A judge in Atlanta is currently reviewing two new rules from the Georgia State Election Board that pertain to the certification of election results by counties. Proponents argue that these rules are essential to ensure the accuracy of vote totals before county officials certify them. However, critics express concerns that supporters of former President Donald Trump could potentially exploit these rules to delay or deny certification if he loses the state to Democratic Vice President Kamala Harris, leading to confusion and undermining the election results.
All parties involved in a lawsuit challenging the rules agreed that certification is mandatory and must be completed by November 12 at 5 p.m. for this year's general election. The State Election Board is not permitted to alter this certification deadline.
One of the new rules outlines a definition of certification that includes conducting a 'reasonable inquiry' before certifying results, without specifying the parameters of this inquiry. The other rule allows county election officials to review all election-related documentation created during the election process.
The lawsuit against the State Election Board was filed by the state and national Democratic parties, several county election board members, Democratic voters, and two Democratic state lawmakers seeking reelection. The lawsuit seeks confirmation that election superintendents do not have the discretion to withhold or delay certification and requests the invalidation of the new rules if they allow such discretion.
During the hearing, the judge expressed concerns about the vagueness of the 'reasonable inquiry' rule and suggested that clarification is needed. However, he appeared less troubled by the 'examination rule,' which uses permissive language rather than mandatory terms.
The judge emphasized the importance of adhering to the certification deadline defined by law and indicated that the scope of inquiry should not extend beyond that date. The State Election Board's Republican majority has faced criticism for passing multiple election rules in recent months, with objections from Democratic appointees and nonpartisan officials.
Several lawsuits have been filed challenging the new rules, including one that contests a requirement for three poll workers to manually count paper ballots at polling places after voting concludes on Election Day. The legal proceedings are ongoing as the judge considers the implications of the contested election rules.
