Lawsuit Filed against State Election Board’s Republican Majority over new certification rules

A 44-page lawsuit challenging the new Georgia election certification rules was filed by Democrats last week, targeting the recent changes approved by the State Election Board’s Republican majority. Filers of the lawsuit said that these rules mandate an undefined “reasonable inquiry” and impose additional requirements before county election boards can finalize results one week after Election Day.

U.S. Rep. Lucy McBath, D-Marietta, voiced strong opposition to the new rules during a news conference at the state Capitol on Monday, stating, “Make no mistake: What is unfolding in Georgia is nothing less than a concerted effort to subvert democracy and move us backward. By passing this new rule, they are creating barriers to counting votes and certifying elections so Donald Trump can once again attempt to throw our country into chaos.”

The lawsuit escalates ongoing tensions over Georgia’s election laws. The rules, which were passed by the State Election Board’s three GOP members, received praise from Republican presidential nominee Donald Trump, who lauded them as “pit bulls fighting for honesty, transparency, and victory.”

The Democratic Party argued that these rules could lead to disputes over vote counts and potentially delay certification. “Certifying an election is not a choice; it’s the law,” said Quentin Fulks, principal deputy campaign manager for the Harris-Walz campaign. “A few unelected extremists can’t just decide not to count your vote.”

Under the new rules, Republican county election board members who have recently opposed certifying elections are now allowed to examine all election-related documents and can only certify elections after investigating any discrepancies. If errors are discovered, election boards must determine a method to compute votes.

Also, the rules require county election boards to hold a meeting to verify results on the Friday after Election Day—before the deadline for the return of overseas and military ballots. The board also mandates that county election boards conduct a “reasonable inquiry” before certifying elections, though what constitutes “reasonable” remains undefined.

The 2020 election is a backdrop to this controversy after Trump claimed the presidency was stolen from him in Georgia after losing by fewer than 12,000 votes.

However, widespread fraud has never been proven, with state election investigations dismissing allegations of illegal ballots, invalid voter signatures, and fraud during vote counting at State Farm Arena.