The chair of the State Election Board says his Republican colleagues have gone too far, taking the law into their hands by passing new Georgia election rules since Donald Trump praised them at a campaign rally.
“Our job is to clarify law, not create new law,” John Fervier, who was appointed by Republican Gov. Brian Kemp, said in an exclusive interview with The Atlanta Journal-Constitution. “This doesn’t need to be an activist board. This board needs to stay within its boundaries.”
Fervier’s comments come ahead of critical court hearings this week on lawsuits attempting to revoke the board’s recently passed rules, including requirements for an undefined “reasonable inquiry” before certifying elections and an election-night hand count of the number of paper ballots.
The three Republicans ― a majority bloc Trump called “pit bulls” ― haven’t shied away from changing election procedures when they see fit. The board has passed nine rules since this summer in advance of the presidential election.
Credit: Arvin Temkar/AJC
Credit: Arvin Temkar/AJC
“John is a lot more risk averse than I am, and so I understand that he would rather not rock the boat,” said Janelle King, the swing vote on the board since her appointment in May by House Speaker Jon Burns. “I’m OK with rocking the boat if it’s going to lead toward success.”
Fervier, a Waffle House executive who describes himself as a traditional conservative, said his role as the board’s chair has been undermined at times by the Trump-aligned Republican faction.
The board’s disagreements have been on display during meetings packed with voting machine critics, paper ballot supporters, election fraud believers and Trump backers.
They cheer on the election rule changes pushed by the three board members led by Janice Johnston, who waved to the crowd at the Trump rally; King, a media personality who appears on Fox News; and Rick Jeffares, who has proposed himself as a candidate for a regional director post with the Environmental Protection Agency if Trump wins.
It’s been too much for Fervier.
“We all represent every voter in Georgia, and we should act like that,” he said. “This hyperpartisanship doesn’t serve anybody, and it certainly doesn’t serve this board. And I think it creates dissension.”
Often outvoted by his Republican peers, Fervier said the new hand-counting rule could delay results until early morning hours as bleary-eyed poll workers try to make their manual counts match, fueling voters’ skepticism. The hand review would count ballots but not votes.
Fervier criticized public attacks among board members, such as when King confronted board member Sara Tindall Ghazal, who was appointed by the Democratic Party of Georgia, for saying on MSNBC that her Republican colleagues have “some other motive” in passing last-minute rules.
Ghazal said the hand count is “setting counties up for failure.” King had accused Ghazal at the meeting of “creating a conspiracy” and fostering a media narrative that characterizes Republican board members as “MAGA right-wing extremists.”
“I’ve seen a lot of that character assassination that’s just inappropriate and unprofessional conduct for a member of this board,” Fervier said about board members’ criticism of each other during public meetings.
Credit: arvin.temkar@ajc.com
Credit: arvin.temkar@ajc.com
Johnston, who was appointed by the Georgia Republican Party, defended King at the September board meeting and said she has no ulterior motives.
“Yes, character assassination. Yes, media murder. Yes, lawfare lynching. That’s where all this is headed, and I really don’t appreciate it,” Johnston said at the meeting. “I have no agenda, no plan, no plot, and I find it rather disconcerting to be accused of such things.”
Johnston didn’t respond to a message seeking comment for this article.
Fervier said he’s confident county election officials will run a free, fair and honest election this year — and he hopes the State Election Board gets back to its job of reviewing investigations and passing rules that comply with state laws.
He said he’s dedicated to seeing the board — and Georgia voters — through a contentious election.
“They’re absolutely frustrating times, but when I feel like it’s the right thing to do, I’m going to try and go down that path,” Fervier said. “I feel like staying on this board and fighting for equity in Georgia and doing the right thing. I’m going to continue with it.”
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