Democrats Challenge Georgia State Election Board's Hand Count Rule in Lawsuit

ICARO Media Group
Politics
30/09/2024 19h37

### Democrats Challenge Georgia's Ballot Hand Count Rule, Citing Chaotic Implications

The Democratic National Committee and the Democratic Party of Georgia, bolstered by the campaign of Vice President Kamala Harris, have filed a lawsuit against the Georgia State Election Board. The lawsuit criticizes a new rule mandating that local counties hand count ballots to validate machine tallies, claiming it could lead to election night turmoil and compromise ballot security.

According to the lawsuit obtained by The New York Times, the rule not only risks delays in reporting results for large counties, but it also oversteps the state election board's authority. The plaintiffs argue that the board, which is not a legislative body, cannot implement a rule that conflicts with procedures set by the Georgia General Assembly.

The controversial rule, approved by the Georgia State Election Board earlier this month, insists on a hand tally of ballots post-election to verify machine counts without re-evaluating the vote choices on each ballot. High-ranking state officials, including the Georgia Secretary of State and Attorney General, had already cautioned the board against enacting the rule, arguing it was an overreach of their power with elections imminent.

The lawsuit states, "To protect the sanctity of the state's laws and to prevent election night chaos, this Court should declare that the Hand Count Rule exceeds SEB's statutory authority."

This lawsuit marks the second legal challenge by Democrats against the Georgia State Election Board in six weeks. An earlier case contesting modifications to the election certification process is set to commence trial soon. Democrats attributed a filing delay on Monday to a backlog caused by Hurricane Helene’s impact on the court system, corroborated by the clerk's office at Fulton County Superior Court.

The board’s new rule has faced significant opposition from election officials at both state and local levels. Janelle King, a board member who advocated for the rule, argued it would enhance election stability and transparency. Meanwhile, Brad Raffensperger, Georgia's Republican Secretary of State, has criticized the board's tumultuous changes, calling them detrimental to election security.

Local elections personnel, through the Georgia Association of Voter Registration and Election Officials, have denounced the timing of these changes, noting the difficulty for counties already in the midst of poll worker training.

Quentin Fulks, Vice President Harris's deputy campaign manager, called the hand-counting rule an attempt to weaken Georgia's post-election processes, aligning with legal stances from the state’s top Republican officials. Fulks stated, "We agree with Georgia's Republican Attorney General and Secretary of State: This rule is unproductive and unlawful, and we are fighting it."

The lawsuit also highlights that the rule's origins are interlaced with debunked conspiracy theories about election machines fostered by the far right following the 2020 election, and asserts that the rule breaches multiple provisions of Georgia’s Election Code.

"Nothing in the Election Code permits the kind of hand counting contemplated by the Hand Count Rule," the lawsuit concludes.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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