Georgia judge declares new state election rules illegal and unconstitutional
In a recent development, a Georgia judge has made a significant ruling, declaring seven new election rules passed by the State Election Board as “illegal, unconstitutional, and void.” This decision comes after Fulton County Superior Court Judge Thomas Cox presided over a hearing on challenges to the controversial rules. Among the rules invalidated by Cox are those requiring hand-counting of ballots after polls close and rules related to the certification of election results.
The State Election Board, which is predominantly controlled by three Republicans aligned with former President Donald Trump, has been at the center of controversy due to its recent rule changes. Following Trump’s narrow loss to President Biden in the 2020 presidential election in Georgia, the former president alleged, without evidence, that voter fraud had cost him victory in the state. This led to increased scrutiny of election processes and decisions made by the State Election Board.
Several Democratic Party organizations, local election officials, and a group led by a former Republican state lawmaker have filed multiple lawsuits challenging the new rules. Concerns have been raised by Democrats, voting rights groups, and legal experts that the rules could potentially be exploited by Trump supporters to delay or dispute election results, particularly if he loses to Democratic Vice President Kamala Harris in the upcoming presidential election.
One of the rules blocked by a judge mandates that three separate poll workers manually count the number of Election Day ballots to verify the accuracy of paper ballots against electronic tallies recorded by scanners, check-in computers, and voting machines. This rule particularly stirred controversy, with critics arguing that it could impede the timely reporting of election results and add unnecessary strain on poll workers already facing a long day. Concerns were also raised about the adequacy of training for poll workers to carry out the hand-count effectively.
Supporters of the rule defended its implementation, stating that the additional time required for the hand-count would be minimal and would not significantly delay result reporting. They also proposed sending scanner memory cards containing vote tallies to central tabulation centers in each county while the hand-count is being conducted to maintain the efficiency of result reporting.
Another rule invalidated by Judge Cox, passed in August by the Georgia State Election Board, pertained to certification processes. This rule introduced a vague definition of certification, requiring county officials to conduct a “reasonable inquiry” before certifying results without specifying the parameters of such an inquiry. Additionally, the rule allowed county election officials to scrutinize all election-related documentation generated during the election process.
Proponents of these rules argued that they were essential for verifying the accuracy of vote totals before certification. However, critics raised concerns that these rules could be misused to delay or withhold certification, casting doubt on the integrity of the election results.
In light of these legal battles and conflicting perspectives on election rules, the Georgia judicial system remains a battleground where the future of voting processes and result certification hangs in the balance. As stakeholders on both sides of the aisle continue to advocate for their positions, the ultimate goal remains to uphold the democratic principles of free and fair elections.
