A judge voiced skepticism Tuesday of a last-minute requirement for a hand count of the number of ballots on election night, suggesting it might be better to ensure “nonchaotic, stable, predictable, fair and transparent” elections.
Fulton County Superior Court Judge Robert McBurney said he would soon rule on a lawsuit by Cobb County’s election board seeking to stop the hand-count requirement the Republican-controlled State Election Board approved last month. The manual review would count ballots but not votes.
“This seems to me like it’s late in the game,” McBurney said, noting in-person early voting started Tuesday. “If the goal is orderly, reliable elections, why wouldn’t the prudent approach be to say, ‘Let’s try this next election?’”
Opponents of the hand-counting requirement said it would introduce delays in reporting results to an eager voting public, and they worried that poll workers haven’t been trained in this new process.
But members of the State Election Board who backed the rule said it would ensure all ballots are accounted for, helping to ensure accuracy for audits and recounts. At times, election workers have left ballots behind and the rule would help prevent that from happening again, they said.
Credit: Miguel Martinez-Jimenez
Credit: Miguel Martinez-Jimenez
“Georgia, as we all know, has had its election integrity called into question in the past,” said Kevin Kucharz, an attorney for the Georgia Republican Party who spoke in support of the State Election Board. “A rule which is intended to promote fidelity in this coming election that gets kicked out at the last minute will severely undermine voter confidence. And everyone is watching.”
The hand-count rule calls for three poll workers in each precinct to empty ballot boxes and sort ballots into stacks of 50 after polls close. The hand count would be compared with the number of scanned ballots and voter check-ins, and then election officials would determine the reason for any discrepancies.
Cobb County’s election board claimed the hand count and five other rules approved Sept. 20 are unreasonable and exceed the board’s authority.
“It is far too close to an election to be starting this process now,” said Mike Caplan, an attorney for the county. “We started training last year. Elections are very important. We’ve got to get it right.”
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.
Besides Cobb County, election boards in DeKalb and Muscogee counties have also sued over the rules.
Along with the hand count, other rules being contested include requirements for poll watching in tabulation areas, reconciliation of ballot counts and public posting of the number of early and absentee voters.
The rules are scheduled to take effect Oct. 22 — two weeks before Election Day.
McBurney issued a decision Tuesday morning in a separate case, ruling 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.
No matter the outcome, the cases will likely be appealed, setting up a high-stakes legal dispute 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.
Credit: Miguel Martinez-Jimenez
Credit: Miguel Martinez-Jimenez
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