Georgia Democrats went to court Wednesday to try to force Republican Gov. Brian Kemp to seek the removal of three members of the State Election Board, which has recently changed several election rules.
The lawsuit asks a Fulton County judge to order Kemp to conduct a hearing on whether three Republican members of the board violated ethics laws.
Kemp said he lacked the authority to start an ethics investigation earlier this month based on advice from Georgia Attorney General Chris Carr, who said citizens’ complaints are insufficient to trigger a hearing process.
“Our State Election Board has been hijacked by extreme partisan operatives,” said state Sen. Nabilah Islam Parkes, a Democrat from Duluth who filed the suit. “They are determined to make sure our state helps get Donald Trump elected no matter what Georgia voters say, and, sadly, it appears that our governor has abdicated his responsibility to fix this.”
The three Republican board members, whom Trump praised as “pit bulls” during an Atlanta rally, have said their actions are driven by a desire for secure elections rather than partisanship.
“Let me reassure every Democrat and member of any other party and the citizens of Georgia that these rules will help to prevent a last-minute surprise of questioning the results,” one of the board members, Janice Johnston, said during a meeting Monday. “Everyone should take a deep breath and calm down.”
Voting rights groups and election officials have warned that eleventh-hour changes to election rules could create confusion, delays and distrust.
Under the rules, county election board members are required to conduct a “reasonable inquiry” before certifying results, which critics say could provide justification for them to oppose finalizing the election if their preferred candidate loses. Another rule approved Friday requires a hand count of the number of ballots after polls close to ensure none has been missed.
The lawsuit alleges that the State Election Board members behaved unethically when they held a meeting on short notice in July and passed rules undermining public trust. It also cites that one member, Rick Jeffares, proposed himself as a candidate for a position as regional director of the Environmental Protection Agency if Trump defeats Vice President Kamala Harris.
The lawsuit seeks a court order compelling Kemp to start the ethics hearing process.
If an administrative judge finds ethics violations, state law calls for the governor to remove them from office.
A spokesman for Kemp said Democrats’ complaints don’t trigger an ethics hearing, citing Carr’s legal opinion from earlier this month. “As he has done in the past, the governor will follow our laws and constitution of our state,” spokesman Garrison Douglas said.
Joining Islam Parkes in filing the lawsuit were former Fulton County Election Board Chair Cathy Woolard and Democratic state Senate candidate Randal Mangham.
The lawsuit and hearing process won’t be resolved before this year’s presidential election, the Democrats’ attorney said, but the case will continue to pursue the removal of election board members afterward.
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