A preelection court battle Tuesday will test Georgia’s new rules requiring a “reasonable inquiry” before results can be certified — a mandate that Democrats say could lead to disputes over the vote count.
The trial will evaluate whether the rule, approved by the Republican-controlled State Election Board, conflicts with a state law that requires county election boards to certify results one week after Election Day.
The plaintiffs in the case, including the Georgia Democratic Party, say the rule creates an opening for rogue election board members to reject the results. Kamala Harris’ presidential campaign is supporting the lawsuit.
The rule “serves only as a pretext to sow seeds of doubt about the election certification process, all but guaranteeing chaos,” the Georgia Democratic Party said.
Defenders of the rule say county election board members need to be able to investigate before signing off on the results.
“The reasonable inquiry rule does not conflict with the plain language of Georgia law. To the contrary, this Rule simply reiterates that election superintendents are to, in a ‘reasonable’ manner, confirm that electoral results are accurate,” states a brief by the Republican National Committee and Georgia Republican Party.
Certifying elections is a critical step when county election boards approve results to the best of their knowledge. Only after certification can candidates contest the outcome in court.
At least 19 county election board members have refused to certify various elections since 2020, according to a statewide survey by The Atlanta Journal-Constitution.
In some cases, Republican board members have voted against certifying recent elections because they wanted to review more documents or they objected to minor discrepancies that wouldn’t have changed the outcome.
Under the rule, county election board members must take on a “reasonable inquiry” of the election, but the rule doesn’t provide any details about what’s reasonable or what the inquiry would involve.
A second rule being disputed in court Tuesday allows county election officials to examine all election-related documentation before certifying results.
Republicans who back the rules say they’re needed to ensure all votes are counted accurately before certification on Nov. 12.
Democrats fear a repeat of the 2020 election, when Donald Trump alleged the election was stolen and unsuccessfully fought the outcome in court. Investigations debunked allegations of drop box ballot stuffing, counterfeit ballots and ineligible voters. Three counts showed that Joe Biden won Georgia by about 12,000 votes.
The lawsuit asks Fulton County Superior Court Judge Robert McBurney to declare that election certification is a mandatory duty and that certification can’t be delayed. If McBurney finds that the rules conflict with Georgia laws, the plaintiffs say the rules should be invalidated.
The plaintiffs in the lawsuit against the State Election Board include the Democratic National Committee, the Georgia Democratic Party and Democrats on county election boards.
