Georgia State Election Board changes rules to allow counties more investigative powers

ATLANTA - Georgia's increasingly polarized elections board voted Tuesday to require county election officials to conduct a "reasonable inquiry" before certifying election results to the state. It is a rule change which could significantly impact November's election.

This comes after former President Donald Trump praised three of the board's Republican members by calling their names at his Atlanta rally over the weekend.

Trump mentions Georgia Election Board during Atlanta rally

Trump called the board members "pit bulls that are fighting for victory."

He also criticized the Democrat on the board and the nonpartisan chairman appointed by Gov. Brian Kemp, saying they "aren't so good." Trump in particular singled out Johnston, a retired obstetrician and frequent critic of elections in deeply Democratic Fulton County, who was in the second row at Saturday's rally and stood to acknowledge Trump's praise.  

"My courage was contagious?" Trump said after Johnston stood. "Well, your courage is contagious, too." 

The former president's comments came with heavy criticism because they violated the state elections board's code of conduct. 

"My position is a non-partisan position, so I don't participate in any partisan activities at all. The other board members, whether they participate, it's up to them," Georgia State Election Board Chairman John Fervier said.

Chairman Fervier made it clear he does not play politics.

Many have criticized his Republican colleagues on the board, who have all questioned President Joe Biden's victory in the 2020 election.

"They're on fire. They’re doing a great job. Three members: Janice Johnston, Rick Jeffries and Janelle King. Three people are all pitbulls fighting for honesty, transparency, and victory," Trump said during his speech at his rally in Atlanta over the weekend.

Chairman Fervier says all board members should remain objective.

"We are here to represent all the members of Georgia. All the voters of Georgia, whether Democrat, Republicans or Independents," Fervier said.

Meanwhile, King, who is also a Georgia Gang panelist, welcomed the recognition from Trump.

"I expect, or should I say, I appreciate the encouragement from the president. One of the things I advocated for [is] I think we should continue to encourage people to do the right thing," Georgia Board Member Janelle King said.

Georgia Election Board passes ‘reasonable inquiry’ rule

The board voted 3-1 to initiate rule-making procedures, which will include a "reasonable inquiry" before counties certify election results.

Supporters say the measure is needed because members of county election boards must swear statements that results are accurate and need to be able to adequately assure themselves that the totals are correct before doing so.  

"Why one would not want to assume there is some oversight?" asked State Election Board member Janice Johnston, who was appointed the panel by the state Republican Party. "It's the duty of the board to provide some oversight, in a fair way, in a reasonable way." 

Voting rights groups fear the new rule will be misused by individuals to reject the results of the presidential race and an invitation to create post-election chaos by defying state law which states that county officials "shall certify" results, as well as more than a century of court precedent finding county officials have little wiggle room on the issue.

"The proposed rule changes will give authority to local election officials to halt the counting of votes and slow down, or even outright refuse certification if they contend there are any irregularities, essentially making the certification of election results discretionary," said House Minority Whip Sam Park, a Democrat from Lawrenceville. "The key word there is discretionary. This would essentially give partisan county board of elections personal control over Georgia's election results, allowing them to uphold certifying the election if they disagree with the results." 

"Changing the rules in the middle of a major election cycle is not a wise decision," State President Gerald Griggs tweeted Tuesday afternoon. "Such changes can lead to confusion among voters, create unnecessary complications, and potentially undermine trust in the electoral process.

The rule the board adopted Tuesday was proposed by Michael Heekin, the other Republican-appointed member of the Fulton County board.  

Heekin on Tuesday rebutted claims that reasonable is a subjective term, saying it has an established legal meaning. 

"It's guardrails to make the point that what we are doing is very important and it's not to be taken lightly," Heekin told the state board. 

However, Democrats and voting rights groups fear that Republicans on the board are laying the groundwork for Trump to dispute a Kamala Harris victory in Georgia. 

"I'm saying that adopting a rule that's inconsistent with the statute and over 100 years of Georgia Supreme Court precedent is outside the authority of the board," said Nikhel Sus, a lawyer for Citizens for Responsibility and Ethics in Washington, a liberal-leaning group that focuses on government ethics and accountability. 

Tuesday's action comes after a trio of Republican partisans aligned with Trump took control of the five-member regulatory board. It has no direct role in determining election results but writes rules to ensure that elections run smoothly and hears complaints about violations.

Tuesday's meeting was packed and will resume on Wednesday.

The Associated Press contributed to this report