Georgia State Election Board Faces Barrage of Lawsuits
Seven of the Georgia State Election Board’s (SEB) controversial rules were supposed to go into effect in October, but on Oct. 16, a superior court judge in Fulton County permanently blocked them.
Then, on Oct. 22, the Georgia Supreme Court rejected the Republican National Committee’s (RNC) plea to reinstate the rules, so they remain blocked for the 2024 election.
These rulings could’ve delayed election results and certification and led to election officials and members of the public spreading allegations of fraud and casting doubt on the credibility of the election.
However, it’s not over yet. There are three other rules that a judge still needs to consider in a lawsuit filed by the Cobb County Board of Elections and Registration. They went into effect on Oct. 22.
While the lawsuits have been directed at the entire five-member board, many of the SEB’s rules have been passed with a 3-2 vote with the three MAGA members — Janice Johnston, Rick Jeffares and Janelle King — supporting them. These members have been personally praised by former President Donald Trump.
Within the past month, Georgia’s state election board has faced seven lawsuits over the board’s restrictive new rules.
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Blocked rules:
Fulton County Superior Court Judge Thomas Cox permanently blocked these rules Oct. 16 in Eternal Vigilance Action v. State of Georgia.
Hand Count Rule (Passed on Sept. 20): Would have required three election workers to unseal every box of ballots printed from scanner machines at a polling location and hand count them to ensure that their counts match the machine totals. This rule would’ve required election workers to count the total number of ballots, but not which candidate received more votes.
Daily Reporting Rule (Passed on Sept. 20): Would have required counties to issue a daily report with details of which voters have cast their votes early or through absentee ballots.
Poll Watcher Rule (Passed on Sept. 20): Would have increased the number of designated locations where poll watchers may observe the election process. Fulton County Superior Court Judge Thomas Cox permanently blocked this rule on Oct. 16.
Examination Rule (Passed on Aug. 19): Allows individual county election board members to “examine all election related documentation created during the conduct of elections prior to certification of results.” Fulton County Superior Court Judge Thomas Cox permanently blocked this rule on Oct. 16.
Reasonable Inquiry Rule (Passed on Aug. 6): States that a county board can only certify an election “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.” Fulton County Superior Court Judge Thomas Coxpermanently blocked this rule on Oct. 16.
Drop Box Rule (Passed on Aug. 6): Requires voters who drop off an absentee ballot at a drop box location to provide a signature, photo ID, and, if applicable, evidence of their relationship to the person whose ballot they are submitting. Fulton County Superior Court Judge Thomas Cox permanently blocked this rule on Oct. 16.
The Surveillance Rule (Passed on Aug. 6): Requires video surveillance at ballot drop boxes and states that ballots placed in non-monitored drop boxes should not be counted. Fulton County Superior Court Judge Thomas Cox permanently blocked this rule on Oct. 16.
Rules in effect:
Reconciliation Reports Rule (Passed on Sept. 20): Mandates counties to publish online reports detailing the difference between the number of total ballots cast and the total number of voters reported voting in each precinct. This rule went into effect Oct. 22.
Reconciliation Rule (Passed on Sept. 20): Requires either each county board of elections or election workers to verify the total ballot count against tabulation tape from each individual ballot scanner in the county. This rule went into effect Oct. 22.
Recorded Count Rule (Passed on Sept. 20): Requires an election worker and two witnesses to record the ballot count from the tabulation tape in every ballot scanner in a given polling location. This rule went into effect Oct. 22.
Lawsuits:
Eternal Vigilance Action v. State of Georgia
Status: Fulton County Superior Court Judge Thomas Cox permanently blocked the seven rules challenged in the case for the 2024 election and beyond on Oct. 16. The Republican National Committee (RNC) and Georgia Republican Party — intervenors in the case — appealed the decision to the Georgia Supreme Court the next day. On Oct. 22, the Georgia Supreme Court rejected the RNC’s plea to reinstate the rules, so they remained blocked for the 2024 election.
Eternal Vigilance Action, former Georgia State House Rep. Scott Turner (R) and Chatham County Election Board member James Hall (R) filed a lawsuit against the board over the Reasonable Inquiry Rule and Examination Rule, along with the Drop Box Rule and Surveillance Rule.
In an amended complaint on Sept. 25, the plaintiffs stated that they are also challenging the Hand Count Rule, Poll Watcher Rule and Daily Reporting Rule.
The GOP plaintiffs argued that the unelected board members’ rules are “an unconstitutional delegation of legislative authority.” Also, they claimed that the rules violate state laws regarding certification and early and absentee voting.
The plaintiffs asked the Superior Court of Fulton County to strike down these new rules and all SEB rules as unconstitutional and block the state of Georgia and the SEB from enforcing them.
Cobb County Board of Elections and Registration v. State Election Board
Status: Fulton County Superior Court Judge Robert McBurney blocked the Hand Count Rule from going into effect for the 2024 election on Oct. 15. He didn’t address the other five rules in his decision.
The Cobb County Board of Elections and Registration sued the board to challenge the Hand Count Rule, Poll Watcher Rule, Daily Reporting Rule, Reconciliation Reports Rule, Reconciliation Rule, and the Recorded Count Rule, which were all passed on Sept. 20.
The county elections board alleged that these rules conflict with state election laws, adding unnecessary and burdensome requirements to the election process. In violation of the Georgia Administrative Procedures Act (APA), the SEB didn’t fully consider public comments at its Sept. 20 meeting and exceeded its authority by passing six unreasonable election rules set to take effect only 22 days before the 2024 election, the county board argued.
The plaintiff asked the Superior Court of Fulton County to invalidate the rules and block the SEB from enforcing them. The board specifically asked the court to decide this case on an expedited basis.
Crawford v. State Election Board
Status: On Oct. 16, a judge denied the DNC’s motion for a preliminary injunction due to a separate order in another case blocking the hand count rule. The hand count rule was not in effect for the November election. Litigation will continue.
The DNC, the Democratic Party of Georgia and county election officials sued the board challenging the Hand Count Rule.
The plaintiffs argued that the SEB has usurped the legislature’s power in passing this rule and claimed that the board doesn’t have the authority to pass a rule so close to an election when poll workers have already been trained and voters have begun casting ballots.
Additionally, the board violated the state’s APA, which requires state agencies to provide advanced public notice during the rulemaking process, the plaintiffs argued.
The Democrats asked the Superior Court of Fulton County to invalidate the Hand Count Rule and permanently block the board from enforcing it.
The Fulton County Board of Registration and Elections v. State of Georgia
Status: The Fulton County Board of Registration and Elections voluntarily dismissed this lawsuit on Nov. 15.
The Fulton County Board of Registration and Elections sued over the SEB’s proposed plan to appoint its own election monitors to observe Fulton County’s election process during the November election and require the county to pay for these hand-picked monitors.
The county board argued that the plan violates Georgia election law, which doesn’t give the SEB the authority to force county boards of election to accept or pay for election monitors appointed by the SEB.
The board asked the Superior Court of Fulton County to block the SEB from appointing election monitors to observe the election process in Fulton County during the upcoming election.
Abhiraman v. State Election Board
Status: A bench trial was held on Oct. 1, and the parties await a decision.
The Democratic National Committee (DNC), the Democratic Party of Georgia, a Democratic candidate for the Georgia House of Representatives, local election officials and voters sued the SEB over the Reasonable Inquiry Rule and Examination Rule.
The Democrats argued that these two rules violate Georgia laws requiring election officials to certify results by the statewide deadline and that the certification of election results is a mandatory duty and election superintendents don’t have the discretion to delay certification or not to certify at all.
The plaintiffs asked the Superior Court of Fulton County to invalidate the rules or declare that they can only be followed in a way that doesn’t interfere with election officials’ mandatory duties under the law. They also urged the court to clarify that all county election officials must certify the 2024 election results by 5 p.m. on Nov. 12.
Muscogee County Board of Elections and Registration v. State Election Board
Status: The plaintiff filed its petition on Oct. 9.
The Muscogee County Board of Elections and Registration brought a legal challenge against the Hand Count rule.
The county elections board argued that this rule is invalid because it conflicts with numerous state election laws. Also, the board argued that it violates the state’s APA because the SEB failed to fully consider public comments or provide responses to specific objections to the rule during the rulemaking process, and it will impose significant administrative burdens on county boards of election.
The county board asked the Superior Court of Muscogee County to declare the rule invalid and block the SEB from enforcing it.
Thurmond v. State Election Board
Status: A hearing was scheduled in the case for Friday.
DeKalb County, along with the county’s CEO Michael Thurmond (D) and its board of registration and elections, petitioned a court to block the SEB’s Hand Counting Rule, Poll Watcher Rule and Daily Reporting Rule.
The county officials argued that these rules conflict with state election laws because they add unnecessary and burdensome requirements to the election process. They argued that the SEB violated the state’s APA because the board members didn’t fully consider public comments concerning the new rules and exceeded its authority by passing three unreasonable election rules set to take effect only three weeks before the November election.
The plaintiffs asked the Superior Court of Dekalb County to invalidate these rules and block the SEB from enforcing them.
This article was updated on Nov. 20, 2024, to add that the Fulton County Board of Registration and Elections voluntarily dismissed its lawsuit against the State Election Board on Nov. 15.
Democracy Docket will update the status of these cases as litigation continues.