Lawsuit Challenges Georgia State Election Board's Controversial New Rules
ICARO Media Group
A new lawsuit has been filed against the Georgia State Election Board, seeking to halt the implementation of two recently enacted rules that critics argue could potentially undermine the state's vote-counting process. The rules, which have garnered support from Republican nominee Donald Trump, have raised concerns about their impact on election integrity.
One of the new rules requires local election officials known as superintendents to conduct a "reasonable inquiry" before certifying an election, ensuring that the results are an accurate reflection of all votes cast. This represents a departure from the longstanding view that superintendents have a purely administrative role without the authority to address irregularities or fraud in elections.
The second rule mandates that all county election board members have access to all election-related documentation before certifying the results. While not clearly specifying which documents are included, this requirement has implications for counties where election boards also fulfill the role of superintendents responsible for tallying votes.
Critics argue that these new rules grant superintendents significant power to search for supposed irregularities in the election process and potentially refuse to certify the results based on their own subjective conclusions.
However, existing Georgia election law already allows parties to file lawsuits challenging election results if they suspect misconduct or fraud. Such legal challenges are typically resolved through the state court system, with evidentiary rules similar to those applied in other court cases. This process allows disputes to be settled after both sides have presented their arguments.
Opponents of the new rules contend that they provide local election officials with the authority to scrutinize documents for irregularities, potentially leading to the refusal of certifying an election based on individual interpretations of proper conduct. They fear that this power could be aggressively exploited by Trump's campaign if he loses Georgia in the upcoming election.
To challenge the new rules, the Democratic Party and several Democratic officials have filed a lawsuit claiming that they violate state election law, contradict previous state Supreme Court decisions on the role of superintendents, and were enacted without following proper procedure.
Governor Brian Kemp, a Republican who has had disagreements with Trump in the past, has also sought legal guidance on whether he has the authority to dismiss the three board members responsible for the new rules.
The outcome of the lawsuit remains uncertain as it was recently filed, but the initial court filing by the Democratic Party presents a compelling argument that Georgia law does not grant superintendents the power to delay certification or resolve election-related disputes. The lawsuit emphasizes that elections in Georgia should adhere to a well-defined process of tight deadlines for tabulating and certifying results to ensure a smooth and efficient election process.
Moreover, the lawsuit cites multiple provisions of Georgia election law that impose mandatory certification deadlines on local superintendents, leaving no room for subjective judgment on their part.
If the new rules remain in effect, there are concerns that Georgia's election process could face significant disruption and potential chaos. However, it is possible that the legal challenge or actions by Governor Kemp could prevent their implementation before the November election.
Ultimately, the lawsuit filed by the Democratic Party argues for the preservation of Georgia's election practices that have been in place for decades and are aligned with the standard procedures followed across the United States. The decision of Georgia's courts will be crucial in determining the future of these controversial new rules and their potential impact on the state's electoral process.