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Georgia Judge Seeks Clarity On Election Certification Rules

Fulton County Superior Court Judge Robert McBurney looks through paperwork, Monday, Aug. 14, 2023, in Atlanta. A judge on Friday, Sept. 8, is expected to release the full report compiled by a s

A Georgia judge expressed the need for clarity regarding a new election certification rule that has been deemed vague and potentially disruptive to the state's electoral process. The rule, which requires county election officials to conduct a 'reasonable inquiry' into election results before certifying them, has come under scrutiny by critics who fear it may introduce chaos into the battleground state post-Election Day.

State and national Democrats have filed a lawsuit against the Georgia State Election Board over this rule, along with another rule that allows officials to 'examine all election-related documentation created during the conduct of elections prior to certification of results.' During a recent bench trial, Fulton County Superior Court Judge Robert McBurney acknowledged the vagueness of the 'reasonable inquiry' rule and emphasized the need for clarification.

While a recent rule passed by the SEB requiring counties to hand-count ballots cast at polling places on Election Day has also faced legal challenges, Judge McBurney appeared to dismiss concerns about the 'examination rule' causing disruption to the certification process. He noted that the rule is permissive, allowing access to election documentation without imposing any mandatory obligations.

Democrats file lawsuit against Georgia State Election Board over vague certification rules.
Georgia judge calls for clarification on 'reasonable inquiry' rule for election certification.
Judge McBurney acknowledges need for clarity on 'reasonable inquiry' rule.

Despite the ongoing legal proceedings, all parties involved in the trial agreed that certification must be completed by November 12, as mandated by state law. However, Democrats continue to argue for safeguards against potential refusal by county election officials to certify election results under the new rules.

As the legal battle unfolds, the focus remains on ensuring transparency and adherence to election protocols in Georgia, a key battleground state in the upcoming election.

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