Brian Kemp

As evidence mounted that Russian hackers were attempting to disrupt the 2016 elections, President Obama directed Homeland Security Secretary Jeh Johnson to work with states to secure their voting systems as "critical infrastructure." Kemp was the only state election official to decline the help from Jeh Johnson.[29] In a 2017 interview, he denounced the effort as an assault on states' rights, saying, "I think it was a politically calculated move by the previous administration" and "I don't necessarily believe" Russia had attempted to disrupt the elections.[30][31] In August 2016, amid Russian attempts to disrupt the 2016 elections, Kemp said that an intrusion by Russian hackers into voting systems was "not probable at all, the way our systems are set up" and accused federal officials of exaggerating the threat of Russian interference.[32]

Georgia was one of 14 states that used electronic voting machines that produced no paper record, which election integrity experts say left elections vulnerable to tampering and technical problems.[33] The 2018 indictment against Russian hackers (as part of Special Counsel Robert Mueller's probe into 2016 interference) said that the Russian hackers targeted county websites in Georgia.[29]

In December 2016, Kemp accused the Department of Homeland Security of attempting to hack his office's computer network, including the voter registration database, implying that it was retribution for his previous refusal to work with DHS. A DHS inspector general investigation found there was no hacking, but rather it was "the result of normal and automatic computer message exchanges generated by the Microsoft applications involved."[34][33]

In October 2015, the Georgia Secretary of State's office, under Kemp's leadership, illegally disclosed the personal information (including Social Security numbers and dates of birth) of 6.2 million registered Georgia voters. This data breach occurred when the office sent out a CD with this information to 12 organizations that purchase monthly voter lists from the office. The office was not aware of the breach until the next month, and did not publicly acknowledge it until The Atlanta Journal-Constitution reported the class action lawsuit against the office that resulted.[35] Within a month of the breach becoming publicly known, it had cost taxpayers $1.2 million in credit monitoring services for those whose data had been compromised, and $395,000 for an audit into Kemp's handling of the unauthorized data disclosure.[36]

Kemp drew criticism again in 2017 when it was revealed that a flaw in the state voting system exposed the personal information of over six million Georgia voters, as well as passwords used by county election officials to access voter files, to researchers at Kennesaw State University.[37] The security flaw was fixed six months after it was reported to election authorities.[38][39] After a lawsuit was filed, a server at the center of the controversy was wiped, preventing officials from determining the scope of the breach.[40] Kemp denied responsibility, instead saying researchers at Kennesaw State University, who managed the system, had acted "in accordance with standard IT procedures" in deleting the data.[41]

On September 5, 2018, an attack ad was released[42] claiming that Kemp chose not to pursue accusations of sexual assault against therapists employed by Massage Envy during his time overseeing the Georgia Board of Massage Therapy because of donations made by franchisee owners to Kemp's campaign.[43][44] The offenders were able to renew their Board licenses after the accusations.[45] Republican State Senator Renee Unterman said that there "appears to be a direct connection between campaign support from Massage Envy franchisees in exchange for non-action and suppression" and asked U.S. Attorney B.J. Pak to investigate "what seems to be a quid pro quo scheme being perpetrated through the secretary of state's office and the Kemp for governor campaign."[46] Kemp said that he had done nothing illegal.[47]

In response to the accusations, a spokesperson for Kemp's campaign asserted that Unterman was "mentally unstable" and suggested she "seek immediate medical attention before she hurts herself or someone else". The Kemp campaign was criticized for its apparent reference to Unterman's history of depression, about which she had spoken publicly.[48][49] In response, Unterman said she would not be "intimidated, blackmailed, belittled, or sexually harassed" into silence.[50] Kemp's campaign did not apologize for the remarks.[48][49]

Kemp was accused by Democrats of voter suppression during the 2018 gubernatorial election.[51][52][53] Political scientists Michael Bernhard and Daniel O'Neill described Kemp's actions as the worst case of voter suppression in that election year.[54] The allegations arose from Kemp's actions as secretary of state: a few weeks before the election, he put 53,000 voter registration applications on hold, with 70% of the applicants being African American, and he purged 1.4 million inactive voters from voter rolls during his tenure, including 668,000 in 2017.[55][56][57][58] Kemp denied engaging in voter suppression, stating that he was following federal and state law to update voter rolls with accurate information.[59][57]

As a result of the controversies surrounding the 2018 Georgia midterms, critics have called Kemp's gubernatorial victory illegitimate.[60] Glenn Kessler of The Washington Post noted such claims are "an article of faith among Democrats".[61] Political scientists and news outlets have rejected these claims; The Atlanta Journal-Constitution wrote, "no evidence emerged of systematic malfeasance – or of enough tainted votes to force a runoff election between Republican Brian Kemp and Democrat Stacey Abrams".[62] Political scientist Charles S. Bullock III told The Washington Post that claims of a stolen election were "not based on fact but will continue to be articulated by Abrams since it helps mobilize her supporters", while Richard Hasen took issue with Kemp's job performance but said that he had seen "no good social science evidence that efforts to make it harder to register and vote were responsible for Kemp’s victory over Abrams in the Georgia gubernatorial race".[61] A USA Today fact check noted that the actions Kemp's office took during the election "can be explained as routine under state and federal law".[63] Hasen told PolitiFact, "I have seen no good evidence that the suppressive effects of strict voting and registration laws affected the outcome of the governor’s races in Georgia and Florida" and suggested Democrats "cool it" with claims the election was stolen.[64]

Kemp introduced a controversial "exact match" policy during his first year as secretary of state in 2010.[65] Under the system, eligible Georgians were dropped from voter rolls for an errant hyphen or if "a stray letter or a typographical error on someone's voter registration card didn't match the records of the state's driver's license bureau or the Social Security office."[66] In a 2010 explanation defending the practice to the Department of Justice, Kemp's office said the policy was "designed to assure the identity and eligibility of voters and to prevent fraudulent or erroneous registrations."[67] The Department of Justice initially rejected the policy, but allowed it to go into effect with additional safeguards; a later lawsuit claimed "it is not apparent that the Secretary of State ever followed the safeguards."[68] The process was halted after a lawsuit in 2016,[68] but the state legislature passed a modified form of the policy in 2017 and the process began again.[68]

Critics consider these types of "exact match" laws a form of voter suppression designed to disproportionately target minorities,[69] and African-American, Asian, and Latino voters accounted for 76.3% of the registrations dropped from voter rolls between July 2015 and July 2017.[68][59][70] Critics say that minority names are more likely to contain hyphens and less common spellings that lead to clerical mistakes, resulting in rejection of the registration.[71] In a 2018 ruling against Kemp, District Judge Eleanor L. Ross said the system places a "severe burden" on voters.[72]

After changes to the Voting Rights Act in 2012 gave states with a history of voter suppression more autonomy,[73] Kemp's office oversaw the closing of 214 polling locations, 8% of the total in Georgia.[74] The closings disproportionately affected African-American communities.[75] A consultant recommended that seven of the nine county polling locations in majority-minority Randolph County be closed ahead of the 2018 midterm election for failure to comply with the Americans with Disabilities Act.[76] After the American Civil Liberties Union challenged the plan, the locations were allowed to remain open.[77] Kemp denied knowledge of the plan, but a slide from a presentation given by the consultant read, "Consolidation has come highly recommended by the Secretary of State and is already being adopted by several counties and is being seriously considered and being worked on by many more."[78] Officials claim the locations were closed as a cost-saving measure.[74]

Georgia has removed registered voters from voter rolls for not voting in consecutive elections more aggressively than any other state.[79] Between 2012 and 2018, Kemp's office canceled over 1.4 million voters' registrations, with nearly 700,000 cancellations in 2017 alone.[80][59] On a single night in July 2017, half a million voters, about 8% of all registered Georgia voters, had their registrations canceled, an act The Atlanta Journal-Constitution said "may represent the largest mass disenfranchisement in US history."[81] Kemp oversaw the removals as secretary of state, and did so eight months after declaring his candidacy for governor.[82]

By early October 2018, Kemp's office had put more than 53,000 voter registration applications on hold, with more than 75% belonging to minorities.[68][59] The voters are eligible to re-register if they still live in Georgia and have not died.[83][59][82][84] An investigative journalism group run by Greg Palast found that, of the approximately 534,000 Georgians whose voter registrations were purged between 2016 and 2017, more than 334,000 still lived where they were registered.[84] The voters were given no notice that they had been purged.[85] Palast sued Kemp, claiming over 300,000 voters were purged illegally.[86] Kemp's office denied any wrongdoing, saying that by "regularly updating our rolls, we prevent fraud and ensure that all votes are cast by eligible Georgia voters."[87]

After Totenberg's ruling thousands of voting machines were sequestered by local election officials on Election Day in 2018, an action critics said was designed to increase wait times at polling locations.[88] The sequestration of machines disproportionately affected counties that favored Kemp's opponent[89] and caused voters in some locations to have to wait in line for hours in inclement weather.[90][91] Other locations suffered delays because machines had been delivered without power cords.[92] Kemp himself experienced technical problems attempting to vote in the election.[93]

Kemp opposes automatic voter registration,[94] a change that advocates say would help make voting easier for eligible citizens and help prevent voter suppression.[95] In a leaked 2018 recording, he said that attempts to register all eligible voters "continues to concern us, especially if everybody uses and exercises their right to vote."[96] In a separate 2018 recording made by a progressive group he said, "Democrats are working hard ... registering all these minority voters that are out there and others that are sitting on the sidelines. If they can do that, they can win these elections in November."[66][97][98]

On November 4, 2018, 48 hours before his gubernatorial election, the secretary of state's office published the details of a zero day flaw in the state registration website,[99][100] accusing Democrats of attempted hacking for investigating the problem but providing no evidence.[101] Critics say the announcement was further evidence of voter suppression and gave hackers a window of opportunity during which voter registration records could be changed.[102] In response to criticisms of the announcement, Kemp said, "I'm not worried about how it looks. I'm doing my job."[103] In a ruling on the matter, Totenberg criticized Kemp for having "delayed in grappling with the heightened critical cybersecurity issues of our era posed [by] the state's dated, vulnerable voting system" and said the system "poses a concrete risk of alteration of ballot counts."[104] In December 2018, The Atlanta Journal-Constitution found that Kemp made the hacking allegations without any evidence.[105] The Journal-Constitution wrote that Kemp might have made the unsubstantiated accusations against Democrats as a ploy and diversion to help him win the election; the "examination suggests Kemp and his aides used his elected office to protect his political campaign from a potentially devastating embarrassment. Their unsubstantiated claims came at a pivotal moment, as voters were making their final decisions in an election that had attracted intense national attention."[105]

On December 4, 2018, U.S. Representative Elijah Cummings, the incoming chairman of the House Committee on Oversight and Government Reform, announced that he would like to call Kemp before Congress to testify about the fairness of his actions during the 2018 elections.[106][107][108] "I want to be able to bring people in, like the new governor-to-be of Georgia, to explain ... to us why is it fair for wanting to be secretary of state and be running [for governor]," Cummings said.[109]

On March 6, 2019, it was revealed that both Kemp and his successor as secretary of state, Brad Raffensperger, were under investigation by the House Oversight and Reform Committee for alleged voter suppression in the 2018 elections. Cummings oversaw the investigation. Kemp was given until March 20, 2019, to comply with document requests or face a subpoena.[110]

Final results by county in 2018:

The primary elections were held on May 22, 2018, and a primary runoff was held on July 24, 2018, between Republican candidates Kemp and Lieutenant Governor Casey Cagle; Kemp prevailed. Incumbent Republican governor Nathan Deal was term-limited and thus could not seek a third consecutive term. Stacey Abrams won the Democratic primary with over 75% of the vote, allowing her to avoid a runoff.

During the general election campaign, Kemp provoked controversy with multiple ads, including one in which he posed with rifles and a shotgun that he jokingly pointed at a teenager who "wanted to date his daughter",[111] and one in which he said his truck was for "rounding up criminal illegals".[112] The lack of proper gun safety in handling the shotgun in the "Jake" ad attracted criticism from the National Law Enforcement Partnership to Prevent Gun Violence, which said the ad "delivers a message perpetuating domestic violence and misogyny while modeling egregiously unsafe behavior", and prompted criticism that the ad depicted irresponsible handling of guns.[113][114] Kemp's supporters, by contrast, viewed the ad as a "lighthearted portrayal of a protective, gun-wielding Southern father vetting a potential suitor", and Kemp dismissed the criticism, telling critics, "Get over it."[113]

In the November 7 general election, Kemp declared victory over Abrams. The next morning, he resigned as Secretary of State.[115] On November 16, every county certified their votes with Kemp leading by roughly 55,000 votes.[116] Shortly after the certification, Abrams suspended her campaign; she accepted Kemp as the legal winner of the election while refusing to say that the election was legitimate.[117][118] Abrams has since claimed numerous[119] instances of election activity that allegedly unfairly affected the results. Following the election, Abrams and her organization Fair Fight filed several lawsuits challenging the constitutionality and Voting Rights Act compliance of Georgia's voting laws, some of which are still pending.[120]

Kemp prevailed by 54,723 votes, defeating Abrams 50.2–48.8%. The 2018 gubernatorial election was the closest governor's race in Georgia since 1966.[121]

Final results by county in 2022:

During the primary election, Kemp was endorsed by former Vice President Mike Pence. He faced a primary challenge from former U.S. Senator David Perdue, who was endorsed by former President Donald Trump after Kemp refused to overturn the results of the 2020 presidential election in Georgia.[122] Kemp defeated Perdue in the primary, 73.7% to 21.8%.[123] Trump endorsed Kemp in the general election.[124]

Abrams was once again the Democratic nominee. This was Georgia's first gubernatorial rematch since 1950.[125]

In the general election, Kemp won reelection to a second term, defeating Abrams by 7.5%. Abrams conceded on election night.[126] He was sworn in for a second term on January 12, 2023.

In May 2019, Kemp signed into law a highly controversial bill that would prohibit abortions after a heartbeat can be detected in a fetus, which is usually when a woman is six weeks pregnant; the legislation was one of the country's strictest anti-abortion laws.[129] The legislation was blocked by federal courts, which ruled it unconstitutional: a preliminary injunction entered in October 2019 blocked the legislation from going into effect,[130] and a permanent injunction entered in July 2020 permanently voided the law.[131] This injunction was later overturned with the 2022 Supreme Court decision Dobbs v. Jackson Women's Health Organization. Kemp has also publicly stated his support for a "statewide ban on the destruction of embryos".

In April 2019, Kemp signed legislation into law addressing some criticisms that arose from the contested 2018 election; the new law provides that polling places cannot be changed 60 days before an election, that county election officials cannot reject absentee ballots because of mismatched signatures, and that a voter whose voter registration application information does not match other government databases will not be removed from the voter rolls for this reason.[132]

In March 2021, Kemp signed SB 202, which expanded early in-person voting, enacted ID requirements for absentee voting, gave the legislature power to overrule or replace local election officials, and banned anyone other than election workers from providing food or water to voters waiting in line.[13]

Kemp visited Swainsboro in September 2019 to announce the creation of a rural "strike team" focusing on economic development in rural areas of the state.[133]

Kemp has supported efforts to overturn the Affordable Care Act,[134] as well as efforts to hinder the functioning of the Affordable Care Act for Georgia residents.[135] Kemp and Republicans in the Georgia legislature have opposed full Medicaid expansion.[136] Kemp has sought to introduce work requirements for Medicaid recipients.[137]

After Johnny Isakson announced that he would resign from the U.S. Senate on December 31, 2019, Kemp appointed businesswoman Kelly Loeffler to complete Isakson's term on December 4.[138] Loeffler was sworn into office on January 6, 2020, but lost the seat to Democrat Raphael Warnock in the special election held for it.

Kemp appointed Carla Wong McMillian to fill a vacancy on the Supreme Court of Georgia caused by the retirement of Robert Benham.[139][140]

Despite a regular election to the Supreme Court of Georgia being scheduled for November 2020, Kemp canceled the election when Judge Keith R. Blackwell announced he would retire between the scheduled election and the end of his term.[141][142]

On April 1, 2020, Kemp announced a statewide stay-at-home order to combat the COVID-19 pandemic.[143] He was among the last governors to issue a stay-at-home order,[144][9] as a national emergency was declared three weeks earlier, on March 13.[145] As he issued the order, Kemp said he had become aware the coronavirus could be spread by asymptomatic people only that day, despite warnings from health officials made months earlier.[143][146] At the end of April, Kemp lifted the stay-at-home order over the opposition of mayors[144] and against the advice of public health experts and the Centers for Disease Control and Prevention.[9]

While many other states were implementing face mask mandates, Kemp prohibited localities from implementing stricter public health measures than the state.[10][147] In response, localities filed lawsuits against Kemp.[10] In July, Kemp prohibited Georgia cities and counties from requiring face masks to halt the virus's spread.[10] At the time, coronavirus cases were surging in many states, and other states were implementing statewide mask mandates.[148][10] By mid-July 2020, more than 127,000 COVID-19 cases had been reported in Georgia, with 3,000 deaths.[149]

In March 2021, Kemp expressed opposition to a $1.9 trillion COVID-19 relief bill passed by Congress.[150]

Kemp speaking at the American Embassy in Jerusalem in 2023

In an April 2019 Atlanta Journal-Constitution (AJC) poll, Kemp had a 46 percent job approval rating among Georgians.[151] In July of that year, another poll showed that Kemp's ratings had risen to 52 percent approving, making him the 22nd-most popular governor in the country.[152] A May 2020 Ipsos poll showed that Kemp's job approval rating had declined to 39 percent among Georgians, making him among the nation's least popular governors; his low popularity was attributed to his handling of the coronavirus crisis.[153][154] In November 2020, Kemp's approval rating fell to 37 percent, according to an IAG/Fox 5 poll.[155]

In January 2021, an AJC poll showed his approval rating had rebounded to 43 percent,[156] and by May it was up to 45 percent.[157] In April 2022, his approval rating had reached 50 percent, according to a Morning Consult poll.[158] In October 2022, one month before the 2022 gubernatorial election, Kemp's approval rating among Georgians stood at 54 percent.[159] At the beginning of his second term in 2023, his approval rating surged to 62 percent, according to an AJC poll.[160][161]

In January 2021, after the election of President Joe Biden, Kemp was criticized by outgoing President Donald Trump for certifying the results.[11][12] This resulted in speculation that he would face a Trump-backed primary challenger in 2022.[162]

In a November 2020 Fox News interview, Trump said he was "ashamed" of having supported Kemp's 2018 gubernatorial campaign. Trump added that Kemp had "done absolutely nothing" to challenge the result of the 2020 election in Georgia in which Biden defeated Trump by 11,779 votes, the first time Georgia voted for the Democratic nominee for president since 1992.[163] Kemp and Lieutenant Governor Geoff Duncan put out a joint statement explaining that calling a joint session of the Georgia General Assembly to appoint their own electors to send to the United States Electoral College would be unconstitutional.[164]

In December 2020, Trump called for Kemp's resignation.[165] The same month, attorney Lin Wood, acting separately from the Trump campaign, called for both Kemp's and Georgia Secretary of State Brad Raffensperger's imprisonment.[166]

In March 2021, Kemp said he would support Trump if he ran for president again in 2024.[150]

In September 2021, Trump indicated at a rally in Perry, Georgia, that he would prefer Kemp's 2018 Democratic opponent Stacey Abrams to replace him.[167] Trump said, "Stacey, would you like to take his place? It's OK with me."[168] In December 2021, David Perdue announced his candidacy for governor, with Trump's endorsement.[169] In May 2022, Kemp announced he had the support of former Vice President Mike Pence.[170]