Lawsuit challenges Georgia’s new election certification rules
The Democratic Party of Georgia, with the support of Vice President Kamala Harris’ campaign, is asking a judge to weigh in on Georgia’s new rules for certifying election results.
“County officials across Georgia have already sought to block or delay certification after recent elections, and the amended rules give them new tools to try again,” wrote the petitioners.
The Democratic National Committee and several Democratic local election board members and state lawmakers also joined in the lawsuit, which was filed Monday in Fulton County Superior Court.
This month, the three Republican members of the State Election Board voted to approve new rules that could result in some local election board members declining to certify election results.
One rule specifies that if local election board members identify discrepancies, “no votes shall be counted from that precinct,” pending investigation. If board members identify an error they deem cannot be corrected, the board “shall determine a method to compute the votes justly.”
Most legal experts agree that local election boards do not have this discretion under Georgia law.
The petitioners are asking the court to declare that certifying election results is a mandatory duty, that election superintendents must certify the Nov. 5 election results no later than 5 p.m. on Nov. 12 and to block enforcement of the new rules if the court finds they are inconsistent with those tenets.
Georgia Secretary of State Brad Raffensperger, a Republican, has criticized the new rules and made clear that certification must be complete by Nov. 12 to comply with Georgia law.
“Activists seeking to impose last-minute changes in election procedures outside of the legislative process undermine voter confidence and burden election workers,” he wrote in a recent statement.
The three Republicans appointees on the five-member State Election Board have faced growing scrutiny for actions this summer, including approving several sweeping rule changes with little time to spare before early voting begins. Former President Donald Trump praised the members by name at a recent rally in Atlanta, calling them “pitbulls fight for honesty, transparency and victory.”
The trio are also facing several ethics complaints calling for the removal of the three Republican board members, which are under review by Republican Gov. Brian Kemp. The governor’s office says it is awaiting the guidance of the attorney general. Typically, the governor is charged with referring these cases to a state administrative court for review.
“We need the governor and Republican leadership to step up, to be the adults in the room, to call out these extremists and tell them what they are doing is wrong and if they want their candidate to win, he needs to win fair and square,” Democratic State Rep. Saira Draper said at a Monday news conference.
The new rules have also been criticized by the Georgia Association of Voter Registration and Election Officials, which called on the board to halt their implementation.
In a statement, Quentin Fulks, Harris-Walz principal deputy campaign manager, wrote that Republicans in Georgia have been laying the groundwork to challenge election results this fall.
“A few unelected extremists can’t just decide not to count your vote,” Fulks wrote.
Fulks added that the Democrats will win this case “and keep fighting so that every eligible voter can confidently cast their vote knowing it will count.”
Janelle King, a Republican state board member, told WABE on Monday that she has “100% confidence” that her actions have been legally and ethically sound.
The state Republican party also blasted calls to remove the GOP appointees.
“In no way do these rule changes interfere with anyone’s right to vote or cause undue burdens on election workers,” Georgia Republican Party Chair Josh McKoon wrote in a statement, affirming that the party leadership stands by the Republican members.
Several local election board members have already declined to certify primary elections this spring.
Attempts to stop the certification of election results, citing baseless claims of widespread election fraud, have been halted by the courts or state officials in other swing states like Michigan, Pennsylvania, Nevada and Arizona. But election experts worry that the attempts can harm voter confidence.
“Even if these refusals aren’t successful, each time someone refuses to certify or disrupt certification, it increases distrust when false information is already fueling things like threats and harassment against election officials,” said Lauren Miller Karalunas, counsel at the Brennan Center for Justice.
The State Election Board is set to consider additional rule changes at a meeting in late September, a few weeks before early voting begins.
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