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In Atlanta, the stage is set for a high-stakes court case challenging a series of new election rules passed by Georgia’s State Election Board. On Monday, Democrats disclosed that they have filed a lawsuit against a newly implemented requirement for hand-counting the number of paper ballots at polling places after voting concludes. This unfolds just a day before a pivotal trial addressing other controversial election regulations is set to commence.

At the heart of Tuesday's trial, which will be presided over by Fulton County Superior Court Judge Robert McBurney, are two contentious rules related to vote certification. One rule mandates county officials to perform a "reasonable inquiry" before certifying election results, although it’s ambiguous about the specifics of such an inquiry. The other rule grants county officials the authority to examine all election-related documents.

The newly introduced hand-counting rule has sparked additional controversy. It demands that three workers at each polling location count the number of paper ballots—distinct from actual votes—on election night. This rule, passed by the Republican-majority State Election Board on September 20, is being challenged by state and national Democratic parties along with four county election officials. These plaintiffs argue the rule is likely unlawful, asserting it introduces a new requirement to the state election code improperly.

Recent changes have shifted the board’s power dynamics, granting Trump-endorsed Republicans a 3-2 majority in May. Over the past two months, this majority has enacted several new regulations, sparking concerns from Democrats and other critics, including Georgia's top elections official. Critics argue that implementing these rules so close to a general election could sow confusion and undermine public confidence in the vote results.

State lawyers defending the rules argue that the Democrats’ challenges are baseless and should be dismissed. They contend that the contested rules don’t explicitly conflict with Georgia’s statutes and characterize the Democrats’ arguments as speculative, focused more on potential interpretations than on the text. Moreover, the state's attorney general's office insists that county certification is mandatory according to existing state law and must be completed by 5 p.m. the Monday following an election, or the next day if Monday is a holiday, as is the case this year.

A separate lawsuit filed by a group led by a former Republican lawmaker also challenges the certification rules and the hand-counting requirement. Both legal disputes highlight the deep partisan divides over the administration of elections in the crucial swing state of Georgia. As the trial proceeds, it remains to be seen how these legal battles will impact the upcoming election and voter confidence in the electoral process.