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Georgia AG Rules Against Investigating Pro-Trump Election Officials

 September 8, 2024

On Friday, Georgia Attorney General Christopher Carr issued a significant ruling, concluding that Gov. Brian Kemp is not obligated to investigate pro-Trump State Election Board members over recent election rule changes, and the decision comes after heightened controversy surrounding new election regulations initiated by Republicans on the State Election Board.

The Georgia AG's decision follows calls from Democrats to investigate GOP board members for advancing rules that could delay the certification of future elections, as Newsweek reports.

New Election Rules Spark Legal and Political Tensions

In August, three Republican members of Georgia's State Election Board, holding a majority, introduced new rules affecting the certification of election results.

Under these rules, county election boards are now empowered to launch an investigation into vote tallies before certifying results. This "reasonable inquiry" provision allows local boards to withhold certification until the inquiry is complete, a move that has drawn widespread criticism.

Critics argue that the term "reasonable inquiry" is too vague and lacks clear guidelines. Concerns have also been raised about the potential for these inquiries to prolong the certification process unnecessarily.

Georgia Democrats, alarmed by these developments, asked Kemp to investigate and remove the board members involved.

Legal Challenges and Kemp's Response

In response to these concerns, Democrats had previously sued to block the rules, citing closed-door meetings that excluded Democratic members of the board. Despite these efforts, the rules remained in place, leading to increased political friction. Kemp, caught in the crossfire of these disputes, sought legal counsel from Carr to determine his next steps.

Carr’s ruling emphasized that state law does not obligate the governor to take action based solely on public complaints. "State law does not mean that a citizen can simply submit information to the Governor and trigger a hearing process," Carr explained in his opinion, shutting down calls for Kemp to launch an investigation.

Reactions from Key Players

Max Flugrath, a spokesperson for Fair Fight Action, voiced strong criticism of Carr’s decision. "Kemp has the responsibility. The AG's opinion leaves a gaping hole where accountability should lie," Flugrath said. Flugrath also cited Georgia Code § 45-10-4, arguing that if any charges against these board members were found to be true, Kemp would be required to remove them.

Carr’s ruling has left many unsatisfied, with Norman Eisen, a legal expert, calling it a "shocking abdication of responsibility." Eisen expressed concerns that the leadership was "burying their heads in the sand" instead of addressing potential illegalities within the election process. Democratic State Senator Nabilah Islam Parkes added, "The attorney general is providing cover for the MAGA election board members," accusing Carr of intellectual dishonesty.

Background on Georgia's Contentious Election Environment

The controversy surrounding the State Election Board’s new rules takes place against the backdrop of ongoing election-related tensions in Georgia. In 2020, Georgia flipped from red to blue, with Joe Biden narrowly winning the state by 11,779 votes over Donald Trump. Since then, Georgia has been a focal point for election-related disputes, with Trump and his allies pushing unfounded claims of voter fraud, all of which were dismissed in court.

In August 2023, Trump faced indictment in Fulton County on charges related to alleged efforts to overturn the election results. Despite the indictment, Trump has remained defiant, stating he would accept the results of the 2024 election only if he believed "everything's honest."

Kemp's and Raffensperger's Stance on the 2020 Election

Throughout these controversies, Kemp and Secretary of State Brad Raffensperger have stood by the integrity of Georgia's 2020 election results. Both men have consistently defended the state’s election process, refuting the claims of widespread voter fraud pushed by Trump and his supporters.

Nonetheless, the new rules enacted by the Republican-led State Election Board have renewed concerns about election integrity, particularly as they could delay the certification process. Charles S. Bullock, a political scientist, warned that "these latest changes could delay certification of elections," fueling further apprehension about the impact of these rules on future elections.

Looking Ahead to Future Elections

The implications of Carr’s ruling and the new election rules remain to be seen, as Georgia prepares for the 2024 election cycle. The tension between safeguarding election integrity and the potential for delays caused by the new regulations will likely play a significant role in future political debates.

Trump, meanwhile, has stated that he would "gladly accept the results" of the 2024 election if he believes the process is fair. His comments come as the legal and political battles surrounding election rules in Georgia show no signs of abating.

Conclusion

Georgia Attorney General Christopher Carr’s recent ruling has cleared Gov. Kemp of any obligation to investigate pro-Trump State Election Board members, despite ongoing concerns about election rule changes.

The new rules, which allow local boards to delay certification pending inquiries, have sparked legal challenges and political backlash.

As Georgia continues to navigate the fallout from the 2020 election and prepares for future electoral contests, the state remains at the center of a broader national debate on election integrity and accountability.