When Causing Doubt in Elections Processes is the Point

Ever since the Georgia State Election Board (SEB) became a majority MAGA board, it has been working in overdrive to create a state full of disenfranchised voters. Established to interpret election law and create clarifying rules assisting localities in running elections, the SEB has been making rules beyond what is normal, and even beyond what some are arguing is legal, for this governing body. 

At worst, many consider it to be a weaponized, politicized version of a normally staid, administrative election body. And as of the publication of this issue, the SEB isn’t finished yet. 

The SEB passed three rules in August with a 3-2 vote that threaten to delay or even deny election certifications, bog down election officials, and intimidate voters. And, these rules passed even after the requisite public comment period showed most Georgians are overwhelmingly against them. These rules are: Reasonable Inquiry, Examination Rule, and Drop Box Surveillance. 

The Reasonable Inquiry Rule is likely what you’ve heard about most in the news. This rule gives local elections board members the power to conduct “reasonable inquiry” into elections before certifying; however, the rule does not define “reasonable inquiry,” thus injecting confusion and varying standards into Georgia’s elections. It is important to note that Georgia law does not give local elections boards the power to challenge election results; it does require local election boards to certify election results 6 days after election day. Their role is not to verify the accuracy of an election but to confirm that the local officials completed tabulation and verification processes as the law indicates. If local elections boards do not certify, they are at risk of criminal indictment. 

The Examination Rule requires our county Board of Registration and Elections (BRE) to meet on Friday at 3pm following the election to determine whether to count provisional ballots or require additional verification to count those provisional ballots. Provisional ballots are used for situations where a piece of information about the voter's registration is still being verified, giving a voter several extra days to provide it and thus, have their votes count. This new rule would essentially nullify these votes from being counted. The new rule also requires investigation into any discrepancy between total ballots cast versus total persons voted. 

One might argue these sound like reasonable rules, right? No. These rules enable any BRE member with an intention to delay and cast doubt to access documents they normally wouldn’t have needed to access. Remember, their role is to verify that local officials completed the tabulation. Any investigation into any accusations of fraud occurs only after certification. 
Worth understanding is that there could be several reasons why the number of total ballots may not equal the total number of persons voting. Reasons include that some voters check in to vote but decide to leave before finalizing casting their vote, and the election system being slow to update the counting and recording of corrected provisional ballots.

Drop Box Surveillance is the third rule recently enacted by the SEB. This rule requires every person who drops off an absentee ballot to show their ID and to sign an affidavit swearing they meet the requirements to drop off the ballot. While seemingly benign, this rule is primed to cause confusion as 159 counties across Georgia must quickly create or find the right form and train personnel on administering this new rule.  What happens to your absentee ballot if an election worker makes an administrative error at this point of contact  - will your vote no longer count when you’ve done everything correctly? This action illustrates again how the SEB--by creating new rules so close to the election– puts Georgia’s elections and your vote at risk.

Many organizations and individuals across Georgia have already filed lawsuits (our own Forsyth BRE member, Anita Tucker is a signatory) and amicus briefs to stop the rules from being enacted. Concerns range from county boards not certifying their election results to new rules surrounding absentee ballot drop off, Even some Republican members of the Georgia Legislature have expressed concern. And the pushback continues as the DNC lawsuit has been scheduled for a hearing on October 1. 

As noted above, Georgia law requires election board members to certify the election and the law lays out consequences should they not do so. Under Georgia law if a board member refuses to certify, emergency court orders could be filed to compel officials to follow the law. If they do not, the court then has the right to replace the local official or press criminal charges. It is also important to note the law protects citizens’ right to vote and for our vote to count. Any citizen (or group of citizens) could file suit against the election board member for violating that right. 
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There are several more rules very recently passed and many moving parts as we publish this issue. And as with the above, they are aimed at causing delay, chaos, and  denying millions of Georgians their votes. We urge you to check your voter registration regularly and make a plan to vote in person during Advance Voting. Stay tuned for more updates in our next issue of The Kicker!