New rule may allow Georgia election boards to halt certifying results
The Georgia State Election Board approved a rule on Tuesday that may allow local election boards to refuse to certify election results. The measure takes effect ahead of the November election.
The rule is just one sentence long, but opponents worry it could have sweeping consequences this fall in a critical swing state if local election board members, driven by unsupported claims of election fraud, wield it to delay certifying the results or to reject them altogether.
State Election Board rules now say certification means “to attest, after reasonable inquiry, that the tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.”
State Election Board Member Sara Tindall Ghazal, a Democrat, said that the language, particularly the phrase “reasonable inquiry” is vague and could create chaos after the election. She also emphasized that Georgia law has not given local election boards discretion to vote against certifying the results. Challenges, she said, must be handled in the courts after certification.
“I want to make it clear for the record that this board is determining that 90 days before the election is not too late to be making changes to our election rules and procedures,” Ghazal said, criticizing the rush of significant rulemaking in the months leading up to a major election.
“I think by supporting this rule we are saying we stand with people who have to sign official documents saying the information is accurate and ensuring they have what is necessary to stand by that legal document,” said Janelle King, a Republican board member.
This move comes after some local GOP election board members have refused to certify primary elections this year, saying they did not have access to underlying records to verify the integrity of the results.
This statewide measure passed 3-2, with all Republicans voting in favor, with Ghazal, the board’s only Democrat, and the nonpartisan chair opposed. A lawsuit over the rule is expected.
At a Saturday rally in Atlanta, former President Donald Trump praised the three Republican members of the state election board.
“They’re on fire. They’re doing a great job,” Trump said. “Janice Johnston, Rick Jeffares and Janelle King, three people are all pitbulls fighting for honesty, transparency and victory.”
On Tuesday, the board also approved more rules around delivering advance voting ballots by drop box, a frequent target of activists promoting false claims about widespread election fraud.
The Republican members unilaterally advanced additional changes to election rules, which could receive final approval in September.
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