A group led by former state Rep. Scot Turner, a Republican, is challenging Georgia’s new requirement that poll workers count the total number of ballots by hand. The group, Eternal Vigilance Action, believes that the State Election Board is overstepping its legal authority. The lawsuit, scheduled for October 4th, aims to overturn the rules or at least put them on hold until after the November presidential election.
The new ballot counting rule, along with two others related to county certification of vote totals, was passed by a majority on the State Election Board, which includes three Republican partisans praised by former President Donald Trump. Democrats, voting rights groups, and others have expressed concerns that these rules could potentially cause chaos and undermine confidence in the election results in Georgia, a crucial swing state in the upcoming election.
Turner argues that the State Election Board, as part of the executive branch, should not have lawmaking authority, as they are not elected and therefore not accountable to voters. The new rule requires poll workers to count the number of ballots at each polling place to ensure accuracy. Proponents say the rule is necessary to match the number of paper ballots with totals recorded on scanners, check-in computers, and voting machines. The rule also outlines the process for resolving any discrepancies during the counting.
Attorney General Chris Carr’s office warned that the ballot counting rule is likely beyond the board’s authority and may not survive a legal challenge. The lawsuit by Eternal Vigilance Action challenges not only the ballot counting rule but also rules that require daily public updates of votes cast during early voting and potentially allow more partisan poll watchers to observe vote tabulations. Republican Secretary of State Brad Raffensperger and county election officials have also expressed concerns about the rule’s potential impact on election night reporting and the chain of custody for ballots.
Aside from the challenges by Eternal Vigilance Action, another lawsuit from state and national Democratic groups is also contesting the certification rules adopted by the State Election Board. The Board has faced criticism for considering new rules, many of which are proposed by Trump allies, that opponents fear could damage public confidence in election results. Turner believes that the Board’s actions are providing ammunition for conspiracy theorists to attack the legitimacy of elections, particularly based on complaints from a vocal minority of Republican voters. Critics argue that the rules could potentially undermine the integrity of the electoral process in Georgia.
