Appeals court rules ballot postage isn't a poll tax in Georgia
ATLANTA — A federal appeals court has upheld requiring Georgia voters to pay postage when mailing absentee ballots, saying claims that the cost amounts to a poll tax "border on the frivolous."
The ruling by a three-judge panel of the 11th Circuit Court of Appeals on Friday affirmed a lower court's decision dismissing the case.
"We hold that the fact that absentee voters in Georgia who decide to vote by mail must pay their own postage is not a 'tax' or unconstitutional fee on voting," according to the 15-page decision written by Circuit Judge Elizabeth Branch.
The lawsuit by Black Voters Matter Fund and the American Civil Liberties Union had alleged that charging voters for stamps violated the 24th Amendment of the U.S. Constitution, which prohibits limits on voting rights based on failure to pay a tax. The plaintiffs wanted the government to provide prepaid postage for absentee ballots.
The 11th Circuit said the plaintiffs' theory "simply does not hold water."
"Georgia voters, without paying any kind of money, have the option to vote in person, bring their absentee ballot to the county election office, or drop their ballot in a county drop box," according to the ruling.
The 58-cent cost of a First Class stamp isn't a tax, according the court. Instead, the cost is the price of a service for mail delivery from the U.S. Postal Service.
—The Atlanta Journal-Constitution
Climate groups' ad campaign targets 6 battleground Republicans
WASHINGTON – Two groups pushing for action against climate change are launching a nearly $1 million ad campaign Tuesday that tries to use wildfires and extreme weather to persuade moderate voters to reject a handful of battleground Republicans in California and Florida.
The campaign from Climate Power and the League of Conservation Voters is aimed at a handful of House districts that flipped from Democrat to Republican in 2020. The messages, shared first with CQ Roll Call, target moderate voters who the groups think can be persuaded to flip the seats back.
“We know that the public is seeing the impact of the climate crisis here and now,” said Matt Gravatt, Climate Power’s managing director for campaigns and politics. “In these districts, they are seeing extreme heat, drought, wildfires. This is an issue that is front-of-mind. They are living through it every day.”
Climate Power is a strategic communications and paid media operation founded by the Center for American Progress Action Fund, League of Conservation Voters and Sierra Club.
The investment comes as Democrats are trying to line up public support for trillions of dollars in federal spending that they say will include the most significant climate action in the country’s history. Proposals to drastically reduce greenhouse gas emissions are in the Senate-passed bipartisan infrastructure bill and a package lawmakers will begin drafting next week to spend as much as $3.5 trillion on Biden priorities.
—CQ-Roll Call
All national forests in California closed to visitors due to fires
SACRAMENTO, Calif. — With fires raging across the state, the USDA Forest Service is closing all 20 million acres of California’s national forests to public access for two weeks beginning Tuesday.
In an announcement Monday, the Forest Service said the closure will extend through at least Sept. 17.
“I have made the difficult decision to temporarily close all (California) National Forests in order to better provide public and firefighter safety due to extreme fire conditions throughout the state, and strained firefighting resources throughout the country,” California’s regional forester, Jennifer M. Eberlien, said in a notice to employees obtained by The Sacramento Bee.
This closure starts at noon Tuesday.
Those caught entering Forest Service lands — including developed campgrounds, hiking trails and recreation sites — face fines of up to $5,000 for violating the order.
The announcement extends a closure that was already in place for the Forest Service’s nine national forests in Northern California.
That closure began on Aug. 23 and was set to expire after the Labor Day weekend.
—The Sacramento Bee
Feds: No death penalty for San Diego-area synagogue shooter
SAN DIEGO — The man charged in the hate crime attack at a Poway synagogue that killed one woman and injured three others will not face the death penalty in federal court, prosecutors said Monday.
In a terse one-sentence court filing, prosecutors with the Department of Justice said they will not seek the execution of John T. Earnest, 22, of Rancho Peñasquitos, in connection with federal charges filed in the wake of the April 27, 2019, attack on the Chabad of Poway synagogue.
The court filing means Earnest will not face the death penalty in either federal or state court. He pleaded guilty to state charges of murder and attempted murder on July 20 in a plea bargain where San Diego District Attorney Summer Stephan agreed not to seek state execution.
Under the terms of that deal Earnest will be sentenced to life without possibility of parole, as well as 121 years to life and another 16-year term. He is scheduled to be sentenced in San Diego Superior Court on Sept. 30.
Meanwhile, the status of his federal case is unclear. In June, Earnest signed off on a conditional agreement to plead guilty in the federal case, one which was then forwarded to U.S. Attorney General Merrick Garland. The terms of the deal were not revealed.
Garland has the option of accepting the deal, which would eliminate the need for a trial. Other options include rejecting the offered deal and negotiating a new one, or rejecting it entirely and heading to trial.
A defense lawyer for Earnest did not immediately respond to a message Monday seeking comment on the status of the federal case.
—The San Diego Union-Tribune
