Democrats sue Georgia State Election Board to block last-minute ballot hand-count rule
The Democratic National Committee and Democratic Party of Georgia filed a lawsuit Monday to block Georgia's controversial ballot hand-count rule from going into effect in the upcoming presidential election.
Three Republican members of the election board passed the rule Sept. 20 over the objections of their two colleagues and the advice of Republican Georgia Attorney General Chris Carr.
The rule requires three separate individuals in each of Georgia's voting precincts – there are 2,400 precincts, according to Republican Secretary of State Brad Raffensperger – to hand count the ballots before the county deadline to certify election results. The hand-counters must ensure they each arrive at the same totals and that those totals match figures generated by machines. A poll manager must correct any inconsistency "if possible" and document it.
"If the Hand Count Rule is allowed to go into effect, the general election will not be orderly and uniform – large counties will face significant delays in reporting vote counts," and "election officials will struggle to implement new procedures at the last minute," the lawsuit states.
The suit also argues the hand-count rule jeopardizes the security of ballots.
The state election board members – who have been praised publicly by former President Donald Trump as “pit bulls fighting for honesty, transparency, and victory" – didn't immediately respond to requests for comment, nor did Carr, the state attorney general.
The rule's supporters say it will strengthen public confidence in the reported results and doesn't change the requirement for Georgia's counties to certify their results by Nov. 12.
"These rules ensure chain of custody on election night so that there are no missing ballots," said board member Janice Johnston, one of the three members behind the rule, at a public meeting Sept. 24.
In a letter to the board ahead of its Sept. 20 vote, Carr said the state legislature hadn't legally authorized the board to pass the rule. He also said it's generally a bad idea to pass new rules about how to conduct elections so close to Election Day.
Raffensperger also advised against the proposal, and has referred to a number of the board's last-minute election changes as "a mess."
What do Democrats want the courts to do?
Democrats are arguing the hand-count rule violates Georgia's election laws, exceeds the board's authority to pass rules, and runs afoul of basic limits on the power of agencies.
"The Hand Count Rule is so improper on its face that both Georgia’s chief elections officer and chief law enforcement officer felt compelled to speak out in opposition prior to the Rule’s adoption," Democrats said in their lawsuit.
Democrats are asking a trial court in Atlanta, Georgia's Fulton County to declare that the rule exceeds the board's authority and block it from going into effect.
In a statement released in support of the lawsuit, Harris-Walz Principal Deputy Campaign Manager Quentin Fulks said "Democrats are stepping in to ensure that Georgia voters can cast their ballots knowing that they will be counted in a free and fair election.”
Democrats have also sued the board over two rules passed in August, one requiring county election boards to conduct a "reasonable inquiry" before certifying results, and the other allowing local election officials to examine election-related documentation before certification. That case is going to trial before a judge on Tuesday.
This article originally appeared on USA TODAY: Democrats sue Georgia election board over last-minute hand-count rule