Fulton County judge blocks State Election Board’s hand-counting rule

ATLANTA - A Fulton County Superior Court judge has temporarily a rule set last month by the Georgia State Election Board which would require all ballots to be hand-counted at each polling location. 

"[The Hand Count Rule] introduces a new and substantive rule on the eve of election... [it] does not contribute to lessening the tension or boosting the confidence of the public for this election," Superior Court Judge Robert McBurney wrote. 

Supporters argue that hand-counting ballots is essential for ensuring election integrity and increasing public trust in the process. However, the judge appears to have sided with opponents and election officials, who warn that this rule could lead to significant delays in reporting election results, especially in larger counties and would create logistical challenges at a time when election preparations are already underway. 

SEE ALSO: Election results must be certified, Fulton County judge rules

The Georgia Secretary of States Office performs a "health check" on election systems ahead of the November election in DeKalb County on Sept. 17, 2024. (FOX 5)

Judge McBurney emphasized the logistical challenges the rule poses: "[The rule] would require heroic efforts by those state and local authorities in the next few weeks—and even heroic efforts likely would not be enough to avoid chaos and confusion." 

Petitioners, supported by affidavits and exhibits, claimed that more than 7,500 poll workers would have insufficient time to train for the new procedures, potentially undermining confidence in the election process. The court agreed that the timing of the rule’s implementation, set to begin on Oct. 22, seven days after early voting starts, was problematic. 

The rule was one of six that were being challenged ahead of Election Day. Petitioners sought an emergency restraining order or interlocutory injunction to prevent the rule from taking effect.  

Judge McBurney has temporarily enjoined the enforcement of the hand count rule while the court continues to consider the merits of the case. "The status quo — shall remain in effect until the Court enters a final order in this case," the judge concluded. The case remains ongoing, with a final ruling yet to be determined. 

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