Lawsuit Filed Against Georgia Election Board Over Controversial Hand-Count Rule
ICARO Media Group
**Democrats Challenge Georgia Election Board Over New Hand-Count Rule**
In a significant legal move, the Democratic National Committee and the Democratic Party of Georgia filed a lawsuit against the Georgia state election board on Monday, contesting a recently adopted rule mandating a hand-count of ballots cast on Election Day. The case was brought before the Fulton County Superior Court, targeting a decision that had been passed by a narrow 3-2 vote on September 20.
The controversial rule stipulates that in each voting precinct, the poll manager, along with two other workers, must separate ballots into stacks of 50 and perform a hand-count. The team is required to come to a unanimous agreement on the total count and ensure it matches machine tabulations. In the event of discrepancies, they must identify and correct the issue if possible.
This new directive has sparked considerable opposition from election officials and voting rights organizations within the state. Critics argue that the hand-count process may lead to significant delays, confusion after election night, and potential chain-of-custody issues. Experts have also highlighted that hand-counts are generally less reliable compared to machine counts, raising concerns about the integrity and efficiency of the election process, particularly in Georgia, which remains a crucial battleground in the current presidential race.
The lawsuit contends that the new hand-count rule is unlawful for several reasons. Firstly, Georgia law does not stipulate a hand-count requirement, and the state election board lacks the authority to impose new requirements beyond what is codified in state statutes. Secondly, the timing of implementing such a rule so close to an election is argued to be disruptive and counterproductive to the orderly conduct of elections, which is part of the board's mandate. Lastly, the complaint alleges that the board did not adhere to proper procedures in enacting the rule.
Georgia Attorney General Chris Carr had previously advised the state election board that the hand-count requirement was likely illegal, citing the absence of legislative provisions for such a mandate in state law. Despite this counsel, the board, which has recently seen a pro-Trump majority, proceeded with the rule. This board majority has implemented other contentious measures, including permitting local officials to conduct undefined "reasonable inquiries" before certifying election results and requiring explanations for discrepancies in voter check-in and ballot counts.
Prominent figures such as Brad Raffensperger, Georgia's Secretary of State, and even the Republican Attorney General have criticized the new rule. Democrats assert that the rule was engineered to obstruct the vote-counting process, especially in light of former President Donald Trump's continued efforts to challenge election outcomes.
The legal challenge includes plaintiffs from several key counties around Atlanta—Fulton, DeKalb, Gwinnett, and Forsyth—areas that are expected to significantly influence the election results in Georgia. The Democrats' lawsuit seeks to have the court deem the hand-count rule as exceeding the election board's statutory authority and to prevent the rule from being enforced in the upcoming election.