Georgia senator charged in Fulton County election indictment faces suspension

Published 12:45 pm Monday, August 21, 2023

ATLANTA — A Georgia senator indicted by a Fulton County last week for involvement in an alleged elector scheme could face suspension from office in the coming weeks.

Freshman Sen. Shawn Still — whose district represents north Fulton, south Forsyth and northwest Gwinnett counties — was one of 19 charged by a Fulton County grand jury Aug. 14 for allegedly plotting to overturn the 2020 presidential election results in Georgia.

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A copy of a false electors certification document shows that Still was one of the 16 Republicans who signed the certificate falsely asserting that former President Donald Trump won the state.

Despite then-Democrat presidential nominee Joe Biden receiving a close majority of the state’s vote in the November 2020 presidential election, the “fake electors” signed a certificate stating they were “the duly elected and qualified Electors for President and Vice President of the United States of American and from Georgia” after meeting on Dec. 14, 2020.

Still was the Georgia GOP finance committee chair at the time. David Shafer, the former Georgia GOP chair, and Cathleen Latham, former chair of the Coffee County Republican Party, are also Georgia GOP representatives charged as part of the alleged fake electors scheme.

Still’s lawyer, Tom Bever of Smith, Gambrell, Russell responded to CNHI’s request for comment from Still regarding the indictment.

“The evidence at trial will show that Sen. Still is innocent as the day is long. We look forward to his day in court to clear his good name,'” Beyer said.

According to the indictment, Still is charged with violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, impersonating a public officer, forgery in the first degree, false statements and writings, criminal attempt to commit filing false documents and false statements and writings.

Georgia GOP Chair Josh McKoon and other Republicans have said the actions made by the 16 Republicans during their December 2020 meeting weren’t illegal.

McKoon, in a statement Aug. 14, said that the electoral votes taken during the meeting were only to be counted if Trump prevailed in his pending election contest.

“…On the advice of counsel, Chairman Shafer convened a meeting of the electors to cast votes to preserve the president’s contest,” he said.

In the aftermath of the indictment, the Georgia GOP has announced its plans to use donations to “help pay their legal fees and beat back this Democratic attack on the rule of law in this country.”

“We stand 100% with the contingent Republican presidential electors,” the GOP stated on X, formerly Twitter.

A special prosecutor will also be appointed to look into possible involvement in the fake electors scheme by Lt. Gov. Burt Jones.

Pete Skandalakis, executive director of the Prosecuting Attorneys’ Council of Georgia, said the Council will begin the process of finding a conflict prosecutor to review Jones’s involvement in the false electors scheme and, if necessary, perform additional investigations.

The Fulton County District Attorney’s Office was previously recused from investigating Jones due to District Attorney Fani Willis’ connection to fundraising for Jones’ campaign opponent.

Several voting rights groups — All Voting is Local Actions, Fair Fight Action, Represent Georgia Action Network, and New Georgia Project Action Fund — sent a letter Aug. 17 to Gov. Brian Kemp asking him to begin a commission reviewing Still’s eligibility.

“You can reinforce public trust and ensure the continued progress of free and fair elections by demonstrating a commitment to addressing this issue through a fair and constitutional process,” the letter states. “While we recognize the presumption of innocence until proven guilty, the pending criminal charges are extremely serious. We firmly believe that it is in the best interest of the State of Georgia for Sen. Still to be removed from office.”

According to the state’s procedures for suspending or removing a member of the general assembly upon a felony indictment, the commission must be appointed by the governor within 14 days of receiving the indictment from the district attorney or attorney general. Kemp’s office reportedly received a certified copy of the indictments from Willis’ office Aug. 17.

The commission must be composed of the attorney general, a member of the Senate and a member of the House of Representatives. Per the state Constitution, the commission is to have a speedy hearing and make a written report within 14 days unless more time is granted by the governor.

“If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public officials and that the rights and interests of the public are adversely affected,” the governor is to suspend the public official immediately pending the final disposition of the felony case or expiration of the public official’s term of office, whichever comes first.

Still was elected as senator in November 2022 to serve through 2024. In June, Still was announced as the Georgia Chamber of Commerce’s 2023 Freshman Legislator of the Year.