The battle over Georgia’s election rules reaches the state Supreme Court on Wednesday where the court will consider whether the State Election Board went too far last year.
The case tests whether the board’s right-wing majority had the power to require election inquiries and hand-counts of ballots, as it attempted to do in the weeks before last year’s presidential vote.
A Fulton County judge overturned the board’s rules before the election, and the Supreme Court is now considering an appeal of that decision.
The appeal pits a Republican-led organization, Eternal Vigilance Action, against the State Election Board and Republican Party.
Eternal Vigilance Action is asking the court to uphold the lower court’s decision and rein in the board, while the state wants the court to reinstate the election board rules.
“The General Assembly set forth a clear framework by which elections are to proceed in Georgia. The SEB attempted to usurp the General Assembly’s authority and upend the election code by enacting contradictory rules,” according to a brief by Eternal Vigilance Action. “Rather than administering or effectuating a statute, the SEB instead undermined the General Assembly.”
Credit: Hyosub Shin/AJC
Credit: Hyosub Shin/AJC
The Republican Party is arguing to the court that the board’s proposed changes to election procedures supplemented state law without contradicting it.
“The rules promote orderly elections by requiring election superintendents to act reasonably before they certify results,” according to a brief by the Republican National Committee and Georgia Republican Party. “The rules promote election integrity, uniformity and purity in elections.”
In the weeks before last year’s election, the State Election Board approved several rules that drew national attention, including new requirements for a “reasonable inquiry” before certifying results and an election night hand count of the number of ballots cast.
Critics of the rules — including Democrats, county election directors and voting rights groups — said the rules threatened to delay results or provide justification for county election boards to reject results.
But supporters said the rules would have added safeguards to ensure elections are trustworthy and accurate.
After Republican Donald Trump won Georgia by 115,000 votes, county election boards unanimously certified the results — without any controversy over vote-counting procedures the State Election Board tried to change.
The Georgia Supreme Court’s decision could have a far-reaching impact.
If the court rules the State Election Board has the authority to change election rules, its Republican majority could resume efforts to impose vote-counting requirements on election officials.
Or a court decision against the board could constrain it to its job of reviewing investigations of fraud and irregularities.
After oral arguments Wednesday, the Georgia Supreme Court will issue a ruling in the coming weeks or months.
The court is considering seven overturned rules:
- Requiring county election boards to conduct an undefined “reasonable inquiry” before certifying results.
- Mandating an election night hand count to verify the number of ballots. Poll workers would have counted the number of ballots but not votes.
- Empowering county election board members to examine any election-related materials before certifying results.
- Requiring family members or caregivers to provide a signature and photo ID if they drop off an absentee ballot for someone else.
- Calling for video surveillance of drop boxes inside early voting locations outside of voting hours.
- Expanding access for partisan poll watchers inside vote tabulation areas.
- Publicizing daily reports of the number of early and absentee voters, accessible 24 hours a day, categorized by partisan and nonpartisan races.
About the Author
Keep Reading
The Latest
Featured
