A critical trial over challenges to two controversial 2024 election certification rules in Georgia is set to begin in Fulton County on Tuesday.
The lawsuit from the Democratic National Committee argues that the new rules, passed by a 3-2 Republican majority on the Georgia State Election Board, could undermine the process of certifying the election results. The trial will take place before Fulton County Superior Court Judge Robert McBurney, who will decide on the legality of the new rules in a bench trial without a jury.
One of the contested rules requires county officials to conduct a “reasonable inquiry” before certifying election results, but the rule does not clearly define what qualifies as a reasonable inquiry. The second rule allows election officials to examine all election-related documentation, which raised concerns among Democrats that this could lead to delays in certifying the results, particularly in close or contested races.
Democrats argue that these rules could be used to sow doubt in the election process, particularly as the 2024 presidential election approaches, where Georgia is a battleground state. They also raise concerns that the rules were introduced too close to the election, which could cause confusion for election officials and the public.
Supporters of the new rules, including Republican board member Janice Johnston, argued they would have a minimal change to procedure in most elections and that an inquiry is less intense than an audit.
Democratic plaintiffs want a judge to confirm that election superintendents have a duty to certify an election before the deadline provided in the law, and they have no discretion to withhold or delay the certification, which could effectively trounce the new rules passed by the state election board.
Former President Donald Trump has praised the board members who pushed through the two rules, calling them “pit bulls fighting for honesty, transparency, and victory.”
On Monday, a day before the trial, Democrats filed a separate lawsuit targeting a different rule that the state election board passed on Sept. 20 by another 3-2 vote. That rule requires workers at polling places to hand-count paper ballots on election night.
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This new hand-counting rule was challenged by the DNC and was supposed by Vice President Kamala Harris’s campaign, adding further controversy to the state’s evolving election rules.
The trial will be livestreamed on McBurney’s YouTube channel.