ATLANTA -- Democrat Stacey Abrams is fast running out of options to close a deficit in the race for Georgia governor. Republican Brian Kemp has already moved on -- and has a transition office under the Gold Dome to prove it.
The Democrat's campaign is considering a long-shot legal challenge under a law that allows losing candidates to contest the election in the case of misconduct, fraud or "irregularities." She would face a tremendous legal burden to prove her case.
Barring successful legal action, the secretary of state could certify the election as soon as 5 p.m. Friday and cement Kemp's victory in the tightest race for Georgia governor since 1966.
The latest tally showed Abrams is roughly 55,000 votes behind Kemp -- and in need of more than 17,000 votes to force a Dec. 4 runoff. Georgia law requires a runoff if no candidate gets a majority of the vote, which is only a possibility because a third-party contender netted about 1 percent.
Abrams' campaign has long tried to make the case that Kemp used his role as secretary of state to suppress the vote. But to have a chance in court, Abrams would have to definitively prove there were enough Georgians blocked from voting to close the gap.
Her campaign has said it has heard from 25,000 voters who had problems casting their ballots, but several of those voters it has made public were still able to vote. It has not produced a list of Georgians who were unable to vote.
"We are looking at all options," said Abrams' campaign manager Lauren Groh-Wargo.
In a statement, Kemp spokesman Ryan Mahoney said the Republican's focus is on "building a safer, stronger future for Georgia families."
"Radical Stacey Abrams is beyond desperate with her latest publicity stunt," said Mahoney. "Georgia voters made their decision at the ballot box. It's time for Stacey Abrams to end her ridiculous temper tantrum and concede."
Other Republicans, who have mocked Abrams for preparing for an "imaginary" runoff over the last week, blasted the Democrat on Friday for considering a new legal challenge.
Paul Bennecke, director of the Republican Governors Association, predicted it "will come back to haunt her if she runs for something again."
And Clay Tippins, who finished in fourth-place in the GOP primary, previewed another Republican line of attack: "To call Abrams' move childish would be insulting to children."
Kemp's lead was virtually unchanged after elections officials in Gwinnett County late Thursday tallied hundreds of absentee ballots that were rejected solely because of a missing or incorrect date of birth. The ballots were counted after a federal judge's ruling, but they did not significantly change the race.
Those final ballots in Gwinnett also likely ended the contest for Georgia's 7th District. Republican U.S. Rep. Rob Woodall led Democrat Carolyn Bourdeaux by about 400 votes, though her campaign could request a recount.
Abrams's slim chances at extending her campaign to be the nation's first black female governor grew dimmer with the final Gwinnett returns.
Her campaign has long insisted there are thousands of provisional and absentee ballots still outstanding, but they have not materialized after all counties have certified their votes.
And her aides have repeatedly threatened litigation challenging "irregularities" at polling sites and Kemp's role as secretary of state while running for Georgia's top office. But it's unclear if new legal action can significantly affect the overall vote count.
Already, Abrams has filed several lawsuits seeking to force county elections officials to accept hundreds more ballots that were rejected.
One order required elections officials to review as many as 27,000 provisional ballots, though it didn't require those votes to be accepted. Another ruling required the state to county absentee ballots with incorrect birthdate data, but rejected an effort to accept provisional ballots cast in the wrong counties.
That order, by U.S. District Judge Steve Jones, set off a scramble by county officials to revist rejected ballots. But it's unlikely to significantly change Kemp's lead.
About 700 absentee ballots statewide were rejected because of errors or omissions in their birthdates, according to an Atlanta Journal-Constitution analysis. Most county election offices said they already counted those ballots if they could be authenticated.
Some Democrats are raising concern that Abrams' dwindling chances at the governor's race is sucking up the attention and energy for a pair of Democrats who are already in a runoff: John Barrow for secretary of state and Lindy Miller for Public Service Commission.
Saying that it's "pretty evident" the race will be certified for Kemp, former U.S. Rep. Buddy Darden urged Abrams to begin putting a focus on a 2020 run against U.S. Sen. David Perdue.
"Never stop. Keep using this energy," he said. "Keep using these new voters."
Kemp, meanwhile, has tried to cast himself as the eventual winner.
Several of his aides were at the Capitol on Thursday to meet with state legislators and scope out executive offices. And Kemp's campaign has repeatedly criticized Abrams for refusing to concede, saying she has no mathematical chance at forcing a runoff.
No major media outlet has declared a winner in the race, but The Associated Press said it's likely to do so after the state certifies the results. The Atlanta Journal-Constitution does not call election contests.
©2018 The Atlanta Journal-Constitution (Atlanta, Ga.)
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NW News on 11/17/2018