Georgia DeKalb County State Election Board Rules Challenge

Lawsuit filed by DeKalb County, its board of registration and elections and DeKalb County CEO Michael Thurmond (D) against the Georgia State Election Board (SEB) challenging three rules the board passed on Sept. 20, 2024. The plaintiffs allege these rules conflict with state election laws, adding unnecessary and burdensome requirements to the election process. The Georgia Administrative Procedures Act (APA) requires rulemaking bodies to issue reasonable rules within the bounds of their legal authority. The law also requires rulemaking bodies to fully consider comments from members of the public before approving new rules. The plaintiffs allege the SEB did not fully consider public comments concerning the new rules and exceeded its authority by passing three unreasonable election rules set to take effect on Oct. 22. They argue these rules will impose significant burdens on election officials and create legal uncertainty about their election duties. The plaintiff asks the court to invalidate these rules and block the SEB from enforcing them.

Hand Count Rule

This rule requires election workers in each precinct to verify the total vote count by hand counting ballots after the polls close on Election Day. The rule is set to take effect on Oct. 11, 2024.

Poll Watcher Rule

This rule increases the number of designated locations where poll watchers may observe the election process. The rule is set to take effect on Oct. 11, 2024.

Daily Reporting Rule

This rule requires counties to issue a daily report with details of which voters have cast their votes early or through absentee ballots. The rule is set to take effect on Oct. 11, 2024.

STATUS: The plaintiffs filed their petition on Oct. 2, 2024. The SEB has not responded yet.

Last updated: October 3, 2024 3:55 pm EST