The Kraken Released: Procedures in Georgia for Handling Absentee Ballots Changed Without Legislature Approval in Violation of Law

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In much anticipated court filings, attorney Sidney Powell, lays out allegations of massive and vast election fraud that took place throughout the United States using easily manipulated voter software.

In a series titled “The Kraken Released,” (Named after Powell’s assertion that through this lawsuit she would be “releasing the Kraken,” a mythical creature of immense size and consequence) ITN is analyzing the court filings page by page and detailing the allegations and the relief sought by Powell in the states of Georgia and Michigan.

Powell’s Georgia lawsuit alleges state procedures for handling absentee ballots were changed nearly unilaterally by Secretary of State Brad Raffensperger. The power to change such procedures rests solely with the state legislature and thus any changes made without the legislature’s approval are illegal.

From pp. 22-23 of the Georgia court filing:

Notwithstanding the clarity of the applicable statutes and the constitutional authority for the Georgia Legislature’s actions, on March 6, 2020, the Secretary of State of the State of Georgia, Secretary Raffensperger, and the State Election Board, who administer the state elections (the “Administrators”) entered into a “Compromise and Settlement Agreement and Release” (the “Litigation Settlement”) with the Democratic Party of Georgia, Inc., the Democrat Senatorial Campaign Committee, and the Democratic Congressional Campaign Committee (collectively, the “Democrat Party Agencies”), setting forth different standards to be followed by the clerks and registrars in processing absentee ballots in the State of Georgia8.

Under the Settlement, however, the Administrators agreed to change the statutorily prescribed manner of handling absentee ballots in a manner that is not consistent with the laws promulgated by the Georgia Legislature for elections in this state.

The Settlement provides that the Secretary of State would issue an “Official Election Bulletin” to county Administrators overriding the statutory procedures prescribed for those officials. That power, however, does not belong to the Secretary of State under the United States Constitution.

The Settlement also changed the signature requirement reducing it to a broad process with discretion, rather than enforcement of the signature requirement as statutorily required under O.C.G.A. 21-2-386(a)(l).

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