ATLANTA — As Election Day approaches in less than three weeks, the status of newly implemented regulations affecting vote tally certifications in Georgia remains uncertain amid various legal challenges. The State Election Board, under the influence of three Republican members supported by former President Donald Trump, has recently adopted several rules that primarily focus on procedures post-ballot casting. In the previous 2020 presidential election, Trump faced a narrow defeat in Georgia to Democratic candidate Joe Biden and falsely alleged widespread fraud as the reason for his loss.

Multiple lawsuits, totaling at least half a dozen, have emerged from Democratic organizations, local election officials, and an initiative led by a former Republican lawmaker. Concerns have been expressed by legal experts, voting rights advocates, and Democratic groups that these rules might be exploited by Trump’s supporters to either postpone certifications or to cast doubt on the accuracy of the election results should he lose to Democratic Vice President Kamala Harris in the upcoming presidential election.

Early in-person voting commenced recently, achieving record-breaking numbers with over 310,000 ballots cast on the first day.

Here’s an overview of the new rules that are currently in contention:

**Temporary Block on Hand-Counting of Ballots**
One particular rule, which a judge has put on hold, mandates that three poll workers count the number of Election Day ballots manually to ensure the paper ballots align with the electronic tallies obtained from scanners and voting machines. Voters in Georgia use touchscreen machines that produce a paper ballot displaying their choices alongside a QR code; those paper ballots are then fed into a scanner for recording. If a scanner holds more than 750 ballots at the close of polling, the poll manager has the discretion to delay the counting until the next day.
Critics, including many local election officials, argue that this manual counting could delay the announcement of election outcomes and further burden poll workers who are already managing lengthy hours. They also claim inadequate training time for staff following the rule’s introduction in late September.
Proponents of the hand-count argue that the process would only take a few extra minutes and that memory cards with vote totals could be transmitted to central tabulation locations while the counting is underway, preventing delays in reporting results.
Recently, Fulton County Superior Court Judge Robert McBurney suspended the hand-count rule for the impending November election as he assesses its legal validity. Although he acknowledged the potential benefits of such a policy, he noted that it was too close to the election for implementation at this time. The State Election Board may contemplate appealing this ruling.

**Scrutiny on Certification Processes**
In a separate judgment, Judge McBurney ruled that county election officials must adhere to existing deadlines established in state law for certifying election results. This ruling arose from a case initiated by a Republican member of the Fulton County election board who requested a ruling that certification be regarded as discretionary. McBurney clarified that Georgia law does not empower county officials to assert allegations of fraud or make decisions based on such claims, maintaining that any suspicions should be referred to a district attorney or could serve as grounds for a post-certification electoral challenge.
In August, the State Election Board introduced two rules related to the certification procedure. The first stipulates the need for a “reasonable inquiry” before certification, although the specifics of this inquiry were not detailed. The second allows county election officials to review all election-related documentation during the election process.
While some advocate for these measures to ensure accurate vote tallies prior to official county approvals, critics fear they might provide avenues for delaying or denying certification.
Judge McBurney has yet to deliver a verdict regarding a challenge to these certification rules raised by both state and national Democratic organizations.

**Additional New Rules**
Several other newly instituted regulations offer expanded access for poll watchers in tabulation centers, aiming to enhance transparency. Nevertheless, critics express concern that this increased presence could facilitate harassment or interfere with poll workers’ duties. Other rules pertain to public visibility mandates for election-related data, requiring county officials to disclose daily voter statistics during early voting periods.

**Who is Opposing These Regulations?**
Election boards in multiple counties, including Cobb, DeKalb, and Muscogee, are contesting some of these regulations, with various county officials also entering lawsuits. The Democratic National Committee and the Democratic Party of Georgia have launched two lawsuits and joined a few others in challenging the rules. Furthermore, a group formed by former Republican state Rep. Scot Turner, known as Eternal Vigilance Action, has filed suit as well.
Brad Raffensperger, Georgia’s Republican Secretary of State and foremost election official, expressed concerns regarding the last-minute nature of these rules, arguing they could confuse voters and poll workers alike, eroding confidence in election outcomes. An association representing county election officials has additionally encouraged the state board to reconsider the implementation of new regulations.
Moreover, in a memo released last month, the office of Georgia’s Republican Attorney General Chris Carr cautioned that some of these rules seem to contradict existing legislation.