Georgia high court rejects GOP request to reinstate election board rule changes

ATLANTA (CN) — The Georgia Supreme Court on Tuesday unanimously denied an attempt by the Republican National Party to reinstate multiple new election rules imposed by the State Election Board over recent months.

The Republican National Committee and the Georgia Republican Party appealed a ruling from Fulton County Superior Court Judge Thomas Cox issued Wednesday, that said the GOP-heavy State Election Board exceeded its authority in passing the rules and ordered it to immediately inform all state and local election officials that the rules are void and not to be followed.

On Thursday, the Republican party asked the justices for an expedited appeal before Election Day, but the Georgia Supreme Court declined to grant the request. The court didn’t include a reason in its order, but noted that the appeal will proceed.

Lauren Groh-Wargo, the CEO of Fair Fight, a Georgia-based nonprofit that fights against voter suppression, applauded the decision.

“Today’s ruling is a huge win for Georgia voters and the rule of law. The rejection of the MAGA Election Board’s unconstitutional rules sends a strong message: our elections cannot be manipulated to serve partisan interests,” Groh-Wargo said.

“These rules are part of a larger election-denier plot to undermine confidence in our elections, but once again, the courts have affirmed that the rule of law will prevail. This is a critical victory in the ongoing fight to protect independent elections.”

Cox’s order invalidated seven new controversial election rules that included a hand count of ballots on election night and a “reasonable inquiry” requirement before certifying results.

He wrote in his ruling that under the U.S. Constitution, only the General Assembly can enact election rules regarding the election of federal officers, which the state election board is to follow.

In a statement Thursday, Republican National Committee chair Michael Whatley accused Cox of “the very worst of judicial activism.”

“By overturning the Georgia State Election Board’s commonsense rules passed to safeguard Georgia’s elections, the judge sided with the Democrats in their attacks on transparency, accountability, and the integrity of our elections,” Whatley said. “We have immediately appealed this egregious order to ensure commonsense rules are in place for the election — we will not let this stand.”

Cox made the decision after a hearing Wednesday in a lawsuit brought by two Republicans, former state Representative Scot Turner and Chatham County election board member James Hall.

Turner filed the suit on behalf of his nonprofit organization, Eternal Vigilance Action, which says it aims to defend elections from attacks that erode public faith in electoral outcomes based on misinformation and disinformation.

Their attorney, Christopher Scott Anulewicz, did not immediatly respond to a request for comment.

Other rules Cox said are illegal and unconstitutional involved requiring someone delivering an absentee ballot in person to provide a signature and photo ID, video surveillance and recording of ballot drop boxes after polls close during early voting, expanding the mandatory designated areas where partisan poll watchers can observe at tabulation centers, and daily public updates of the number of votes cast during early voting.

The ruling was applauded by Democrats, liberal voting rights groups and county election officials from across the state, who have raised concerns the rule changes are being imposed too close to Election Day and undermine public confidence in election results. They’ve also expressed concerns that they could allow former President Donald Trump’s allies to refuse to certify the results if the Republican nominee loses to Vice President Kamala Harris in next month’s presidential election.

The new state election board rules passed over recent months were approved by the three Republicans whom Trump called out by name during an Atlanta campaign rally in August, calling them “pit bulls fighting for honesty, transparency and victory.”

Janelle King, Rick Jeffares and Janice Johnston have defended their decisions as wanting to improve accuracy in ballot counting and argued that Georgia already requires such hand counts in the event of an audit.

Such changes have drawn controversy from both Republicans and Democrats due to Georgia’s recent electoral history: Although President Joe Biden carried the Peach State by fewer than 12,000 votes during the 2020 presidential election, Trump has continued to falsely insist that he won the critical swing state.

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