Democrats are taking legal action against Georgia rules that they believe may prevent election certifications.
**Breaking News: Georgia State Election Board Faces Lawsuit Over Certification Rules**
**Atlanta —** The state and national Democratic parties took legal action on Monday to challenge two recent rules sanctioned by Georgia’s State Election Board. These regulations could potentially permit county officials to decline the certification of election results, leading to delays in finalizing the state’s outcomes.
The lawsuit, which was filed before a state judge in Atlanta, contends that the rules violate a state law that mandates certification as a duty. It urges the judge to declare the rules as invalid because the State Election Board, now mostly comprised of supporters of former President Donald Trump, is overstepping its legal boundaries.
The Democratic party, along with voting rights activists, are expressing deep concerns over the board’s actions. This issue unfolds against the backdrop of Georgia’s history of partisan conflicts regarding voting procedures, which predates even the 2020 presidential election. It’s a new battleground in a series of disputes across various states concerning the administrative process of certifying election results.
The lawsuit alleges that the recently implemented rules could result in post-election turmoil and that the board is flouting state laws that expressly state county officials “shall certify” outcomes. Over a century of court precedent in Georgia firmly establishes that county officials have no flexibility in this matter.
According to the lawsuit filed in Fulton County Superior Court, “These rules imply that the certification of results by a county board is optional and open to extensive scrutiny, which may either delay or prevent certification. However, this contradicts the laws of Georgia.”
Pro-Trump Republicans argue that the rules simply reinforce a county election board’s existing responsibility to thoroughly examine election results. They point out that each board member is required to pledge an oath to compile accurate and precise results.
State Republican Party Chairman Josh McKoon defended the rule changes, stating, “These sensible adjustments will benefit all Georgians, irrespective of political allegiance, as they aim to enhance transparency and public trust in our electoral process.” McKoon made this statement before the lawsuit’s revelation on Monday.
Recently, a trio of Republican partisans aligned with Trump gained control of the five-member regulatory board. Although the board doesn’t have a direct role in determining election results, it formulates rules to ensure smooth elections and addresses complaints of violations.
During a rally in Atlanta on August 3, former President Trump praised these three members by name, lauding them as advocates for honesty, transparency, and victory. Trump criticized the Democratic member and the nonpartisan chairman appointed by Governor Brian Kemp, deeming them less effective.
These developments, coupled with McKoon’s approval of the board’s takeover and subsequent communication of proposed rules to board members, have prompted Democrats to argue that the board has transitioned from a once inconspicuous entity to a direct tool of Trump.
Democratic U.S. Representative Lucy McBath lambasted these changes, asserting in a news conference at the Georgia Capitol, “The Georgia state elections board is becoming an equal co-conspirator in this effort to suppress our votes. They are erecting obstacles to tallying votes and certifying elections so that Donald Trump can once again destabilize our nation.”
A Democratic state senator and a former chair of the Fulton County elections board have demanded Kemp to dismiss the three Trump-aligned members for violating state ethics laws. In response, Kemp sought legal counsel to ascertain whether he has jurisdiction to address these requests.
The Democratic lawsuit takes aim at the language added by one rule, which obliges county election officials to conduct a “reasonable inquiry” before certifying results. It also challenges a second rule that allows county officials to scrutinize all election-related documentation created during the election proceedings.
The lawsuit argues that allegations of fraud or misconduct should be addressed by the courts, rather than by county officials during result tabulation. It references over a century of Georgia court rulings to support this assertion.
While the new rules could be interpreted in line with Georgia law, permitting review or examination that doesn’t impede certification, the lawsuit contends that this wasn’t the intent of the rules’ drafters, based on their statements before the board.
The first rule’s ambiguity surrounding “reasonable inquiry” and the second rule’s lack of basis in the election code or case law are additional points of contention raised in the lawsuit.
It remains uncertain whether counties could successfully reject certification. Such refusals would likely lead to judicial intervention mandating county boards to fulfill their statutory duties. Notably, Fulton County and the state’s other major Democratic strongholds are unlikely to refuse certification, leaving smaller, more Republican-leaning counties as potential dissenters.
In a similar instance, state officials had to compel rural Coffee County to certify its results in 2020. Earlier this year, Julie Adams, a Republican-appointed board member in Fulton County, refused to certify primary election results after initiating a lawsuit supported by the Trump-aligned America First Policy Institute, which posits that county election board members can use their discretion to reject certification.
Those behind the lawsuit include county election board members from metro Atlanta counties, predominantly selected by the local Democratic Party, voters in favor of Democrats, two Democratic state lawmakers seeking reelection, and the state and national Democratic parties.
**Stay tuned for further updates on this developing story.**
