The fate of a legal fight over Georgia’s 2024 election rules could soon be decided by the state’s Supreme Court, with Republican leaders pushing for a reversal of a ruling that blocked new election regulations.
The Georgia Republican Party and the Republican National Committee are seeking to reinstate rules aimed at strengthening election integrity, which were struck down by a Fulton County judge. Judge Thomas Cox ruled last week that the state’s Election Board had exceeded its authority in implementing these changes, arguing that such powers belong to the Georgia General Assembly.
The judge “exemplified the very worst of judicial activism,” RNC Chairman Michael Whatley said on Oct. 17, before the RNC asked the Georgia Supreme Court on Friday to reinstate the board’s recent rule changes that in part would allow county election officials to hand-count paper ballots the night of the election.
“By overturning the Georgia State Election Board’s commonsense rules passed to safeguard Georgia’s elections, the judge sided with the Democrats in their attacks on transparency, accountability, and the integrity of our elections,” Whatley added, saying the appeal is necessary to “ensure commonsense rules are in place for the election — we will not let this stand.”
At the heart of the dispute are new rules introduced by the Georgia State Election Board, including hand-counting paper ballots and expanding poll watcher access. The new rules were passed Sept. 20, less than 50 days before the general election.
On Oct. 19, GOP petitioners subsequently asked the state Supreme Court to pause Cox’s ruling and allow the rules to go into effect while the appeal continues. A decision on this request is expected soon, according to Democracy Docket.
“After considering the emergency motion for supersedeas, the Court will address the remainder of the Petitioners’ motion for an expedited appeal,” the state Supreme Court said in their Oct. 18 decision that agreed to consider the RNC’s appeal.
The other six rules Cox struck down would require a “reasonable inquiry” by local officials before certifying results, give county election board members access to election-related documents generated as the election was being conducted, make absentee ballot deliverers provide a signature and photo ID upon delivery, require surveillance and recording of authorized drop boxes after the close of polls, expand poll-watching areas, and add new rules for the county board of registrars in reporting absentee ballot information.
These rules were set to apply in the presidential election but were blocked by Cox’s ruling. Republicans argue that these measures are crucial for transparency and security. The RNC, in its appeal, emphasized that the new rules were intended to ensure the accuracy of election results and maintain public trust in the system.
Concerns about the management of the Georgia election have continued on the Right since former President Donald Trump narrowly lost the state in 2020 by around 11,000 votes, prompting allegations about “election fraud” and even leading to indictments against the former president.
Janelle King, a member of the Georgia State Election Board and one of the key Trump-aligned figures behind the rule changes, defended the board’s actions, stating that the new regulations were meant to protect the integrity of Georgia’s elections.
“This was a Republican who brought this case against us, so it’s not a partisan issue,” King said on the Atlanta Journal-Constitution’s Politically Georgia podcast.
King expressed disappointment over the backlash the board has faced, pointing out that some of the rules had the support of local election officials.
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“I’m really more disappointed in the fact that I feel like the pendulum has swung,” King said on the podcast, referring to the opposition to the board’s actions.
The stakes of the state Supreme Court’s decision will be high not only for the 2024 general election, which polls show is tight in the Peach State, but also for how future election rules are crafted and enforced in the state.