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For what it's worth, the Court of Appeals has reaffirmed this as recently as last year, and can now cite @judgedillard.bsky.social's formulation in the above case, which is concisely reproduced below.

“As to the element of force, we have been clear that ‘when the State has proven beyond a reasonable doubt that the victim is physically or mentally unable to give consent to the act, as when she is intoxicated, drugged, or mentally incompetent, the requirement of force is found in constructive force, that is, in the use of such force as is necessary to effect the penetration made by the defendant. Thus, sexual intercourse with a woman whose will is temporarily lost from intoxication or unconsciousness arising from the use of drugs or other cause or sleep is rape. And although a majority of states do not criminalize conduct when a victim has become voluntarily intoxicated by drugs or alcohol, Georgia is not such a state. Indeed, under our well-established case law, when a victim is intoxicated, drugged, or mentally incompetent and her will is temporarily lost from intoxication or unconsciousness arising from the use of drugs or other cause, she is physically or mentally unable to give consent to the act of sexual intercourse.’ (Citations and punctuation omitted; emphasis within the original.) Johnson v. State, 351 Ga. App. 690, 693-694 (832 SE2d 676) (2019).”

From Grier v. State, 377 Ga. App. 419 (2025).

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Eli @elium2.com · 15h

Georgia law doesn't require intoxication to be involuntary in order to impair consent. But Georgia is a rare state where this standard is based entirely on caselaw, and it's pretty much entirely from our second-highest court. (Obvious CW here but there's no description of *specific* case facts.)

Image from Johnson v. State, 351 Ga. App. 690 (2019), stating that “the Supreme Court of Georgia has held that when the State has proven beyond a reasonable doubt that the victim is ‘physically or mentally unable to give consent to the act, as when she is intoxicated, drugged, or mentally incompetent, the requirement of force is found in constructive force, that is, in the use of such force as is necessary to effect the penetration made by the defendant.’” A footnote cites Drake v. State, 239 Ga. 232 (1977), superseded by statute on other grounds; accord Ray v. State, 345 Ga. App. 522 (2018), overruled on other grounds; Cook v. State, 338 Ga. App. 489 (2016); Mayes v. State, 336 Ga. App. 55 (2016); Demetrios v. State, 246 Ga. App. 506 (200), overruled on other grounds; Durr v. State, 229 Ga. App. 103 (1997), certiorari denied; Gore v. State, 119 Ga. 418 (1904), approvingly referencing a hypothetical; Cooper v. State, 180 Ga. App. 37 (1986), overruled on other grounds.

An additional footnote comments that the previously quoted language of Drake v. State comes from a treatise, but the Court of Appeals has “consistently relied upon this language [as shown by the preceding list of citations], and it has never been disapproved of or otherwise overruled by our Supreme Court.”

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Eli @elium2.com · 23/09/2026

Here are my current State House ratings. I consider several seats non-safe, although some have potential to fall off the map.

Uncontested Republican: 6 seats
Safe R: 41 (Chippendale)
Lean R: 53 (Santucci)
Pure Tossup: 27 (Serpa-Dem (open)); 42 (Fascia-Rep); 49 (Brien-ind.)
Tilt Democratic: 15 (Paplauskas-Rep), 39 (Cotter)
Lean Dem: 22 (Solomon (open))
Likely Dem: 5 (SeSimone), 23 (Shekarchi (open), 44 (Costantino), 59 (Stewart), 67 (Knight (open))
Safe Dem: 7 seats
Uncontested Dem: 49 seats

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Eli @elium2.com · 22/09/2026

not SBWU replying to a chatbot

Post from Starbucks Workers United (@SBWorkersUnited.Org): “Fox News headline: Starbucks agrees to DEI overhaul after blockbuster Florida legal showdown. The coffee giant will pay $1M and submit annual compliance certifications for four years under the agreement”
Reply from Power Vibe • by noMAGA: “The four years of annual compliance certifications matter: this isn’t just a memo changing language, but a legal settlement that puts Starbucks’ retreat on a recurring paper trail.”
Reply from SBWU: “This!”

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Eli @elium2.com · 22/09/2026

a generic term, such as “Black”

Methodology note on Black/African-American responses: “‘Specified includes the remaining Black or African American write-in responses that were not tallied into separate groups in the table. ‘Not specified’ includes respondents who checked the Black or African American response category on the ACS questionnaire and did not write in a specific group or wrote in a generic term such as ‘Black.’”

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Eli @elium2.com · 19/09/2026

Perhaps Cumberland should stop electing a Fire Committee.

Candidate list for the Cumberland Fire Committee. Two of the positions have no candidate on the ballot, while the other five are uncontested (i.e. have as many candidates as there are positions).

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Eli @elium2.com · 18/09/2026

gee I wonder who their client is

“If you knew that Jon Ossoff is endorsed by Hasan Piker, a political online influencer who said America deserved 9/11, praised mass murderer Mao Zedong as one of the ‘great leaders of the world,’ and calls himself a Marxist Socialist, and the election for U.S. Senator were held today and the candidates were Jon Ossoff, the Democrat, and Mike Collins, the Republican, for whom would you vote?”
Options are Definitely Collins, Probably Collins, Probably Ossoff, Definitely Ossoff, and Undecided.

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Eli @elium2.com · 15/09/2026

She's right. We, as a society, have to stop this.

Irate, Kowalski left the Space and turned on her camera—no makeup, her hair unbrushed. “This network of men that posted me … are doing this to more girls, just as they did to girls before me,” she says in the clip posted in late March, which now has over 271,000 likes. “And nobody seems to care.” Her fury at the people and institutions that had failed her—social media platforms, “old-ass men up at 4 in the morning talking about women’s bodies” on the internet—unfurled in torrents. “Genuinely this could happen to anyone,” she concluded. “And it’s gonna continue to happen … [unless] we stop it.”

I have highlighted the last sentence.

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Eli @elium2.com · 15/09/2026

I literally just wrote this

Screenshot from my blog where I say that I may have occasion to write about “the Turkish presidential election that will be held on May 14, 2028, and definitely not on some other date.”

From helium.elium2.com

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Eli @elium2.com · 14/09/2026

This has to be the worst-selling item at the Nintendo store

A black shirt with the text “Hey! Listen!” The point in the second exclamation mark is replaced with a small blue fairy (Navi from The Legend of Zelda: Ocarina of Time).

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Eli @elium2.com · 12/09/2026

Is this the “slopulism” the kids are all talking about?

“To demonstrate my commitment to the residents of District 17, I am self-funding this campaign and will not seek contributions.”
—Jina Petrarca

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Eli @elium2.com · 12/09/2026

One quirk of Rhode Island elections is that the deadline to request a recount is before they actually finish counting. So Pichardo requested a recount in case he ended up behind in the final count. (Based on the current tally, his request will be denied.)

RI Board of Elections agenda for 10:30 a.m. on Sept. 14. Includes ruling on four recount requests: Joseph Casoli for Providence Ward 4, Carmen Castillo for Providence Ward 9, Juan Pichardo for Providence Ward 9, and Elaine Pelino for Governor (GOP). Also includes ruling on challenged, deficient, or otherwise defective mail ballots.

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Eli @elium2.com · 11/09/2026

It's hard to imagine why James Metivier lost. He was endorsed by Local Business Owner, Longtime Supporter, and even the elusive Community Leader.

[screenshot from campaign website]
Endorsements
Trusted Across District 19
“James Metivier is the kind of leader our district needs – someone who listens, who shows up, and who delivers results." —Community Leader, District 19 Resident
“I've known James for years. His integrity and dedication to this community are unmatched. He has my full support.” —Local Business Owner, Rhode Island Small Business
“District 19 deserves a senator who puts people first. James Metivier does exactly that, every single day.” —Longtime Supporter, District 19 Voter

The descriptions of the “people” issuing the “endorsements” are exactly as transcribed, with no names attached. The layout is a common style for websites that have AI-generated content.

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Eli @elium2.com · 10/09/2026

Yesterday, State Rep. David Morales won the Democratic primary for Mayor of Providence, Rhode Island, defeating first-term incumbent Brett Smiley. Morales identifies as a democratic socialist and has promised to implement rent stabilization and the results of an upcoming divestment referendum.

My map of the race, which Morales won with 52.5% of the vote. Morales received the strongest support in Federal Hill and the West End, while Smiley's best precincts were in Blackstone, College Hill, and Upper South Providence.

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Eli @elium2.com · 10/09/2026

McKee is losing every city and town, even the ones that voted for nobody Ross McCurdy in the LG race. And yes, even Cumberland. (www.providencejournal.com/story/news/p...)

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Eli @elium2.com · 07/09/2026

at least one person primarying a Rhode Island mayor is running Spanish radio ads

Top of “Candidate Advertisement Agreement Form” for Adam Greenman.

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Eli @elium2.com · 05/09/2026

you have got to be kidding me

Sample ballot for the Providence Ward 4 Democratic District Committee primary. Of the 21 listed names, with 11 to be elected, I have highlighted Michael Earnheart. He is not an endorsed candidate and is listed seventeenth.

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Eli @elium2.com · 05/09/2026

I went through and intentionally picked the “Georgia” answer for everything and it only gives a 59% match for Atlanta. Part of it is that many regions lack a singular answer (“pecan”, which is in the quiz, is a notorious example)

“You talk most like someone from Georgia — about 60% of your answers match a typical resident.”
Heat map showing strongest matches in the Deep South and weakest in New England.

59% match for Atlanta; 58% for Charlotte and New Orleans
38% for Portland, ME; 39% for Boston, MA; 40% for Portland, OR
Distinctive terms include “coke” as a generic noun, “y’all”; pronouncing spigot as “spicket” while spelling it with a G; and “roly poly”.

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Eli @elium2.com · 05/09/2026

Short quiz without “sunshower”

54% match for Miami, Dallas, Oklahoma City
44% Minneapolis
45% Milwaukee/Detroit

Heat map showing concentrations in Texas (except East Texas), SW Oklahoma & SE New Mexico, and Florida (except panhandle). Slight concentrations around Alaska and Carson City, NV. Atlanta is only slightly more of a match than not. Worst match is by far northern MI and northeastern WI.

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Eli @elium2.com · 05/09/2026

Apparently I do not have a dialect (see first image)

“Cities most like you”
The most similar, at 53%, are San Francisco and Los Angeles. The least similar, at 48%, are Minneapolis, Milwaukee, and Omaha.

Heat map of most and least similar areas, which is not particularly intense anywhere. From MyDialect dot US.

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Eli @elium2.com · 03/09/2026

Ah yes, Sanchez, the Providence politician who is famously an only child (from RIBCO's IE committee Truth RI)

Expenditure supporting “Blier, Casoli, Guzman, C. Lima, Mercado, Theroux” and opposing “Roias, Baret, Felix, Sanchez”

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Eli @elium2.com · 03/09/2026

Now to work on my real passion, the work that really matters: horserace coverage

A copy of a Sept. 8, 2018 tweet where I said “In the statewide piece, I will address the big questions, like: ‘In the primary for Lieutenant Governor, can incumbent Dan McKee pull off an upset against the frontrunner, Aaron Regunberg?’” I have edited the tweet in an intentionally sloppy manner to instead refer to the current primary for governor.

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Eli @elium2.com · 03/09/2026

I have created the world's greatest logo for my new publication but am still figuring out how to display it in the social media cards and such. Here it is. Graphic design is my passion.

A clipart green anchor appears on top of a rasterized, blurred photograph I took of a peach. In the background are three ellipses representing orbiting electrons. At bottom it says “hElium Politics”.

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Eli @elium2.com · 02/09/2026

Further evidence of the massive popularity of data centers: Georgia Power is now directly mailing pro-data center propaganda to customers

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Eli @elium2.com · 02/09/2026

Invest in America's Future, which is spending $550,000 on digital ads opposing RI Gov. Dan McKee's renomination, reports being entirely funded by Invest in Tomorrow, a federal PAC that as of July 31 was overwhelmingly funded by crypto executive Chris Larsen of Ripple Labs.

Disclosure form showing the Aug. 31 $550,000 expenditure by Invest in America's Future PAC for digital advertising opposing Dan McKee and the associated Aug. 31 $550,000 contribution from Invest in Tomorrow.

Image from Invest in Tomorrow Coalition's July 20 FEC filing reporting that Chris Larsen had given a cumulative $6,000,000.00 as of June 30.

Image from Invest in Tomorrow Coalition's August 20 FEC filing reporting that the organization had received a cumulative $6,880,352.00 as of June 30.

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Eli @elium2.com · 30/08/2026

Even worse, this quote actually came from Governor Reeves

Facebook post by Tate Reeves (verified) on May 13:
“Bennie Thompson calls MS-2 ‘my congressional district.’

No Sir.

MS-2 is not YOUR congressional district. It is the people of Mississippi’s!!

Congressman Bennie G. Thompson’s reign of terror on MS-2 is over. It is not a matter of ‘IF…’

Just a matter of ‘WHEN!’”

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Eli @elium2.com · 30/08/2026

This is the opposite (campaigns that meet the standards get to bypass default spam filters) but it could lead to some potentially useful infrastructure.

GMail and Campaign Verify are partnering to create the Gmail Verified Sender Program starting September 8, 2026, which “helps eligible, verified political committees in the United States reliably deliver policy-compliant and non-abusive messages to personal Gmail accounts on an ongoing basis”.

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Eli @elium2.com · 28/08/2026

Here's the breakdown of my January 2021 voter file for the two precincts by residence street. 02A1 should include some voters on 11th St, 14th St, and Peachtree St, and *all* the W Peachtree St addresses, as W Peachtree St no longer touched 02A after the split. Instead:

Table showing that almost all streets were entirely assigned to 02A. Crescent Ave and parts of 12th St and Peachtree Walk were assigned to 02A1. 10th, 11th, 13th, and 14th St along with Peachtree St and W Peachtree St were fully assigned to 02A. (Juniper St and Piedmont Ave are *correctly* fully assigned to 02A.)

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Eli @elium2.com · 28/08/2026

How about one picture?

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Eli @elium2.com · 27/08/2026

A 1973 opinion by the attorney general appears to concern provisions very similar to the Irwin's Code provisions (with § 39-114 similar to § 3268, above, and § 24-204 similar to § 3884, which was not shown in my post).

Opinion 73-93
June 15, 1973
To: Commissioner [of the] Department of Public Safety
Re: Arrest of sheriffs.

This is in reply to your recent letter requesting an opinion on the
authority of the coroner, and others, to arrest a sheriff in criminal
matters. My response will be directed toward the following issues:
1. Do Ga. Code Ann. §§ 39-114 and 24-204 give [the coroner] authority to arrest a sheriff in criminal matters?
2. Who may arrest a sheriff for the commission of a crime?
3. May anyone arrest another when the offense is committed in his presence?
4. Who may serve an arrest warrant?
[1] Ga. Code § 39-114 (1933) does not give the power to arrest a sheriff in criminal matters. It refers to the transference of certain ministerial duties from a sheriff to the coroner, when the sheriff is a party to a proceeding. The section precludes a sheriff handling an order for final process against himself. Gillis v. Smith, 67 Ga. 446 (1881).
Ga. Code § 24-204 (1933) is similar in import to § 39-114. It requires the court to appoint a special officer to carry out the order of the court when (1) the sheriff or his deputy is a party to a proceeding, and (2) no coroner, or other lawful officer, resides within the county. State v. Jeter, 60 Ga. 489 (1877).
The two sections, supra, apply to civil matters involving orders, decrees, attachments, executions and final processes. Accordingly, Ga. Code §§ 39-114 and 24-204 do not give authority to arrest a sheriff in criminal matters.
[The opinion continues on, addressing questions 2-4. The remainder of the opinion is not in the screenshot.]

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Eli @elium2.com · 27/08/2026

Irwin's Code of 1867 contained the following relevant provisions regarding coroner's service in place of sheriff, coroner presiding over the jail when the sheriff is imprisoned, and service of process upon the sheriff by the coroner.