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Hearing on Georgia election board rule changes
Fulton County Superior Court Judge Robert McBurney is hearing arguments for and against the recent rule changes approved by the Georgia Election Board regarding the upcoming presidential election.
ATLANTA - Georgia's political battleground heated up again as Republicans and Democrats faced off in a Fulton County courtroom on Tuesday, disputing two new rules passed by the Georgia State Election Board. Both parties presented their cases in front of Superior Court Judge Robert McBurney during a day-long bench trial, with Republicans defending the measures as essential for election security, while Democrats voiced concerns about their potential impact on vote certification.
The two rules in question involve the process of hand-counting ballots after polls close and granting superintendents the authority to refuse to certify votes they suspect might be fraudulent or erroneous. Republicans argue the rules are necessary to maintain the integrity of the election process.
"If any error or fraud is discovered, the superintendent shall compute and certify the votes justly, regardless of any fraud," said Fulton County attorney Joe Siegelman during the proceedings.
The rules’ opponents, including the National Democratic Party, which brought in legal counsel to challenge the measures, argue that allowing superintendents to withhold certification based on suspicion could create confusion and undermine confidence in the election results.
"If you have more ballots than people who showed up to vote, the legislature has already said, the superintendent may exclude actual votes that are not valid," argued Democratic attorney Daniel Volchok.
Julie Adams, a Republican member of the Fulton County Board of Elections, is among those who have filed suit to uphold the new rules. Adams, through her attorney, explained her discomfort with the certification process. "Miss Adams requested additional information from Fulton County. She was uncomfortable with the product and voted against certification," her attorney stated.
Republican attorney Alex Kaufman countered the Democrats' arguments, asserting that "a no vote has to be permitted without threat of a mandamus to give life to these issues," in defense of the superintendent’s discretion.
Judge McBurney, who will ultimately rule on the matter as it is not a jury trial, did not immediately make a decision. He is expected to issue a ruling in the coming weeks, which could significantly impact how Georgia's elections are managed.
Republicans, including those on the State Election Board, contend that these new measures will help ensure Georgia’s elections are "fair and fraud-free." However, with Georgia once again taking center stage in national politics, the debate over these rules is likely to continue as both sides await the judge’s decision.
Concerns over State Election Board members
Sloane (no last name given), 2, waits between her father's legs as he and other voters cast their ballots at a polling station set up at Grady High School for the midterm elections on Nov. 6, 2018, in Atlanta. (Photo by Jessica McGowan/Getty Images)
A series of recent appointments means Trump-endorsed Republicans have had a 3-2 majority on the State Election Board since May. That majority has passed several new rules over the past two months that have caused worry among Democrats and others who believe Trump and his allies may use them to cause confusion and cast doubt on the results if he loses this crucial swing state to Democratic Vice President Kamala Harris in November’s presidential election.
SEE ALSO: Georgia election board members under fire for last-minute rule changes
While the Democrats concede that the two certification rules may not be counter to Georgia law, they argue the rules were drafted on the assumption that certification by county officials is discretionary. They worry that some officials allied with Trump could use the new rules to try to refuse to certify the election results by the deadline set in law.
"According to their drafters, these rules rest on the assumption that certification of election results by a county board is discretionary and subject to free-ranging inquiry that may delay certification or render it wholly optional," they wrote in a court filing.
They also note that numerous county election officials around the state have already sought to block or delay certification in recent elections and "the new rules hand those officials new tools to do so again in November."
Lawyers for the state argue that the Democrats are asking the judge to reinforce what is already in state law — that county certification must happen by 5 p.m. the Monday after the election, or the next day if that Monday is a holiday.
Another rule the board passed more recently requires that poll workers count the number of paper ballots — not votes — by hand on election night after voting ends. A separate lawsuit filed by a group headed by a former Republican lawmaker initially challenged the two certification rules but was amended last week to also challenge the ballot counting rule and some others that the board passed.
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Georgia election board considers more rule changes
Georgia's election board is considering making more changes to the state's electoral system just 42 days before the election.
On Monday, state and local Democrats and a few county officials filed another lawsuit challenging the rule. It is unclear when a judge will evaluate both lawsuits' merits.
MORE: Georgia senator announces new legal action against State Election Board
Georgia Secretary of State Brad Raffensperger and an association of county election officials had cautioned the state board against passing new rules so close to the election. They argued it could cause confusion among poll workers and voters and undermine public trust in the voting process.