The Georgia state and national Democratic parties have taken legal action by filing a lawsuit to prevent the implementation of two recent rules adopted by the State Election Board. The lawsuit argues that these rules, which could allow county officials to refuse the certification of elections, violate a state law that mandates certification as a duty. The plaintiffs claim that the Board, now controlled by allies of former President Donald Trump, is overstepping its authority.

The lawsuit, filed in Fulton County Superior Court, asserts that the newly adopted rules could cause post-election chaos and are contrary to the longstanding precedent in Georgia, which clearly states that county officials must certify results without any exceptions. The lawsuit highlights the assumption made by the drafters of the rules that certification is discretionary when, in fact, that is not the case according to Georgia law.

However, proponents of the rules, including pro-Trump Republicans, argue that they are necessary to ensure the thorough examination of election results by county election boards. Supporters claim that the rules aim to increase transparency and public confidence in the electoral process.

The State Election Board, which is responsible for ensuring the smooth running of elections and addressing violations, has faced criticism due to its recent acquisition of three Republican partisans aligned with Trump. During a rally in Atlanta, Trump praised these members, emphasizing their commitment to honesty, transparency, and victory, while criticizing the Democrat on the board and the nonpartisan chairman appointed by Governor Brian Kemp.

Democrats have expressed concerns that this once-obscure board has transformed into a direct tool of Trump. Representative Lucy McBath accused the board of suppressing votes and creating barriers to counting votes and certifying elections. She claimed that this was an attempt by Trump to sow chaos in the country once again.

To address these concerns, Democratic State Senator and the former chair of the Fulton County elections board have both demanded that Governor Kemp remove the three Trump-aligned members for allegedly violating state ethics laws. Governor Kemp has sought clarification from Republican Attorney General Chris Carr regarding his jurisdiction to consider these demands.

Among the specific concerns raised in the lawsuit are the introduction of a "reasonable inquiry" requirement for county election officials before certifying results and the authorization for county officials to examine all election-related documentation. The lawsuit argues that allegations of fraud or misconduct should be handled by the courts, rather than by county officials during the result certification process.

The ultimate ramifications of these new rules remain uncertain. If counties refuse to certify results, they could face lawsuits requesting court orders to compel them to fulfill their legal duties. While it is unlikely that reliably Democratic counties, such as Fulton County, would reject certification, the potential for refusals from smaller, more Republican-leaning counties exists.

The lawsuit has been filed by county election board members from metro Atlanta counties, primarily chosen by the local Democratic Party, as well as Democratic voters, two Democratic state lawmakers seeking reelection, and the state and national Democratic parties.

This legal challenge further underscores the ongoing partisan struggles over voting procedures in Georgia, providing an additional layer of complexity to the already contentious issue of certifying election results.