Georgia Election Board Passes Another Rule That Could Delay Certification of Results
The GOP-controlled Georgia State Election Board passed a new rule on Monday giving county election officials more power to delay the certification of election results. This follows the passage of a rule on Aug. 6 that could result in this same outcome.
In their meeting Monday, the board voted 3-2 to pass a rule that prohibits a county election board from certifying results if there is a discrepancy between the number of ballots distributed and the number of voters until the board investigates the discrepancy.
It also allows county election board members to “examine all election related documentation created during the conduct of elections prior to certification of results.”
Matt Weiss, an attorney representing the Democratic Party of Georgia, explained this rule violates Georgia law that clearly states the “certification of elections is a ministerial duty” of election superintendents and county election boards. Essentially, this means this is a duty these officials are required to perform under the law, and it’s not discretionary.
“The number of voters, the number of ballots and the number of votes should all be the same. This is just common sense,” Janice Johnston, one of the Republican board members, said. “Georgians need to know that their vote counts and their vote matters. They need to trust their elections.”
Sara Tindall Ghazal, the sole Democratic member of the board, said she agrees with this, but it’s not the board’s responsibility to ensure this. She said if there are more votes cast than there are unique voters, then that is reported out to the proper authorities, but the board still certifies the results in the meantime.
“It is up to a judge to determine the proper procedures at that point,” Ghazal said. “It is not the role of the county board to try to change vote totals. It is the role of the county board to certify the totals and allow the judicial process to be triggered as an election contest cannot occur until this is certified.”
The Election Integrity Network, a right-wing group, pushed former Fulton County election officials to submit this rule in the first place, according to reporting from ProPublica. This group was founded in 2021 by former Trump lawyer Cleta Mitchell, and it’s one of the largest groups leading voter challenge efforts.
By passing this rule, the three Republicans on the Georgia State Election Board — who have been praised by former President Donald Trump — continue to advance their mission of giving election officials more power to prevent or delay the certification of results.
Earlier this month, the board passed a rule stating that county election boards 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.”
The board’s next meeting is scheduled for Sept. 20 to consider additional rules that could threaten democracy and the administration of the 2024 election.