Appeal filed in suit to remove GOP-backed Georgia Election Board members
A meeting of the State Elections Board.
ATLANTA - Several Georgia Democrats have filed an appeal seeking to force Gov. Brian Kemp to investigate and potentially remove three Republican members of the State Election Board over rule changes they claim could undermine the integrity of the upcoming election.
State Sen. Nabilah Islam Parkes, D-Duluth, former Fulton County Election Board Chair Cathy Woolard, and Democratic state Senate candidate Randal Mangham filed the suit, alleging that the three board members — Janice Johnston, Janelle King, and Rick Jeffares — violated state law and ethics codes. The Democrats sought an administrative law hearing as the first step in the process to remove the trio from their positions.
That lawsuit was thrown out last week, but Monday, the trio filed a notice of appeal for the Georgia Court of Appeals to review the merits of the case.
The rule changes, approved in recent months, have drawn sharp criticism from local elections officials and Georgia Secretary of State Brad Raffensperger, who warned that the changes could sow distrust in the election results and delay certification.
Fulton County Chief Superior Court Judge Ural Glanville dismissed the case last Wednesday, dealing a blow to Democrats’ efforts to challenge the GOP-appointed board members. Despite the setback, Sen. Islam Parkes vowed to continue the fight, saying the board members were "sowing chaos within our election system."
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The complaint against the board members also accused them of violating the Georgia Open Meetings Act during a controversial July 12 meeting, despite warnings from both the Attorney General and the State Election Board Chair that proceeding with the meeting would be unlawful. Parkes alleges the board members’ actions were part of a coordinated effort with the Georgia Republican Party to interfere with free and fair elections; she claimed, "they're going rogue," and said there needs to be accountability in the matter.
The plaintiffs argue that previous governors have routinely forwarded similar complaints to the state Office of Administrative Hearings for investigation. However, the Georgia Attorney General’s office found that Gov. Kemp was not legally required to act on the formal complaint, leading Kemp to decline to take action.
The plaintiffs' attorney, Wayne Kendall, criticized the governor’s decision, calling it a politically motivated decision.
In a statement following the ruling, a spokesperson for the Attorney General's office defended the dismissal.
Meanwhile, on Tuesday, Fulton County Superior Court Judge Robert McBurney struck down another rule passed by the Georgia State Election Board, which would have required all ballots to be hand-counted at each polling location.