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Georgia's Top Court Blocks GOP Election Rule Appeal

 October 23, 2024

The Georgia Supreme Court has unanimously denied an effort led by Republicans to revive election rules previously struck down as unconstitutional.

This decision leaves voided the seven regulations passed by the Georgia State Election Board, including a rule mandating hand-counts of ballots on election night and one that allows delays in certification for investigations, as the Washington Examiner reports.

Unconstitutional Rules Face Legal Challenges

The controversy began when the Georgia State Election Board, a five-member panel with a Republican majority, adopted seven new election rules in August. These rules were designed to, according to their proponents, enhance the transparency and integrity of the electoral process. However, this move quickly drew opposition.

The newly adopted rules faced legal challenges, particularly from Democratic-aligned groups, leading to a judicial review. Fulton County Superior Court Judge Thomas Cox reviewed the regulations and determined they violated Georgia's Constitution and election codes. As a result, Judge Cox invalidated the seven measures last week.

The Republican National Committee, alongside the Georgia Republican Party, swiftly sought to overturn this decision, arguing that the rules were vital for ensuring election fairness. They appealed the matter directly to the state Supreme Court.

Supreme Court Ruling Maintains Status Quo

The state Supreme Court's decision to deny the expedited appeal means the appeal will proceed through the normal judicial process. This path will not see any changes implemented before the upcoming election day due to the timing of the proceedings.

The decision marks a significant moment in the ongoing debate over election security and fairness, themes that have permeated American political discourse in recent years. Meanwhile, early voting in Georgia is already in full swing.

As of now, over 1.5 million ballots have been cast by voters in the state, underscoring the active participation and engagement of Georgia citizens in the electoral process, despite the legal wrangling over the rules.

Republicans Express Discontent with Decision

In light of the court's ruling, Georgia Republican Party Chairman Josh McKoon expressed disappointment, noting a missed opportunity to bolster election transparency. McKoon stated, "The election board rules were designed to reinforce key transparency and checks and balances."

Reacting further, McKoon commented on the process, criticizing what he viewed as inefficiencies within the judicial system. "It is supremely disappointing to observe yet another failure of our judicial system to expeditiously resolve critical questions about our elections process," he remarked.

Meanwhile, Republican advocates for the rules maintained that the "hand count rule," among others, was common sense and in line with preserving the legality of Georgia elections.

Background Context for Court's Decision

The seven rules in question encompassed significant procedural changes. Among these was the "reasonable inquiry rule" that would permit election officials to delay certification if an inquiry was ongoing.

This provision attracted criticism from opponents who perceived it as a potential tool for delaying election results. Moreover, the "hand count rule" required that physical ballots be counted by hand on election night, a measure that Republicans argued would ensure transparency.

The judicial journey of these rules underscores the often complex and contentious nature of election law and its enforcement, illustrating the challenges of balancing security with accessibility in the democratic process.

Appeal to Proceed in Normal Course

With the state Supreme Court's ruling, the appeal will now move forward through the Georgia Court of Appeals. This process means the current electoral regulations will remain unchanged for the present election cycle.

The unresolved status of these rules reflects broader national debates over election integrity and the rules governing how ballots are cast and counted in the United States. The resolution of such litigation can have broad implications, potentially influencing future legislative undertakings at both state and national levels regarding election conduct and oversight.

Conclusion

The Georgia Supreme Court's decision to deny an expedited appeal leaves invalidated seven election rules challenged as unconstitutional.

These rules, offering measures like hand-counting ballots and delaying certification, will not impact the current election cycle.

Republicans, having argued for the rules under transparency and security justifications, express dissatisfaction over judicial delays.

The appeal, heading to the Georgia Court of Appeals, underscores ongoing tensions in election law amid a vibrant early voting season in Georgia.