The Democratic parties at the state and national level have taken legal action by filing a lawsuit to challenge two new rules put forth by Georgia’s State Election Board. These rules have the potential to enable county officials to opt out of certifying election results, which could lead to significant delays in finalizing Georgia’s election outcomes. The lawsuit argues that these rules violate a state law mandating certification as a compulsory duty and asserts that the Election Board, currently influenced by allies of former President Donald Trump, is overstepping its legal authority.
This legal battle takes place against the backdrop of Georgia’s historical political divide over voting procedures, which predates the contentious 2020 presidential election. The lawsuit claims that the new rules could create chaos after elections and accuses the board of contravening state law that requires county officials to certify election results without discretion. The lawsuit emphasizes over a century of court precedents in Georgia that uphold the notion that county officials must certify election results with no room for deviation.
On the other side, supporters of the rules, primarily pro-Trump Republicans, argue that the rules reinforce the duty of county election boards to thoroughly scrutinize election results, highlighting that board members must vow to compile accurate results. They defend the changes as measures aimed at enhancing transparency and public confidence in the electoral process.
The current composition of the State Election Board, with three Trump-aligned members out of five, has sparked controversy. The Democrats allege that the board, previously considered unremarkable, has now become a tool for Trump’s agenda. These suspicions led to demands for the removal of the Trump-aligned board members due to alleged violations of state ethics laws. The lawsuit specifically targets the language in one rule requiring county officials to conduct a “reasonable inquiry” before certifying results and another rule allowing officials to inspect all election-related documentation.
It remains uncertain whether counties could effectively refuse to certify election results under the new rules. Any refusals could result in legal action compelling county boards to fulfill their legal obligations. Larger counties like Fulton County, typically Democratic-leaning, are unlikely to reject certification, making refusals more probable in smaller, more Republican-leaning counties.
