Democrats Sue Georgia Election Board for Changing Certifying Rules

A coalition of nationwide Democratic groups have filed a lawsuit asserting that updated election rules in Georgia violate the state’s pre-existing certification laws.

The suit was filed in Fulton County by the Democratic National Committee (DNC) and the Democratic Party of Georgia as well as a number of individuals representing the county’s board. The case focuses on the reasonable inquiry and examination rules passed by the election board earlier this month. 

According to the plaintiffs, the new rules contradict the Peach State’s pre-existing statutes and failed to follow rulemaking procedures under state law. Because of this, the Democrats filing the complaint have asked for a pause in the effectiveness of the rules in the areas that they oppose election law.

They also requested that election results be certified by November 12, making such certification mandatory instead of discretionary. Additionally, state Democrats petitioned the Republican Gov. Brian Kemp to remove three board members, all Republicans, who gave the green light for the rules on the grounds that they exceeded the board’s authority by approving the rules.

Georgia’s election board is led by a Republican and contains the three GOP members who are under fire for their recent decision as well as a single Democrat. GOP nominee Donald Trump commended the three board members at a recent rally, saying they are “doing a great job” and calling them “pit bulls” who are working for “honesty, transparency, and victory.”

The new rules would permit board members in the county election committee to make “reasonable” inquiries prior to certifying voting results. But some, including the Democrats who filed the lawsuit, argue that the term is too vague and opens the door for single board members to prevent certification without a valid reason.

And not every critic of the new rules is Democratic. Brad Raffensperger, the Peach State’s Republican Secretary of State, described the “last-minute” election rule changes as “chaos.” The GOP leader said in a statement earlier this month that the adapted rules are “misguided” and were made by “unelected bureaucrats” that do not have experience running an election. 

He further suggested that the decision appears to “reject the advice” of leaders who warn that the policy might “cause serious problems” during an election which would “otherwise” be “secure and accurate.”