Two Republicans filed a lawsuit Wednesday to invalidate new Georgia election certification rules, alleging the unelected appointees on the State Election Board exceeded their authority.
The lawsuit takes aim at rules approved by Republican supporters of former President Donald Trump that critics say could be abused to dispute the results of the presidential election.
“Like fellow conservatives across the country, we oppose empowering the administrative state to act with the force of law,” said Republican Scot Turner, a former state legislator who is a plaintiff in the case. “We’re looking to affirm the separation of powers required by the state constitution. The legislative branch writes the rules; the executive carries them out as written.”
One rule requires an undefined “reasonable inquiry” before county election boards certify results, which opponents fear could give partisan board members more discretion to reject the outcome. Another rule calls for local election board members to review troves of documents before certifying results.
The lawsuit echoes conservative arguments nationally against administrative rule making.
A ruling by the Republican-appointed majority on the U.S. Supreme Court this summer weakened the ability of federal agencies, such as the Environmental Protection Agency, to create regulations when laws passed by Congress are unclear.
Defenders of the State Election Board say the rules will help ensure votes are counted accurately. They say the rules don’t contradict the state law requiring county election boards to certify election results one week after Election Day.
“These commonsense changes will benefit all Georgians, regardless of political affiliation, as they are all designed to increase transparency and public confidence regarding our elections,” Georgia Republican Party Chair Josh McKoon said last month.
The lawsuit filed Wednesday comes after the Democratic Party sued in a separate challenge of the new election rules. The Democrats’ lawsuit, which is supported by Vice President Kamala Harris’ campaign for president, seeks to reinforce the requirement that county election boards certify elections.
Meanwhile, a judge this week dismissed a separate lawsuit by Fulton County election board member Julie Adams, who argued certifying election results should be optional. The judge ruled that she sued the wrong defendants. Adams can refile her lawsuit, the judge said.
The plaintiffs in the latest case are Turner, Republican Chatham County election board member James Hall and Eternal Vigilance Action, an election advocacy organization Turner leads.
“The (State Election Board’s) rules changed how votes are counted and certified by local election boards (superintendents) and therefore fundamentally altered Georgians’ voting rights,” states the lawsuit filed in Fulton County Superior Court.
The lawsuit asks a judge to declare the State Election Board’s rules are void before this fall’s election.
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