ICYMI: Georgia Secretary of State Investigates Pro-Herschel Walker Group For Alleged Election Law Violations

Last night, multiple reports confirmed that pro-Herschel Walker super PAC 34N22 is under investigation by the Georgia Secretary of State for alleged election law violations. Over the past four months, the PAC has hosted six events, giving away gas or groceries in an effort to sway voters to vote for the Republican nominee for U.S. Senate. Giving away money or gifts for the purpose of swaying voters to vote for a particular candidate is a felony in the state of Georgia.

“This is the latest desperate attempt from Herschel Walker and his allies to gather support for a candidate who refuses to face up to his pattern of lies and history of violent behavior,” said Dan Gottlieb, spokesman for the Democratic Party of Georgia.

Read more below: 

Atlanta News First: State investigating Hershel Walker Super PAC around gas, food voucher giveaways

By Patrick Quinn – October 21, 2022

• On Friday, the Secretary of State’s office confirmed it has opened an investigation into 34N22, a pro-Herschel Walker Super PAC.
  
• A spokesperson for the Secretary of State’s office could not elaborate on the details of the investigation, but Atlanta News First has learned that it surrounds potential election law violations from a series of pro-Walker events.

• From June to September, 34N22 hosted six events in which they handed out gas and food vouchers at gas stations and grocery stores.

• According to correspondence acquired by Atlanta News First between a Secretary of State investigator and the law firm represented 34N22, those events took place in the Georgia cities of Atlanta, Macon, Savannah, Jefferson, Preston, and Washington.

• State Code, OCGA 21-2-570, states:

• “Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony.”

• As part of its response to state questions, the attorney representing 34N22 argued that no violations occurred because vouchers were not contingent on a promise of a Walker vote.

• “34N22 did not directly or indirectly condition the distribution of vouchers on any recipient’s agreement to register to vote, to vote for or against any particular candidate, or to vote at all,” wrote Carolyn “Tippi” Cain Burch with The Burch Firm, LLC.

• Burch went on to write, “a recipient’s actual, stated or perceived voter registration status, political party affiliation, voting decisions, or candidate preferences in no way affected his or her eligibility for a voucher.”

• Constitutional law professor Anthony Michael Kreis told Atlanta News First the super PAC toed the line of legality.
  
• “We’re operating in a gray area where it’s not really a quid-pro-quo, but it’s certainly a wink and a nod. Vote for Hershel and you’ll get this voucher,” said Kreis, in an interview with Atlanta News First on Friday.

• “So I think there’s a case to be made that this is illegal under Georgia law, but there’s also a case to be made that it’s not,” Kreis continued.

• This investigation comes just months after the state legislature passed SB-202, which among other things, restricts anyone from handing out water or food within 150 feet of a polling place.

• While none of the events in question occurred at a polling site, Kreis contends that rules in SB-202 could challenge the legality of the super PAC’s actions.

• “It really would be quite inconsistent to say that you can’t charitably give somebody food or water without any mention of a candidate, any mention of a political party, but you can be a political PAC and actively electioneering for a candidate and giving out gifts. So, there’s a real consistency problem here if it’s not illegal under Georgia state law,” said Kreis.

• In a media advisory ahead of a June gas voucher giveaway in Atlanta, a representative for 34N22 wrote,

• “On Saturday, any Atlanta customer who pulls up to the gas station will receive a $25 gas voucher for free gas as well as literature about the upcoming U.S. Senate race. 34N22 will be giving away $4,000 worth of gas until voucher supplies run out. Grassroots supporters for Herschel Walker will also be on hand, and a 34N22 surrogate will be available for interviews,” read the press release, sent to Atlanta News First, formerly known as CBS46.

• A spokesperson for the Secretary of State’s office said a ruling could come at any time and is not guaranteed before the November 8 election.

11Alive: Secretary of State investigating pro-Herschel Walker group that gave out gas, grocery vouchers

By Nick Wooten – October 21, 2022

• The Georgia Secretary of State’s Office is investigating 34N22, a pro-Herschel Walker Super PAC that has given gas and grocery vouchers to residents across the state, an agency spokesperson confirmed to 11Alive. 

• Secretary of State spokesperson Robert Sinners declined to comment on the allegations made in complaints that triggered the investigation against 34N22. The agency also declined to discuss the scope of the probe because it is ongoing. 
• A source close to the investigation told 11Alive that it is related to the group’s gas and grocery voucher giveaways. The matter will come before the State Elections Board once the Secretary of State’s Office completes its investigation.
  
• Under federal election law, Super PACs exist as independent organizations and cannot directly donate to federal candidates or parties.
  
• The probe comes months after Democrats and voting rights groups questioned the legality of the Super PAC’s gas voucher events in Atlanta. Representatives for 34N22 said earlier this year that the giveaways are legal because the recipients are given the vouchers without conditions. They are not required to be registered voters, and they do not have to vote for Walker.
  
• Some outlets have reported that the giveaways appeared to be legal.

• Carolyn “Tippi” Cain Burch, a Columbus attorney representing 34N22, made the same arguments about the group’s voucher giveaways in a letter sent to an investigator with the Secretary of State’s Office in September.

• The organization also turned over documents and responded to questions from the Secretary of State’s Office, according to documents provided to 11Alive.

• “34N22 did not directly or indirectly condition the distribution of vouchers on any recipient’s agreement to register to vote, to vote for or against any particular candidate, or to vote at all,” Burch wrote. “No recipient was asked about his or her voter registration status, political party affiliation or candidate preferences prior or subsequent to the issuance of a voucher; and a recipient’s actual, stated or perceived voter registration status, political party affiliation, voting decisions, or candidate preferences in no way affected his or her eligibility for a voucher.”
  
• Anthony Kreis, a professor at Georgia State University’s College of Law who specializes in constitutional law and American political development, told 11Alive that 34N22 could be operating in a “gray area.”
  
• Georgia’s law around giveaways could be more restrictive than federal law, Kreis said. Under state law,  “any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony.”

• “The language here is much more loose,” he said of Georgia’s law. “I think that’s dancing very close. …It all depends on what you think the purpose of voting is. It seems much broader.”

• In response to the investigation, 34N22 spokesperson Stephen Lawson said Democrats were “attacking” the organization.
  
• “The Democrats are attacking us because Raphael Warnock is losing and they want to distract from his disastrous record of voting with Joe Biden 96 percent of the time to cause record inflation,” he said. “Instead of preventing us from helping struggling Georgians get free gas and groceries, maybe Raphael Warnock and his allies should spend their time putting forward a solution to the crisis he created.”

• Early voting in Georgia’s Senate race began Oct. 17. Warnock narrowly leads Walker, 49.8 to 48.6, according to polling averages from FiveThirtyEight, a website that focuses on politics and opinion poll analysis.

• 11Alive’s exclusive poll conducted by SurveyUSA from Sept. 30 to Oct. 4 displayed Warnock with a wider lead over his challenger Walker.

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