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Georgia Judge Declares Ballot Counting Rules Void

 October 17, 2024

In a significant legal decision, a Georgia judge has declared a set of election rules enacted by the State Election Board as "illegal, unconstitutional, and void."

Judge Thomas Cox ruled that seven newly implemented rules by a Trump-supported board, which included controversial measures on ballot hand counts and certification procedures, must be immediately rescinded, as Breitbart reports.

The ruling came after a hearing where various groups had challenged the election rules. The judge ordered the immediate removal of these rules due to their lack of compliance with Georgia's Election Code.

Among these measures was a requirement for hand-counting ballots after polls closed, a rule which Judge Cox particularly highlighted as being unauthorized by existing Georgia laws.

Controversial Measures Spark Legal Battle

Additional regulations invalidated include two rules concerning the certification of election results and a requirement for absentee ballot handlers to provide a signature along with a photo ID.

This ruling is timely, as it comes just weeks before the impending elections, necessitating swift action by the State Election Board if they wish to appeal.

The board, made up of members endorsed by former President Donald Trump, had focused these rules on procedures following the voting process. Judge Cox emphasized the board's lack of authority to introduce such rules, echoing sentiments from a previous decision by Judge Robert McBurney who had temporarily halted the hand-count rule, citing its introduction too close to election time.

Rulings Question Board's Authority

The decision arose from a lawsuit spearheaded by Eternal Vigilance Action, led by former state Rep. Scot Turner. The lawsuit was one of many initiated by groups, including Democratic organizations and local election officials, opposing the newly passed rules.

Turner remarked that this outcome was a victory for constitutional principles, underscoring the bipartisan opposition to the rules. “These rules were opposed by citizens that are Republican, as well as Democrats and independents. This is not about party," Turner asserted. The rulings drew attention to the necessity of aligning state board actions with constitutional responsibilities.

Debate Over Ballot Counting Rules

Supporters of the hand-counting requirement argued for its potential to enhance election transparency, though critics pointed out potential delays and additional burdens on poll workers. They were concerned that such measures might muddle the election process and reduce voter confidence, especially with elections drawing near.

Secretary of State Brad Raffensperger and Attorney General Chris Carr both raised alarms over the rules, noting their potential for causing voter and poll worker confusion.

They highlighted conflicts with existing laws, with Raffensperger stating that rushed rules could undermine trust in election outcomes. Judge Cox's decision underscored these concerns, noting that the rules clashed with Georgia law.

Election Procedure Rules Face Scrutiny

In addition to the hand-count rule, other rules demanded video surveillance of ballot drop boxes post-early voting and expanded areas for partisan poll watchers at tabulation centers. Judge Cox described rules related to certification as being inconsistent with state law, thereby rendering them void.

As Election Day approaches, the State Election Board finds itself with limited time to respond to the judge's order. The uncertainty surrounding these rules poses further challenges to the board's ability to conduct orderly elections under the existing legal framework.

The Bottom Line

This decision illustrates the complex interplay between state-level election processes and legal oversight. As lawsuits proliferated, it became evident that the new rules had sparked significant controversy, drawing attention from a range of political and legal stakeholders.

The invalidation emphasizes the need for election rules to firmly adhere to legal statutes, ensuring that changes to election procedures are properly vetted and implemented within the bounds of existing law.

In conclusion, Judge Cox's ruling against the State Election Board's rules marks a critical juncture in Georgia's electoral process. From requiring hand-counts to modifying observer areas, the court found grave inconsistencies with statutory provisions, necessitating their immediate cessation.

This decision underscores the critical balance of powers and adherence to legal principles essential in the governance of election procedures, cementing a significant legal precedent in the realm of electoral oversight.