Democrats
Sue Georgia Election Board, Warning of ‘Chaos’
The board
recently passed new rules aimed at altering the process for certifying
elections. The lawsuit says such changes are illegal.
Nick
Corasaniti
By Nick
Corasaniti
Aug. 26,
2024
Democrats
sued the Georgia state election board on Monday, arguing that measures approved
by the board this month seeking to alter the election certification process in
the state were illegal and could create chaos on Election Day.
The lawsuit
claims that the board intended to give local election officials a broad license
to “hunt for purported election irregularities of any kind, potentially
delaying certification and displacing longstanding (and court-supervised)
processes for addressing fraud.”
The lawsuit
was filed in state court by local election officials, political candidates, the
Democratic National Committee and the Democratic Party of Georgia with support
from Vice President Kamala Harris’s presidential campaign. The move comes weeks
after the state election board voted 3-2 to pass rules to give election
officials authority to conduct “reasonable inquiry” into elections before
certification and to require that county election officials be given “all
election related documentation” before certification. Both rules, the lawsuit
argues, create the impression that local election officials have discretionary
power over certifying election results.
The
political spotlight has pivoted back to Georgia in recent weeks, since
President Biden withdrew from the presidential race and polls have shown Ms.
Harris closing the gap with former President Donald J. Trump in the critical
swing state. The increasingly close nature of the race there has thrust the
actions of the state election board to center stage.
Members of
the board who voted to pass the new rules said that they would not permit
officials to ignore deadlines for certification set by state law. But the
lawsuit notes that some local election officials in Georgia have already sought
to delay or refuse certification, and that the new measures add to a legal
uncertainty that undermines the entire election process across the state.
“These novel
requirements introduce substantial uncertainty in the postelection process and
— if interpreted as their drafters have suggested — invite chaos by
establishing new processes at odds with existing statutory duties,” the lawsuit
argues.
The suit is
asking the court to clearly state that certification is mandatory and cannot be
delayed by election officials. It also seeks clarification that the courts, and
not local election boards, are the venue for resolving disputes about alleged
irregularities or fraud.
Delaying
certification, the lawsuit argues, could also result in “mass
disenfranchisement of eligible, registered Georgians.”
In a
statement announcing the lawsuit, Democrats pointed to praise that members of
the state election board received from Mr. Trump, and recalled the Trump effort
to overturn the result in Georgia in 2020.
“The three
members Donald Trump called his ‘pit bulls’ for ‘victory’ disagree, and they’re
determined to establish a new power of not certifying an election result should
their preferred candidate lose — as he did in 2020,” said Representative Nikema
Williams, the chair of the Democratic Party of Georgia.
Members of
the state board of election did not immediately respond to requests for
comment.
The lawsuit
lands months after right-wing election activists obtained a 3-2 majority on the
state election board, and began passing a host of rules and regulations that
aligned with conservative goals.
During
meetings in which both rules were passed, election officials from across the
state weighed in, saying that some of the board’s proposals would create
difficulties for local election officials so close to the election and cause
unneeded extra work and costs.
In a
statement, Quentin Fulks, a deputy campaign manager for Ms. Harris, framed the
new rules as part of a broader effort by Republicans “to lay the groundwork to
challenge the election results when they lose again in November.”
The shift in
the board, and the new rules, have alarmed Democrats, voting-rights groups and
even some Republicans, who have said that the board has exceeded its authority.
Brad
Raffensperger, the Republican secretary of state, chastised the state election
board this month, stating that the last-minute changes were undermining
confidence in elections and risking the integrity of the election.
“Activists
seeking to impose last-minute changes in election procedures outside of the
legislative process undermine voter confidence and burden election workers,”
Mr. Raffensperger said in a statement. “Misguided attempts by the State
Election Board will delay election results and undermine chain of custody
safeguards. Georgia voters reject this 11th-hour chaos, and so should the
unelected members of the State Election Board.”
When we learn of a mistake, we acknowledge it with a correction. If you spot an error, please let us know at nytnews@nytimes.com.Learn more
Nick
Corasaniti is a Times reporter covering national politics, with a focus on
voting and elections. More about Nick Corasaniti
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