Georgia Supreme Court rules against State Election Board voting rules


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Georgia Supreme Court Ruling

The Georgia Supreme Court issued a ruling that restricts the State Election Board's (SEB) ability to create voting policies that are not explicitly supported by state laws. The court deemed four of the SEB's rules unlawful, including a hand count of ballots and a "reasonable inquiry" before certifying results. However, the court upheld a rule requiring constant surveillance of ballot drop boxes.

Key Rules Challenged

  • Hand count of ballots: Deemed illegal.
  • "Reasonable inquiry" before certification: Deemed illegal.
  • Constant surveillance of ballot drop boxes: Deemed legal.

Two other rules, pertaining to poll watcher access and daily vote count reporting, require reconsideration by a lower court.

Background and Arguments

The lawsuit challenging these rules was filed by the conservative organization Eternal Vigilance Action. Supporters of the SEB argued the rules supplemented, not contradicted, state law, while opponents (including Democrats and election officials) claimed they could have disrupted the 2020 election. Supporters of the rules countered that they would enhance election accuracy and trustworthiness.

Impact of the Ruling

The ruling limits the SEB's power, primarily confining its role to investigating fraud and irregularities, and imposing fines and referring allegations to prosecutors. The court emphasized that voting procedures should be determined by elected representatives, not an appointed board.

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“Although it is not certain that these rules would actually lead to the rejection of votes that have been cast, the threatened violation of a plaintiff’s rights is sufficient to establish standing” that they were able to sue, wrote Chief Justice Nels Peterson. “The SEB can pass rules to implement and enforce the election code, but it cannot go beyond, change or contradict the (the law).”

The Supreme Court ruling restricts the State Election Board from creating voting policies, without the support of laws approved by the Georgia General Assembly.

ExploreGeorgia Supreme Court questions State Election Board on last-minute voting rule changes

The court found that four of the board’s rules weren’t allowed by Georgia law, including a hand count of the number of ballots cast and a “reasonable inquiry” before certifying results.

While striking down those rules, the justices found that another rule requiring ballot drop boxes to be removed from use if they’re not under constant surveillance is legal. Two other rules dealing with poll watcher access and daily reporting of vote counts must be reconsidered by a lower court.

The ruling came in a lawsuit by conservative organization Eternal Vigilance Action against the State Election Board and the Republican Party.

Supporters of the State Election Board said its rules supplemented state voting laws without contradicting them.

The Supreme Court disagreed, saying that voting procedures are decided by elected representatives, not by an appointed board. The board’s five members are chosen by the Republican Party, Democratic Party, state House, state Senate and governor.

Opponents of the rules, including Democrats and election officials, said the rules could have disrupted last year’s presidential election.

An election night count of the number of ballots cast could have led to delays, critics said, and requiring a “reasonable inquiry” before certifying results could have given county election boards an excuse to reject results.

Supporters of the rules said they would have made elections more trustworthy and accurate.

Without the ability to create these kinds of voting rules, the State Election Board is more limited in its authority.

The board’s primary role is to review investigations of fraud and irregularities, with the power to impose fines up to $5,000 per violation and refer allegations to prosecutors.

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