Georgia State Election Board Hand Count Rule Challenge

Lawsuit filed by the Democratic National Committee, Democratic Party of Georgia and local election officials in Fulton, DeKalb, Gwinnett and Forsyth counties against the Georgia State Election Board (SEB) challenging the board’s new rule requiring poll workers to verify the final results from voting machines by hand counting ballots. The plaintiffs argue that the hand count rule is invalid because hand counting conflicts with numerous state election laws and the SEB lacks the authority to make rules that contradict existing law. They also argue that the SEB violated the state’s Administrative Procedures Act, which requires state agencies to provide advanced public notice during the rulemaking process. The plaintiffs ask the court to invalidate the hand count rule and permanently block the SEB from enforcing it.

STATUS: On Oct. 16, 2024, 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 will not be in effect for the November election. Litigation will continue.

Last updated: October 17, 2024 10:58 am EST