New Georgia Election Rule Prompts Lawsuit From Democratic Party

The Democratic Party filed a lawsuit to block a new Georgia election rule requiring officials to hand-count ballots in local precincts.

A group including the Democratic National Committee and Georgia Democratic Party sued the Georgia State Election Board after the rule passed last month.

“The Georgia State Election Board voted 3-2 to approve a rule requiring poll workers to hand-count ballots cast on Election Day,” 100 Percent Fed Up previously reported.

Election Board In Battleground State Requires Counties To Hand-Count Ballots

Democrats argued the rule violates Georgia law and said it would cause "problems and delays."

Democrats filed a lawsuit against Georgia's election board over a new rule requiring poll workers to hand count ballots in November. The lawsuit, backed by the Harris-Walz campaign, argues the system violates state law and will cause delays and confusion.https://t.co/AoJf8hbE0P

— Badlands Media (@BadlandsMedia_) September 30, 2024

From The Hill:

The lawsuit, which is backed by the Harris campaign, argues that the new rule “adds an additional hurdle to Georgia’s established process for collecting and tabulating ballots,” as poll workers will need to make sure that a machine tabulation of Election Day ballots matches a hand count done by poll workers. The lawsuit argues that if both numbers do not match, the rule makes it unclear how to actually resolve the discrepancy between the two.

ADVERTISEMENT

Democrats also argue that the hand-count rule is unlawful, saying in their lawsuit that “it improperly adds a new requirement to the Election Code beyond what the General Assembly contemplated and conflicts with the statutes the General Assembly did enact — in particular, by shifting part of the responsibility to oversee the tabulation of ballots from the county board to workers at individual precincts,” and they argue the board “exceeded its rulemaking authority,” among other criticisms.

The lawsuit also notes that several state officials have raised concerns over the hand-count ballot rule, some of whom are Republicans: Georgia Attorney General Chris Carr and Georgia Secretary of State Brad Raffensperger.

“We agree with Georgia’s Republican Attorney General and Secretary of State: This rule is unproductive and unlawful, and we are fighting it. Democrats are stepping in to ensure that Georgia voters can cast their ballots knowing that they will be counted in a free and fair election," Quentin Fulks, Harris-Walz campaign principal deputy campaign manager, said in a statement, according to The Hill.

Democrats Sue Over Georgia Requirement That Ballots Be Counted by Hand pic.twitter.com/fY2Xju6pcY

— LancesEpicQuest (@Stylzbeats) September 30, 2024

Per USA TODAY:

In a letter to the board ahead of its Sept. 20 vote, Carr said the state legislature hadn't legally authorized the board to pass the rule. He also said it's generally a bad idea to pass new rules about how to conduct elections so close to Election Day.

Raffensperger also advised against the proposal, and has referred to a number of the board's last-minute election changes as "a mess."

Democrats are arguing the hand-count rule violates Georgia's election laws, exceeds the board's authority to pass rules, and runs afoul of basic limits on the power of agencies.

"The Hand Count Rule is so improper on its face that both Georgia’s chief elections officer and chief law enforcement officer felt compelled to speak out in opposition prior to the Rule’s adoption," Democrats said in their lawsuit.

Democrats are asking a trial court in Atlanta, Georgia's Fulton County to declare that the rule exceeds the board's authority and block it from going into effect.

ADVERTISEMENT

This is a Guest Post from our friends over at 100 Percent Fed Up.

View the original article here.