The Democratic Party in Georgia has filed a lawsuit challenging a new rule that requires the number of paper ballots to be counted by hand at polling places after the close of voting. This comes amidst a trial set to begin on a challenge to two other controversial rules concerning the certification of vote tallies. The rules were passed by Republicans who hold a majority on the State Election Board, and have raised concerns about potential confusion and a lack of public confidence in election results. The trial set to begin before a Superior Court Judge will determine the legality of the rules, which could impact the upcoming presidential election.
The lawsuit specifically targets a rule that mandates three workers at each polling place to count the number of paper ballots by hand on election night, after voting ends. The Democratic parties argue that this rule could be unlawful, as it adds a new requirement to the state election code, and was passed against advisement from the attorney general’s office and the secretary of state’s office. The rule was implemented by a majority of Trump-endorsed Republicans on the board, leading to concerns that it could be used to cast doubt on the election results if the swing state goes to the Democratic Vice President Kamala Harris.
The challenge also questions the validity of the new certification rules passed by the board, arguing that election superintendents have a duty to certify election results by a specific deadline provided in the law. The State Attorney General’s office representing the State Election Board contends that the challenge is unnecessary, as the existing law already mandates county certification by a specific deadline. Both parties are at odds over the interpretation of the rules, with Democrats asserting that the intent behind the rules was to allow for discretionary certification by county boards, while state lawyers argue against this interpretation.
The litigation surrounding the new rules has become a contentious issue, with both Democratic and Republican parties joining the fight on the board’s side. Democrats believe that the rules provide officials with tools to delay or block certification, further complicating the election process. State lawyers argue that the challenge should be dismissed based on sovereign immunity, which protects state and local governments from lawsuits unless expressly agreed upon. The outcome of the trial could have far-reaching implications for the upcoming presidential election, as both parties continue to clash over the interpretation and enforcement of the new rules.
Lawyers on both sides have cited a 2006 U.S. Supreme Court ruling regarding the changing of election rules close to an election, with Republicans arguing against prohibiting the enforcement of the new rules in the final weeks before voting starts. Democrats contest that the ruling applies to federal courts, not state courts, and even if it did apply, it would support their argument against changing longstanding election rules close to an election. The trial is set to begin amidst heightened tensions and political polarization, with the results likely to impact the integrity and transparency of the upcoming election process in Georgia.
In conclusion, the legal challenge to the new election rules in Georgia highlights the ongoing battle between Democrats and Republicans over the administration of elections. The outcome of the trial could determine the process of certification and ballot counting in the upcoming presidential election, with both parties adamant in their interpretation of the rules. As the trial proceeds, the integrity of the election process in Georgia hangs in the balance, with potential implications for voter confidence and the overall outcome of the crucial swing state in the presidential election.
