Georgia courts recently delivered monumental victories for voters and the rule of law by striking down new rules crafted by the MAGA-aligned majority of the Georgia State Election Board. That includes the Georgia Supreme Court refusing on Tuesday to stay a lower court decision blocking the most egregious of these new rules, which means they will not take effect this election cycle.
These well-reasoned, speedy smackdowns should serve as an example in Georgia and nationally as judges address a looming onslaught of litigation triggered by former President Donald Trump’s election denial movement.
Credit: Handout
Credit: Handout
Credit: Handout
Credit: Handout
The State Election Board’s last-minute rule changes ranged from mandating that ballot boxes be busted open for notoriously unreliable hand counts to allowing county election authorities to upend vote counting based on any conspiracy theory they deem “reasonable.” These and other new dictates would have created exactly what the system is supposed to avoid: chaos and uncertainty.
When voters and election officials are unsure of the rules or see them change in the middle of an election cycle, it creates fertile ground for doubts about the results to grow. That seems to be what Trump and his allies want: to make the public question the legitimacy of the system so they can manipulate it for their benefit, just as they tried and failed to do in Georgia and nationally after the 2020 election. These new rules were also dangerous because they blurred the lines between state and local election authorities, undermining a system designed to function with checks and balances.
County election boards must follow state laws — not arbitrary rules imposed by political operatives. If local boards are forced to implement rules driven by political agendas, it erodes public trust and opens the door for future manipulation. These deceitful tactics undermine the fundamental principles of our elections, which must remain fair, impartial and free from manipulation by candidates or political factions.
These new rules were not isolated bureaucratic missteps here in Georgia. They are part of a larger strategy to interfere with elections and manipulate outcomes, driven by those aligned with Trump’s vision.
This pattern is evident in their nationwide antidemocratic efforts from orchestrating the Jan. 6, 2021, insurrection to promoting false claims of widespread noncitizen voting. Trump’s infamous January 2021 call to Georgia’s secretary of state, urging officials to “find” votes, and the fake elector plot in Georgia have shown Trump and his MAGA allies are willing to lie, subvert and trample state and federal laws to gain power.
The levers of government should never be used to create chaos or sow doubt in election outcomes, no matter who is on the ballot.
John Fervier, the Republican chair of Georgia’s State Election Board, deserves credit for condemning his colleagues’ overreach and standing up for democratic principles, even against intense pressure from within his own party. So, too, do Georgia Secretary of State Brad Raffensperger and Attorney General Christopher Carr, two of Georgia’s highest-ranking Republicans who have called out the State Election Board’s illegal last-minute power grab as “absurd,” “concerning” and “impermissible.”
The recent court rulings rejecting the fatally flawed new State Election Board rules advance democracy in Georgia. They reinforce that the roles and responsibilities of county election board members are defined by state law and are not subject to political whims or agendas. These decisions also send a clear message to Trump loyalists on the State Election Board: The power of the courts ensures they cannot impose their views unchecked.
On Tuesday, the Georgia Supreme Court’s ruling turned aside Republican efforts to seek a stay of the first lower court decision to reach them, enjoining the worst of the new rules. The high court also refused to speed up consideration of the appeal. That means the appeal will not be considered until after the election, and that the State Election Board rules at issue will not take effect in this cycle.
When these appeals are eventually heard, it is critical that Georgia’s appellate court decisions hold fast and affirm the trial courts’ rulings. Upholding these decisions will reinforce that elections cannot be manipulated to fit the desires of any one faction.
Should the appellate courts reverse these rulings, it would signal that partisan influence can supersede legal protections. The decisions in these cases will shape the future of elections in Georgia and nationally, sending a message about whether the law will be upheld or warped to serve political aims.
The path the MAGA movement and its leaders are charting is dangerous. The lies they spread have fueled violence and criminal behavior. They have proved they will do whatever it takes to win, even if that means undermining democracy itself. But we can stop them by standing up for the rule of law and turning out at the ballot box again to reject their chaos and preserve our freedoms.
Trump and his allies have made it clear that they will continue their efforts to sow chaos.
These court decisions are undeniable wins, but the fight is not over. These rulings remind us that courts can defend democracy, but only if citizens demand accountability.
We must reject attempts to manipulate the system and continue to protect elections at every level. It is up to us, as Georgians and Americans, to reject those who would undermine democracy and ensure that elections remain fair and independent. Together, we must protect the integrity of our democracy — not just with our words, but with our votes.
Norman Eisen is counsel for the Democracy Defenders PAC. Richard Painter is a professor at the University of Minnesota Law School.
