The Georgia State Election Board (SEB) is facing significant legal challenges following the implementation of several controversial rules ahead of the 2024 election. The board, responsible for overseeing the administration of elections in Georgia, passed a series of rules in recent months, many of which have sparked outcry from both political parties, county election boards, and voters. As a result, seven separate lawsuits have been filed against the SEB, each arguing that the new regulations place undue burdens on the election process, violate state laws, or are simply unconstitutional.
These legal battles reflect the heightened scrutiny that election processes in Georgia have faced since the 2020 election. The SEB, a five-member body, passed these new rules largely along partisan lines. The three Republican-aligned members, Janice Johnston, Rick Jeffares, and Janelle King, who have been praised by former President Donald Trump, voted in favor of the rules. Meanwhile, SEB Chair John Fervier and Democrat Sara Tindall Ghazal have consistently opposed them.
Overview of the Controversial Rules
The SEB introduced several new measures that are now under legal fire. One of the most contentious rules is the Hand Count Rule, passed on September 20. This rule requires election workers to manually count all ballots in every box at polling locations to ensure they match the totals from the voting machines. While the rule doesn’t require workers to count individual votes for candidates, it still adds a significant layer of complexity and time to the election process. Critics argue that this rule is unnecessary, particularly with modern voting technology in place, and could delay election results and certification.
Another key regulation is the Reconciliation Reports Rule, which mandates that counties publish detailed online reports showing any discrepancies between the number of ballots cast and the number of voters reported in each precinct. Proponents of the rule argue that it ensures transparency, but opponents say it adds unnecessary administrative burdens on county election officials, particularly given the tight timeframe before the election.
The Reconciliation Rule goes a step further, requiring election workers or county boards to verify the total ballot count against the tabulation tape from each ballot scanner. This rule, like the others passed on September 20, took effect just weeks before the election, leaving election workers scrambling to implement these changes.
Additionally, the Daily Reporting Rule requires counties to issue daily reports showing details of which voters have cast their votes, whether early or via absentee ballots. Supporters believe this rule promotes transparency, while critics argue it creates more work for already overwhelmed election offices.
Another rule, the Recorded Count Rule, mandates that an election worker, along with two witnesses, record the ballot count from the tabulation tape in every ballot scanner at each polling location. This rule is seen as adding yet another layer of verification, but opponents believe it unnecessarily complicates the election process.
The Poll Watchers Rule increases the number of locations where poll watchers can observe the election process. While this rule was intended to boost election transparency, many local election officials worry it will lead to increased interference and disruption at polling locations, particularly from partisan observers.
Lawsuits Filed Against the SEB
Several lawsuits have been filed against the SEB, each focusing on different aspects of the new rules. One of the earliest and most significant cases is Abhiraman v. State Election Board. Filed by the Democratic National Committee (DNC), the Democratic Party of Georgia, and a Democratic candidate for the Georgia House of Representatives, this lawsuit challenges the Reasonable Inquiry Rule and Examination Rule. The plaintiffs argue that these rules violate state laws requiring the certification of election results by a specific deadline. They also claim that election superintendents do not have the discretion to delay certification under these new rules. The lawsuit seeks to invalidate these rules and ensure that all county election officials certify results by November 12, 2024.
On the Republican side, a lawsuit titled Eternal Vigilance Action v. State of Georgia has been filed by former Georgia State House Rep. Scott Turner and Chatham County Election Board member James Hall. This lawsuit challenges not only the Reasonable Inquiry Rule and Examination Rule, but also the Drop Box Rule and Surveillance Rule. The plaintiffs argue that the SEB’s rules represent an unconstitutional delegation of legislative authority and violate state laws related to early voting and absentee ballots. They are asking the court to declare all SEB rules unconstitutional and prevent their enforcement.
County election boards have also entered the legal fray. The Cobb County Board of Elections and Registration filed a lawsuit challenging the Hand Count Rule, Poll Watchers Rule, Daily Reporting Rule, Reconciliation Reports Rule, Reconciliation Rule, and Recorded Count Rule. Cobb County officials argue that these rules conflict with state election laws and impose unnecessary burdens just weeks before the election. They also claim that the SEB did not fully consider public comments, violating Georgia’s Administrative Procedures Act (APA).
A separate lawsuit, Crawford v. State Election Board, filed by the DNC and local election officials, focuses solely on the Hand Count Rule, arguing that it is an overreach of the SEB’s authority and will disrupt an already complicated election process. Similar arguments have been made by Muscogee County, which filed its own lawsuit to block the Hand Count Rule.
Other counties, including DeKalb and Fulton, have also sued the SEB over rules they say are unreasonable and could cause significant delays in the certification process. The Fulton County Board of Registration and Elections has filed a complaint challenging the SEB’s plan to appoint election monitors for Fulton County’s upcoming election, arguing that the board lacks the authority to impose such a requirement and force the county to bear the costs.
Implications for the 2024 Election
The outcome of these lawsuits could have a profound impact on Georgia’s 2024 election. If the courts side with the plaintiffs, the SEB may be forced to roll back or amend several of its new rules. This could help streamline the election process, avoid delays in certification, and reduce the risk of public confusion or allegations of fraud.
On the other hand, if the SEB’s rules are upheld, Georgia’s election workers will face new challenges in implementing these policies under tight deadlines. The rules could also lead to an increase in partisan tensions, with both sides accusing each other of trying to influence the election outcome.
With lawsuits pending and court decisions imminent, the legal battles surrounding Georgia’s election rules are far from over. The stakes are high, and the decisions made in these cases will likely set important precedents for election law in Georgia and across the country.
Disclaimer
The information provided in this article is based on web search results and publicly available sources as of the time of writing. While every effort has been made to ensure the accuracy and reliability of the information, changes in legal or political developments may not be reflected. Readers are advised to consult official legal or governmental resources for the most current and precise details regarding the lawsuits and rules mentioned. This article should not be taken as legal advice or an official statement from any involved parties.