State of Georgia

Georgia State Election Board Certification and Drop Box Rules Challenge

Eternal Vigilance Action v. State of Georgia

Lawsuit filed by Eternal Vigilance Action, former Georgia State House Rep. Scott Turner (R) and Chatham County Election Board member James Hall (R) against the state of Georgia challenging four new election rules recently passed by the Georgia State Election Board (SEB). 

The Reasonable Inquiry Rule would require local election officials to conduct a “reasonable inquiry” to ensure that final election results are complete and accurate before certifying them. The Examination Rule would allow individual county board of election members to examine all the documents related to an election before certifying the results. The Drop Box Rule would require 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. The Surveillance Rule would require polling officials to maintain recorded video surveillance of all drop boxes.

The plaintiffs argue that by creating these rules without receiving any guidelines or delegated authority from the Legislature, the SEB violated the state constitution. They also argue that each rule violates the laws surrounding certification, early and absentee voting. Lastly, they argue that all SEB rulemaking is unconstitutional and that any rules it has made or will make are invalid.

The plaintiffs ask the court to strike down these new rules and all SEB rules as unconstitutional and block Georgia and SEB from enforcing them.

STATUS: The plaintiffs filed their complaint on Sept. 11, 2024. Georgia has not responded yet.

Case Documents

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