The Georgia state election board approved a new rule on Monday that gives local officials more power to investigate votes after election day, increasing concerns the Republican-controlled body is steamrolling a series of consequential changes that could pave the way for chaos this fall.
The rule approved Monday authorizes any member on a county board of election “to examine all election related documentation created during the conduct of elections prior to certification of results”. Even though Georgia law still requires certification of the vote by 5pm the Monday after election day, experts are concerned that these maneuvers give election deniers significant leeway to slow down the certification process and create uncertainty.
“It provides no safeguards against requests unscrupulously designed to delay or obstruct the lawful certification process,” lawyers for the American Civil Liberties Union, the watchdog groups Citizens for Responsibilities and Ethics in Washington (Crew) and the Public Rights Project wrote in a letter to the board. “It would empower individual county board members to make unreasonable and vexatious demands for any election-related documents – even ones that have no bearing on certification – without providing any basis for their requests.”
The board has moved aggressively to implement new procedures ahead of the election and three Republicans on it have earned public praise from Donald Trump. Earlier this month, it adopted a new rule that gives local boards the power to conduct a “reasonable inquiry” into elections before certifying. It does not define what constitutes a “reasonable inquiry.”
The new power to request all election-related documents comes as Julie Adams, a Republican on the Fulton county election board, has refused to certify elections in the state’s largest county and has claimed she has been denied access to adequate information. Adams is also suing the county board of the elections and its election director with the backing of the Trump-aligned America First Policy Institute to require more access to election documents.
Adams is connected to a network for election deniers led by Cleta Mitchell, a Trump ally who aided his attempt to try and overturn the election. Several activists in that network helped shape the rule the board adopted on Monday, ProPublica reported.
“Trump and his Maga allies have taken over the Georgia state election board to try and give a veneer of legality to their illegal scheme to disrupt the certification of Georgia’s 2024 election results,” said Lauren Groh-Wargo, the chief executive of the voter rights organization Fair Fight. “Many of Trump’s key election denier allies are behind these illegal, anti-freedom changes to Georgia election rules, and it’s all with the goal of helping Trump win the ‘Peach State’, even if he doesn’t earn a majority of Georgians’ votes.”
The new rule also requires the board of elections in each county to meet no later than 3pm on the Friday after the election to compare the total number of unique voter ID numbers in each precinct with the total number of ballots cast in that precinct. The votes in each precinct can’t be counted until the investigation is resolved. If the results can’t be reconciled, the board is authorized to “determine a method to compute the votes justly”.
Several Republicans on the board framed the new rule, which it adopted with a 3-2 vote, as an effort to ensure that only valid votes were cast. “If the board found votes that were made illegally, they should not be counted,” said Janice Johnston, a Republican on the board.
But others on the board said it was acting beyond its powers and said the proposal was opening the door to delay certification.
“This board is once again exceeding our authority,” said John Fervier, the board’s Republican chairman, who joined the lone Democrat on the board to vote against the rule. “We are not elected officials. And we should not try to create law.”
It’s not unusual for there to be small discrepancies between the total numbers of votes cast and the total number of voters. These differences are usually not large enough to affect an election outcome.
“The most common cause for a discrepancy is usually if someone leaves with their ballot before casting it,” said Tate Fall, the director of elections in Cobb county in suburban Atlanta. “This would cause there to be one more check-in on the poll pads then there are ballots in the scanner. Typically poll workers catch these discrepancies early as they check the machine counts hourly.” She added that any discrepancies are always explained in a reconciliation report submitted to the Georgia secretary of state’s office after an election.
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Sara Tindall Ghazal, a Democrat on the board, said during Monday’s meeting that voters sometimes will cast a ballot in person after voting by mail because they’re worried their vote won’t count. In those cases, election workers will typically cancel the mail-in vote before tabulation, she said.
The board is still considering a proposal to have election workers hand count every ballot cast on election day. The original proposal, submitted by Sharlene Alexander, a Republican election board member in Fayette county, would have required three workers at the precinct to separate ballots into stacks of 50 and count them by hand on election night. After receiving feedback from election officials, Janelle King, a Republican member on the board, amended the proposal to allow counties to begin counting the next day. They would still be required to complete the count by Georgia’s certification deadline.
King’s amendment meant that the board had to put off a final vote on the rule until its next meeting in September.
Brad Raffensperger, Georgia’s Republican secretary of state, has heavily criticized the proposed rule changes, saying they would lead to delays in election results and decrease trust in results.
“Georgia voters reject this 11th hour chaos, and so should the unelected members of the State Election Board,” he said in a statement last week. “These misguided, last-minute changes from unelected bureaucrats who have never run an election and seem to reject the advice of anyone who ever has could cause serious problems in an election that otherwise will be secure and accurate.”
Source: US Politics - theguardian.com
