Georgia Gov. Brian Kemp is not obligated to investigate members of the State Election Board who have faced criticism for implementing last-minute changes to election procedures, according to an opinion from the state’s attorney general, Chris Carr. Carr, a Republican, stated that state law does not mandate a hearing process based on citizen submissions. This decision came after Georgia Democrats requested Kemp to investigate and remove three Republican members of the board for controversial rule changes and alleged partisan activity.
The dispute arose when three Republican members of the State Election Board utilized their majority to enact rules just before the election, prompting complaints from Democrats about their conduct. Kemp sought legal guidance from the attorney general on whether he had the authority to take action against members of the board. Carr’s opinion clarified that Kemp is not required to act in response to the complaints, providing the governor with political cover and potentially avoiding a clash with Republicans on the election board who have support from former President Donald Trump.
Kemp’s relationship with Trump had been strained after the governor refused to overturn the 2020 election result in Georgia. However, as the election approached, tensions eased, with Trump refraining from criticism and even praising Kemp on social media. Democrats, with the backing of Kamala Harris’ presidential campaign, filed a lawsuit last month to block the election rules in Georgia. The lawsuit challenges rules allowing officials to conduct inquiries before certifying results and giving county election boards authority to examine election-related documentation.
Critics argue that the new rules are vague and could be misused by county officials to delay certifying election results in a closely contested state like Georgia, where President Biden won by a narrow margin. Trump’s false claims of widespread voter fraud targeted Georgia, making the state a focal point of election integrity concerns. In Carr’s opinion, he noted that formal charges are required by state law before the governor can initiate an investigation, thereby setting a legal precedent for addressing complaints against State Election Board members.
The decision by the attorney general provides Kemp with a pathway to navigate political pressures surrounding the controversy over election rule changes in Georgia. It indicates that the governor is not bound to act on the complaints from Democrats seeking the removal of Republican members from the board. As the election draws closer, the focus remains on ensuring a fair and transparent electoral process, especially in a state with a history of contentious election outcomes and allegations of voter fraud. The legal opinion offers clarity on the governor’s authority in addressing concerns raised about the State Election Board’s actions.
