Georgia Governor Brian Kemp Declares State of Emergency To Deal With Coronavirus Pandemic And Calls a Special Session of the General Assembly

Georgia Governor Brian Kemp yesterday declared a State of Emergency in order to respond to the coronavirus pandemic and called the Georgia General Assembly back into a Special Emergency Session on Monday, March 16, 2020 at 8:00 am to ratify his action.  This action occurred only a day after the General Assembly had suspended indefinitely its regular 2020 session due to the world wide coronavirus outbreak.

Under O.C.G.A. §38-3-51 the Governor can declare a state of emergency due to a health crisis but must also call the General Assembly into a special session “for the purpose of concurring with or terminating the public health emergency.”  The state of emergency remains in effect for 30 days unless expressly extended by the Governor.

Among the powers enumerated by O.C.G.A. §38-3-51, the state of emergency gives the governor considerable power to deal with our present health care crisis including:

  • assume direct operational control of all civil forces and helpers in the state;
  • Suspend any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster;
  • Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the emergency or disaster;
  • Compel a health care facility to provide services or the use of its facility if such services or use are reasonable and necessary for emergency response. The use of such health care facility may include transferring the management and supervision of the health care facility to the Department of Public Health for a limited or unlimited period of time not extending beyond the termination of the public health emergency;
  • transfer from any available fund in the state treasury such sum as may be necessary to meet the emergency or disaster; and
  • provide welfare benefits to the citizens of this state in the form of grants to meet disaster related necessary expenses or serious needs of individuals or families adversely affected by an emergency.

Furthermore, in regards to the Department of Public Health, O.C.G.A. §38-3-51 (i)(1)  give the governor the power to direct the department to undertake the following:

  • Planning and executing public health emergency assessments, mitigation, preparedness response, and recovery for the state;
  • Coordinating public health emergency responses between state and local authorities;
  • Collaborating with appropriate federal government authorities, elected officials of other states, private organizations, or private sector companies;
  • Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies;
  • Organizing public information activities regarding state public health emergency response operations; and
  • Providing for special identification for public health personnel involved in a public health emergency.

Under this emergency authority, the Georgia Department of Public Health has regulations in place authorizing it to do the following:

  • Isolate persons infected with communicable diseases or conditions likely to endanger the health of others, until they are found to be free of the infectious agent or disease;
  • Quarantine persons exposed to, or reasonably suspected of having been exposed to, a communicable disease, until they are found to be free of the infectious agent or disease;
  • Require surveillance, including the active and direct active monitoring of carriers of disease and persons exposed to, or reasonably suspected of having been exposed to, a communicable disease, until it is determined that they no longer pose a threat of spreading disease;
  • Require persons to be vaccinated or immunized, examined, and treated;
    • Except as provided in subsection (2) below, an individual shall be exempt from vaccination or immunization if the person, or the parent or legal guardian in the case of a minor, furnishes an affidavit that complies with DPH Rule 511-2-2-.07.
    • The Department may require vaccination or immunization of those who object on the grounds of religious beliefs if it is determined that an epidemic or the threat of an epidemic exists;
  • Restrict travel into or within the state;
  • Limit or cancel public gatherings; and
  • Close, evacuate, or decontaminate any facility, or destroy or decontaminate any contaminated materials, that the Department reasonably suspects may pose a danger to public health.

Ga Comp. R. & Regs. 511-9-1-.03

Within Georgia law and state regulations, there are additional procedures in place to implement and enforce these broad emergency powers and prevent abuses.  If you have any specific questions or concerns please let us know and we will follow up with further information. 

Georgia Legislative Update – March 9, 2020


In the midst of the state’s 2020 legislative session, Georgia has joined eighteen other states with confirmed cases of the COVID-19 virus, commonly known as coronavirus. Leading the state’s response to the outbreak are Department of Public Health Commissioner Kathleen Toomey and Governor Brian Kemp’s 18-member coronavirus task force. The Governor has stressed that the risk to Georgians remains low but that he does expect additional cases. 

Meanwhile the state legislature has been hard at work moving bills through the legislative process with an eye to March 12, when bills must cross over from one legislative chamber to the other or they will no longer be under consideration. 


The Senate voted to approve a midyear budget that supports many of the same appropriations adopted by the House of Representatives. Both the Senate and House departed from the Governor’s proposals. Specifically, both chambers opted to restore funding for public defenders, food safety inspectors, accountability courts, Morehouse and Mercer medical schools, and county public health departments. 

Lawmakers will now turn their attention to the Governor’s proposed $28.1 billion budget for FY 2021. That budget includes $300 million in spending cuts as well as pay raises for teachers and state employees earning less than $40,000 per year. Notably, several high-ranking members of the House, including Speaker David Ralston (R-Blue Ridge), have expressed a preference for cutting income taxes over raising teacher pay. 


Two bills that would alter the way Georgians vote, both with Republican backing, are under consideration this session. The first, Senate Bill 463, would require election officials to take action to address long lines on election day. Specifically, the proposal, which is supported by Secretary of State Brad Raffensperger, states that if lines last more than one hour, county election superintendents would have to split up precincts that have more than 2,000 voters, provide additional voting equipment or hire extra poll workers in the next general election. The legislation also gives election officials greater latitude to provide more voting machines in the event of long lines. 

The other elections bill, House Bill 520, would give cities and counties the option to move local general elections from May to November to take advantage of the increased turnout that results from national election cycles. 


Backed by Gov. Kemp and State School Superintendent Richard Woods, Senate Bill 367, which would reduce the total number of mandatory tests in Georgia’s public schools to 19 from 24, passed the Senate last Monday. The legislation, which passed the Senate 53-0, cuts four tests from high school and one from the fifth grade. The legislation now heads to the House of Representatives. 

The House and the Senate have agreed on a legislation to limit state-funding college courses for high school students to 30 credit hours. The change to the popular dual enrollment program was spurred by increased costs as enrollment increased. House Bill 444 will now to go the Governor for his signature. 

The Senate Education and Youth Committee voted in favor of a piece of legislation, Senate Bill 386, that would expand Georgia’s only private school voucher program. The program aimed at special needs students would be expanded to include students with 504 plans which applies to students with disabilities that do not require special instruction given to students identified under the Disabilities Education Act. 

Senior care 

Prompted by an Atlanta Journal-Constitution investigative report on the state of senior care in Georgia, House Bill 987 passed the full chamber by a vote of 160-1. The legislation, which is sponsored by Rep. Sharon Cooper (R-Marietta), would expand the regulation of senior care facilities and increase fines for violations causing serious physical injury to, or the death of, a resident. Specifically, the bill would (i) require administrators who run assisted living facilities or large personal care homes to receive special training and licenses; (ii) require special certification for memory care units; and (iii) double the minimum fine where a home is cited in relation to death or serious harm. 

Tax credits

State tax credits have become a topic of conversation under the Gold Dome after several reports questioned the economic benefits of the film tax credit, an economic incentive credited with sparking the robust film industry in Georgia. One piece of legislation, House Bill 1037, sponsored by Rep. Matt Dollar (R-Marietta) would require every film production to be audited and would only award tax credits after the audit process is complete. The legislation would also expand the tax credit to include companies that broadcast non-recurring sports events with an economic impact of $50 million or more, such as Super Bowls and the NCAA Final Four basketball tournament. The House Ways and Means Committee has yet to take action on the bill. 

Meanwhile, House Ways and Means removed from the books a tax break that gave credits to employers that hired parolees. According to Chairman Brett Harrell (R-Snellville) the credit was going unused. 

Further scrutiny of tax credits could intensity if Senate Bill 302 by Sen. Jon Albers (R-Roswell),  which passed the Senate unanimously and is currently awaiting action by the House Ways and Means Committee, passes the full House. The bill would permit the chairmen of the House and Senate tax committees to request independent economic-impact reviews of a few tax credits a year. 

Tort reform

A major battle is brewing between the business and legal communities, specifically the Georgia Trial Lawyers Association, over a renewed fight over tort reform. State Senator Steve Gooch (R- Dahlonega) introduced two tort reform bills, Senate Bill 390 and Senate Bill 415. The former was assigned to the Senate Judiciary Committee and the latter to the Insurance and Labor Committee. Several trial lawyers are members of the Senate Judiciary Committee, so the hopes of the business community most likely lie with SB 415. 

One provision of SB 415 would prevent trial lawyers from arguing the monetary value of a victims pain and suffering or, in a wrongful death case, the value of a life. Additionally, the bill would make changes to premises liability in cases where someone is attacked on a property owned by a business or an individual and then sues the owner for not doing enough to prevent the crime. In such cases, the victim would be entitled to damages only when the landowner “had actual knowledge of the specific threat of imminent harm” and could have reasonably prevented it. 


The Senate approved a bill that (i) offers farmers a state income tax exemption on disaster relief aid and (ii) includes a 50-cents-per-ride tax on rideshare companies such as Uber and Lyft, taxis and limos to fund rural transit expansion. The per-ride tax, which will fund rural transit expansion. which will take effect on April 1, would replace the sales tax on rideshares and taxis. House Bill 105 which was adopted in the Senate by substitute will now return to the House for further consideration. 

Alcohol Delivery 

House Bill 879, sponsored by Rep. Brett Harrell (R-Snelville), which would permit home delivery of beer and wine so long as it is delivered to a person who would have to provide ID showing he/she is of legal age. The measure passed the House Regulated Industries Committee and is awaiting a full vote by the House of Representatives. 

Health care

House Bill 888 passed the House of Representatives by a vote of 164-4. The legislation aims to protect patients from having to pay bills after receiving care at a hospital that is in their insurance network. These bills are currently sent to patients in the event they saw a contract doctor who is out of network at a hospital where they are covered. In such cases, the insurance company and the provider would be required to sort out the payments through arbitration. 

Additionally, the full House passed House Bill 789, which requires insurance companies to maintain an online directory of anesthesiologists, pathologists, radiologists and emergency medicine doctors that are covered by their plans. 

In addition to surprise billing, legislators are looking to make changes to the pharmacy industries, specifically pharmacy benefit managers which act as middlemen between insurance companies, pharmaceutical companies and consumers. House Bill 946 would increase oversight on the industry and bar managers from charging an insurance company more for a drug than it cost from a pharmacy. The Senate passed SB 313 a nearly identical bill on Thursday. Another bill, House Bill 947, would allow the state to study the financial impact of removing pharmacy benefit managers from its Medicaid plan entirely. 

Maternal Mortality 

Republican House leaders are getting behind an effort to authorize the Georgia Department of Community Health to seek a federal waiver to expand Medicaid from two to six months following childbirth to address postpartum depression, high blood pressure and cardiac conditions.  


The legislature is speeding toward Crossover Day on March 12, when legislation under consideration has to pass at least one chamber or it is no longer eligible to pass into law this legislative session. As such, we expect a flurry of activity this week prior to the Thursday deadline.  Meanwhile, the Governor and the coronavirus task force continue to monitor the situation in Georgia and have committed to continuous sharing of information with the public.

Georgia Legislative Update – February 27, 2020


After a short break prompted by disagreements over the midyear budget, the Georgia General Assembly is back in session. In addition to appropriating taxpayer dollars, legislators are mulling legislation on sports betting, surprise medical billing, foster care, prescription drug prices, senior care,  and higher education admissions.


The House of Representatives approved the amended midyear budget last Wednesday with a host of changes from the Governor’s recommendation which was compiled after asking many agencies to cut 4 percent off of the budget passed last session. The largest chunk of savings in the Governor’s proposal came from the elimination of 1,200 vacant state government positions, many of which the legislature created in recent years to address important issues and which the legislature maintains remain valuable and necessary to citizen welfare. Under the House budget many of the positions would be retained, including food safety inspectors, crime lab scientists and public defenders. Those retentions came after testimony from agency heads who warned of the negative consequences of preemptive staffing cuts. For instance, Agriculture Commissioner Gary Black cautioned lawmakers that there would be fewer food and meat inspections if Governor Kemp’s proposal to eliminate vacant positions was approved.

House appropriators also rejected Kemp’s proposed cuts to accountability court funding after Taylor Jones, executive director of the Council of Accountability Court Judges (CACJ), told lawmakers that 336 fewer people would be able to participate in the diversion program if the agency’s budget were to be cut by 4 percent. The program, which diverts substance abusers and the mentally ill away from the criminal justice system, is a prized accomplishment of former Governor Nathan Deal.

The House also reduced cuts that Governor Kemp proposed for autism treatment, county public health departments, local libraries, the Morehouse School of Medicine and the Rural Health Systems Innovation Center at Mercer.

The amended FY 2020 budget is now in the Senate for consideration while the House will restart the process with the FY 2021 budget. The main point of contention in the FY2021 budget, at this point in the process, is the $2,000 teacher pay raise included in the Governor’s proposal, an issue he campaigned on in 2018. House Speaker David Ralston (R-Blue Ridge) has made it clear he is not opposed to raising teachers’ pay, but that it may have to be accomplished another year. Instead, House Republicans are focused on passing the second half of an income tax rate cut initiated in 2019. Their intention to reduce the top income tax rate to 5.5 percent from 5.75 percent, would cost the state an estimated $615 million in revenue according to the normally left leaning Georgia Budget and Policy Institute.

Foster care

Governor Kemp and Lt. Governor Geoff Duncan are pitching their focus on improving the foster care system as a moral imperative for pro-life Republicans. The Governor and his floor leaders have introduced several bills that address the state’s adoption system.

House Bill 912 would allow foster parents to leave children in the care of a babysitter for up to three days without having to get approval from the state Division of Family and Children Services (DFCS). Current law limits that time to two days.

House Bill 913 would drop the age requirement for potential adoptive parents to 21 from 25.

Senate Bill 335 would require judges to prioritize court cases involving children in foster care and asks juvenile courts to better track those cases. It would also allow DFCS to vary the amount of training time foster parents are required to undergo annually based on their experience level.

Health care

Legislators are considering bills to address prescription drug prices, surprise billing and the teen vaping epidemic.

Senate Bill 313, sponsored by State Sen. Dean Burke (R-Bainbridge), aims to shed light on prices that pharmacy benefit managers (PBMs) negotiate with pharmaceutical companies and pharmacies. It would make PBMs track their prices against a federally approved drug price list and report when they vary too much. The bill would also require PBMs to share more information with state regulators so they can investigate complaints.

Two surprise billing efforts, House Bill 888 and Senate Bill 359, aim to protect patients from having to pay bills after receiving care at a hospital that is in their insurance network. These bills are currently sent to patients in the event they see a contract doctor who is out of network at a hospital where they are covered. In such cases, the insurance company and the provider would enter into arbitration to sort out the payments.

To address a sharp increase in teen vaping, lawmakers are considering House Bill 864, which would require a license to sell e-cigarettes and add a 7 percent tax on their sale. Opponents argue such a change would mean that vaping would be taxed at a higher rate than traditional cigarettes, which are significantly more harmful.


The Senate Higher Education Committee last week heard Senate Bill 282, sponsored by Sen. Brandon Beach (R-Alpharetta), which would require the University of Georgia, Georgia Tech, and Augusta and Georgia State Universities to set aside 90 percent of their early-applicant slots for state residents. The committee has not yet taken a vote on the bill.

Democrats are pushing another bill aimed at higher education that would allow immigrants with temporary status to pay in-state tuition at any of the state’s public colleges and universities. House Bill 896 would make the change for students (i) who were enrolled in a Georgia high school for at least three years; (ii) are seeking full legal immigration status; and (iii) have a high school diploma or GED. The bill does not have any Republican sponsors.

Senate Bill 367, backed by Gov. Kemp and School Superintendent Richard Woods, would reduce to 19 the total number of mandatory tests in Georgia’s public schools. There are currently eight state-mandated tests: two each in math, English, science and social studies. The bill would reduce that to one test per topic.

Senior care

After an Atlanta Journal-Constitution report exposed deep flaws in many senior care facilities in the state, legislators are looking to impose additional oversight. Reps. Sharon Cooper (R-Marietta) and John LaHood (R-Valdosta) are working together on legislation that would require senior care homes to provide more financial information to regulators and would increase fines on facilities that run afoul of safety regulations. It would also increase the minimum number of staff required. For instance, memory care units would be required to have at least one direct care staff member for every 12 residents at all times.

Criminal justice reform

Reps. Mandi Ballinger (R-Canton) and Gregg Kennard (D-Lawrenceville) are both supporting an effort to allow those convicted of certain misdemeanors and felonies to request sealed records so a prospective employer or landlord would not be able to access them. Whether the request would be granted would depend on the severity of the offense and the offender’s age when the crime was committed.

Coal ash

The concern over coal ash disposal reached a fever pitch this week as residents of Juliette, GA, traveled to the state capitol to talk to legislators about contaminants in their water supply as a result of old, leaky unlined coal ash ponds at Plant Scherer, one of the nation’s largest power plants. There are several bills addressing the issue, including House Bill 93, which would require public notice when wastewater is being drained from coal ash ponds into local waterways; Senate Bill 123, which would reduce imported coal ash; and House Bill 756, which would require coal ash to be disposed in lined pits.

Sovereign immunity

Rep. Welch (R-McDonough) is leading an effort to allow citizens to file lawsuits against the state to challenge unconstitutional laws. House Resolution 1023 would put a referendum on the statewide ballot asking whether to void the constitutional doctrine of sovereign immunity, which bars lawsuits against the government. To pass, the resolution will need to be approved by at least two-thirds of both the House and the Senate, and a majority of the public, determined at the ballot box.

Tax credits

Senate Bill 302 by Sen. Jon Albers (R-Roswell), which would permit chairmen of the House and Senate tax committees to request independent economic-impact reviews of a few tax credits a year, passed the Senate unanimously. A previous effort to set up tax break reviews was vetoed by the Governor.

Freight and Logistics Commission

House Bill 820, sponsored by Rep. Kevin Tenner (R-Dawsonville), passed the House of Representatives on Monday. The bill creates a permanent line item in the state budget for badly needed rail investments. The legislation, a recommendation of the Georgia Freight and Logistics Commission, does not come with appropriated funds but is intended to lead to future investments. The Commission would be extended to December 2020 should House Resolution 935 gain approval of the Senate after passing the House in earlier this month. 


With the amended 2020 budget moving over to the Senate and House consideration of the 2021 budget in full swing, a host of policy issues are coming to the forefront. Whether it be health care, education or coal ash the General Assembly is focused on everyday issues and thus far has not waded deep into divisive social issues that could threaten incumbent Republicans in swing districts. Moving forward, watch for representatives and senators to continue to emphasize legislation that will resonate with voters come November.

Georgia Legislative Update – February 6, 2020


The Georgia Legislature has been in session for twelve legislative days. Within that short time frame a wide variety of bills have been filed and top issues have begun to emerge, namely health care, transportation and taxes. However, hanging over any debate or specific issue legislation is a contentious budget process that has exposed fissures between Governor Brian Kemp and Speaker of the House David Ralston. Until the appropriations process progresses, don’t expect much legislation to catch the attention of leadership.

State Budget

The House Appropriations Committee and Republican Party leadership continue to sift through the Governor’s budget recommendations. Ultimately the General Assembly will deliver an appropriations bill that will stray from the Governor’s preferences in at least a handful of ways. A few issues will certainly be part of the discussion, the first being teacher pay raises. Governor Kemp campaigned in part  on a $5,000 pay raise for every public school teacher in the state. To finalize fulfilling that promise — a $3000 pay raise was appropriated last year —  the Governor will have to convince the General Assembly to approved the required funding to provide the final $2,000 bump this year. Speaker Ralston made it clear that the teacher pay raises, while laudable, were not his promise to voters. Instead, it appears that rural healthcare and agriculture programs are higher on the priority list for Speaker Ralston and his caucus.

In a dramatic move this week, the General Assembly changed its schedule and adjourned until February 18th to hash out the budget in hopes of coming to a compromise that can pass the General Assembly and earn the Governor’s signature. Such a long break in the middle of a session is unusual and underscores the tension between the Governor’s recommendations and the preferences of the State House of Representatives. As such, expect budget negotiations to dominate conversations under the Gold Dome until further notice.

Health Care

Medicaid Waiver: Public comment on Governor Kemp’s Medicaid waiver proposal is open until Friday according to the US Centers for Medicare & Medicaid Services. The Governor’s proposal would open Medicaid to a larger portion of indigent citizens but would not fully expand the program largely due to concerns over future cost. Under the waiver, Medicaid would be extended to those in need who also perform certain approved activities for 80 hours a month, like working at a formal job, including registered nonprofits, or pursuing higher education.

Ultimate approval of the waiver is not guaranteed. In fact, the USC-Brookings Schaeffer Initiative for Health Policy argues that the waiver does not meet the statutory or legal requirements of the program, a position that is disputed by the Kemp administration. Further complicating the matter is a recent push by the Trump administration to allow states to scale back Medicaid spending by converting to block grants thereby providing addition flexibility on coverage.

House Bill 789: In addition to the waiver, several health care issues have surfaced at the state legislature. One issue garnering a lot of attention is surprise medical billing. HB 789 attempts to bring transparency to medical billing generally. The bill would give patients more information about which doctors are in their insurance network through an online insurer portal. Ideally, this would allow patients to have a better idea of what services will be covered before they go to the hospital. However, the bill only covers four of the most common independent specialties: anesthesiologists, emergency doctors, pathologists and radiologists.

Senate Bill 293: Sen. Chuck Hufstetler (R-Rome) is pushing a bill that would stop surprise bills for all patients. However the Senator noted publicly that his bill is simply a starting point and he is open to working with others involved in the issue.

Senate Bill 303: Senator Ben Watson (R-Savannah) has introduced a bill to provide for greater price transparency for non-emergency health care services. The bill would require the disclosure of pricing information on insurer websites thereby allowing consumers to compare competitors.


Senate Bill 159: The Senate passed SB 159 to take state government out of the debate surrounding electric scooters. The bill would leave regulation up to local governments while providing a definition of a scooter in state law. The bill defines a scooter as any device that weighs less than 100 pounds and is equipped with handlebars and an electric motor, human powered, or both, that is capable of a maximum speed of no more than 20 mph. The bill passed the Senate unanimously and has been passed over to the House of Representatives.

House Resolution 935: House Transportation Chairman Kevin Tanner (R-Dawsonville) introduced HR 935 to reauthorize the Georgia Commission on Freight and Logistics. The bill passed out of the House Transportation Committee on Thursday Jan. 30.

House Bill 820: Chairman Tanner also introduced HB 820 which would create a new line item in the budget of the Georgia Department of Transportation for freight rail appropriations. The money would be used for state investment in railways and railroad facilities and equipment.

House Bill 511: After passing in the house and then failing to cross the legislative finish line, HB 511 has been reintroduced by Transportation Chairman Tanner. The bill would create a division of transit and mobility innovation within the Georgia Department of Transportation to oversee eight regions outside of metro Atlanta and allow counties across the state to raise sales taxes for transit expansion. It would also impose a 50-cent excise tax on ground transportation rides per hire, and 25 cents on shared rides. The revenue from the tax would be dedicated to the new division and to the new metro Atlanta agency to pay for transportation pilot programs. Finally, the bill calls for up to three grants to companies that provide flexible transit services in multi-passenger vehicles. Each grant could be up to $500,000. The grants would cover services in metro Atlanta.


House Bill 276: On Thursday, January 30th Governor Kemp signed House Bill 276: Marketplace Facilitator Act. The bill mandates online retailers to collect and remit state and local sales taxes. The new law will apply to internet businesses of all kinds including Amazon, Airbnb and Uber. The law goes into effect April 1.

Senate Bill 302: The Senate Finance Committee approved SB 302 by Senator John Albers (R-Roswell) which proposes a regular review of state tax credits. Specifically, the bill calls for review of five credits per year to determine actual return on investment. Copies of the analysis would be provided to the Senate and House budget offices.


House Bill 757: House Speaker Ralston has made it clear that HB 757 which would replace the planned jungle election for the Senate seat vacated by Republican Senator Johnny Isakson with a traditional primary followed by a general, would not impact the 2020 election but would instead mandate the change thereafter if passed and signed by the Governor. The bill, which was for a moment the focus of a proxy battle between supporters of Senator Kelly Loeffler and Representative Doug Collins, was sent back to committee.

Business Efficiency

Senate Bill 110: The Senate is currently debating SB 110 which would establish a statewide business court that would hear cases involving complex business litigation, mergers, high-level contract disputes, trademark litigation, securities litigation, typically between two or more businesses.  The version in front of the Senate is from the conference committee that came out of the 2019 legislative session.

Business Judgment Rule: Expect a bill to drop soon after the legislature reconvenes on February 18 to establish gross negligence as the standard of care by which the court could question the actions of officers and directors of non-profits, foundations and cooperatives. Currently the courts apply that standard to directors of Georgia banks and trusts and for-profit corporations. The impetus behind this legislation is to address the discrepancy between for-profit companies and non-profit organizations, eliminating a potential disincentive to serve as a non-profit officer or director.


In conclusion, at this point in the session the issues that will ultimately make it past cross-over day are, for the most part, unclear. Until the budget is settled and leadership is able to refocus on legislative priorities major legislation will be on the back burner. But don’t expect major changes to that status quo anytime soon. The difference of opinion between House Leadership and the Governor could make for a lengthy and contentious budget process.

Georgia Legislative Update – January 30, 2020


Unsurprisingly, the 2020 legislative session, still in its infancy, has been consumed by the General Assembly’s one constitutional obligation—passing a state budget—a task complicated by declining revenue and a Governor with clear (and expensive) priorities. Republican Governor Brian Kemp unveiled a $28.1 billion proposal for FY 2021 which reflects budget cuts for almost all state agencies. Since its release, the Governor has presented his priorities through appearances at budget hearings and his annual State of the State address. While the Governor’s recommendation has significant agenda setting power, it is simply a suggestion to the General Assembly, which ultimately has the power to appropriate state funds.

In addition to the budget a few legislative proposals have received attention thus far, including House Bill 276, adopted by the General Assembly and which makes changes to how sales taxes are collected from online purchases; a human trafficking bill promoted by the Governor; and an election bill that has the potential to upend the race for the US Senate seat currently held by Republican Kelly Loeffler, who was appointed by Gov. Kemp in December after Johnny Isakson announced he was retiring due to health reasons.

I. State budget

The Governor’s proposed budget aims to save about $200 million this fiscal year and $300 million next year, without negatively impact state services. The budget recommends reduced funding for a host of agencies and programs, including accountability courts, public defenders, county health departments and state Department of Agriculture initiatives. The majority of the reductions are funded by eliminating vacant jobs, about 1,200 of them according to The Atlanta Journal-Constitution. Those positions would include Department of Agriculture food safety inspectors and marketing staff, child welfare and program eligibility workers, agricultural extension employees, Georgia Bureau of Investigation lab scientists and technicians, juvenile justice security staff, and veterans affairs workers.

Notably, Gov. Kemp exempted from the budget cuts K-12 education, most college programs, Medicaid and funding for roads and bridges. Additionally, the Governor has been quick to point out it’s not all bad news. In fact, the budget includes additional funding for isolated schools, park/green space acquisition, lab equipment to test rural water systems, $51 million to state Department of Transportation for roadways, and $50 million in general obligation bonds to repair and replace bridges.

That being said, members of the General Assembly want to review all of the budget recommendations. As is tradition, the budget that is passed through the House and Senate will look drastically different than what is proposed by the Governor. As to what exactly the General Assembly will change, there are a few large buckets of spending to keep an eye on.


The Governor’s budget includes the second half of the $5,000 pay raise he promised public school teachers during the 2018 gubernatorial campaign. Specifically, it allocates $362.2 million to provide a $2,000 pay raise for public school teachers (on top of the $3,000 approved last year. About half of that money comes from a reduction in what the state will need to put into the teacher pension system. In addition the proposed budget fully funds the QBE formula and includes $346 million in borrowing for K-12 school projects.

It should be noted that the teacher pay raise isn’t necessarily a done deal. In fact, Speaker David Ralston (R-Blue Ridge) said that the increase “was not my campaign promise.” The proposed raise is sure to face scrutiny amidst other cuts that rural legislators argue disproportionately harm their constituents.

Rural prosperity and agriculture

Rural-focused programs facing cuts include the Center for Rural Prosperity, a program cherished by Speaker Ralston and the Cooperative Extension Service and agriculture experiment stations, which would see reductions of $7.6 million next year. State Rep. Sam Watson (R-Moultrie) noted that he speaks with his local ag extension agent frequently and that the program has been essential to getting farmers through “the hurricanes, the disasters, the trade wars.”

The budget also eliminates funding for a rural water association and forest protection, and limits the Department of Agriculture’s ability to fill food safety inspection positions. 

Health care

Health care has been top of mind for legislators throughout the biennial legislative session, as demonstrated by last sessions Medicaid waiver bill, certificate of need reform battle and study committee on maternal health. Front of mind in each of these discussion was the rural health care crisis. Still in the early stages of the budget process, the cuts to health care services are alarming members of both parties, particularly as they relate to rural care.

One of the main points of concern surrounds proposed cuts in funding for county health department grants, including a $6.4 million cut in 2020 and a $9.24 million cut in 2021. That, combined with reductions to loan forgiveness for rural health care professionals, rural surgery initiatives and doctor training focused on rural care has sounded an alarm on the budget committees, which are dominated by rural lawmakers.

The cuts to the county health departments could be particularly damaging given that in many rural counties doctors are few and far between and a large portion of health-related services falls to County departments. Additionally, cuts to the Georgia Department of Behavior Health and Developmental Disabilities, which provides services to mentally unstable or addicted individuals, is proving to be a point of contention at the capitol. DBHDD Commissioner Judy Fitzgerald told legislators the safety net “is stretched to the max” and any cut in funding would lead to a disruption in services to the most vulnerable. Her passionate presentation left a mark on lawmakers, many of whom are concerned with the significant increase in mental health and substance abuse problems in the state.

Criminal Justice

One aspect of the budget Gov. Kemp is keen on bolstering are programs to address violent crime. The budget designates $2 million to increase staff resources for the GBI Gang Taskforce to dismantle gang and human trafficking operations, $3 million for the recruitment and retention of state prosecutors and $435,182 for State Inspector General Deborah Wallace to address sexual harassment complaints.

In addition to bolstering law enforcement efforts, Gov. Kemp’s budget proposal cuts funding to accountability courts, a core element of former Gov. Nathan Deal’s criminal justice reform package. These courts are geared to drug addicts, veterans and the mentally ill, who have mostly been charged with nonviolent or low-level offenses, directing them toward help and away from prisons.

A University of Georgia study found that the roughly 1,700 people who graduated from accountability courts in 2017 saved the state nearly $5,000 per person when compared with the cost of incarceration.

Many judges, including Georgia Supreme Court Chief Justice Harold Melton, have been critical of the decision. Melton warned that “you may be directing people to more expensive and less efficient alternatives.” This argument has been echoed by others who worry that short-term cuts to the program will lead to more substantial long-term financial commitments from the state. In addition to cutting funding for the accountability court program the Governor has proposed reducing spending on Georgia’s public defender network by $3.5 million.

II. Online retailers tax

Prior to fully diving into the budget process, the General Assembly was able to pass House Bill 276. The bill, which would put the burden of tax collection on online retailers, seeks to collect sales tax from online and third-party platforms selling retail products, thus leveling the playing field for Georgia-based brick-and-mortar retailers and increasing revenue for the state. After the bill almost passed last year, a conference committee was appointed from the House and Senate which produced a compromise bill that was approved by both chambers.

Unsurprisingly, the passage of the bill has now been incorporated into budget considerations. State Rep. David Knight (R-Griffin) asked Kelly Farr, the Director of the Governor’s Office of Planning and Budget, if the governor had considered raising the estimate of tax collections for next year to account for new sales tax money coming in from Internet- and app-based companies. A higher estimate of what lawmakers could spend would allow lawmakers to curb some of the spending cuts. 

Farr told lawmakers that he would advise against relying on estimates of how much a new tax bill would bring in.

III. Income tax

In 2018, state lawmakers reduced the state income tax rate to 5.75 percent from 6 percent, with a plan to reduce it again this year, to 5.5 percent. However, due to declining revenues and questions regarding the political benefit of another cut, many under the Gold Dome are rethinking the plan. In fact, State Senate Finance Chairman Chuck Hufstetler (R-Rome) threw cold water on the idea, saying “I don’t see the math there right now”. Notably, the Governor did not include the tax cut in his budget so lawmakers would have to find the money themselves should they want to move forward.

IV. Human tracking

Gov. Kemp is promoting new legislation to address human trafficking that will be carried by State Reps. Houston Gaines (R-Athens) and. Ed Setzler (R- Acworth) and State Sen. Brian Strickland (R-Stockbridge). The legislation has three elements. First, it would require people convicted of some trafficking crimes to register as sex offenders. Second, it would ban convicted sex traffickers from holding a commercial driver’s license if they are convicted of using a commercial vehicle to commit the offense. And third, it would make it easier for victims to restrict access to their criminal records or secure a judicial order that sets aside judgments issued for those who were wrongly convicted.

V. Election-qualifying

What would usually be a mundane housekeeping bill has the potential to shake up the race for Georgia’s US Senate seat currently held by Sen. Loeffler. House Bill 757 primarily clarifies the right of the Secretary of State to set an early-March qualifying date for candidates, Democratic and Republican, that would like to challenge Sen. Loeffler. Interestingly, House Minority Leader Bob Trammell (D-Luthersville) went public with a proposal, aimed at friends and supporters of US Rep. Doug Collins (R), to amend the bill so that instead of a jungle election that would probably lead to a run-off (which Republicans historically over the past 30 years have won), there would be two traditional party primaries and then a general election. Somewhat unexpectedly, that amendment was added and, this morning, the bill passed out of the House Governmental Affairs Committee. Gov. Kemp is strongly against any the change. However, Rep. Collins, a former Georgia House member, is close to both Speaker Ralston and other influential Republicans. It is possible, yet unlikely, that an interparty spat could evolve and ultimately alter the national political landscape by increasing the chances that Rep. Collins, who is expected to enter the race against Loeffler, is able to prevail in a party primary.


Until proven otherwise, in 2020, the budget is king. The Governor has made his priorities clear: teacher pay raises, infrastructure, curbing gang violence and tackling human trafficking. Now it is up to the General Assembly to determine where, if at all, its priorities line up with those of the Governor and how far it is willing to go in irking a Governor with a sky-high approval rating state-wide.

Georgia Legislative Preview 2020


Georgia’s state legislators reconvene today for the second 40-day session of the 155th Georgia General Assembly. With an impending election in November 2020, Georgia representatives and senators on both sides of the aisle, especially those with difficult reelection campaigns ahead, are likely to judiciously avoid controversy. As such, don’t expect as contentious a session as we saw last year, when the legislature passed abortion restrictions and reforms to the state’s certificate-of-need process, while also considering a state takeover of Atlanta’s airport. That being said, there is plenty to prepare for as legislators head back to Atlanta.

Top of mind for the Republican majority will be issues that Governor Brian Kemp has explicitly identified as priorities, including tougher penalties for violent offenders and human traffickers, a crackdown on gang violence, loosening adoption regulations and finalizing the $5,000 teacher pay raise he promised during the 2018 campaign. In addition to the Governor’s priorities, here are a few topics to look out for in 2020:

State budget

Facing declining revenues and an outstanding promise to teachers to deliver the final $2,000 of the $5,000 pay raise Governor Kemp promised throughout the 2018 gubernatorial campaign, the Governor is tasking state agencies with finding inefficiencies and cutting costs rapidly. Specifically, the Governor instructed most state agencies to reduce spending by 4 percent in the current 2020 fiscal year and by 6 percent in FY2021. The cuts are aimed at shrinking the size of government, preparing for the possibility of a recession and finding funding for the Governor’s priorities in light of shrinking state revenue. Notably, the burden of the cuts will fall on just a handful of agencies, as three-fourths of state spending is exempt from the directive, including funding for education, Medicaid and transportation infrastructure.

Achieving a balanced budget is the only constitutional responsibility of the General Assembly, and given the restraints put on state agencies by the Governor expect the budget process to take up a large portion of the legislature’s time in 2020.

Tax cuts

In 2018, the legislature voted to reduce the state income tax rate by .25 percent—from 6 percent to 5.75 percent. The cut, along with declining federal revenues, contributed to lower overall state revenues. The 2018 cut was only a first step in what was originally intended to be a cut of .5 percent. The second reduction is now up for consideration. The General Assembly will debate lowering the income tax rate to 5.5 percent. However, given the well-known revenue problem it is unclear whether the measure will pass. Governor Kemp told the Marietta Daily Journal that it “depends on if there’s legislative support for that and how we would structure the budget.”

Health care

Health care was a top priority of the General Assembly last session and it remains a hotly debated policy issue going into the 2020 session. In 2019, the General Assembly gave the Governor the power to pursue a Medicaid waiver to set up a Georgia-specific process for insuring low-income citizens. Notably, the new waiver program will require a significant budget line in what is an already jam-packed state budget. In addition, last year the legislature implemented changes to the certificate of need (CON) process that regulates hospitals in the state. Smaller CON reforms may arise again as reform proponents try to build on their momentum in a changing state health care environment.  

Finally, Lt. Governor Geoff Duncan is wrapping up a blue-ribbon panel on lowering the cost of healthcare that has been particularly interested in how technology can lower delivery costs and expand access to rural Georgians. The Lt. Governor is likely to support Senate legislation that comes out of the panel focused on telemedicine, health information technology and data sharing.  Similar House and Senate study committees will likely produce legislation focusing on issues involving maternal mortality, indigent care, patient access and patient billing.

Tax credits

Senator Lindsey Tippins (R) is leading the crusade against ineffective, unproductive and inefficient tax credits as a mechanism to avoid budget cuts. Sen. Tippins is looking at many existing tax credits, including the film tax credit, which has been credited by Republicans and Democrats alike for sparking what is now a thriving film industry in the state. However, the actual economic impact of that tax credit is challenged by a recently released state audit. The audit concludes that the state is not getting as much return on investment as previously thought.

In regard to the budget, Sen. Tippins believes that Georgia doesn’t have a spending problem but rather an income problem and has cited tax credits as one of the best options for raising revenue. It is unlikely that the film tax credit will be fully repealed, but minor changes will garner significant support. Two interesting features of the credit, pointed out by the Atlanta Journal-Constitution, are likely to be points of discussion: first, there is no cap, and second, the credits are transferable. The ability to transfer tax credits has sparked a secondary market which has allowed companies unrelated to the film industry to avoid paying taxes by purchasing credits from the film industry.

Thus far, Governor Kemp has remained neutral in the debate over the film tax credit.


Legalized gambling, sports betting and horse racing, like all other issues this session, are now being viewed through the lenses of revenues and expenditures. Legalized gambling is seen as a potential moneymaker for the state government, a source of revenue to shore up the HOPE scholarship and pre-K programs and potentially address other critical issues, such as health care.

That is why proponents, both in the legislature and the gaming industry, see new energy around this issue. This energy was supported by the creation of two special legislative study committees, one in the House and one in the Senate, which held hearings this past fall to consider whether to make a real push in the 2020 legislative session to legalize casino gaming, pari-mutuel wagering and sports betting in Georgia. Casino gaming and pari-mutuel wagering are currently prohibited by the Georgia constitution. While there are some that believe a constitutional amendment may not be necessary to make sports betting legal, that the legislature would only need to pass a law, the General Assembly’s Office of Legislative Counsel has admitted this is a grey area and has recommended the pursuit of a constitutional amendment to avoid years legal battles. 

The most likely course of action for any new form of gambling is that a constitutional amendment would be pursued, which would require a two-thirds vote in both chambers to pass, as well as approval from the public via a referendum. Notably, enabling legislation is not required to accompany the amendment, but some legislators may push for such legislation before the referendum phase.

Governor Kemp, who has historically opposed gambling, has noted that constitutional amendments are veto-proof so should the legislature and Georgia voters support such an amendment his personal opinions would be irrelevant.

Tort reform

Conservative business interests, including the Georgia Chamber of Commerce, are making tort reform a priority this session. They aim to remove legal roadblocks in an area of the law they see as favoring individuals over businesses. It is possible that lawmakers will base legislation on a Tennessee tort reform law that caps punitive and noneconomic damages.


In sum, in 2020, the budget is king. Almost every piece of legislation will be weighed against budgetary concerns as lawmakers remain on high alert to declining revenues and an economic expansion that, some believe, must come to an end in the near future. Moreover, upcoming elections will likely tamp down talk of highly partisan issues, such as a state takeover of ATL and religious freedom legislation. However, like every legislative session, the unexpected is inevitable. Stay tuned.

Georgia Policy Primer – December 20, 2019


Despite the absence of state and federal elections this year in Georgia, political theater has been active in our state of late and will be heating up even more in the next few weeks. 

This political primer will quickly catch you up on the latest Georgia political news in anticipation of Dentons’ Georgia legislative preview, which will be released the Tuesday prior to the State House and Senate convening for the second leg of the 155th Georgia General Assembly.

1. Senate Turn-Over

Georgians, regardless of political party, voiced their regret when US Senator Johnny Isakson (R) announced his retirement in late August. Known throughout the Senate chambers and here in Georgia as a consummate statesman with a steadfast belief in bipartisanship, Senator Isakson will leave behind a distinguished career.

Sen. Isakson will be replaced in the Senate by Kelly Loeffler, CEO of Bakkt, a digital asset platform, and co-owner of the Atlanta Dream WBNA franchise. A longtime Republican, Loeffler was selected by Gov. Kemp after a highly unusual public application process continued long enough for the Governor to narrow down his internal list.

One name on the list, who was ultimately not chosen, US Representative Doug Collins (R-GA-9), made the decision by Gov. Kemp significantly more difficult. As ranking member of the House Judiciary Committee, Rep. Collins has made a name for himself as one of President Trump’s staunchest and most effective defenders on Capitol Hill.

Rep. Collins was endorsed by President Trump and his allies, including talk show host Sean Hannity and fellow US House members around the country, including Representative Matt Gaetz (R-FL-1).

Gov. Kemp stood firm in the face of significant pressure from a President who had backed him heavily in his 2018 gubernatorial runoff primary campaign against then Lt. Gov. Casey Cagle. Instead of selecting Rep. Collins, a known commodity in conservative Republican circles, Gov. Kemp chose Loeffler, a political newcomer with extensive business and civic experience and the wherewithal to funnel millions into a special election campaign in 2020. Choosing Loeffler is yet another appointment made by Gov. Kemp aimed, in part, at regaining ground lost in the vote-rich Atlanta suburbs of North Fulton, Cobb and Gwinnett Counties. The Governor may be hoping that Loeffler, who will share the ballot with him in 2022, will help regain the allegiance of educated suburban women, a demographic group that fled the GOP in 2018 and fueled Democratic gains in Congress and the state General Assembly.

While Loeffler has business and civic experience, she is untested in the political arena and Georgians will be watching her intensely as she takes her seat in the US Senate and simultaneously launches her campaign in the upcoming special election. 

2. Resignation Number Two—A Rising Star’s Early Exit

US Representative Tom Graves (R-GA-14) will not seek reelection in 2020. A former State House member who rode the tea-party wave to Congress in 2010, Rep. Graves had amassed significant power in Washington prior to issuing his retirement proclamation to the surprise of many. A member of the House Appropriations Committee, Rep. Graves was seen by many as a future statewide candidate but instead is looking forward, he said, to a “new season in life.” His departure leaves a hole in the Georgia delegation to be filled by the conservative voters that dominate Northwest Georgia. Possible replacements could include State Sens. Jeff Mullis, Chuck Hefstetler and Bill Heath; State Reps. Rick Jasperse, Katie Dempsey and Trey Kelley; and former 6th Congressional District candidate Marjorie Taylor Greene.

3. Resignation Number Three—Earlier than Expected

Georgia Supreme Court Justice Robert Benham, the first African-American to serve on the state’s high court, moved up his resignation date from December 31, 2020—the end of his current term—to March 1, 2020.

As such, Gov. Brian Kemp will appoint his successor, who will not run for reelection until 2022. Benham’s announcement effectively ends the campaign to succeed him, which drew several candidates, including Court of Appeals Judge Sara Doyle, former US Rep. John Barrow, former state lawmakers Beth Beskin and Superior Court Judge Horace Johnson.

4. A Georgian for Vice President?

Former Vice President Joe Biden hinted that two prominent Georgia Democratic women were on his vice presidential short list. While he did not name them, he referred to “the former assistant attorney general who got fired” (Sally Yates) and “the woman who should be the governor of Georgia” (Stacey Abrams) as possible running mates. His decision could be even more important than in years past if you believe reports that he is seriously considering serving only one term if he wins the White House. In such a scenario his vice president would be an early front runner to succeed him.

In sum, a fast-changing and unpredictable political landscape has handed Gov. Kemp two major appointments, opened a seat in Georgia’s congressional delegation and fueled speculation of a Georgian in the White House. And all of this is in advance of a state legislative session the highlight of which will likely be a contentious budget process, thanks to declining state revenue and cost-cutting directives from the Governor.

Keep a lookout for our session preview for more on the coming budget debate and the other issues likely to consume the attention of state lawmakers when they return to Atlanta in January.

Georgia 2019 legislative recap

At midnight on Tuesday, April 2, the 2019 Georgia Legislative Session came to a close. After hundreds of bills were introduced in both the State House of Representatives and the State Senate, the select few that received bicameral approval await the governor’s signature. Governor Brian Kemp has 40 days, until May 12, to sign, veto or pass on each bill approved by the legislature. If he neither signs nor vetoes a bill, it becomes law automatically at the end of the 40 days.

The 2019 legislative session, the first of Governor Kemp’s four-year term, was headlined by health care reform, an election overhaul and controversial abortion legislation. This comprehensive recap reviews every major legislative effort and predicts the issues that will define 2020.

Successful legislation

Election overhaul

In April 2018, then Secretary of State Kemp established the Secure Accessible & Fair Elections (SAFE) Commission to examine the state’s voting system and provide recommendations to the General Assembly. He and Representative Barry Fleming (R-Harlem) co-chaired the SAFE commission, which included legislators, elections officials, an IT and cybersecurity expert, political party representatives, a voter accessibility expert and two “at-large” voters.

The committee recommended a complete overhaul of the election system. They advised that the state switch from the current computer-based system to a “hybrid” voting system that utilizes electronic machines while also producing a verifiable paper record.

The governor’s budget, released on January 17, included $150 million in bond funds to replace all 27,000 voting machines—the estimated amount required for the recommended touch-screen ballot-marking devices. Subsequently, the recommendations of the commission were included in House Bill 316, which was signed into law on Tuesday, April 2. In addition to provisions to replace voting machines, the law includes several amendments championed by Democratic members of the General Assembly, including changes to voter registrations and polling locations.

The bill was introduced on February 14 by House Judiciary Chairman Barry Fleming (R-Harlem), approved by the House Governmental Affairs Committee by a vote of 13-6 and passed by the full House just seven days after its introduction. Shortly thereafter, on March 6, the bill passed the Senate Ethics Committee, 7-5.

An amended version of House Bill 316 passed the full Senate on Wednesday, March 13, by a vote of 35-21; the House quickly agreed to the Senate’s amendments.

Now that Governor Kemp has signed the bill, Secretary of State Brad Raffensperger will formally begin the process of selecting a vendor.

Here’s a quick reminder of what the new law does:

1. New voting machines

Primarily, and most controversially, the law requires that the current touch-screen voting system be replaced with a “hybrid” system that utilizes electronic voting machines while also printing physical voting sheets for confirmation. The administration is hopeful that the system, estimated to initially cost around $150 million, will be fully operational by November 2020. This effort ends Georgia’s standing as one of only four states that relies entirely on electronic voting machines void of a verifiable paper trail.

Upon deployment, the new system will be subject to audits in select precincts under the supervision of the State Election Board.

2. Registration cancellations

The period of voter inactivity before one’s registration is cancelled has been extended. Previously, voter registrations could be cancelled after six or seven years if a voter had no contact with election officials and failed to cast any votes over the time period. The new standard is eight or nine years of inactivity.

Additionally, voters are now required to be mailed notification of an upcoming cancellation between 30 and 60 days in advance.

3. Exact match

The exact-match system, which requires consistency across all state documents to verify a voter’s identity, has changed slightly. Instead of putting flagged individuals on pending status immediately, all voter registrations will now become active voters. Inconsistencies are noted in voting records after the fact, at which time flagged individuals will be required to show photo identification that meets exact-match standards to cast a ballot.

4. Polling sites

Changes to precincts, including relocations and closures, are no longer permitted within 60 days of an election. Additionally, the law calls for one voting machine for every 250 voters, a decrease from the previous requirement of a machine for every 200 voters. However, the new machines will be used in both early voting and election day voting, a benefit that was not possible with the state’s old machines.

5. Recounts

The new law lowers the threshold required for an automatic recount from a one percent differential to a 0.5 percent differential.

6. Absentee ballots

Instead of rejecting absentee ballots for mismatches between a voter’s signature on their ballot and the one on file, voters will be sent provisional ballots that will be counted if the affected voter provides valid identification.

Secretary of State Raffensperger is now working to ensure the new system is in place prior to the 2020 primary.

Certificate of need

One of most convoluted, confusing and contentious issues of the legislative session was certificate of need (CON) reform. The certificate of need licensure process has been the state’s primary health care licensure regime since its inception in 1979.

The call for reform, a yearly occurrence, came to a boiling point this session after reports from the Senate Study Committee on Certificate of Need Reform, chaired by Senator Ben Watson (R-1), and the House Rural Development Council, co-chaired by Representative Terry England (R-Auburn) and Representative Jay Powell (R-Camilla), called for a full repeal of the CON system that has regulated health care services in Georgia for generations.

Two bills, House Bill 198 and Senate Bill 74, were introduced within the first week of the session. Both would have completely repealed and replaced the CON system. In addition, those bills included transparency requirements for nonprofit hospitals and increased the cap for the rural health care tax credit.

On Monday, February 25, HB 198 passed out of the House Special Committee on Access to Quality Health Care by a vote of 9-4. The bill was recommitted to the special committee, amended and re-presented before ultimately failing on the floor, prior to Crossover Day.

Similarly, two other CON reform bills, Senate Bill 114 and Senate Bill 74, failed to crossover to the House prior to the mandated changeover date.

However, as is often the case when such a significant piece of legislation is backed by influential legislators, CON reform quickly found new life.

Specifically, House Bill 186, a bill originally dealing with hospital authority transactions that had already passed the House, was amended to serve as a vehicle for further changes to the CON law. Despite continuing concerns from many in the hospital community, HB 186 was supported by the Georgia Hospital Association and the Georgia Alliance of Community Hospitals as a “compromise” bill.

House Bill 186 limits CON application objections to entities that are within a 35-mile radius of a proposed project, creates a pathway for Cancer Treatment Centers of America to expand its operation and increases the financial threshold for expansions that are not subject to CON requirements.

Notably, the bill does not allow for stand-alone emergency rooms, cardiology ambulatory surgery centers or specialized sports medicine facilities.

The bill passed out of the Senate Rules Committee on Monday, March 25, and passed the entire Senate by a vote of 51-4. Soon thereafter it passed the House by a vote of 170-3.

However, the advocates for CON reform were still not finished and proceeded to push through another, more controversial, section of the original CON bill that found its way back into active legislation.

An amendment was added to House Bill 321 to require extensive financial disclosures from nonprofit hospitals, which would be required to make a whole host of financial documents available for public consumption, including bank statements, patient revenues, real estate estimates and executive salaries.

The bill passed both the House and Senate by sizable margins on the back of vocal support from several large hospital systems and Republican leadership. In particular, Lieutenant Governor Geoff Duncan signaled his strong support for the effort via Twitter. House Bill 321 is bolstered by a state budget item to fund a consultant’s review of nonprofit hospitals’ executive compensation and lobbying activity.

Health care waivers

Throughout his campaign for governor, then Secretary of State Kemp pledged to address Georgia’s subpar health outcomes while also categorically refusing to expand Medicaid. In mid-January, when the governor released his proposed budget it became clear that the administration would pursue waivers. The budget dedicated $1 million to an external consultant who would study the issue.

However, to accomplish that goal the General Assembly would have to pass a bill giving the governor back the authority to pursue waivers after it stripped the office of that power in 2014. On Wednesday, February 13, Senator Blake Tillery (R-19) introduced Senate Bill 106 to do just that.

The bill, which has already been signed into law after passing both chambers, gives Governor Kemp the authority to submit for a 1115 waiver from the US Department of Health and Human Services (HHS) to address Medicaid, and a 1332 waiver from both HHS and the US Treasury Department to address the Affordable Care Act. He must do so by June 30, 2020.

Both efforts hinge on federal approval for a waiver to state health care rules.

The 1115 waiver would expand coverage to indigent Georgians with incomes up to the poverty level, about $12,000 for individuals, whereas the 1332 waiver would stabilize the Affordable Care Act exchange markets in an effort to stem skyrocketing insurance premiums.

Notably, the law was not amended since it was introduced—the language is exactly what the governor proposed.


In addition to his promise to address health care outcomes, Governor Kemp was vocal about his conviction to sign the “toughest abortion laws in the country.” He is expected to make good on that promise by signing House Bill 481, which would ban abortions once a doctor can detect a heartbeat in the womb, usually around six weeks into a pregnancy. Currently, Georgia law allows for abortions up to 20 weeks.

After briefly entertaining a trigger bill that would have banned all abortions should the Supreme Court overturn Roe v. Wade, Governor Kemp, Lt. Governor Duncan and Republican leadership at the Capitol rallied behind the heartbeat bill introduced the week leading up to Crossover Day on March 7.

House Bill 481, sponsored by Ed Setzler (R-Acworth) passed the House on Crossover Day with just two votes to spare (93-73). In addition to restricting abortions, the Living Infants Fairness and Equality (LIFE) Act would allow parents to receive a child tax credit if a heartbeat has been detected and the mother provides a state-certified pregnancy test. It is thus far unclear how such tests would be verified.

After four hours of rigorous debate, the bill passed the Senate by a vote of 34-18. The House then approved the Senate’s amendments by another razor-thin margin. The governor is expected to sign the bill.

Democrats, who have remained staunchly opposed to the legislation, have promised to remind voters of the bill, which will be one of the most restrictive in the country during the next election cycle. After several film industry executives vocalized their displeasure, Senator Nikema Williams (D-39), who chairs the state Democratic Party, pivoted to an economic argument: “You can’t just say you’re the number one state to do business. You have to live those values. And that includes making sure we are open for business for everyone. That includes women.”

Governor Kemp maintains that he is unconcerned with a business backlash over the anti-abortion bill: “Our business environment is good. We cannot change our values of who we are for money. And we’re not going to do that. That’s what makes our state great. For people to want to boycott the state because we are protecting life at the heartbeat–I don’t understand that. It just doesn’t make very much sense to me, and I think I’ve shown early on I’m a business-friendly governor.”

He has remained unwilling to back down from what was a signature campaign promise even amid internal party misgivings from vulnerable suburban Republican members who are likely to face strong oppositions come November 2020.

Finally, the bill, if signed, will likely face legal challenges. The American Civil Liberties Union has vowed to file a lawsuit immediately upon its signature. Notably, last month a federal judge in Kentucky temporarily blocked a similar heartbeat abortion law, ruling it was potentially unconstitutional.

Medical Marijuana

After years of advocacy led in part, by former State Representative Allen Peake, Georgia lawmakers agreed on legislation, minutes before the clock struck midnight on Sine Die, to allow medical marijuana patients to buy cannabis oil in Georgia. At present, the use of cannabis oil is legal but the sale and purchase of the substance is not.

House Bill 324, sponsored by Representative Micah Gravley (R-Douglasville), would legalize the cultivation and distribution of medical marijuana by independent growers, state universities and licensed sellers.

Specifically, the legislation licenses private companies and universities to grow medical marijuana which would be converted into oils and sold by pharmacies and possibly dispensaries to the 8,400 registered medical marijuana patients in Georgia.

In 2015, Georgia legalized medical marijuana consumption in oil form for patients suffering from severe seizures, deadly cancers and other illnesses, but until now, provided the governor signs the legislation, there was no way for patients to purchase it.

The legislation allows for up to six private companies to be licensed to grow marijuana and manufacture oil. In addition, two universities could seek federal approval to start medical marijuana programs. Pharmacies would potentially be able to sell the drug, and a state oversight board would have the authority to allow private dispensaries.

House Bill 324 would make Georgia the 31st state to allow some form of marijuana cultivation. The governor is expected to sign the legislation.

Teacher raises

Governor Kemp delivered, in large part, on another one of his core campaign promises: teacher pay raises. Prior to the November 2018 election, Governor Kemp promised a $5,000 pay raise for every public school teacher.

He took the first step to keeping that promise when he released his budget in mid-January which included $491,624,884 in fiscal year 2020 to adjust the state base salary schedule to increase salaries for certified teachers and employees by $3,000.

After legislators from the House and Senate went to conference committee to hash out differences over the fiscal year 2020 budget, lawmakers approved a record $27.5 billion budget for the next fiscal year that includes a $3,000 pay raise for public school teachers and a two percent hike for tens of thousands of state workers.

Once the governor signs the bill into law, it will be one of the largest teacher pay raises in state history. While teachers did not get the entire $5,000 pay raise Governor Kemp campaigned on, he is pitching this initial increase as a precursor to future pay raises.

School safety

In addition to teacher pay raises, the budget includes almost $70 million dollars for school security grants. The money will be divided into one-time payments of $30,000 for each public school in the state to spend on security, however they see fit.

Notably, the General Assembly did outline additional duties for schools. Senate Bill 15 would require regular threat assessments, safety plan updates and drills in public schools.

Moreover, it would mandate and clarify coordination between state agencies, local authorities and schools.The bill, which is awaiting the governor’s signature, would allow state police to issue subpoenas without a court order, going through the Georgia attorney general. Phone companies, Internet services and other electronic communications providers would be prohibited from telling customers about the subpoena or any records shared.

Rural broadban

In an effort to address the lack of quality Internet access in rural Georgia, two bills passed this session to permit more companies to enter the Internet business. The first, Senate Bill 2, allows electric membership corporations to sell Internet service along with power. The second, Senate Bill 17, which passed just prior to the end of the session, allows telephone cooperatives to offer Internet services. Both await the governor’s signature.

Legislative leave reform

In the wake of an investigative report by the Atlanta Journal-Constitution and Channel 2 highlighting the use of legislative court privileges that allow for cases to be delayed in the event a lawmaker is fulfilling his or her public duties, House Speaker Ralston appointed a 12-person panel to study the issue. The panel was co-chaired by former House Republican Whip and current Dentons Georgia Government Affairs practice lead Edward Lindsey and former Democratic Representative Ronnie Mabra. The panel also included Representative Jon Burns (R-Newington) and Representative Bob Trammell (D-Luthersville).

The commission proposed giving judges explicit authority to approve or deny these requests in addition to providing opposing counsel and, in criminal cases, victims themselves, the chance to object to the request.

A bill to codify the recommendation passed nearly unanimously in both houses.

Rape kits

In a rare display of unity, not one member of the General Assembly voted against House Bill 282, which would require police to preserve evidence of rapes and similar crimes for up to 50 years. Current state law allows evidence of sexual assaults to be discarded after 10 years.

Under the legislation, evidence including stains, fluids and hair samples would be kept for 50 years if no arrest is made. If a suspect is arrested, evidence would be preserved for 30 years, or for seven years after a sentence is completed.


Georgia leads the United States in HIV rates for adults and adolescence at about 31.8 per 100,000 people according to the Centers for Disease Control and Prevention. The General Assembly agreed to two bills to address the crisis. The first would approve needle exchange programs, to help prevent new HIV and other infections among intravenous drug users. The second would set up a pilot program for distribution of a pill known as PrEP to people at high risk of HIV. The pill, whose name is short for pre-exposure prophylaxis, can lower one’s chances of getting the virus if taken daily.

Looking ahead

The Georgia legislature operates on a two-year legislative session. Thus, bills that did not pass this year can be resuscitated next session. There were several efforts that generated significant press coverage and interest from high-ranking public officials that did not, in the end, come to pass. Each of these efforts is likely to be reignited come January 2020.

Hartsfield-Jackson Airport

The battle over control of Hartsfield-Jackson Airport nearly came to a head this year, making it farther along the legislative gauntlet than any bill in previous legislative sessions. Senate Bill 131, which would have put Hartsfield-Jackson International Airport under state control, passed out of a Senate committee the last week of February. To the surprise of many, including the city of Atlanta and Delta Air Lines, both of which opposed the bill, SB 131 passed the full Senate prior to crossover.

Once it reached the House, opposition from Speaker Ralston (R-Blue Ridge) slowed the bill’s progress.

The House significantly amended the bill. They changed the airport language to create a state oversight committee instead of changing ownership, added a jet fuel tax exemption coveted by Delta and incorporated language from House Bill 511, which addresses rural transit.

That bill passed the House 104-70 but failed to move in the Senate. Throughout the process the Republican caucus in the Senate wanted stronger control of the airport, an outcome House leadership would not accept.

Interestingly, there are those in Atlanta who may have accepted a weak oversight committee rather than risk the issue coming up again next session, which it inevitably will. If there were to be more revelations of corruption at City Hall, it could add fuel to the fire and lead to a complete takeover come 2020.


A year after guiding House Bill 930, which consolidated transportation administration in the Atlanta metro area into one system under the newly established Atlanta Transit Link, Representative Kevin Tanner (R-Dawsonville) embarked on yet another ambitious transportation effort. House Bill 511 would divide the state, outside of metro Atlanta, into eight transit planning zones and permit counties to raise taxes for transportation construction and operation. The bill would also consolidate transit services into a single agency, the Georgia Department of Mobility and Innovation. Both the State Road and Tollway Authority and the Atlanta-Region Transit Link Authority would operate under the new agency. At present, six state agencies have separate transit functions.

Additionally, the bill would create the first ever dedicated state transportation funding mechanism by allocating state sales tax revenue from rides-for-hire to transportation investment.

After passing the House the bill failed to get out of the Senate Transportation Committee. As previously mentioned the language was then folded into Senate Bill 131, along with the revised airport oversight commission and a jet fuel tax break. After that did not win over the Senate leadership, the rural transportation language and the jet fuel tax were tacked onto Senate Bill 200, which was originally legislation to require the Department of Transportation to set up procedures to appeal rejected bids for contracts. That effort also failed.

In sum, after several attempts the new rural transit structure did not pass. However, it is likely to resurface next session as another mechanism to spur economic development outside of the 13 metro Atlanta counties.


There were several efforts to bring gambling to Georgia this session.

Senate Bill 45, dubbed the Rural Georgia Jobs and Growth Act, was approved by the Senate Committee on Economic Development and Tourism early in the session. The bill would permit up to three horse-racing tracks in Georgia and is paired with Senate Resolution 84, a constitutional amendment that would ask voters if betting on horse racing should be legal.

Additionally, a broader effort to permit gambling in the state, Senate Resolution 184 was sponsored by Senator Brandon Beach (R-21). The resolution would have put to voters the question of whether or not to permit casino gambling at destination resorts in Georgia.

In the end, a study committee was appointed to study the issue. According to House Resolution 367, a panel of 11 lawmakers—including most of Senate leadership—are expected to meet during the summer and fall to study the impact of horse racing and casino gambling in the state. For those who want to see legal gaming in the state, this is an encouraging sign. More often than not, if a study committee is assigned, viable legislation with significant support will result.

“By having the right people around the table and learning and being educated on the issue, I think we’ll make progress next year,” Senator Beach said.

For years, lawmakers have sought to expand gambling in Georgia. Unlike previous leaders, Governor Kemp, Lt. Governor Duncan and Speaker Ralston (R- Blue Ridge) did not specifically oppose the measure this year.

Electric scooters, bikes

Lawmakers approved House Bill 454 to regulate electric bikes but stopped short of increased regulation of electric scooters.

The bill originally included statewide regulations for electric scooters, but the language was ultimately stripped. Lawmakers have stated that talks will continue, with an eye toward a new bill next year. To facilitate that conversation, the State Senate approved Senate Resolution 479, which creates a committee to study scooter regulations. The committee will report back before next year’s legislative session. 

Streaming tax

Efforts to establish a tax on video streaming, e-books and music downloads failed to gain a floor vote amid opposition from both Governor Kemp and Lt. Governor Duncan.

Representative Bill Werkheiser (R-Glennville), with the support of House Rules Chairman Jay Powell (R-Camilla), introduced House Bill 428 to impose a four percent combined state and local tax rate on communications services other than direct broadcast satellite services and subscription streaming services. The bill was assigned to the House Ways and Means Committee.

The bill did not make it out of committee but the issue is expected to resurface.

Education scholarship accounts

Efforts to expand school choice were given a boost with the election of Lt. Governor Duncan, who firmly supports not only charter schools but also education scholarship accounts that permit parents to spend the state education money allocated to their child.

Senate Bill 173, the Georgia Educational Scholarship Act, passed out of the Senate Finance committee in early March by a vote of 9-3. The legislation would establish “education scholarship accounts” to transfer state dollars equal to the amount the state pays per student in a given district, to parents. The money could have gone to a private school instead, or to other educational costs, including textbooks, tutoring or therapy.

The Senate voted down Senate Bill 173.

After the Senate bill failed, moderated language was attached to House Bill 68 sponsored by Representative John Carson (R-Marietta). The adjusted language capped participation in the program to 2.5 percent of statewide enrollment and restricted access to certain at-risk student demographics.

Then, on Friday, the second to last day of the 2019 legislative session, the Senate Rules Committee reversed course, removing the SB 173 language from HB 68.

While expanded educational choice did not make it over the finish line this year, the support of Lt. Governor Duncan bodes well for future efforts.

Mental health

House Bill 514 was passed and would, upon approval by the governor, establish a state commission to analyze Georgia’s behavioral health services and recommend improvements.

The commission would be authorized to take ‘‘a very deep dive’’ into the state’s mental health system, said Representative Kevin Tanner (R-Dawsonville), lead sponsor of House Bill 514.

Emergency medical services

A bill to bring greater transparency to the provision of ambulance services in Georgia fell short. House Bill 264, sponsored by Representative Werkheiser (R-Glennville), would ban private providers from influencing contracting decisions, impose stricter reporting requirements and ensure that those who lobby EMS councils to register with the state ethics commission.

Two different versions of House Bill 264 passed the House and the Senate before ultimately going to conference committee. There the bill was altered to include regulations on tattoo artists and changes to campaign finance law. A consensus could not be reached. The issue has been tabled but will certainly reemerge in the 2020 session.

Freight and logistics

There were two efforts during the legislative session to create a commission to examine the state’s freight and logistics apparatus. Senator Brandon Beach (R-21) sponsored Senate Resolution 318, while Representative Kevin Tanner (R-Dawsonville) sponsored House Resolution 37. Both bills would have established the Georgia Commission on Freight and Logistics. Ultimately HR 37 passed both chambers and will, upon the governor’s signature, become law and create the commission.

The Georgia Commission on Freight and Logistics will be comprised of three members of the House and three members of the Senate as well as four freight and logistics industry professionals and four mayors or county commissioners. The commissioner of the Georgia Department of Transportation and the executive director of the Georgia Ports Authority would serve as ex-officio members.

The commission will study and recommend public policy changes concerning freight and logistics in Georgia. It will issue its report by December 31, 2019.

Along with Chairman Tanner, co-signers on the legislation include Appropriations Chairman Terry England (R-Auburn), Representative Brian Prince (D-Augusta), Representative Brett Harrell (R-Snellville) and Representative Vance Smith (R-Pine Mountain).


All in all, the 2019 legislative session featured a few bipartisan successes—teacher pay raises and sexual assault evidence preservation—but was, for the most part, consumed by highly controversial partisan battles, including abortion and voting rights. Going into 2020, expect Republicans to shy away from similarly divisive legislation in an effort to protect suburban members while pushing forward on transportation, mental health and school choice. Finally, keep an eye on two wild cards: gambling and marijuana. Will the state consider additional changes to marijuana laws and permit gambling or will social conservatives continue to halt such efforts? Tune in January 2020 to find out.

Newly elected state AGs outline enforcement priorities

Eighteen new state attorneys general will take office in 2019. There will be new AGs in Alaska, Colorado, Connecticut, Delaware, Florida, Hawai`i, Illinois, Maine, Michigan, Minnesota, Missouri, Nevada, New York, Ohio, Rhode Island, South Dakota, Wisconsin and Wyoming. Politically speaking, the impact of the 2018 midterm elections on the AG landscape was decidedly mixed, with Democrats flipping four AG seats previously held by Republicans, and the GOP maintaining their strongholds in Florida and Ohio. Overall, the midterms shifted the balance of state AG seats nationwide to a Democratic majority. Democrats now occupy 27 AG seats (including in Washington, DC) and Republicans, 24.

Companies should be aware that the newly elected AGs are expected to be as aggressive, or more so, than their predecessors. In Connecticut, for example, AG William Tong is succeeding AG George Jepsen, who led some of the largest bipartisan multistate investigations, including into opioid manufacturing and distribution, alleged price fixing in the generic drug market, and data privacy issues. Tong has signaled his intention to continue with these efforts, recently declaring: “I’ve always been activist in the legislature and I’m going to be activist as an attorney general because that’s what you need right now.”[

Other new AGs have started identifying their enforcement priorities. Some newly elected Democratic AGs have announced plans to investigate President Trump’s various business organizations. Others are targeting the administration’s policies. Illinois AG Kwame Raoul is challenging a recent ruling by a federal judge in Texas striking down the Affordable Care Act[, while Nevada AG Aaron Ford has indicated that he will reverse the course set by his predecessor, Republican Adam Laxalt, a staunch opponent of the ACA.

In Colorado, AG Phil Weiser, a Democrat, has outlined his intention to join a lawsuit against opioid manufacturers for allegedly misleading users as to the drugs’ addictive qualities, defend against federal overreach Colorado’s right to decide how it legislates and manages marijuana use, and protect consumers against financial scams. Minnesota AG Keith Ellison, a former Democratic congressman from the state’s 5th District, has pledged to address drug-pricing issues and allegations of anti-competitive activity in the nation’s agricultural sector. “We want to stand with Minnesotans against the big entities in this world as you are trying to make a go in this economy,” he recently told his constituents. “The middle class, I believe, is hanging on barely, and I think the attorney general ought to stand up against the fraudsters, against the monopolies, against these folks who would make your life so much more difficult to afford.”

New elected Republican AGs, for their part, are expected to continue their party’s stalwart defense of the Trump administration through the filing of amicus briefs in high-profile lawsuits challenging his executive orders and final agency actions. But they will also ramp up state enforcement actions in certain areas. For example, Ohio Republican AG Ted Yost is expected to continue his scrutiny of pharmacy benefit managers (PBMs), an industry that he focused on during his time as Ohio State Auditor.

State attorneys general will continue to combine their resources in an ever-growing number of multistate and multi-defendant investigations and civil and criminal enforcement actions, raising the stakes for both individual companies and entire industries. In addition to the issues the AGs campaigned on in the midterm elections, there’s no telling what new issues they will involve themselves in, given the unpredictability of the Trump administration. More relevant to assessing and addressing a business’s regulatory risks is understanding the scope of a particular AG’s authority, its level of activity and the political dynamics framing its choices.

Everything you need to know Georgia’s elections

Dentons’ Georgia public policy team delves into the data to give you an exhaustive look at how the 2018 midterms played out across the Peach State.


As of this writing neither candidates for governor of Georgia has officially been declared victorious but Republican Brian Kemp holds a narrow lead. Republican Brian Kemp has received 1,972,951 votes (50.33 percent) and Democrat Stacey Abrams has received 1,909,726 votes (48.72 percent). The third party Libertarian candidate Ted Metz received 37,081 votes (0.95%).

While Kemp has claimed victory, Abrams has yet to provide any indication that she will concede at this point in the voting counting process. In a statement provided to CNN, her campaign cited several specific reasons, including that three of the state’s largest counties “have reported only a portion of the votes that were submitted by early mail” and four other large counties “have reported exactly 0 votes by mail.” Together, the seven counties “are expected to return a minimum of 77,000 ballots,” according to the campaign.

For Abrams to push this race to a runoff she would have to pick up approximately 50,000 of the remaining 77,000 outstanding ballots she claims exist. According to the Abrams campaign the majority of outstanding mail-in ballots are in three metro Atlanta counties—Cobb, DeKalb and Gwinnett, all areas of strong Democratic support. Therefore, reaching a runoff would require a significant post-election day boost but given the political lean of the outstanding counties, while it remains statistically unlikely, an extended campaign season is not completely outside the realm of possibility.

Regardless of whether this race ends with a Kemp victory or continues on to a December 4th runoff, the historic turnout highlights the effectiveness of both sides’ base-directed campaign strategies. Turnout is reaching presidential levels, with 3.9 million votes counted in the races thus far—only 100,000 votes short of the 2016 presidential election total of 4 million votes. Abrams has already received more votes than Hillary Clinton did in 2016 by approximately 20,000 but Kemp remains in the lead.

Governor Nathan Deal won by 8 percent in 2014 and Trump won by 5 percent in 2016. Kemp, however, is only leading by 1.8 percent in what is widely seen as a solidly Republican state. Demographic changes, polarization and strong leadership have all contributed to returning Democrats to relevance in statewide Georgia politics.

Although, at the present moment, Abrams appears to have come up short there are three main factors worthy of analysis which led to her surge and Kemp’s equally significant counterattack. First, Gwinnett and Cobb Counties both continued their leftward trends witnessed in recent elections. Second, historic turnout in Fulton County. And third, overwhelming rural dominance by Kemp and the activation of the Trump coalition.

The maps above, from right to left, show results from the current (2018) election for governor, the 2016 presidential election and the 2014 midterm election for governor. In 2014, Democrat Jason Carter faced off against Republican Governor Deal. In 2016 Clinton ran against Trump and, of course, this year Abrams and Kemp are vying to become Georgia’s next executive.

Abrams, from the beginning, was intent on boosting turnout and riding diversifying demographics and a ballooning urban population in and around the City of Atlanta—and she succeeded in achieving that goal. Fulton County, long a Democratic stronghold that voted 63 percent in favor of Carter and 69 percent for Clinton came in at 72 percent for Abrams. In percentage terms alone the continuing liberalization of the county is clear. In four years, from 2014 to 2018, statewide Democratic candidates increased their vote share by 9 percent.

However, increasing the Democratic vote percentage was not alone going to make this a competitive race. Abrams not only received a higher percentage of votes but she also increased the number of votes themselves. In Fulton County, she received 6,503 more votes than Hillary Clinton received in Fulton in a presidential year, which historically have a higher turnout. Moreover, Abrams added to Carter’s total Fulton County vote count by 137,464 votes, a 183 percent increase.

The same trend holds in suburban Atlanta. Four years ago Governor Deal won both Gwinnett and Cobb Counties, netting 54 and 56 percent of the vote, respectively. Two years later Clinton carried Gwinnett with 51 percent of the vote and won a plurality of votes in Cobb with 48.9 percent. Yesterday, Abrams expanded Democratic leads in both counties, winning 56 percent of the vote in Gwinnett and 54 percent of the vote in Cobb.

However, as the graphics above reveal, as in Fulton County, the Abrams victory isn’t defined by a 13 percentage point increase since 2014 but rather a massive Democratic turnout. Abrams received more votes in both Gwinnett and Cobb than Hillary Clinton. Moreover, she expanded Carter’s vote tally by about 200 percent in Gwinnett and 190 percent in Cobb, adding 85,938 votes and 79,437 votes to his totals in the respective counties.

The substantial increase in new Democratic voters from 2014 to 2016 is exactly what the Abrams camp sought and the onslaught of Democratic voters could only be answered by an equal, presidential-level turnout in rural, Republican Georgia, which the Kemp campaign delivered. Kemp was so effective in building a rural ground campaign and tying himself to President Trump that he witnessed only a slight turnout drop-off from Trump’s 2016 victory.

In many rural parts of Georgia, Kemp vastly outperformed Deal in terms of vote count. In fact, he nearly kept pace with Trump in terms of votes per county, surely benefiting greatly from two visits from Vice President Pence and an appearance by Trump himself at a get-out-the vote rally. Just as Abrams added massively to Carter’s turnout, Kemp did the same in comparison to Deal’s, increasing the term-limited incumbent’s vote total in Walker County, for instance, by more than 200 percent and by approximately 150 percent in each of the other five counties we examined.

Moreover, Kemp improved on President Trump’s performance and won four key counties—Burke, Washington, Baker and Early—the first two of which narrowly voted for Hillary in 2014.

In sum, both candidates turned out their base at presidential-election levels and consolidated support in key partisan areas. Should his lead hold up, Kemp will have withstood a formidable metropolitan blue wave thanks to the unwavering support of Trump country.


Lieutenant Governor
Geoff Duncan defeated Sarah Riggs Amico with 52 percent of the vote. Amico suffered a substantial drop-off from the top of the ticket, while Duncan remained neck-and-neck with Kemp throughout the night. Amico, as of this writing, received 94,430 fewer votes than Abrams while Duncan only lagged 27,073 votes behind Kemp.

Secretary of State
After neither candidate broke 50 percent of the vote, the race for secretary of state is expected to go to a runoff. Republican Brad Raffensperger received 49 percent, John Barrow received 48 percent and Smythe Duval received 2 percent. Duval netted 48,491 more votes than his libertarian counterpart in the governor’s race. Also of note, Barrow received 62,514 more votes than Sarah Riggs Amico, despite showing up lower on the ballot.

Attorney General
Republican Chris Carr defeated Democrat Charlie Bailey with 52 percent of the vote. Carr received 1,965,061 votes—more than the total cast for Brian Kemp.

Georgia Public Service Commission
Incumbent Republican Tricia Pridemore has seemingly defeated Democrat Dawn Randolph for the PSC seat in District 5, however the race has yet to be formally called. Republican Chuck Eaton appears destined for a runoff with Democrat Lindy Miller. That race currently stands at 49.89 percent for Eaton to Miller’s 47.45 percent. The two are separated by just 93,436 votes.

Top vote-getter
Republican State School Superintendent Richard Woods beat Democrat Otha Thornton with 2,034,151 votes, or 53 percent of total votes cast. Woods received the most votes out of any candidate on Tuesday’s ballot. Agriculture Commissioner Gary Black, GOP incumbent, was close behind with 2,026,207 votes, or 53 percent, in his race against Democrat Fred Swann.

Fifty-three percent is the high-water mark for statewide Republicans in this election. In 2014, Republican Doug Everett, a Republican incumbent on the PSC, raked in 68 percent of the statewide vote.

US Congress

Both of the competitive US House of Representative races are in the suburban Atlanta counties that came out strongly for Abrams. As such, both the race in Georgia’s 6th and 7th congressional districts remain extremely close. At the moment incumbent Republican Rob Woodall leads Democrat Carolyn Bourdeaux, 50.59 to 49.41 percent, with a vote difference of 3,184. Bordeaux has not conceded the race.

In the 6th congressional district, Democrat Lucy McBath leads incumbent Republican Karen Handel 50.45 percent to 49.55 percent. Only 2,872 votes separate the two women. Handel, like Abrams and Bordeaux, has not conceded the race. In order to demand a recount the trailing candidate must be within 1 percentage point. At the present, Handel is within that window.

Georgia State Legislature

While democratic enthusiasm may not have materialized statewide to loosen the Republican grip on statewide offices, the Democratic enthusiasm in suburban Metro Atlanta created a significant blue undertow, leading to a net gain of eleven seats in the Georgia House and two seats in the Georgia Senate. This is a substantial result for Georgia Democrats, who knocked off several entrenched Republicans and, in some cases, convincingly defended seats many thought were in play. All of the races that flipped from Republican to Democrat, shown below, were in the suburbs of Atlanta. Democrats now hold 21 out of 56 seats in the state Senate and 75 out of 180 seats in the state House.

Races of note:

  • Jen Jordan, an incumbent Democrat in Senate District 6, which includes parts of Smyrna and Sandy Springs, handily beat back a well-funded challenge from Leah Aldridge.
  • Incumbent Republican Fran Millar, representative for Senate District 40, which is mostly in North DeKalb County, lost by ten percentage points to Democrat Sally Harrell
  • Sam Teasly a Republican incumbent in House District 37, central Cobb County, is currently losing by 145 votes to Democratic challenger Mary Williams.
  • In one of the more surprising upsets, Betty Price the Republican incumbent from House District 48 in North Fulton county, is currently losing to Democratic challenger Mary Robichaux by 121 votes.
  • Democrat Matthew Wilson defeated Republican incumbent Meagan Hanson to return House District 80 to Democratic control.
  • Gwinnett County witnessed the greatest partisan turnover of any state house delegation. Five former republican House seats (HD 95, HD 105, HD 105, HD 107, HD 108) and one Senate seat (SD 48), previously held by former State Sen. David Shafer, are now in Democratic hands.
  • Democratic incumbents Deborah Gonzalez and Jonathan Wallace were defeated in House Districts 117 and 119 in Clarke and Oconee Counties

Across the board the suburbs played an instrumental role in increasing Democratic influence under the Gold Dome, however, Republicans remain firmly in power.

Ballot Initiatives

Amendment 1: Creates the Georgia Outdoor Stewardship Trust Fund: Approved
Amendment 2: Creates a statewide business court: Approved
Amendment 3: Redefines, reclassifies Forest Land Conservation and Timberland: Approved
Amendment 4: Adds rights for crime victims to state constitution: Approved
Amendment 5: Changes rules for calling a county education sales tax referendum: Approved
Statewide Referendum A, homestead exemption for certain cities: Approved
Statewide Referendum B, tax exemption for certain homes for mentally ill: Approved