I’m sure “serving” Governor Kemp makes for good campaign video, but the legal basis for this is deeply flawed.

If you want to be in line with the Georgia Constitution and statutory law, I’d suggest you ask Kemp for the affidavits back, and give them to Secretary Raffensperger instead.

For more detail, see my comments to Kandiss below.

From David Jose – 2:44 PM MT

Louis DeBroux

he said he’s precise in language, tells one of the people to follow statute!

But no, the governor can’t just “get an audit” of absentee ballots because, AGAIN, elections in Georgia do NOT fall under his constitutional jurisdiction. The only state officer legally able to initiate an audit of the ballots is the Secretary of State. The governor could file a lawsuit as a private citizen, or write an amicus brief to submit to an existing lawsuit, but he can NOT, under his own power, initiate an audit.

You seem not to be aware that Governor Kemp has publicly called for Raffensperger to submit the ballots for inspection on multiple occasions, including press conferences and press releases on November 20th, November 23rd, and December 5th. Raffensperger has not only not listened, he has refused similar entreaties from GAGOP Chairman David Shafer, members of the Georgia delegation to Congress, then-sitting U.S. Senators David Perdue and Kelly Loeffler, and countless thousands of concerned Georgians, not to mention the President of the United States.

You say that you have “served” affidavits to Raffensperger as well, which is good. At least you actually “served” (though that is a gimmicky term to use, since they contained no force of law) the right person. So why don’t you focus your efforts there instead? If this is not about your campaign, then why post that video of you “serving” Kemp at all? Did you post a video where you “served” Raffensperger? Maybe I missed that one.

The governor is the titular “head of the state”, but that does not give him plenary power over every aspect of government, any more than Raffensperger could go in and initiate or demand an investigation into, say, something going on in the Department of Revenue.

So again, yes, the governor, as a general rule, can call special sessions of the legislature, but he can NOT call a special session of the legislature to interfere in those powers which our state constitution delegates to the Secretary of State. Nor can he initiate an audit or an investigation into absentee ballots under his own authority, which would constitute a usurpation of authority of another constitutional officer. The “will of the people” is still subject the limitations of the constitution. That’s how it works in our republic.

If you want to be governor, you’ll need to understand our Constitution and legal principles like the separation of powers doctrine.

Last I checked, this is a free country, and I can post what I want that is truthful. You may not like it, and I’m not here to please everyone. Securing our elections is number one.

Now you are saying you “won’t state again why he was served”. Interesting, since you have publicly stated that the purpose of the service of affidavits was to demand the Governor initiate a forensic audit. Are you now saying that was NOT the purpose of “serving” him? If that was the purpose, and you knew all of what I stated above, then you must admit this was nothing more than a campaign gimmick.

And if you are fully aware of everything I’ve said, then it means you can’t claim ignorance, and therefore you have intentionally misrepresented the law, the facts, and the situation in general.

As for me, I have been engaged in things that will ACTUALLY address the issues regarding fraudulent ballots. I’ve actually been in discussions with people directly involved in the ongoing legal efforts to force Raffensperger to present the ballots for inspection, a course of action which would ACTUALLY help us resolve the problem of the fraud we know occurred. I’ve actually had several conversations with Raffensperger myself over my concerns with the absentee ballots. It may not get public attaboys, but it’s what gets the problem fixed.

I have no problem with you or anyone else criticizing the governor, or any other elected official, when they fail to fulfill their duties. But these demands for an audit, at least those directed to the governor, are either ignorance nonsense or campaign gimmickry. Either way, I’m not impressed, and it isn’t helping solve the problems facing Georgians.

But as you noted, you are free to keep doing these things, as unhelpful as they are.

You are spouting bumper sticker nonsense, and any American citizen should be embarrassed at having such a flimsy knowledge of basic civics.

And her being a woman has nothing to do with it. She wants to be the governor of the nation’s 8th most populous state, but she can’t handle ME? If not, then maybe being governor is too heavy a lift. And are you saying that I should go easy because she is a woman? Is that your way of saying that women are not as strong or as intelligent as men? You see, I think women are just as strong as men, so I don’t hold them to a lower standard like you apparently do.

I have also read the Georgia Constitution, multiple times, and unlike you, I actually UNDERSTAND it. If you had bothered to read the whole thing, you’d see that Article I, Section II, Paragraph 2 ends with the words “and at all times they have the right to alter or reform the same whenever the public good may require it.”

Get that? “ALTER OR REFORM”. To alter or reform requires going through an established PROCESS, not just jumping and doing stuff every time the uninformed get worked up. The way to “alter or reform” is through the amendment process, but until such time as that occurs, our elected representatives are bound by existing law, and if the people want to change that law, then they have to go through the amendment process. Get it?

It is truly unbelievable that you are a grown man and can’t grasp what every 8th grader should know about civics. I am embarrassed for you.

But whatever. Contrary to David’s claim that I am “scared”, I’ve wasted several hours now trying to get this group to understand the basics of our Constitution that should be understood by every American over age fifteen. It genuinely makes me sad to see such profound ignorance from people calling themselves conservatives and patriots.

Hosea 4:6.

I’m out. There is nothing left to be gained from engaging with people determined to remain ignorant.

The Georgia Constitution requires a 3/5ths majority of both houses of the General Assembly to amend the purpose of the special session, and though Republicans had just over 60% control of the Senate, they fell just short of that margin in the House, and only a fool would believe any Democrats would join the Republicans in retroactively changing the law in such a way that would have given Republicans a victory.

Even if they had, this would still be a violation of federal law, and the courts would have thrown out the change as unconstitutional.

Again, please take time to learn the law. It would make these discussions far more productive.

Yes, the power can be withdrawn by the people, but ONLY through the established process. Having random people shout demands and “serve” the governor “affidavits” is just a clown show. It is meaningless. It is political theater.

For the record, I fully support a forensic audit, and I have been working behind the scenes with those involved in trying to force that through legal channels. We are actually much closer than you night expect. In case you haven’t heard, Judge Brian Amero last week ruled that Raffensperger must present the ballots for inspection. Raffensperger has hired a private law firm to contest the judge’s order, so now that ruling will be appealed. But THIS is how you get the audit… NOT by posting meaningless stunts.

I guess the Constitution of Georgia isn’t the highest law of the land…statutes or laws are higher? Um that’s a negative

So let me try one last time. Here is the hierarchy of law:

Natural (or God-given) law – precedes government

U.S. Constitution

Georgia Constitution

Georgia statutes

Regulatory statute

Contrary to your misinformed statement above, statutes don’t “expand the God given established rights of the Constitution”, they are acts of legislative bodies that restrict or govern various behaviors, whether of elected officials, or of citizens. This is done by consent.

I seriously can’t believe that I am having to explain this to someone running for the highest office in the state.

You are being very judgmental and critical of me. There’s nothing I have stated that is not in line with my freedom, my rights, and my Constitution.

I am a Patriot, tax paying citizen, resident of Georgia (born and lived here all my life), of age to serve, and I understand how our government was established and the role it plays in our lives.

It is not complicated. It is not complex or controlling. Power and money hungry people have made it into something it is not. You have bought into that.

Simple. Easy. Oversight NOT overreach.

I’m one of the people. The people want someone like me. They are done with political games and nonsense. You can join us or keep playing

As Justice Scalia famously and astutely noted, the Constitution “says what it says and doesn’t say what it doesn’t say.”

Y’all have been spouting bumper sticker platitudes based on what you WANT, rather than what IS. And then you claim I am “attacking” “patriots” when I repeatedly point out the error. And poor David can’t even figure out what I am saying even when it is right here in black and white for him to read over and over again until he gets it correct (if he comprehended what I’d written, he would understand that I never told you to follow statute over the Constitution, or natural law).

All of this started because I tried to explain to you that your “serving” Kemp with an “affidavit” demanding a forensic audit was meaningless, and either rooted in ignorance, or a political stunt.

So I don’t need, nor want, your forgiveness, since I’ve done nothing here that needs forgiveness. If anything, I’d simply prefer you educate yourself on the Constitution.

I wish you the best as well.

(End of Recorded Exchange)

Kandiss Taylor and Josh Barnett, with David Jose participating via the live chat feature, broadcast a YouTube live video which, in part, referenced the above discussion, but they were not honest enough to refer to Louis DeBroux by name; they just doubled down in their knuckleheadedness in promotion of their affidavit scam.