An attempt to invalidate new Georgia election rules goes to court Tuesday, including an election night hand-count verification of the number of ballots cast.
Cobb County’s election board sued the State Election Board over the rules, arguing that they’re unreasonable and exceed the board’s authority.
The rules, passed by the State Election Board’s Republican majority, have drawn criticism from the attorney general’s office, the secretary of state’s office, county election directors, Democrats and some Republicans.
“Without clarification or constraint from this court, the rule changes could foment chaos and confusion as soon as polls close,” several Georgia voters supporting Cobb’s claims said in a brief submitted to the court.
The lawsuit asks Fulton County Superior Court Judge Robert McBurney to nullify the hand count as well as five other rules passed Sept. 20, such as requirements for poll watching in tabulation areas, reconciliation of ballot counts, and public posting of the number of early and absentee voters.
The Republican National Committee defended the rules in a similar case that’s scheduled to be heard in court Wednesday.
“The General Assembly has tasked the State Election Board, not courts, with policy decisions about elections,” the RNC’s brief states. “When an election is close at hand, courts should not step in and change the rules.”
McBurney issued a decision Tuesday morning in a separate case, ruling that county election boards are required to certify elections even if they have concerns about errors or documentation.
McBurney previously considered a case opposing new State Election Board requirements before results can be certified by county election boards one week after Election Day. The judge hasn’t yet issued a decision on those rules, which require a “reasonable inquiry” ahead of certification and granting county election boards access to all election documents as they conduct their inquiry.
Besides Cobb County, State Election Board rules are also being contested in court by several Republicans, the Democratic Party, and election boards in DeKalb and Muscogee counties.
Judges could make rulings anytime after court hearings on Tuesday and Wednesday. Regardless of the outcome, the cases will likely be appealed, setting up high-stakes legal disputes right before Election Day on Nov. 5.
6 election rules challenged in court
- A hand count of the number of ballots conducted after polls close. Poll workers are required to count ballots, not votes.
- Political party poll watchers can observe ballot processing in tabulation areas.
- Counties must establish a daily reporting system of the number of early and absentee voters.
- Reconciliation reports of vote counts must be publicly posted on county websites or in election offices.
- Election officials reconcile ballot counts with tabulation tapes printed by scanning machines.
- Record ballot counts from tabulation tapes on recap forms.
