czarny said.
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Democratic elections commissioner Dustin Czarny told WAER News he can’t find precedent for dueling propositions, and called McMahon’s proposal legally dubious.
“However, if the proposals are transmitted to me by the county legislature clerk, they will be put on the ballot,” he said.
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“This is really not well researched, well thought out,” said Czarny. “I do not buy Mr. McMahon’s theory that if the dueling propositions are allowed on the ballot that whoever gets the most votes is what is enacted into law. Nothing in election law seems to indicate that.”
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While Durr said that McMahon’s proposal would make potential litigation unnecessary, Czarny disagreed.
“Whether the legislature moves forward is separate from what I have to do,” Czarny said. “I’m not waiting for them to make a decision. I believe my decision is separate from them.”
If Czarny were to decide to bring a lawsuit, it would be based on the fact that he does not believe the board of elections has the legal right to refuse to put on the ballot a signed law brought to them before the legal deadline by the legislature clerks.
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Dustin Czarny, the Democratic Election Commissioner, called McMahon’s offer “legally dubious.” He said he’s spoken with experts at the state Board of Elections who said they weren’t aware of any precedent to support putting dueling propositions on a ballot.
“The higher vote wins theory is not something supported by the experts I’ve talked to, not something I’ve ever seen before,” Czarny said. “I’ve never seen dueling propositions on the same ballot.”
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It was my extreme pleasure to tour the Fulton County Georgia Election Hub. These election professionals have been under national scrutiny for over a decade. Their facility is second to none and dedication to their county and voters is phenomenal. Thank you to Partnership for Large Election Jurisdictions for this opportunity.
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“My position is that we should be placing this on the ballot, and that if the county executive wanted to stop it, he could then sue the county legislature and sue the board of elections, and that would be the proper way for this to move forward,” said Czarny.
Also great legal anlysis in this article from outside sources.
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“I don’t believe the Board of Elections should insert its own opinions into this,” Czarny said. “We should follow the law as put forward and let the legislature and county exec fight it out in court.”
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I appeared on the Jim Reith Show recently to talk about the controversy behind the term limit and the non=veto of it by the County Executive. I tried to outline the path forward now that the bill was delivered to the Board of Elections.
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