The state and national Democratic parties have filed a lawsuit in Atlanta to block two recent rules adopted by Georgia’s State Election Board that could potentially be used by county officials to refuse to certify election results, causing delays in finalizing the state’s results. The lawsuit argues that the rules violate state law that mandates certification and that the State Election Board is exceeding its legal authority. The actions of the board, now controlled by allies of former President Donald Trump, have raised concerns among Democrats and voting rights activists, sparking a legal battle in Georgia over the certification of election results.
The lawsuit contends that the new rules could lead to post-election chaos, alleging that the State Election Board is going against state law that mandates county officials to certify results. The rules are seen as giving county officials the discretion to delay or refuse certification, which does not align with more than a century of court precedent in Georgia stating that county officials must certify election results. Pro-Trump Republicans argue that the rules simply reinforce a county election board’s duty to thoroughly examine election results, with the goal of increasing transparency and public confidence in the electoral process.
The takeover of the State Election Board by Trump-aligned Republicans has raised suspicions among Democrats that the board has become a tool of the former president. Democratic lawmakers have accused the board of attempting to suppress votes and create barriers to counting and certifying results in favor of Trump. Calls have been made for Governor Brian Kemp to remove the three Trump-aligned members from the board for violating state ethics laws. The lawsuit specifically targets language added by one of the rules requiring county officials to conduct a “reasonable inquiry” before certifying results and allowing them to examine election-related documentation, arguing that alleged fraud or misconduct should be handled by courts, not county officials during the tallying process.
There is uncertainty surrounding whether counties could successfully refuse to certify election results under the new rules. It is likely that lawsuits would be filed to compel county boards to carry out their legal duties in the event of a refusal to certify. While larger, more Democratic-leaning counties are expected to certify results, smaller, more Republican counties may be more inclined to reject certification. In the past, state officials have had to intervene to compel certification in certain counties. The lawsuit has been filed by Democratic county election board members and voters, as well as two Democratic state lawmakers and the state and national Democratic parties.
Overall, the lawsuit filed by the state and national Democratic parties seeks to challenge the recent rule changes adopted by Georgia’s State Election Board, arguing that they could lead to potential delays and chaos in the certification of election results. The legal battle reflects the continuing partisan struggles over voting procedures in Georgia and raises concerns about the impartiality of the State Election Board, now controlled by Trump-aligned Republicans. Democrats fear that the new rules could create barriers to counting votes and certifying elections in a way that benefits Trump and undermines the democratic process. The outcome of the lawsuit will likely have implications for future electoral processes and the integrity of Georgia’s election system.
