A county judge in Georgia on Tuesday blocked a new rule passed by the GOP-controlled State Elections Board that would have mandated a hand count of ballots. Judge Robert C.I. McBurney said that such a sweeping change so close to an election, and one that has been criticized by election officials as an attempt to delay the results to sow doubt on the process, was “too much, too late.”
The decision only affects the current election. McBurney said that he is weighing the rule's merits and whether it could be applied in future cycles.
Nevertheless, the outcome is a relief to voting rights activists and election officials, including state Attorney General Christopher M. Carr, a Republican who warned that the State Elections Board was overstepping its authority in pushing through the change just before the election.
In a statement, Vice President Kamala Harris' campaign praised the judge's decision, saying that "this rule was an effort to delay election results to sow doubt in the outcome, and our democracy is stronger thanks to this decision to block it."
The rule was set to come into effect on Oct. 22, seven days after early voting commenced and less than two weeks before election day. While McBurney, a judge appointed by Republican former Gov. Nathan Deal in 2012, made his decision largely on those grounds. He said that while the board "may be right" about the hand counts being "smart election policy," he also criticized the rule as overly vague and lacking clear parameters.
"As of today, there are no guidelines or training tools for the implementation of the hand count rule,” McBurney wrote. “Nor will there be any forthcoming: the secretary of state cautioned the S.E.B. before it passed the hand count rule that passage would be too close in time to the election for his office to provide meaningful training or support.”
McBurney's decision on the hand count rule is the second time he blocked a GOP election proposal in 24 hours. On Monday, he rejected an argument by allies of former President Donald Trump that local election officials can refuse to certify election results. Once again, McBurney cited bad timing as the crux of his reasoning.
“This election season is fraught; memories of Jan. 6 have not faded away, regardless of one’s view of that date’s fame or infamy,” he wrote. “Anything that adds uncertainty and disorder to the electoral process disserves the public.”
