Georgia Election Board Passes Rule That Could Delay Election Certification
The Georgia State Election Board passed a new rule with a 3-2 vote on Tuesday that could delay election certification and give board members more discretion to investigate elections.
The rule states that the 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.”
In 2022, nearly a dozen counties across the country refused to certify the election results, prompting lawsuits and court orders.
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The three Republican members of the board who voted in support of this rule — Janice Johnston, Rick Jeffares, and Janelle King — were called out by name by former President Donald Trump at a Saturday rally and thanked for their actions. He called them “pit bulls fighting for honesty, transparency, and victory.”
This is far from the first controversial rule this board has passed. Last month, the board held an illegal meeting to review new controversial election policies. But then nonpartisan watchdog group American Oversight sued them for doing so, which caused the board to withdraw the rules.
During Tuesday’s meeting, Johnston argued that the board can’t, in good conscience, certify an election unless they are certain that it was conducted fairly and accurately.
“Not all elections are certified,” Johnston said. “There are ballot battles and there are elections that need to be addressed carefully, and there may be issues that prevent a board from certifying.”
Also, in response to critics, she clarified that “we’re not asking the board to do a full election audit or a forensic audit, we’re just asking for a reasonable inquiry.”
Sara Tindall Ghazal, the sole Democratic member of the board, expressed her opposition to the rule at the meeting, arguing that “reasonable inquiry” is too vague and allows for “exploitation.” She also said the rule violates state law.
“The statute still mandates that counties certify by 5 p.m. on Monday [after the election], and they will be in violation of state law if they refuse to certify,” Ghazal said.
Additionally, Georgia Election Board Chair John Fervier read numerous objections from Democratic state legislators, like state Sen. Jason Esteves who said in a letter that “these rules, as proposed, create avenues for malicious actors to disrupt the election process under the guise of addressing discrepancies and could be exploited to sow doubt and distress in election outcomes.”