Georgia’s State Election Board has approved a new rule that requires poll workers to count paper ballots by hand after voting is completed. This decision has sparked controversy as it goes against the advice of the state attorney general’s office, the secretary of state’s office, and an association of county election officials. Critics of the rule worry that it could delay the reporting of election night results. The board’s decision was supported by three Republican members who were praised by former President Donald Trump during a recent rally in Atlanta, while the lone Democrat on the board and the nonpartisan chair voted to reject it.
The office of state Attorney General Chris Carr raised concerns about the new rule in a memo sent to election board members, stating that no provision in state law allows for hand counting of ballots at precincts. The memo warned that any rule that exceeds the board’s authority is likely to face legal challenges. Two rules passed by the board last month related to certifying vote counts have already been challenged in separate lawsuits, with a trial set for October 1 on the Democrats’ lawsuit. Secretary of State Brad Raffensperger has also criticized the hand counting rule, stating that it could delay the reporting of election results and introduce risks to chain of custody procedures.
The new rule requires the number of paper ballots to be counted at each polling place by three separate poll workers until all three counts match. If a scanner has more than 750 ballots inside at the end of voting, the count may begin the following day. The rule aims to ensure that the number of paper ballots aligns with the electronic tallies on scanners and voting machines. However, several county election officials have expressed concerns that a hand count could delay the reporting of election night results and place additional burdens on poll workers. Georgia Association of Voter Registration and Election Officials leaders have warned that the rule could undermine confidence in the election process.
Despite concerns raised by various officials, board member Janelle King defended the rule, stating that accuracy should take precedence over speed. She emphasized the importance of ensuring that the number of ballots is correct, even if it means delaying election night reporting slightly. Chairman John Fervier cautioned that the board may be exceeding its authority by approving the rule against the advice of lawyers. Some states, like Illinois, have been counting ballots by hand for years without any reported delays or impacts on ballot security. The U.S. Election Assistance Commission guidelines recommend balancing the total number of ballots cast with the number of voters processed but do not specifically call for a hand count of ballots from a tabulator.
The State Election Board also tabled a proposal for a similar hand count at early in-person voting locations until 2025. The board considered a total of 11 new rules, adopting some minor changes and tabling more complicated ones. The Georgia Association of Voter Registration and Election Officials had previously urged the board not to consider new rules when Election Day is less than 50 days away. The board’s decision to approve the hand counting rule has sparked debate and criticism, with concerns about potential delays in reporting election results and the impact on public confidence in the electoral process.
